20–930 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–72 

MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS 

FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, 

AND FOR OTHER PURPOSES 

MAY 3, 2005.—Ordered to be printed 

Mr. LEWIS of California, from the committee of conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany H.R. 1268] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendments of the Senate to the bill (H.R. 

1268), ‘‘making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver’s license and identification document security standards, to prevent terrorists from abusing the 

asylum laws of the United States, to unify terrorism-related 

grounds for inadmissibility and removal, to ensure expeditious construction of the San Diego border fence, and for other purposes’’, 

having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: 

That the House recede from its disagreement to the amendment of the Senate and agree to the same with amendment as follows: 

In lieu of the matter proposed to be inserted by the Senate 

amendment, insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami 

Relief Act, 2005’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

2 

DIVISION A—EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR 

DEFENSE, THE GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF, 2005 

Title I—Defense Related Appropriations 

Title II—International Programs and Assistance for Reconstruction and the War on 

Terror 

Title III—Domestic Appropriations for the War on Terror 

Title IV—Indian Ocean Tsunami Relief 

Title V—Other Emergency Appropriations 

Title VI—General Provisions and Technical Corrections 

DIVISION B—REAL ID ACT OF 2005 

SEC. 3. REFERENCES. 

Except as expressly provided otherwise, any reference to ‘‘this 

Act’’ contained in any division of this Act shall be treated as referring only to the provisions of that division. 

DIVISION A—EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR 

DEFENSE, THE GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF, 2005 

That the following sums are appropriated, out of any money in the 

Treasury not otherwise appropriated, for the fiscal year ending September 30, 2005, and for other purposes, namely: 

TITLE I—DEFENSE-RELATED APPROPRIATIONS 

DEPARTMENT OF DEFENSE—MILITARY 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For an additional amount for ‘‘Military Personnel, Army’’, 

$13,609,208,000, of which not to exceed $508,374,000 shall remain 

available until September 30, 2006: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany 

S. Con. Res. 95 (108th Congress). 

MILITARY PERSONNEL, NAVY

For an additional amount for ‘‘Military Personnel, Navy’’, 

$535,108,000, of which not to exceed $19,928,000 shall remain 

available until September 30, 2006: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany 

S. Con. Res. 95 (108th Congress). 

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine 

Corps’’, $1,358,053,000, of which not to exceed $220,227,000 shall 

remain available until September 30, 2006: Provided, That the 

amount provided under this heading is designated as an emergency 

requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

3 

MILITARY PERSONNEL, AIR FORCE

For an additional amount for ‘‘Military Personnel, Air Force’’, 

$1,599,943,000, of which not to exceed $16,471,000 shall remain 

available until September 30, 2006: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany 

S. Con. Res. 95 (108th Congress). 

RESERVE PERSONNEL, ARMY

For an additional amount for ‘‘Reserve Personnel, Army’’, 

$39,627,000: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 

402 of the conference report to accompany S. Con. Res. 95 (108th 

Congress). 

RESERVE PERSONNEL, NAVY

For an additional amount for ‘‘Reserve Personnel, Navy’’, 

$9,411,000: Provided, That the amount provided under this heading 

is designated as an emergency requirement pursuant to section 402 

of the conference report to accompany S. Con. Res. 95 (108th Congress). 

RESERVE PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Reserve Personnel, Marine 

Corps’’, $4,015,000: Provided, That the amount provided under this 

heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

RESERVE PERSONNEL, AIR FORCE

For an additional amount for ‘‘Reserve Personnel, Air Force’’, 

$130,000: Provided, That the amount provided under this heading 

is designated as an emergency requirement pursuant to section 402 

of the conference report to accompany S. Con. Res. 95 (108th Congress). 

NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for ‘‘National Guard Personnel, 

Army’’, $291,100,000: Provided, That the amount provided under 

this heading is designated as an emergency requirement pursuant 

to section 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

NATIONAL GUARD PERSONNEL, AIR FORCE

For an additional amount for ‘‘National Guard Personnel, Air 

Force’’, $91,000: Provided, That the amount provided under this 

heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

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OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance, 

Army’’, $16,980,304,000: Provided, That the amount provided under 

this heading is designated as an emergency requirement pursuant 

to section 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance, 

Navy’’, $3,030,574,000: Provided, That the amount provided under 

this heading is designated as an emergency requirement pursuant 

to section 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps’’, $982,464,000: Provided, That the amount provided 

under this heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. 

Res. 95 (108th Congress). 

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance, Air 

Force’’, $5,627,053,000: Provided, That the amount provided under 

this heading is designated as an emergency requirement pursuant 

to section 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’, $3,042,265,000, of which— 

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

(2) up to $1,220,000,000, 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: Provided further, That the amount 

5 

provided under this heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Army Reserve’’, $26,354,000: Provided, That the amount provided 

under this heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. 

Res. 95 (108th Congress). 

OPERATION AND MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Navy Reserve’’, $75,164,000: Provided, That the amount provided 

under this heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. 

Res. 95 (108th Congress). 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps Reserve’’, $24,920,000: Provided, That the amount 

provided under this heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany 

S. Con. Res. 95 (108th Congress). 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, 

Army National Guard’’, $326,850,000: Provided, That the amount 

provided under this heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany 

S. Con. Res. 95 (108th Congress). 

AFGHANISTAN SECURITY FORCES FUND

(INCLUDING TRANSFER OF FUNDS)

For the ‘‘Afghanistan Security Forces Fund’’, $1,285,000,000, to 

remain available until September 30, 2006: Provided, That such 

funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing the 

Commander, Combined Forces Command—Afghanistan, or the Secretary’s designee to provide assistance, with the concurrence of the 

Secretary of State, to the security forces of Afghanistan including 

the provision of equipment, supplies, services, training, facility and 

infrastructure repair, renovation, and construction, and funding: 

Provided further, That the authority to provide assistance under 

this section is in addition to any other authority to provide assistance to foreign nations: Provided further, That the Secretary of Defense may transfer 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 defense working capital funds to accomplish the purposes provided herein: Provided further, That this 

transfer authority is in addition to any other transfer authority 

6 

available to the Department of Defense: Provided further, That upon 

a determination that all or part of the funds so transferred from 

this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: 

Provided further, That of the amounts provided under this heading, 

$290,000,000 shall be transferred to ‘‘Operation and Maintenance, 

Army’’ to reimburse the Department of the Army for costs incurred 

to train, equip and provide related assistance to Afghan security 

forces: Provided further, That contributions of funds for the purposes provided herein from any person, foreign government, or international organization may be credited to this Fund, and used for 

such purposes: Provided further, That the Secretary shall notify the 

congressional defense committees in writing upon the receipt and 

upon the transfer of any contribution delineating the sources and 

amounts of the funds received and the specific use of such contributions: Provided further, That the Secretary of Defense shall, not 

fewer than 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: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of the 

conference report to accompany S. Con. Res. 95 (108th Congress). 

IRAQ SECURITY FORCES FUND

(INCLUDING TRANSFER OF FUNDS)

For the ‘‘Iraq Security Forces Fund’’, $5,700,000,000, to remain 

available until September 30, 2006: Provided, That such funds shall 

be available to the Secretary of Defense, notwithstanding any other 

provision of law, for the purpose of allowing the Commander, MultiNational Security Transition Command—Iraq, or the Secretary’s 

designee to provide assistance, with the concurrence of the Secretary 

of State, to the security forces of Iraq including the provision of 

equipment, supplies, services, training, facility and infrastructure 

repair, renovation, and construction, and funding: Provided further, 

That the authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations: Provided further, That the Secretary of Defense may transfer 

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 defense working capital funds to accomplish the purposes provided herein: Provided further, That this transfer authority is in addition to any other transfer authority available to the Department 

of Defense: Provided further, That upon a determination that all or 

part of the funds so transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be 

transferred back to this appropriation: Provided further, That of the 

amounts provided under this heading, $210,000,000 shall be transferred to ‘‘Operation and Maintenance, Army’’ to reimburse the Department of the Army for costs incurred to train, equip, and provide 

related assistance to Iraqi security forces: Provided further, That 

7 

contributions of funds for the purposes provided herein from any 

person, foreign government, or international organization may be 

credited to this Fund, and used for such purposes: Provided further, 

That the Secretary shall notify the congressional defense committees 

in writing upon the receipt and upon the transfer of any contribution delineating the sources and amounts of the funds received and 

the specific use of such contributions: Provided further, That, notwithstanding any other provision of law, from funds made available 

under this heading, $99,000,000 shall be used to provide assistance 

to the Government of Jordan to establish a regional training center 

designed to provide comprehensive training programs for regional 

military and security forces and military and civilian officials, to 

enhance the capability of such forces and officials to respond to existing and emerging security threats in the region: Provided further, 

That assistance authorized by the preceding proviso may include the 

provision of facilities, equipment, supplies, services and training, 

and the Secretary of Defense may transfer funds to any Federal 

agency for the purpose of providing such assistance: 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: Provided further, That the 

amount provided under this heading is designated as an emergency 

requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For an additional amount for ‘‘Aircraft Procurement, Army’’, 

$458,677,000, 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 the conference report to accompany S. Con. Res. 95 (108th Congress). 

MISSILE PROCUREMENT, ARMY

For an additional amount for ‘‘Missile Procurement, Army’’, 

$310,250,000, 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 the conference report to accompany S. Con. Res. 95 (108th Congress). 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 

ARMY

For an additional amount for ‘‘Procurement of Weapons and 

Tracked Combat Vehicles, Army’’, $2,551,187,000, 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 the conference report to accompany S. Con. 

Res. 95 (108th Congress). 

8 

PROCUREMENT OF AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition, 

Army’’, $532,800,000, to remain available until September 30, 2007: 

Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of the 

conference report to accompany S. Con. Res. 95 (108th Congress). 

OTHER PROCUREMENT, ARMY

For an additional amount for ‘‘Other Procurement, Army’’, 

$6,250,505,000, 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 the conference report to accompany S. Con. Res. 95 (108th Congress). 

AIRCRAFT PROCUREMENT, NAVY

For an additional amount for ‘‘Aircraft Procurement, Navy’’, 

$200,295,000, 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 the conference report to accompany S. Con. Res. 95 (108th Congress). 

WEAPONS PROCUREMENT, NAVY

For an additional amount for ‘‘Weapons Procurement, Navy’’, 

$66,000,000, 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 the conference report to accompany S. Con. Res. 95 (108th Congress). 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition, 

Navy and Marine Corps’’, $139,635,000, 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 the conference report to accompany S. Con. Res. 95 

(108th Congress). 

OTHER PROCUREMENT, NAVY

For an additional amount for ‘‘Other Procurement, Navy’’, 

$78,397,000, 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 the conference report to accompany S. Con. Res. 95 (108th Congress). 

PROCUREMENT, MARINE CORPS

For an additional amount for ‘‘Procurement, Marine Corps’’, 

$3,283,042,000, 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 the conference report to accompany S. Con. Res. 95 (108th Congress). 

9 

AIRCRAFT PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Aircraft Procurement, Air 

Force’’, $277,309,000, 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 the 

conference report to accompany S. Con. Res. 95 (108th Congress). 

PROCUREMENT OF AMMUNITION, AIR FORCE

For an additional amount for ‘‘Procurement of Ammunition, Air 

Force’’, $6,998,000, 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 the 

conference report to accompany S. Con. Res. 95 (108th Congress). 

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’, 

$2,577,560,000, 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 the conference report to accompany S. Con. Res. 95 (108th Congress). 

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’, 

$645,939,000, 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 the conference report to accompany S. Con. Res. 95 (108th Congress). 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Army’’, $37,170,000, to remain available until September 30, 2006: Provided, That the amount provided under this 

heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Navy’’, $204,051,000, to remain available until September 30, 2006: Provided, That the amount provided under this 

heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Air Force’’, $142,500,000, to remain available until September 30, 2006: Provided, That the amount provided under this 

heading is designated as an emergency requirement pursuant to secVerDate Aug 04 2004 10:26 May 05, 2005 Jkt 020930 PO 00000 Frm 00009 Fmt 6659 Sfmt 6603 E:\HR\OC\HR072.XXX HR072
10 

tion 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Defense-Wide’’, $203,561,000, to remain available until 

September 30, 2006: Provided, That the amount provided under this 

heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For an additional amount for ‘‘Defense Working Capital 

Funds’’, $1,511,300,000: Provided, That the amount provided under 

this heading is designated as an emergency requirement pursuant 

to section 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

NATIONAL DEFENSE SEALIFT FUND

For an additional amount for ‘‘National Defense Sealift Fund’’, $32,400,000, to remain available until expended: Provided, That the 

amount provided under this heading is designated as an emergency 

requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

RELATED AGENCIES 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

For an additional amount for ‘‘Intelligence Community Management Account’’, $250,300,000, of which $181,000,000 is to remain available until September 30, 2006: Provided, That the 

amount provided under this heading is designated as an emergency 

requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Drug Interdiction and CounterDrug Activities, Defense’’, $242,000,000: Provided, That these funds 

may be used for such activities related to Afghanistan and the Central Asia area: Provided further, That the Secretary of Defense may 

transfer the funds provided herein only to appropriations for military personnel; operation and maintenance; and procurement: Provided further, That the funds transferred shall be merged with and 

be available for the same purposes and for the same time period as 

the appropriation to which transferred: Provided further, That the 

transfer authority provided in this paragraph is in addition to any 

other transfer authority available to the Department of Defense: Provided further, That upon a determination that all or part of the 

11 

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 not to exceed $70,000,000 

of the funds provided herein may be used to reimburse fully this account for obligations incurred for the purposes provided under this 

heading prior to enactment of this Act: Provided further, That the 

amount provided under this heading is designated as an emergency 

requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

OFFICE OF THE INSPECTOR GENERAL

For an additional amount for ‘‘Office of the Inspector General’’, 

$148,000: Provided, That the amount provided under this heading 

is designated as an emergency requirement pursuant to section 402 

of the conference report to accompany S. Con. Res. 95 (108th Congress). 

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’, 

$210,550,000 for Operation and maintenance: Provided, That the 

amount provided under this heading is designated as an emergency 

requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

MILITARY CONSTRUCTION 

MILITARY CONSTRUCTION, ARMY

For an additional amount for ‘‘Military Construction, Army’’, 

$847,191,000, to remain available until September 30, 2006: Provided, That notwithstanding any other provision of law, such funds 

may be obligated or expended to carry out planning and design and 

military construction projects not otherwise authorized by law: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of the 

conference report to accompany S. Con. Res. 95 (108th Congress). 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Military Construction, Navy and 

Marine Corps’’, $139,880,000, to remain available until September 

30, 2006: Provided, That notwithstanding any other provision of 

law, such funds may be obligated or expended to carry out planning 

and design and military construction projects not otherwise authorized by law: Provided further, That the amount provided under this 

heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

MILITARY CONSTRUCTION, AIR FORCE

For an additional amount for ‘‘Military Construction, Air 

Force’’, $140,983,000, to remain available until September 30, 2006: 

Provided, That notwithstanding any other provision of law, such 

funds may be obligated or expended to carry out planning and design and military construction projects not otherwise authorized by 

12 

law: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 

402 of the conference report to accompany S. Con. Res. 95 (108th 

Congress). 

GENERAL PROVISIONS, THIS TITLE 

SPECIAL TRANSFER AUTHORITY

(TRANSFER OF FUNDS)

SEC. 1001. Upon his determination that such action is necessary in the national interest, the Secretary of Defense may transfer 

between appropriations up to $3,000,000,000 of the funds made 

available to the Department of Defense in this title, except for military construction: Provided, That the Secretary shall notify the Congress promptly of each transfer made pursuant to this authority: 

Provided further, That the transfer authority provided in this section is in addition to any other transfer authority available to the 

Department of Defense: Provided further, That the authority in this 

section is subject to the same terms and conditions as the authority 

provided in section 8005 of the Department of Defense Appropriations Act, 2005, except for the fourth proviso: Provided further, That 

the amount made available by the transfer of funds in or pursuant 

to this section is designated as an emergency requirement pursuant 

to section 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

GENERAL TRANSFER AUTHORITY

(TRANSFER OF FUNDS)

SEC. 1002. Section 8005 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 969), is amended by striking ‘‘$3,500,000,000’’ and inserting in lieu thereof 

‘‘$6,185,000,000’’: Provided, That the amount made available by the 

transfer of funds in or pursuant to this section is designated as an 

emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

COUNTER-DRUG ACTIVITIES

SEC. 1003. (a) AUTHORITY TO PROVIDE SUPPORT.—Of the 

amount appropriated by this Act under the heading, ‘‘Drug Interdiction and Counter-Drug Activities, Defense’’, not to exceed 

$34,000,000 may be made available for support for counter-drug activities of the Government of Afghanistan, and not to exceed 

$4,000,000 may be made available for support for counter-drug activities of the Government of Pakistan: Provided, That such support 

shall be in addition to support provided for the counter-drug activities of said Governments under any other provision of the law. 

(b) TYPES OF SUPPORT.—(1) Except as specified in subsections 

(b)(2) and (b)(3) of this section, the support that may be provided 

under the authority in this section shall be limited to the types of 

support specified in section 1033(c)(1) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85, as amended by Public Law 106–398 and Public Law 108–136) and conditions 

13 

on the provision of support as contained in section 1033 shall apply 

for fiscal year 2005. 

(2) The Secretary of Defense may transfer vehicles, aircraft, and 

detection, interception, monitoring and testing equipment to said 

Governments for counter-drug activities. 

(3) For the Government of Afghanistan, the Secretary of Defense 

may also provide individual and crew-served weapons, and ammunition for counter-drug security forces. 

EXTRAORDINARY AND EMERGENCY EXPENSES

SEC. 1004. The paragraph under the heading ‘‘Operation and 

Maintenance, Defense-Wide’’ in title II of the Department of Defense 

Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 954), is 

amended in the first proviso by striking ‘‘$32,000,000’’ and inserting 

‘‘$40,000,000’’. 

ADVANCE BILLING

SEC. 1005. For fiscal year 2005, the limitation under paragraph 

(3) of section 2208(l) of title 10, United States Code, on the total 

amount of advance billings rendered or imposed for all working 

capital funds of the Department of Defense in a fiscal year shall be 

applied by substituting ‘‘$1,500,000,000’’ for ‘‘$1,000,000,000’’. 

COMMANDER’S EMERGENCY RESPONSE PROGRAM

SEC. 1006. Section 1201(a) of the Ronald W. Reagan National 

Defense Authorization Act for Fiscal Year 2005 (Public Law 108– 

375; 118 Stat. 2077), as amended by section 102 of title I of division 

J of the Consolidated Appropriations Act, 2005 (Public Law 108– 

447), is further amended by striking ‘‘$500,000,000’’ in the matter 

preceding paragraph (1) and inserting ‘‘$854,000,000’’: Provided, 

That from funds available for the Commander’s Emergency Response Program for fiscal year 2005, not to exceed $10,000,000 may 

be used to purchase weapons from any person, foreign government, 

international organization or other entity for the purpose of protecting United States forces overseas, and to dispose of the weapons 

purchased: Provided further, That the Secretary of Defense shall 

submit to the congressional defense committees quarterly reports regarding the purchase and disposal of weapons under this subsection. 

CLASSIFIED PROGRAM

SEC. 1007. Section 8090(b) of the Department of Defense Appropriations Act, 2005 (Public Law 108–287), is amended by striking 

‘‘$185,000,000’’ and inserting ‘‘$210,000,000’’. 

LIMITATION ON CIVILIAN COMPENSATION

SEC. 1008. (a) During calendar year 2005 and notwithstanding 

section 5547 of title 5, United States Code, the head of an Executive 

agency may waive the limitation, up to $200,000, established in that 

section for total compensation, including limitations on the aggregate of basic pay and premium pay payable in a calendar year, to 

an employee who performs work while in an overseas location that 

is in the area of responsibility of the Commander of the U.S. Central Command, in support of, or related to— 

14 

(1) a military operation, including a contingency operation; 

or 

(2) an operation in response to a declared emergency. 

(b) To the extent that a waiver under subsection (a) results in 

payment of additional premium pay of a type that is normally creditable as basic pay for retirement or any other purpose, such additional pay shall not be considered to be basic pay for any purpose, 

nor shall it be used in computing a lump-sum payment for accumulated and accrued annual leave under section 5551 of title 5, United 

States Code. 

(c) The Director of the Office of Personnel Management may 

issue regulations to ensure appropriate consistency among heads of 

executive agencies in the exercise of authority granted by this section. 

OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

SEC. 1009. Section 1096(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458), is amended— 

(1) by striking ‘‘in the fiscal year after the effective date of 

this Act’’ and inserting in lieu thereof ‘‘in the fiscal years 2005 

and 2006’’; and 

(2) in paragraph (1) by striking ‘‘500 new personnel billets’’ 

and inserting in lieu thereof ‘‘the total of 500 new personnel positions’’. 

COALITION LIAISON OFFICERS

SEC. 1010. Section 1051a(e) of title 10, United States Code, is 

amended by striking ‘‘September 30, 2005’’ and inserting ‘‘December 

31, 2005’’. 

RESERVE AFFILIATION BONUS

SEC. 1011. Notwithstanding subsection (c) of section 308e of 

title 37, United States Code, the maximum amount of the bonus 

paid to a member of the Armed Forces pursuant to a reserve affiliation agreement entered into under such section during fiscal year 

2005 shall not exceed $10,000, and the Secretary of Defense and the 

Secretary of Homeland Security, with respect to the Coast Guard, 

may prescribe regulations under subsection (f) of such section to 

modify the method by which bonus payments are made under reserve affiliation agreements entered into during such fiscal year. 

SERVICEMEMBERS’ GROUP LIFE INSURANCE

SEC. 1012. (a) INCREASED MAXIMUM AMOUNT OF

SERVICEMBERS’ GROUP LIFE INSURANCE.—Section 1967 of title 38, 

United States Code, is amended— 

(1) in subsection (a)(3)(A), by striking clause (i) and inserting the following new clause: 

‘‘(i) In the case of a member— ‘‘(I) $400,000 or such lesser amount as the member 

may elect as provided in subparagraph (B); 

‘‘(II) in the case of a member covered by subsection (e), 

the amount provided for or elected by the member under 

subclause (I) plus the additional amount of insurance provided for the member by subsection (e); or 

15 

‘‘(III) in the case of a member covered by subsection (e) 

who has made an election under paragraph (2)(A) not to be 

insured under this subchapter, the amount of insurance 

provided for the member by subsection (e).’’; and 

(2) in subsection (d), by striking ‘‘$250,000’’ and inserting ‘‘$400,000’’. 

(b) INCREMENTS OF DECREASED AMOUNTS ELECTABLE BY MEM- BERS.—Subsection (a)(3)(B) of such section is amended by striking 

‘‘member or spouse’’ in the last sentence and inserting ‘‘member, be 

evenly divisible by $50,000 and, in the case of a member’s spouse’’. 

(c) ADDITIONAL AMOUNT FOR MEMBERS SERVING IN CERTAIN

AREAS OR OPERATIONS.— 

(1) INCREASED AMOUNT.—Section 1967 of such title is further amended— 

(A) by redesignating subsection (e) as subsection (f); 

and 

(B) by inserting after subsection (d) the following new 

subsection (e): 

‘‘(e)(1) A member covered by this subsection is any member as 

follows: 

‘‘(A) Any member who dies as a result of one or more 

wounds, injuries, or illnesses incurred while serving in an operation or area that the Secretary designates, in writing, as a 

combat operation or a zone of combat, respectively, for purposes 

of this subsection. 

‘‘(B) Any member who formerly served in an operation or 

area so designated and whose death is determined (under regulations prescribed by the Secretary of Defense) to be the direct 

result of injury or illness incurred or aggravated while so serving. 

‘‘(2) The additional amount of insurance under this subchapter 

that is provided for a member by this subsection is $150,000, except 

that in a case in which the amount provided for or elected by the 

member under subsection (a)(3)(A)(i)(I) exceeds $250,000, the additional amount of insurance under this subchapter that is provided 

for the member by this subsection shall be reduced to such amount 

as is necessary to comply with the limitation in paragraph (3). 

‘‘(3) The total amount of insurance payable for a member under 

this subchapter may not exceed $400,000. 

‘‘(4) While a member is serving in an operation or area designated as described in paragraph (1), the cost of insurance of the 

member under this subchapter that is attributable to $150,000 of insurance coverage shall, at the election of the Secretary concerned— 

‘‘(A) be contributed as provided in section 1969(b)(2) of this 

title, rather through deduction or withholding from the member’s pay; or 

‘‘(B) if deducted or withheld from the member’s pay, be reimbursed to the member through such mechanism as the Secretary concerned determines appropriate.’’. 

(2) FUNDING.—Section 1969(b) of such title is amended— 

(A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(2) For each month for which a member insured under this 

subchapter is serving in an operation or area designated as described by paragraph (1)(A) of section 1967(e) of this title, there 

16 

may, at the election of the Secretary concerned under paragraph 

(4)(A) of such section, be contributed from the appropriation made 

for active duty pay of the uniformed service concerned an amount 

determined by the Secretary and certified to the Secretary concerned 

to be the cost of Servicemembers’ Group Life Insurance which is 

traceable to the cost of providing insurance for the member under 

section 1967 of this title in the amount of $150,000.’’. 

(d) CONFORMING AMENDMENT.—Section 1967(a)(2)(A) of such 

title is amended by inserting before the period at the end the following: ‘‘, except with respect to insurance provided under paragraph (3)(A)(i)(III)’’. 

(e) COORDINATION WITH VGLI.—Section 1977(a) of such title is 

amended— 

(1) by striking ‘‘$250,000’’ each place it appears and inserting ‘‘$400,000’’; and 

(2) by adding at the end of paragraph (1) the following new 

sentence: ‘‘Any additional amount of insurance provided a 

member under section 1967(e) of this title may not be treated 

as an amount for which Veterans’ Group Life Insurance shall 

be issued under this section.’’. 

(f) REQUIREMENTS REGARDING ELECTIONS OF MEMBERS TO REDUCE OR DECLINE INSURANCE.—Section 1967(a) of such title is further amended— 

(1) in paragraph (2), by adding at the end the following 

new subparagraph: 

‘‘(C) Pursuant to regulations prescribed by the Secretary of Defense, notice of an election of a member with a spouse not to be insured under this subchapter, or to be insured under this subchapter 

in an amount less than the maximum amount provided under paragraph (3)(A)(i)(I), shall be provided to the spouse of the member.’’; 

and 

(2) in paragraph (3)— 

(A) in the matter preceding clause (i), by striking ‘‘and 

(C)’’ and inserting ‘‘, (C), and (D)’’; and 

(B) by adding at the end the following new subparagraphs: 

‘‘(D) A member with a spouse may not elect not to be insured 

under this subchapter, or to be insured under this subchapter in an 

amount less than the maximum amount provided under subparagraph (A)(i)(I), without the written consent of the spouse. 

‘‘(E) Whenever a member who is not married elects not to be insured under this subchapter, or to be insured under this subchapter 

in an amount less than the maximum amount provided for under 

subparagraph (A)(i)(I), the Secretary concerned shall provide a notice of such election to any person designated by the member as a 

beneficiary or designated as the member’s next-of-kin for the purpose of emergency notification, as determined under regulations prescribed by the Secretary of Defense.’’. 

(g) REQUIREMENT REGARDING REDESIGNATION OF BENEFICIARIES.—Section 1970 of such title is amended by adding at the 

end the following new subsection: 

‘‘(j) A member with a spouse may not modify the beneficiary or 

beneficiaries designated by the member under subsection (a) without 

providing written notice of such modification to the spouse.’’. 

17 

(h) EFFECTIVE DATE.—This section and the amendments made 

by this section shall take effect on the first day of the first month 

that begins more than 90 days after the date of the enactment of 

this Act. 

(i) TERMINATION.—The amendments made by this section shall 

terminate on September 30, 2005. Effective on October 1, 2005, the 

provisions of sections 1967, 1969, 1970, and 1977 of title 38, United 

States Code, as in effect on the day before the date of the enactment 

of this Act shall be revived. 

DEATH GRATUITY

SEC. 1013. (a) INCREASE IN DEATH GRATUITY.— (1) AMOUNT.—Section 1478 of title 10, United States Code, 

is amended— 

(A) in subsection (a), by inserting ‘‘, except as provided in subsections (c), (e), and (f)’’ after ‘‘$12,000’’; 

(B) by redesignating subsection (c) as subsection (d); 

and 

(C) by inserting after subsection (b) the following new 

subsection (c): 

‘‘(c) The death gratuity payable under sections 1475 through 1477 of this title is $100,000 in the case of a death resulting from 

wounds, injuries, or illnesses that are— 

‘‘(1) incurred as described in section 1413a(e)(2) of this title; 

or 

‘‘(2) incurred in an operation or area designated as a combat operation or a combat zone, respectively, by the Secretary of 

Defense under section 1967(e)(1)(A) of title 38.’’. 

(2) CONFORMING AMENDMENT.—Subsection (a) of such section, as amended by paragraph (1), is further amended by striking ‘‘(as adjusted under subsection (c))’’ and inserting ‘‘(as adjusted under subsection (d))’’. 

(b) RETROACTIVE PAYMENT OF DEATH GRATUITY FOR DEATHS

AFTER OCTOBER 7, 2001, FROM COMBAT-RELATED CAUSES OR

CAUSES INCURRED IN COMBAT OPERATIONS OR AREAS.—Such section is further amended by adding at the end the following new subsection: 

‘‘(e)(1) In the case of a person described in paragraph (2), a 

death gratuity shall be payable in accordance with this subsection 

for the death of such person that is in addition to the death gratuity 

payable in the case of such death under subsection (a). 

‘‘(2) This subsection applies in the case of a member of the 

armed forces who dies before the date of the enactment of this subsection as a direct result of one or more wounds, injuries, or illnesses that— 

‘‘(A) were incurred in the theater of operations of Operation 

Enduring Freedom or Operation Iraqi Freedom; or 

‘‘(B) were incurred as described in section 1413a(e)(2) of 

this title on or after October 7, 2001. 

‘‘(3) The amount of additional death gratuity payable under 

this subsection shall be $238,000, of which— 

‘‘(A) $150,000 shall be paid in the manner specified in 

paragraph (4); and 

‘‘(B) $88,000 shall be paid in the manner specified in paragraph (5). 

18 

‘‘(4) A payment pursuant to paragraph (3)(A) by reason of a 

death covered by this subsection shall be paid— 

‘‘(A) to a beneficiary in proportion to the share of benefits 

applicable to such beneficiary in the payment of life insurance 

proceeds paid on the basis of that death under the 

Servicemembers Group Life Insurance program under subchapter III of chapter 19 of title 38; or 

‘‘(B) in the case of a person who elected not to be insured 

under the provisions of that subchapter, in equal shares to the 

person or persons who would have received proceeds under 

those provisions of law for a member who is insured under that 

subchapter but does not designate named beneficiaries. 

‘‘(5) A payment pursuant to paragraph (3)(B) by reason of a 

death covered by this subsection shall be paid equal shares to the 

beneficiaries who were paid the death gratuity that was paid with 

respect to that death under this section.’’. 

(c) PAYMENT OF DEATH GRATUITY FOR CERTAIN OTHER DEATHS

FROM COMBAT-RELATED CAUSES OR CAUSES INCURRED IN COMBAT

OPERATIONS OR AREAS.—Such section is further amended by adding at the end the following new subsection: 

‘‘(f)(1) In the case of a person described in paragraph (2), a 

death gratuity shall be payable in accordance with this subsection 

for the death of such person that is in addition to the death gratuity 

payable in the case of such death under subsection (e). 

‘‘(2) This subsection applies in the case of a member of the 

armed forces who dies during the period beginning on the date of 

the enactment of this subsection and ending on the first day of the 

first month that begins more than 90 days after such date of one 

or more wounds, injuries, or illnesses that— 

‘‘(A) are incurred in the theater of operations of Operation 

Enduring Freedom or Operation Iraqi Freedom; or 

‘‘(B) are incurred as described in section 1413a(e)(2) of this 

title. 

‘‘(3) The amount of additional death gratuity payable under 

this subsection shall be $150,000. 

‘‘(4) A payment pursuant to paragraph (3) by reason of a death 

covered by this subsection shall be paid— 

‘‘(A) to a beneficiary in proportion to the share of benefits 

applicable to such beneficiary in the payment of life insurance 

proceeds payable on the basis of that death under the 

Servicemembers Group Life Insurance program under subchapter III of chapter 19 of title 38; or 

‘‘(B) in the case of a person who elected not to be insured 

under the provisions of that subchapter, in equal shares to the 

person or persons who receive proceeds under those provisions 

of law for a member who is insured under that subchapter but 

does not designate named beneficiaries.’’. 

(d) EFFECTIVE DATE.—This section and the amendments made 

by this section shall take effect on the date of the enactment of this 

Act. 

(e) TERMINATION.— 

(1) IN GENERAL.—This section and the amendment made by 

this subsection shall terminate on September 30, 2005. Effective 

as of October 1, 2005, the provisions of section 1478 of title 10, 

19 

United States Code, as in effect on the date before the date of 

the enactment of this Act shall be revived. 

(2) CONTINUING OBLIGATION TO PAY.—Any amount of additional death gratuity payable under section 1478 of title 10, 

United States Code, by reason of the amendments made by subsections (b) and (c) of this section that remains payable as of 

September 30, 2005, shall, notwithstanding paragraph (1), remain payable after that date until paid. 

INTELLIGENCE ACTIVITIES AUTHORIZATION

SEC. 1014. 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). 

PROHIBITION OF NEW START PROGRAMS

SEC. 1015. (a) None of the funds provided in this title may be 

used to finance programs or activities denied by Congress in fiscal 

year 2004 and 2005 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. 

(b) Notwithstanding subsection (a) of this section, the Department of the Army may use funds made available in this Act under 

the heading, ‘‘Procurement of Ammunition, Army’’ to procure ammunition and accessories therefor that have a standard-type classification, under Army regulations pertaining to the acceptability of materiel for use, and that are the same as other ammunition and accessories therefor that have been procured with funds made available 

under such heading in past appropriations Acts for the Department 

of Defense, only for 25 mm high explosive rounds for M2 Bradley 

Fighting Vehicles, 120 mm multi-purpose anti-tank and obstacle reduction rounds for M1 Abrams tanks, L410 aircraft countermeasure 

flares, 81 mm mortar red phosphorous smoke rounds, MD73 impulse cartridge for aircraft flares, and 20 mm high explosive rounds 

for C–RAM, whose stocks have been depleted and must be replenished for continuing operations of the Department of the Army. 

CHEMICAL WEAPONS DEMILITARIZATION

SEC. 1016. (a)(1) Notwithstanding section 917 of Public Law 

97–86, as amended, of the funds appropriated or otherwise made 

available by the Department of Defense Appropriations Act, 2005 

(Public Law 108–287), the Military Construction Appropriations 

and Emergency Hurricane Supplemental Appropriations Act, 2005 

(Public Law 108–324), and other Acts for the purpose of the destruction of the United States stockpile of lethal chemical agents and munitions at Blue Grass Army Depot, Kentucky, and Pueblo Chemical 

Depot, Colorado, the unobligated balance as of the date of enactment of this Act, shall remain available for obligation solely for 

such purpose and shall be made available not later than 30 days 

after the date of the enactment of this Act to the Program Manager 

for Assembled Chemical Weapons Alternatives for activities related 

20 

to such purpose at Blue Grass Army Depot, Kentucky, and Pueblo 

Chemical Depot, Colorado. 

(2) Of the funds made available under paragraph (a)(1), not 

less than $100,000,000 shall be obligated not later than 120 days 

after the date of the enactment of this Act. 

(b)(1) Notwithstanding section 917 of Public Law 97–86, as 

amended, none of the funds appropriated or otherwise made available by the Department of Defense Appropriations Act, 2005, the 

Military Construction Appropriations and Emergency Hurricane 

Supplemental Appropriations Act, 2005, and other Acts for the purpose of the destruction of the United States stockpile of lethal chemical agents and munitions at Blue Grass Army Depot, Kentucky, 

and Pueblo Chemical Depot, Colorado, may be deobligated, transferred, or reprogrammed out of the Assembled Chemical Weapons 

Alternatives Program. 

(2) The amount appropriated or otherwise made available by 

the Department of Defense Appropriations Act, 2005, the Military 

Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act, 2005, and other Acts for the purpose of 

the destruction of the United States stockpile of lethal chemical 

agents and munitions at Blue Grass Army Depot, Kentucky, and 

Pueblo Chemical Depot, Colorado, is $813,440,000. 

(c) No funds appropriated or otherwise made available to the 

Secretary of Defense under this Act or any other Act may be obligated or expended to finance directly or indirectly any study related 

to the transportation of chemical weapons across State lines. 

PHILADELPHIA REGIONAL PORT AUTHORITY

SEC. 1017. Section 115 of division H of Public Law 108–199 is 

amended by striking all after ‘‘made available’’ and substituting ‘‘, 

notwithstanding section 2218(c)(1) of title 10, United States Code, 

for a grant to Philadelphia Regional Port Authority, to be used solely for the purpose of construction, by and for a Philadelphia-based 

company established to operate high-speed, advanced-design vessels 

for the transport of high-value, time-sensitive cargoes in the foreign 

commerce of the United States, of a marine cargo terminal and IT 

network for high-speed commercial vessels that is capable of supporting military sealift requirements.’’: Provided, That of the funds 

provided in Public Law 108–287 under the heading ‘‘Operation and 

Maintenance, Army’’ for Woody Island and Historic Structure, 

$1,000,000 shall be made available in the form of a grant for these 

purposes. 

LPD–17 COST ADJUSTMENT

(TRANSFER OF FUNDS)

SEC. 1018. 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: 

21 

Under the heading, ‘‘Shipbuilding and Conversion, 

Navy, 2005/2009’’: 

LCU (X), $19,000,000; 

To: 

Under the heading, ‘‘Shipbuilding and Conversion, 

Navy, 1996/2008’’: 

LPD–17, $19,000,000: 

Provided further, That the amount made available by the transfer 

of funds in or pursuant to this section is designated as an emergency requirement pursuant to section 402 of the conference report 

to accompany S. Con. Res. 95 (108th Congress). 

PROHIBITION ON COMPETITION OF THE NEXT GENERATION DESTROYER

(DD(X))

SEC. 1019. (a) No funds appropriated or otherwise made available by this Act, or by prior Acts, may be obligated or expended to 

prepare for, conduct, or implement a strategy for the acquisition of 

the next generation destroyer (DD(X)) program through a winnertake-all strategy. 

(b) WINNER-TAKE-ALL STRATEGY DEFINED.—In this section, the 

term ‘‘winner-take-all strategy’’, with respect to the acquisition of destroyers under the next generation destroyer program, means the acquisition (including design and construction) of such destroyers 

through a single shipyard. 

CIVILIAN PAY

SEC. 1020. None of the funds appropriated to the Department 

of Defense by this Act or any other Act for fiscal year 2005 or any 

other fiscal year may be expended for any pay raise granted on or 

after January 1, 2005 that is implemented in a manner that provides a greater increase for non-career employees than for career employees on the basis of their status as career or non-career employees, unless specifically authorized by law: Provided, That this provision shall be implemented for fiscal year 2005 without regard to the 

requirements of section 5383 of title 5, United States Code: Provided 

further, That no employee of the Department of Defense shall have 

his or her pay reduced for the purpose of complying with the requirements of this provision. 

INDUSTRIAL MOBILIZATION CAPACITY

SEC. 1021. Of the amounts appropriated or otherwise made 

available by the Department of Defense Appropriations Act, 2005, 

$12,500,000 shall be available only for industrial mobilization capacity at Rock Island Arsenal. 

BASIC ALLOWANCE FOR HOUSING FOR DEPENDENTS

SEC. 1022. (a) Section 403(l) of title 37, United States Code, is 

amended by striking ‘‘180 days’’ each place it appears and inserting 

‘‘365 days’’. 

(b) TERMINATION.—The amendment made by this section shall 

terminate on September 30, 2005. Effective on October 1, 2005, the 

provisions of section 403(l) of title 37, United States Code, as in effect on the date before the date of the enactment of this Act shall 

be revived. 

22 

PROHIBITION ON CHARGES FOR MEALS

SEC. 1023. (a) PROHIBITION.—A member of the Armed Forces 

entitled to a basic allowance for subsistence under section 402 of 

title 37, United States Code, who is undergoing medical recuperation or therapy, or is otherwise in the status of continuous care, including outpatient care, at a military treatment facility for an injury, illness, or disease incurred or aggravated while on active duty 

in the Armed Forces in Operation Iraqi Freedom or Operation Enduring Freedom shall not, during any month in which so entitled, 

be required to pay any charge for meals provided such member by 

the military treatment facility. 

(b) EFFECTIVE DATE.—The limitation in paragraph (a) shall 

take effect upon enactment of this Act, and shall apply with respect 

to meals provided members of the Armed Forces as described in that 

paragraph on or after that date. 

(c) TERMINATION.—The amendment made by this section shall 

terminate on September 30, 2005. Effective on October 1, 2005, the 

provisions of section 402 of title 37, United States Code, as in effect 

on the date before the date of the enactment of this Act shall be revived. 

REQUESTS FOR FUTURE FUNDING FOR MILITARY OPERATIONS IN

AFGHANISTAN AND IRAQ

SEC. 1024. (a) FINDINGS.—The Senate makes the following findings: 

(1) The Department of Defense Appropriations Act, 2004 

(Public Law 108–87) and the Department of Defense Appropriations Act, 2005 (Public Law 108–287) each contain a sense of 

the Senate provision urging the President to provide in the annual budget requests of the President for a fiscal year under 

section 1105(a) of title 31, United States Code, an estimate of 

the cost of ongoing military operations in Iraq and Afghanistan 

in such fiscal year. 

(2) The budget for fiscal year 2006 submitted to Congress 

by the President on February 7, 2005, requests no funds for fiscal year 2006 for ongoing military operations in Iraq or Afghanistan. 

(3) According to the Congressional Research Service, there 

exists historical precedent for including the cost of ongoing military operations in the annual budget requests of the President 

following initial funding for such operations by emergency or 

supplemental appropriations Acts, including— 

(A) funds for Operation Noble Eagle, beginning in the 

budget request of President George W. Bush for fiscal year 

2005; 

(B) funds for operations in Kosovo, beginning in the 

budget request of President George W. Bush for fiscal year 

2001; 

(C) funds for operations in Bosnia, beginning in 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; 

23 

(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) The Senate has included in its version of the fiscal year 

2006 budget resolution, which was adopted by the Senate on 

March 17, 2005, a reserve fund of $50,000,000,000 for overseas 

contingency operations, but the determination of that amount 

could not take into account any Administration estimate on the 

projected cost of such operations in fiscal year 2006. 

(5) In February 2005, the Congressional Budget Office estimated that fiscal year 2006 costs for ongoing military operations in Iraq and Afghanistan could total $65,000,000,000. 

(b) SENSE OF 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 to Congress, not later than 

September 1, 2005, an amendment to the budget of the President for fiscal year 2006 that was submitted to Congress under 

section 1105(a) of title 31, United States Code, setting forth detailed cost 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. 

(c) ADDITIONAL REQUIREMENTS FOR CERTAIN REPORTS.—(1) 

Each semiannual report to Congress required under a provision of 

law referred to in paragraph (2) shall include, in addition to the 

matters specified in the applicable provision of law, the following: 

(A) A statement of the cumulative total of all amounts obligated, and of all amounts expended, as of the date of such report for Operation Enduring Freedom. 

(B) A statement of the cumulative total of all amounts obligated, and of all amounts expended, as of the date of such report for Operation Iraqi Freedom. 

(C) An estimate of the reasonably foreseeable costs for ongoing military operations to be incurred during the 12-month period beginning on the date of such report. 

(2) The provisions of law referred to in this paragraph are as 

follows: 

(A) Section 1120 of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and 

Afghanistan, 2004 (Public Law 108–106; 117 Stat. 1219; 10 

U.S.C. 113 note). 

(B) Section 9010 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 1008; 10 U.S.C. 

113 note). 

24 

AIRCRAFT CARRIERS OF THE NAVY

SEC. 1025. (a) FUNDING FOR REPAIR AND MAINTENANCE OF

U.S.S. JOHN F. KENNEDY.—Of the amount appropriated to the Department of the Navy in this Act, necessary funding will be made 

available for such repair and maintenance of the U.S.S. John F. 

Kennedy as the Navy considers appropriate to extend the life of 

U.S.S. John F. Kennedy. 

(b) LIMITATION ON REDUCTION IN NUMBER OF ACTIVE AIRCRAFT

CARRIERS.—No funds appropriated or otherwise made available in 

this Act may be obligated or expended to reduce the number of active aircraft carriers of the Navy below 12 active aircraft carriers 

until after the date of the submittal to Congress of the quadrennial 

defense review required in 2005 under section 118 of title 10, United 

States Code. 

(c) ACTIVE AIRCRAFT CARRIERS.—For purposes of this section, 

an active aircraft carrier of the Navy includes an aircraft carrier 

that is temporarily unavailable for worldwide deployment due to 

routing or scheduled maintenance. 

(d) PACIFIC FLEET AUTHORITIES.—None of the funds available 

to the Department of the Navy 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. 

TRAVEL FOR FAMILY OF HOSPITALIZED SERVICEMEMBERS

SEC. 1026. (a) AUTHORITY.—Subsection (a) of section 411h of 

title 37, United States Code, is amended— 

(1) in paragraph (2)— 

(A) by inserting ‘‘and’’ at the end of subparagraph (A); 

and 

(B) by striking subparagraphs (B) and (C) and inserting the following new subparagraph: 

‘‘(B) either— 

‘‘(i) is seriously ill, seriously injured, or in a situation 

of imminent death (whether or not electrical brain activity 

still exists or brain death is declared), and is hospitalized 

in a medical facility in or outside the United States; or 

‘‘(ii) is not described in clause (i), but has an injury incurred in an operation or area designated as a combat operation or combat zone, respectively, by the Secretary of Defense under section 1967(e)(1)(A) of title 38 and is hospitalized in a medical facility in the United States for treatment 

of that injury.’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) Not more than one roundtrip may be provided to a family 

member under paragraph (1) on the basis of clause (ii) of paragraph 

(2)(B).’’. 

(b) CONFORMING AMENDMENTS.— 

(1) HEADING FOR AMENDED SECTION.—The heading for section 411h of such title is amended to read as follows: 

25 

‘‘§ 411h. Travel and transportation allowances: transportation of family members incident to illness or injury of members’’. 

(2) CLERICAL AMENDMENT.—The item relating to such section in the table of sections at the beginning of chapter 7 of such 

title is amended to read as follows: 

‘‘411h. Travel and transportation allowances: transportation of family members incident to illness or injury of members.’’. 

(c) FUNDING.—Funds for the provision of travel in fiscal year 

2005 under section 411h of title 37, United States Code, by reason 

of the amendments made by this section shall be derived as follows: 

(1) In the case of travel provided by the Department of the 

Army, from amounts appropriated for fiscal year 2005 by this 

Act and the Department of Defense Appropriations Act, 2005 

(Public Law 108–287) for the Operation and Maintenance, 

Army account. 

(2) In the case of travel provided by the Department of the 

Navy, from amounts appropriated for fiscal year 2005 by the 

Acts referred to in paragraph (1) for the Operation and Maintenance, Navy account. 

(3) In the case of travel provided by the Department of the 

Air Force, from amounts appropriated for fiscal year 2005 by 

the Acts referred to in paragraph (1) for the Operation and 

Maintenance, Air Force account. 

(d) REPORT ON TRAVEL IN EXCESS OF CERTAIN LIMIT.—If in 

any fiscal year the amount of travel provided in such fiscal year 

under section 411h of title 37, United States Code, by reason of the 

amendments made by this section exceeds $20,000,000, the Secretary of Defense shall submit to the congressional defense committees a report on that fact, including the total amount of travel provided in such fiscal year under such section 411h by reason of the 

amendments made by this section. 

(e) TERMINATION.—The amendment made by this section shall 

terminate on September 30, 2005. Effective on October 1, 2005, the 

provisions of section 411h of title 37, United States Code, as in effect 

on the date before the date of the enactment of this Act shall be revived. 

PROHIBITION ON TERMINATION OF MULTIYEAR PROCUREMENT

CONTRACT FOR C/KC–130J AIRCRAFT

SEC. 1027. No funds in this Act may be obligated or expended 

to terminate the joint service multiyear procurement contract for C/ 

KC–130J aircraft that is in effect on the date of the enactment of 

this Act. 

PURPLE HEART COMMENDATIONS

SEC. 1028. None of the funds in this Act or prior Acts may be 

used to revoke Purple Heart commendations awarded to members of 

the Armed Forces who have served in Operation Iraqi Freedom or 

Operation Enduring Freedom: Provided, That the Secretary of any 

military department may, on a case-by-case basis, waive this provision fifteen days after notifying the congressional defense committees of their intent to revoke an individual’s Purple Heart commendation. 

26 

VIRTUAL TRAINING COCKPIT OPTIMIZATION PROGRAM

(TRANSFER OF FUNDS)

SEC. 1029. 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 authority provided in 

this section is in addition to any other transfer authority available 

to the Department of Defense: Provided further, That the amounts 

shall be transferred between the following appropriations in the 

amounts specified: 

From: 

Under the heading, ‘‘Aircraft Procurement, Army, 

2004/2006’’, $2,000,000; 

To: 

Under the heading, ‘‘Research, Development, Test and 

Evaluation, Army, 2004/2005’’, $2,000,000: 

Provided further, That these funds may only be used for the Virtual 

Training Cockpit Optimization Program: Provided further, That the 

amount made available by the transfer of funds in or pursuant to 

this section is designated as an emergency requirement pursuant to 

section 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

TRANSFER OF FUNDS FOR FORCE PROTECTION PROGRAMS

(TRANSFER OF FUNDS)

SEC. 1030. Notwithstanding any other provision of law, upon 

enactment of this Act, the Secretary of Defense shall make the following transfers of funds previously made available in the Department of Defense Appropriations Act, 2005 (Public Law 108–287): 

Provided, That the amounts transferred shall be made available for 

the same purpose and the same time period as the appropriation to 

which transferred: Provided further, That the authority provided in 

this section is in addition to any other transfer authority available 

to the Department of Defense: Provided further, That the amounts 

shall be transferred between the following appropriations, in the 

amounts specified: 

To: 

Under the heading, ‘‘Research, Development, Test and Evaluation, Air Force, 2005/2006’’, $500,000; 

From: 

Under the heading, ‘‘Other Procurement, Air Force’’, $500,000. 

To: 

Under the heading, ‘‘Other Procurement, Air Force, 2005/2007’’, $8,200,000; 

From: 

Under the heading, ‘‘Other Procurement, Navy, 2005/ 

2007’’, $8,200,000: 

Provided further, That the amounts made available by the transfer 

of funds in or pursuant to this section are designated as an emergency requirement pursuant to section 402 of the conference report 

to accompany S. Con. Res. 95 (108th Congress). 

27 

PROHIBITION ON TORTURE AND CRUEL, INHUMAN, OR DEGRADING

TREATMENT

SEC. 1031. (a)(1) None of the funds appropriated or otherwise 

made available by this Act shall be obligated or expended to subject 

any person in the custody or under the physical control of the 

United States to torture or cruel, inhuman, or degrading treatment 

or punishment that is prohibited by the Constitution, laws, or treaties of the United States. 

(2) Nothing in this section shall affect the status of any person 

under the Geneva Conventions or whether any person is entitled to 

the protections of the Geneva Conventions. 

(b) As used in this section— 

(1) the term ‘‘torture’’ has the meaning given that term in 

section 2340(1) of title 18, United States Code; and 

(2) the term ‘‘cruel, inhuman, or degrading treatment or 

punishment’’ means the cruel, unusual, and inhumane treatment or punishment prohibited by the fifth amendment, eighth 

amendment, or fourteenth amendment to the Constitution of the 

United States. 

TRAUMATIC INJURY PROTECTION

SEC. 1032. TRAUMATIC INJURY PROTECTION. (a) IN GENERAL.— 

Subchapter III of chapter 19, Title 38, United States Code, is 

amended— 

(1) in section 1965, by adding at the end the following: 

‘‘(11) The term ‘activities of daily living’ means the inability 

to independently perform 2 of the 6 following functions: 

‘‘(A) Bathing. 

‘‘(B) Continence. 

‘‘(C) Dressing. 

‘‘(D) Eating. 

‘‘(E) Toileting. 

‘‘(F) Transferring.’’; and 

(2) by adding at the end the following: 

‘‘§ 1980A. Traumatic injury protection 

‘‘(a) A member who is insured under subparagraph (A)(i), (B), 

or (C)(i) of section 1967(a)(1) shall automatically be issued a traumatic injury protection rider that will provide for a payment not to 

exceed $100,000 if the member, while so insured, sustains a traumatic injury that results in a loss described in subsection (b)(1). The 

maximum amount payable for all injuries resulting from the same 

traumatic event shall be limited to $100,000. If a member suffers 

more than 1 such loss as a result of traumatic injury, payment will 

be made in accordance with the schedule in subsection (d) for the 

single loss providing the highest payment. 

‘‘(b)(1) A member who is issued a traumatic injury protection 

rider under subsection (a) is insured against such traumatic injuries, as prescribed by the Secretary, in collaboration with the Secretary of Defense, including, but not limited to— 

‘‘(A) total and permanent loss of sight; 

‘‘(B) loss of a hand or foot by severance at or above the 

wrist or ankle; 

‘‘(C) total and permanent loss of speech; 

28 

‘‘(D) total and permanent loss of hearing in both ears; 

‘‘(E) loss of thumb and index finger of the same hand by 

severance at or above the metacarpophalangeal joints; 

‘‘(F) quadriplegia, paraplegia, or hemiplegia; 

‘‘(G) burns greater than second degree, covering 30 percent 

of the body or 30 percent of the face; and 

‘‘(H) coma or the inability to carry out the activities of daily 

living resulting from traumatic injury to the brain. 

‘‘(2) For purposes of this subsection— 

‘‘(A) the term ‘quadriplegia’ means the complete and irreversible paralysis of all 4 limbs; 

‘‘(B) the term ‘paraplegia’ means the complete and irreversible paralysis of both lower limbs; and 

‘‘(C) the term ‘hemiplegia’ means the complete and irreversible paralysis of the upper and lower limbs on 1 side of the 

body. 

‘‘(3) The Secretary, in collaboration with the Secretary of Defense, shall prescribe, by regulation, the conditions under which coverage against loss will not be provided. 

‘‘(c) A payment under this section may be made only if— 

‘‘(1) the member is insured under Servicemembers’ Group 

Life Insurance when the traumatic injury is sustained; 

‘‘(2) the loss results directly from that traumatic injury and 

from no other cause; and 

‘‘(3) the member suffers the loss before the end of the period 

prescribed by the Secretary, in collaboration with the Secretary 

of Defense, which begins on the date on which the member sustains the traumatic injury, except, if the loss is quadriplegia, 

paraplegia, or hemiplegia, the member suffers the loss not later 

than 365 days after sustaining the traumatic injury. 

‘‘(d) Payments under this section for losses described in subsection (b)(1) shall be— 

‘‘(1) made in accordance with a schedule prescribed by the 

Secretary, in collaboration with the Secretary of Defense; 

‘‘(2) based on the severity of the covered condition; and 

‘‘(3) in an amount that is equal to not less than $25,000 

and not more than $100,000. 

‘‘(e)(1) During any period in which a member is insured under 

this section and the member is on active duty, there shall be deducted each month from the member’s basic or other pay until separation or release from active duty an amount determined by the Secretary of Veterans Affairs as the premium allocable to the pay period for providing traumatic injury protection under this section 

(which shall be the same for all such members) as the share of the 

cost attributable to provided coverage under this section, less any 

costs traceable to the extra hazards of such duty in the uniformed 

services. 

‘‘(2) During any month in which a member is assigned to the 

Ready Reserve of a uniformed service under conditions which meet 

the qualifications set forth in section 1965(5)(B) of this title and is 

insured under a policy of insurance purchased by the Secretary of 

Veterans Affairs under section 1966 of this title, there shall be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Secretary of 

Veterans Affairs (which shall be the same for all such members) as 

29 

the share of the cost attributable to provided coverage under this 

section, less any costs traceable to the extra hazards of such duty 

in the uniformed services. Any amounts so contributed on behalf of 

any member shall be collected by the Secretary of the concerned 

service from such member (by deduction from pay or otherwise) and 

shall be credited to the appropriation from which such contribution 

was made in advance on a monthly basis. 

‘‘(3) The Secretary of Veterans Affairs shall determine the premium amounts to be charged for traumatic injury protection coverage provided under this section. 

‘‘(4) The premium amounts shall be determined on the basis of 

sound actuarial principles and shall include an amount necessary 

to cover the administrative costs to the insurer or insurers providing 

such insurance. 

‘‘(5) Each premium rate for the first policy year shall be continued for subsequent policy years, except that the rate may be adjusted for any such subsequent policy year on the basis of the experience under the policy, as determined by the Secretary of Veterans 

Affairs in advance of that policy year. 

‘‘(6) The cost attributable to insuring such member under this 

section, less the premiums deducted from the pay of the member’s 

uniformed service, shall be paid by the Secretary of Defense to the 

Secretary of Veterans Affairs. This amount shall be paid on a 

monthly basis, and shall be due within 10 days of the notice provided by the Secretary of Veterans Affairs to the Secretary of the 

concerned uniformed service. 

‘‘(7) The Secretary of Defense shall provide the amount of appropriations required to pay expected claims in a policy year, as determined according to sound actuarial principles by the Secretary of 

Veterans Affairs. 

‘‘(8) The Secretary of Defense shall forward an amount to the 

Secretary of Veterans Affairs that is equivalent to half the anticipated cost of claims for the current fiscal year, upon the effective 

date of this legislation. 

‘‘(f) The Secretary of Defense shall certify whether any member 

claiming the benefit under this section is eligible. 

‘‘(g) Payment for a loss resulting from traumatic injury will not 

be made if the member dies before the end of the period prescribed 

by the Secretary, in collaboration with the Secretary of Defense, 

which begins on the date on which the member sustains the injury. 

If the member dies before payment to the member can be made, the 

payment will be made according to the member’s most current beneficiary designation under Servicemembers’ Group Life Insurance, or 

a by law designation, if applicable. 

‘‘(h) Coverage for loss resulting from traumatic injury provided 

under this section shall cease at midnight on the date of the member’s separation from the uniformed service. Payment will not be 

made for any loss resulting from injury incurred after the date a 

member is separated from the uniformed services. 

‘‘(i) Insurance coverage provided under this section is not convertible to Veterans’ Group Life Insurance.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 19 

of title 38, United States Code, is amended by adding after the item 

relating to section 1980 the following: 

‘‘1980A. Traumatic injury protection.’’. 

30 

(c) RETROACTIVE PROVISION.— (1) IN GENERAL.—Any member who experienced a traumatic 

injury (as described in section 1980A(b)(1) of title 38, United 

States Code) between October 7, 2001, and the effective date 

under subsection (d), is eligible for coverage provided in such 

section 1980A if the qualifying loss was a direct result of injuries incurred in Operation Enduring Freedom or Operation 

Iraqi Freedom. 

(2) CERTIFICATION; PAYMENT.—The Secretary of Defense 

shall— 

(A) certify to the Office of Servicemembers’ Group Life 

Insurance the names and addresses of those members the 

Secretary of Defense determines to be eligible for retroactive 

traumatic injury benefits under such section 1980A; and 

(B) forward to the Secretary of Veterans Affairs, at the 

time the certification is made under subparagraph (A), an 

amount of money equal to the amount the Secretary of Defense determines to be necessary to pay all cost related to 

claims for retroactive benefits under such section 1980A. 

(d) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section 

shall take effect on the first day of the first month beginning 

more than 180 days after the date of enactment of this Act. 

(2) RULEMAKING.—Before the effective date described in 

paragraph (1), the Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall issue regulations to 

carry out the amendments made by this section. 

AMOUNTS FROM PRIOR YEAR IRAQ FREEDOM FUND APPROPRIATION

(RESCISSION OF FUNDS)

SEC. 1033. Of the funds appropriated in title IX of Public Law 

108–287 for ‘‘Iraq Freedom Fund’’ (118 Stat. 1005) that remain 

available for obligation, $50,000,000 is hereby rescinded. 

TECHNICAL CORRECTION

SEC. 1034. Of the funds available in the Department of Defense 

Appropriations Act, 2005, (Public Law 108–287), under the heading 

‘‘Defense Health Program’’, $1,000,000 shall be available to the Paralyzed Veterans of America (PVA) Outdoor Sports Heritage Fund. 

DEFENSE TRANSFER AUTHORITY

SEC. 1035. In addition to amounts appropriated elsewhere in 

this Act, there is hereby appropriated $50,000,000 for ‘‘Research, Development, Test and Evaluation, Defense-Wide’’, to remain available 

until September 30, 2006: Provided, That these funds are available 

for transfer to any other appropriations accounts of the Department 

of Defense, for certain classified activities, and notwithstanding any 

other provision of law and of this Act, such funds may be obligated 

to carry out projects not otherwise authorized by law: Provided further, That any funds transferred shall be merged with and shall be 

available for the same purposes and for the same time period as the 

appropriation to which transferred: Provided further, That the 

transfer authority provided in this section is in addition to any 

other transfer authority available to the Department of Defense: ProVerDate Aug 04 2004 10:26 May 05, 2005 Jkt 020930 PO 00000 Frm 00030 Fmt 6659 Sfmt 6603 E:\HR\OC\HR072.XXX HR072
31 

vided further, That the amount provided in this section is designated an emergency requirement pursuant to section 402 of the 

conference report to accompany S. Con. Res. 95 (108th Congress). 

RE-USE AND REDEVELOPMENT OF CLOSED OR REALIGNED MILITARY

INSTALLATIONS

SEC. 1036. (a) In order to assist communities with preparations 

for the results of the 2005 round of defense base closure and realignment, and consistent with assistance provided to communities by 

the Department of Defense in previous rounds of base closure and 

realignment, the Secretary of Defense shall, not later than July 15, 

2005, submit to the congressional defense committees a report on the 

processes and policies of the Federal Government for disposal of 

property at military installations proposed to be closed or realigned 

as part of the 2005 round of base closure and realignment, and the 

assistance available to affected local communities for re-use and redevelopment decisions. 

(b) The report under subsection (a) shall include— 

(1) a description of the processes of the Federal Government 

for disposal of property at military installations proposed to be 

closed or realigned; 

(2) a description of Federal Government policies for providing re-use and redevelopment assistance; 

(3) a catalogue of community assistance programs that are 

provided by the Federal Government related to the re-use and 

redevelopment of closed or realigned military installations; 

(4) a description of the services, policies, and resources of 

the Department of Defense that are available to assist communities affected by the closing or realignment of military installations as a result of the 2005 round of base closure and realignment; 

(5) guidance to local communities on the establishment of 

local redevelopment authorities and the implementation of a 

base redevelopment plan; and 

(6) a description of the policies and responsibilities of the 

Department of Defense related to environmental clean-up and 

restoration of property disposed by the Federal Government. 

CAMP JOSEPH T. ROBINSON

SEC. 1037. The United States releases to the State of Arkansas 

the reversionary interest described in sections 2 and 3 of the Act entitled ‘‘An Act authorizing the transfer of part of Camp Joseph T. 

Robinson to the State of Arkansas’’, approved June 30, 1950 (64 

Stat. 311, chapter 429), in and to the surface estate of the land constituting Camp Joseph T. Robinson, Arkansas, which lies east of the 

Batesville Pike county road, in sections 24, 25, and 36, township 3 

north, range 12 west, Pulaski County, Arkansas. 

32 

TITLE II—INTERNATIONAL PROGRAMS AND ASSISTANCE 

FOR RECONSTRUCTION AND THE WAR ON TERROR 

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 

FOREIGN AGRICULTURAL SERVICE

PUBLIC LAW 480 TITLE II GRANTS

For additional expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years’ costs, including interest thereon, under the Agricultural Trade Development and Assistance Act of 1954, for commodities supplied in connection with 

dispositions abroad under title II of said Act, $240,000,000 to remain available until expended: Provided, That from this amount, to 

the maximum extent possible, funding shall be restored to the previously approved fiscal year 2005 programs under section 204(a)(2) 

of the Agricultural Trade Development and Assistance Act of 1954: 

Provided further, That the amount provided under this heading is 

designated as an emergency requirement pursuant to section 402 of 

the conference report to accompany S. Con. Res. 95 (108th Congress). 

CHAPTER 2 

DEPARTMENT OF STATE AND RELATED AGENCY 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

For an additional amount for ‘‘Diplomatic and Consular Programs’’, $734,000,000, to remain available until September 30, 

2006, of which $10,000,000 is provided for security requirements in 

the detection of explosives: Provided, That of the funds appropriated 

under this heading, not less than $250,000 shall be made available 

for programs to assist Iraqi and Afghan scholars who are in physical danger to travel to the United States to engage in research or 

other scholarly activities at American institutions of higher education: Provided further, That the amount provided under this 

heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For an additional amount for ‘‘Embassy Security, Construction, 

and Maintenance’’, $592,000,000, to remain available until expended: Provided, That the amount provided under this heading is 

designated as an emergency requirement pursuant to section 402 of 

the conference report to accompany S. Con. Res. 95 (108th Congress). 

33 

INTERNATIONAL ORGANIZATIONS 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Contributions for International 

Peacekeeping Activities’’, $680,000,000, to remain available until 

September 30, 2006: Provided, That of the funds appropriated 

under this heading, up to $50,000,000 may be transferred to ‘‘Peacekeeping Operations’’ for support of the efforts of the African Union 

to halt genocide and other atrocities in Darfur, Sudan: Provided 

further, That the amount provided under this heading is designated 

as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS 

INTERNATIONAL BROADCASTING OPERATIONS

For an additional amount for ‘‘International Broadcasting Operations’’ for activities related to broadcasting to the broader Middle 

East, $4,800,000, to remain available until September 30, 2006: 

Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of the 

conference report to accompany S. Con. Res. 95 (108th Congress). 

BROADCASTING CAPITAL IMPROVEMENTS

For an additional amount for ‘‘Broadcasting Capital Improvements’’, $2,500,000, to remain available until September 30, 2006: 

Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of the 

conference report to accompany S. Con. Res. 95 (108th Congress). 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT 

UNITED STATES AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

For an additional amount for ‘‘International Disaster and Famine Assistance’’, $90,000,000, to remain available until expended, for 

emergency expenses related to the humanitarian crisis in the Darfur 

region of Sudan and other African countries: Provided, That these 

funds may be used to reimburse fully accounts administered by the 

United States Agency for International Development for obligations 

incurred for the purposes provided under this heading prior to enactment of this Act from funds appropriated for foreign operations, 

export financing, and related programs: Provided further, That the 

amount provided under this heading is designated as an emergency 

requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

34 

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

For an additional amount for ‘‘Operating Expenses of the 

United States Agency for International Development’’, $24,400,000, 

to remain available until September 30, 2006: Provided, That the 

amount provided under this heading is designated as an emergency 

requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Operating Expenses of the 

United States Agency for International Development Office of Inspector General’’, $2,500,000, to remain available until September 

30, 2006: Provided, That the amount provided under this heading 

is designated as an emergency requirement pursuant to section 402 

of the conference report to accompany S. Con. Res. 95 (108th Congress). 

OTHER BILATERAL ECONOMIC ASSISTANCE 

ECONOMIC SUPPORT FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Economic Support Fund’’, 

$1,433,600,000, to remain available until September 30, 2006: Provided, That of the funds appropriated under this heading, 

$200,000,000 should be made available for programs, activities, and 

efforts to support Palestinians, of which $50,000,000 should be 

made available for assistance for Israel to help ease the movement 

of Palestinian people and goods in and out of Israel: Provided further, That of the funds appropriated under this heading, $5,000,000 

should be made available for assistance for displaced persons in Afghanistan: Provided further, That of the funds appropriated under 

this heading, $2,500,000 should be made available for assistance for 

families and communities of Afghan civilians who have suffered 

losses as a result of the military operations: Provided further, That 

of the funds appropriated under this heading, $20,000,000 should 

be made available for assistance for Haiti, of which $2,500,000 

should be made available for criminal case management, case tracking, and the reduction of pre-trial detention in Haiti, notwithstanding any other provision of law: Provided further, That of the 

funds appropriated under this heading, $5,000,000 should be made 

available for programs and activities to promote democracy, including political party development, in Lebanon: Provided further, That 

of the funds appropriated under this heading, up to $10,000,000 

may be transferred to the Overseas Private Investment Corporation 

for the cost of direct and guaranteed loans as authorized by section 

234 of the Foreign Assistance Act of 1961: Provided further, That 

such costs, shall be as defined in section 502 of the Congressional 

Budget Act of 1974: Provided further, That the amount provided 

under this heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. 

Res. 95 (108th Congress). 

35 

ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET

UNION

For an additional amount for ‘‘Assistance for the Independent 

States of the Former Soviet Union’’, $70,000,000, to remain available until September 30, 2006: Provided, That the amount provided 

under this heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. 

Res. 95 (108th Congress). 

DEPARTMENT OF STATE 

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For an additional amount for ‘‘International Narcotics Control 

and Law Enforcement’’, $620,000,000, 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 the conference report to accompany S. Con. Res. 95 

(108th Congress). 

MIGRATION AND REFUGEE ASSISTANCE

For an additional amount for ‘‘Migration and Refugee Assistance’’, $120,400,000, to remain available until September 30, 2006: 

Provided, That of the funds appropriated under this heading, not 

less than $67,000,000 shall be made available for assistance for refugees in Africa and to fulfill refugee protection goals set by the 

President for fiscal year 2005: Provided further, That the amount 

provided under this heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany 

S. Con. Res. 95 (108th Congress). 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For an additional amount for ‘‘Nonproliferation, Anti-Terrorism, Demining and Related Programs’’, $24,600,000, to remain 

available until September 30, 2006, of which not to exceed 

$7,500,000, to remain available until expended, may be made available for the Nonproliferation and Disarmament Fund, notwithstanding any other provision of law, to promote bilateral and multilateral activities relating to nonproliferation and disarmament: Provided, That the amount provided under this heading is designated 

as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

MILITARY ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT 

FOREIGN MILITARY FINANCING PROGRAM

For an additional amount for ‘‘Foreign Military Financing Program’’, $250,000,000: Provided, That the amount provided under 

this heading is designated as an emergency requirement pursuant 

to section 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

36 

PEACEKEEPING OPERATIONS

For an additional amount for ‘‘Peacekeeping Operations’’, $240,000,000, to remain available until September 30, 2006, of 

which up to $200,000,000 is for military and other security assistance to coalition partners in Iraq and Afghanistan: Provided, That 

up to $30,000,000 may be used only pursuant to a determination by 

the President, and after consultation with the Committees on Appropriations, that such use will support the global war on terrorism: 

Provided further, That these funds may be transferred by the Secretary of State to other Federal agencies or accounts to support the 

global war on terrorism: Provided further, That funds appropriated 

under this heading shall be subject to the regular notification procedures of the Committees on Appropriations, except that such notifications shall be submitted no less than five days prior to the obligation of funds: Provided further, That the amount provided under 

this heading is designated as an emergency requirement pursuant 

to section 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

GENERAL PROVISIONS, THIS CHAPTER 

VOLUNTARY CONTRIBUTION

SEC. 2101. Section 307(a) of the Foreign Assistance Act of 1961, 

as amended (22 U.S.C. 2227), is further amended by striking 

‘‘Iraq,’’. 

(RESCISSION OF FUNDS)

SEC. 2102. The unexpended balance appropriated by Public 

Law 108–11 under the heading ‘‘Economic Support Fund’’ and 

made available for Turkey is rescinded. 

AUDIT REQUIREMENT

SEC. 2103. Section 559 of division D of Public Law 108–447 is 

amended by adding at the end the following: 

‘‘(e) Subsequent to the certification specified in subsection (a), 

the Comptroller General of the United States shall conduct an audit 

and an investigation of the treatment, handling, and uses of all 

funds for the bilateral West Bank and Gaza Program in fiscal year 

2005 under the heading ‘Economic Support Fund’. The audit shall 

address— 

‘‘(1) the extent to which such Program complies with the requirements of subsections (b) and (c), and 

‘‘(2) an examination of all programs, projects, and activities 

carried out under such Program, including both obligations 

and expenditures.’’. 

REPORTING REQUIREMENT

SEC. 2104. The Secretary of State shall submit to the Committees on Appropriations not later than 30 days after enactment, and 

prior to the initial obligation of funds appropriated under this chapter, a report on the proposed uses of all funds on a project-by-project 

basis, for which the obligation of funds is anticipated: Provided, 

That up to 15 percent of funds appropriated under this chapter may 

be obligated before the submission of the report subject to the norVerDate Aug 04 2004 10:26 May 05, 2005 Jkt 020930 PO 00000 Frm 00036 Fmt 6659 Sfmt 6603 E:\HR\OC\HR072.XXX HR072
37 

mal notification procedures of the Committees on Appropriations: 

Provided further, That the report shall be updated and submitted 

to the Committees on Appropriations every six months and shall include information detailing how the estimates and assumptions contained in previous reports have changed: Provided further, That any 

new projects and increases in funding of ongoing projects shall be 

subject to the prior approval of the Committees on Appropriations: 

Provided further, That the Secretary of State shall submit to the 

Committees on Appropriations, not later than 210 days following 

enactment of this Act and annually thereafter, a report detailing on 

a project-by-project basis the expenditure of funds appropriated 

under this chapter until all funds have been fully expended. 

AUDIT REQUIREMENT

SEC. 2105. The Comptroller General of the United States shall 

conduct an audit of the use of all funds for the bilateral Afghanistan counternarcotics and alternative livelihood programs in fiscal 

year 2005 under the heading ‘‘Economic Support Fund’’ and ‘‘International Narcotics Control and Law Enforcement’’: Provided, That 

the audit shall include an examination of all programs, projects 

and activities carried out under such programs, including both obligations and expenditures. 

REPORTING REQUIREMENT

SEC. 2106. Not later than 60 days after the date of enactment 

of this Act, the President shall submit a report to the Congress detailing: (1) information regarding the Palestinian security services, 

including their numbers, accountability, and chains of command, 

and steps taken to purge from their ranks individuals with ties to 

terrorist entities; (2) specific steps taken by the Palestinian Authority to dismantle the terrorist infrastructure, confiscate unauthorized 

weapons, arrest and bring terrorists to justice, destroy unauthorized 

arms factories, thwart and preempt terrorist attacks, and cooperate 

with Israel’s security services; (3) specific actions taken by the Palestinian Authority to stop incitement in Palestinian Authority-controlled electronic and print media and in schools, mosques, and 

other institutions it controls, and to promote peace and coexistence 

with Israel; (4) specific steps the Palestinian Authority has taken to 

further democracy, the rule of law, and an independent judiciary, 

and transparent and accountable governance; (5) the Palestinian 

Authority’s cooperation with United States officials in investigations 

into the late Palestinian leader Yasser Arafat’s finances; and (6) the 

amount of assistance pledged and actually provided to the Palestinian Authority by other donors: Provided, That not later than 180 

days after enactment of this Act, the President shall submit to the 

Congress an update of this report: Provided further, That up to 

$5,000,000 of the funds made available for assistance for the West 

Bank and Gaza by this chapter under ‘‘Economic Support Fund’’ 

shall be used for an outside, independent evaluation by an internationally recognized accounting firm of the transparency and accountability of Palestinian Authority accounting procedures and an 

audit of expenditures by the Palestinian Authority. 

38 

REPROGRAMMING AUTHORITY

SEC. 2107. The amounts set forth in the eighth proviso in the 

Diplomatic and Consular Programs appropriation in the fiscal year 

2005 Departments of Commerce, Justice, State, the Judiciary, and 

Related Agencies Appropriations Act (Public Law 108–447, division 

B) may be subject to reprogramming pursuant to section 605 of that 

Act. 

MARLA RUZICKA IRAQI WAR VICTIMS FUND

SEC. 2108. Of the funds appropriated by chapter 2 of title II of 

Public Law 108–106 under the heading ‘‘Iraq Relief and Reconstruction Fund’’, not less than $20,000,000 should be made available for 

assistance for families and communities of Iraqi civilians who have 

suffered losses as a result of the military operations: Provided, That 

such assistance shall be designated as the ‘‘Marla Ruzicka Iraqi 

War Victims Fund’’. 

CANDIDATE COUNTRIES

SEC. 2109. Section 616(b)(1) of the Millennium Challenge Act 

of 2003 (Public Law 108–199) is amended— 

(1) by striking ‘‘subparagraphs (A) and (B) of section 

606(a)(1)’’; and 

(2) inserting in lieu thereof ‘‘subsection (a) or (b) of section 

606’’. 

HUMANITARIAN ASSISTANCE CODE OF CONDUCT

SEC. 2110. (a) None of the funds made available for foreign operations, export financing, and related programs under the headings 

‘‘Migration and Refugee Assistance’’, ‘‘United States Emergency Refugee and Migration Assistance Fund’’, ‘‘International Disaster and 

Famine Assistance’’, or ‘‘Transition Initiatives’’ may be obligated to 

an organization that fails to adopt a code of conduct that provides 

for the protection of beneficiaries of assistance under any such heading from sexual exploitation and abuse in humanitarian relief operations. 

(b) The code of conduct referred to in subsection (a) shall, to the 

maximum extent practicable, be consistent with the six core principles of the United Nations Inter-Agency Standing Committee Task 

Force on Protection From Sexual Exploitation and Abuse in Humanitarian Crises. 

(c) Not later than 180 days after the date of the enactment of 

this Act, and not later than one year after the date of the enactment 

of this Act, the President shall transmit to the appropriate congressional committees a report on the implementation of this section. 

(d) This section shall take effect 60 days after the date of the 

enactment of this Act and shall apply to funds obligated after such 

date for fiscal year 2005 and any subsequent fiscal year. 

JOINT EXPLANATORY STATEMENT

SEC. 2111. (a) Funds provided in this Act for the following accounts shall be made available for programs and countries in the 

amounts contained in the joint explanatory statement of managers 

accompanying this Act: 

‘‘Economic Support Fund’’; and, 

39 

‘‘Assistance for the Independent States of the Former Soviet 

Union’’. 

(b) Any proposed increases or decreases to the amounts contained in such tables in the joint explanatory statement of managers 

shall be subject to the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961. 

TITLE III—DOMESTIC APPROPRIATIONS FOR THE WAR ON 

TERROR 

CHAPTER 1 

DEPARTMENT OF ENERGY 

NATIONAL NUCLEAR SECURITY ADMINISTRATION

DEFENSE NUCLEAR NONPROLIFERATION

For an additional amount for ‘‘Defense Nuclear Nonproliferation’’, $84,000,000, to remain available until expended: Provided, 

That the amount provided under this heading is designated as an 

emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

CHAPTER 2 

DEPARTMENT OF HOMELAND SECURITY 

CUSTOMS AND BORDER PROTECTION 

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$124,425,000, to remain available until September 30, 2006, for hiring, training, supporting, and equipping 500 border patrol agents 

above the level funded in Public Law 108–334: Provided, That the 

Secretary of Homeland Security shall provide the Committees on 

Appropriations of the Senate and the House of Representatives no 

later than June 15, 2005, with a plan for the expeditious implementation and execution of these funds: Provided further, That of the 

amount provided under this heading, $49,075,000 is designated as 

an emergency requirement pursuant to section 402 of the conference 

report to accompany S. Con. Res. 95 (108th Congress). 

CONSTRUCTION

For an additional amount for ‘‘Construction’’, $51,875,000, to 

remain available until September 30, 2006: Provided, That the Secretary of Homeland Security shall provide the Committees on Appropriations of the Senate and the House of Representatives no later 

than June 15, 2005, with a plan for the expeditious implementation 

and execution of these funds: Provided further, That the amount 

provided under this heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany 

S. Con. Res. 95 (108th Congress). 

40 

IMMIGRATION AND CUSTOMS ENFORCEMENT 

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$454,250,000, of which not less than $11,000,000 shall be available 

for the costs of increasing by no less than seventy-nine the level of 

full-time equivalents on board on the date of enactment of this Act: 

Provided, That of the total amount provided, $178,250,000 is available until September 30, 2006, of which $93,050,000 is for new investigators, enforcement agents, detention officers, and detention 

bedspace: Provided further, That the Secretary of Homeland Security shall provide the Committees on Appropriations of the Senate 

and the House of Representatives no later than June 15, 2005, with 

a plan for the expeditious implementation and execution of these 

funds: Provided further, That of the amount provided under this 

heading, $349,050,000 is designated as an emergency requirement 

pursuant to section 402 of the conference report to accompany S. 

Con. Res. 95 (108th Congress). 

UNITED STATES COAST GUARD 

OPERATING EXPENSES

For an additional amount for ‘‘Operating Expenses’’, 

$111,950,000: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 

402 of the conference report to accompany S. Con. Res. 95 (108th 

Congress). 

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For an additional amount for ‘‘Acquisition, Construction, and 

Improvements’’, $49,200,000, to remain available until September 

30, 2007: Provided, That the amount provided under this heading 

is designated as an emergency requirement pursuant to section 402 

of the conference report to accompany S. Con. Res. 95 (108th Congress). 

FEDERAL LAW ENFORCEMENT TRAINING CENTER 

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$2,568,000, to remain available until September 30, 2006. 

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

For an additional amount for ‘‘Acquisition, Construction, Improvements, and Related Expenses’’, $1,882,000, to remain available 

until September 30, 2006. 

41 

CHAPTER 3 

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

DETENTION TRUSTEE

For an additional amount for ‘‘Detention Trustee’’, 

$184,000,000, for necessary expenses of the Federal Detention Trustee: Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of the 

conference report to accompany S. Con. Res. 95 (108th Congress). 

LEGAL ACTIVITIES

ASSET FORFEITURE FUND

(RESCISSION)

Of the unobligated balances available under this heading, 

$40,000,000 are rescinded. 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$11,935,000, for increased judicial security outside of courthouse facilities, including home intrusion detection systems for Federal 

judges, to remain available until September 30, 2006: Provided, 

That the amount provided under this heading is designated as an 

emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$73,991,000, to remain available until September 30, 2006: Provided, That of the amount appropriated, $1,250,000 shall be transferred to and merged with the appropriation for ‘‘Department of 

Justice, General Administration, Office of Inspector General’’: Provided further, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of the 

conference report to accompany S. Con. Res. 95 (108th Congress). 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$7,648,000, to remain available until September 30, 2006: Provided, 

That the amount provided under this heading is designated as an 

emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

42 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$4,000,000, to remain available until September 30, 2006: Provided, 

That the amount provided under this heading is designated as an 

emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

CHAPTER 4 

LEGISLATIVE BRANCH 

HOUSE OF REPRESENTATIVES 

PAYMENT TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF

CONGRESS

For payment to Doris K. Matsui, widow of Robert T. Matsui, 

late a Representative from the State of California, $162,100. 

SALARIES AND EXPENSES

For an additional amount for salaries and expenses of the 

House of Representatives, $39,000,000, to remain available until expended: Provided, That the amount provided under this heading is 

designated as an emergency requirement pursuant to section 402 of 

the conference report to accompany S. Con. Res. 95 (108th Congress). 

ADMINISTRATIVE PROVISIONS

HOUSE SERVICES REVOLVING FUND

SEC. 3401 (a) Section 103(b) of the Legislative Branch Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 3175) is amended to read as follows: 

‘‘(b) USE OF FEES.—Any amounts paid as fees for the use of the 

exercise facility described in subsection (a) shall be deposited into 

the House Services Revolving Fund established under section 105.’’. 

(b) Section 105(a) of such Act (2 U.S.C. 117m(a)) is amended 

by adding at the end the following new paragraph: 

‘‘(5) The payment of fees for the use of the exercise facility 

described in section 103(a).’’. 

(c) The amendments made by this section shall take effect as if 

included in the enactment of the Legislative Branch Appropriations 

Act, 2005. 

TECHNICAL CORRECTIONS

SEC. 3402 (a) The last proviso under the heading ‘‘LIBRARY 

OF CONGRESS—Salaries and Expenses’’ in chapter 9 of division 

A of the Miscellaneous Appropriations Act, 2001, as enacted into 

law by section 1(a)(4) of the Consolidated Appropriations Act, 2001 

(2 U.S.C. 132b note), is amended by striking ‘‘chair of the Subcommittee on the Legislative Branch of the Committee on Appropriations of the House of Representatives’’ and inserting ‘‘chair of 

43 

the Committee on Appropriations of the House of Representatives (or 

another member of such Committee designated by the chair)’’. 

(b) Section 313(a)(2)(E) of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151(a)(2)(E)), as added by section 1502 

of the Legislative Branch Appropriations Act, 2005 (Public Law 

108–447), is amended by striking ‘‘chair of the Subcommittee on 

Legislative Branch of the Committee on Appropriations of the House 

of Representatives’’ and inserting ‘‘chair of the Committee on Appropriations of the House of Representatives (or another member of 

such Committee designated by the chair)’’. 

CAPITOL POLICE 

GENERAL EXPENSES

For an additional amount for necessary expenses of the Capitol 

Police, $11,000,000, to remain available until expended: Provided, 

That the amount provided under this heading is designated as an 

emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

ARCHITECT OF THE CAPITOL 

CAPITOL GROUNDS

For an additional amount for ‘‘Capitol Grounds’’, $8,200,000, to 

remain available until September 30, 2006: Provided, That the 

amount provided under this heading is designated as an emergency 

requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

CAPITOL POLICE BUILDINGS AND GROUNDS

For an additional amount for ‘‘Capitol Police Buildings and 

Grounds’’, $4,100,000, to remain available until September 30, 

2006: Provided, That the amount provided under this heading is 

designated as an emergency requirement pursuant to section 402 of 

the conference report to accompany S. Con. Res. 95 (108th Congress). 

TITLE IV—INDIAN OCEAN TSUNAMI RELIEF 

CHAPTER 1 

FUNDS APPROPRIATED TO THE PRESIDENT 

OTHER BILATERAL ASSISTANCE 

TSUNAMI RECOVERY AND RECONSTRUCTION FUND

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the Foreign Assistance Act 

of 1961, for emergency relief, rehabilitation, and reconstruction aid 

to countries affected by the tsunami and earthquakes of December 

2004 and March 2005, and the Avian influenza virus, $656,000,000, 

to remain available until September 30, 2006: Provided, That these 

funds may be transferred by the Secretary of State to Federal agencies or accounts for any activity authorized under part I (including 

44 

chapter 4 of part II) of the Foreign Assistance Act, or under the Agricultural Trade Development and Assistance Act of 1954, to accomplish the purposes provided herein: Provided further, That upon a 

determination that all or part of the funds so transferred from this 

appropriation are not necessary for the purposes provided herein, 

such amounts may be transferred back to this appropriation: Provided further, That funds appropriated under this heading may be 

used to reimburse fully accounts administered by the United States 

Agency for International Development for obligations incurred for 

the purposes provided under this heading prior to enactment of this 

Act, including Public Law 480 Title II grants: Provided further, 

That of the amounts provided herein: up to $10,000,000 may be 

transferred to and consolidated with ‘‘Development Credit Authority’’ for the cost of direct loans and loan guarantees as authorized 

by sections 256 and 635 of the Foreign Assistance Act of 1961 in 

furtherance of the purposes of this heading; up to $17,500,000 may 

be transferred to and consolidated with ‘‘Operating Expenses of the 

United States Agency for International Development’’, of which up 

to $2,000,000 may be used for administrative expenses to carry out 

credit programs administered by the United States Agency for International Development in furtherance of the purposes of this heading; up to $1,000,000 may be transferred to and consolidated with 

‘‘Operating Expenses of the United States Agency for International 

Development Office of Inspector General’’; and up to $5,000,000 may 

be transferred to and consolidated with ‘‘Emergencies in the Diplomatic and Consular Service’’ for the purpose of providing support 

services for United States citizen victims and related operations: 

Provided further, That of the funds appropriated under this heading, $5,000,000 should be made available for environmental recovery activities in tsunami affected countries: Provided further, That 

of the funds appropriated under this heading, $10,000,000 should 

be made available for programs and activities which create new economic opportunities for women: Provided further, That of the funds 

appropriated under this heading, $1,500,000 should be made available for programs to address the needs of people with physical and 

mental disabilities resulting from the tsunami: Provided further, 

That of the funds appropriated under this heading, not less than 

$12,500,000 should be made available to support initiatives that 

focus on the immediate and long-term needs of children for protection and permanency, including the registration of unaccompanied 

children, the reunification of children with their immediate or extended families, the protection of women and children from violence 

and exploitation, and activities designed to prevent the capture of 

children by armed forces and promote the integration of war affected youth: Provided further, That of the funds appropriated 

under this heading, $20,000,000 should be made available for 

microenterprise development programs in countries affected by the 

tsunami, of which $5,000,000 should be made available for microcredit programs, to be administered by the United States Agency for 

International Development: Provided further, That of the funds appropriated under this heading, $1,500,000 should be made available for trafficking in persons monitoring and prevention programs 

and activities in tsunami affected countries: Provided further, That 

the President is hereby authorized to defer and reschedule for such 

period as he may deem appropriate any amounts owed to the United 

45 

States or any agency of the United States by those countries significantly affected by the tsunami and earthquakes of December 2004 

and March 2005, including the Republic of Indonesia, the Republic 

of Maldives and the Democratic Socialist Republic of Sri Lanka: 

Provided further, That funds appropriated under this heading may 

be made available for the modification costs, as defined in section 

502 of the Congressional Budget Act of 1974, if any, associated with 

any deferral and rescheduling authorized under this heading: Provided further, That such amounts shall not be considered ‘‘assistance’’ for the purposes of provisions of law limiting assistance to any 

such affected country: Provided further, That any agreement to defer 

and reschedule such debt will include a commitment by the recipient government that resources freed by the debt deferral will benefit 

directly the people affected by the tsunami: Provided further, That 

the Secretary of State shall arrange for an outside, independent 

evaluation of each government’s compliance with the commitment: 

Provided further, That the amount provided under this heading is 

designated as an emergency requirement pursuant to section 402 of 

the conference report to accompany S. Con. Res. 95 (108th Congress). 

GENERAL PROVISIONS, THIS CHAPTER 

ANNUAL LIMITATION

SEC. 4101. Amounts made available pursuant to section 492(b) 

of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 

2292a), to address relief and rehabilitation needs for countries affected by the Indian Ocean tsunami and earthquakes of December 

2004 and March 2005, prior to the enactment of this Act, shall be 

in addition to the amount that may be obligated in fiscal year 2005 

under that section. 

REPORTING REQUIREMENT

SEC. 4102. The Secretary of State shall submit to the Committees on Appropriations not later than 30 days after enactment, and 

prior to the initial obligation of funds appropriated under this chapter not used to reimburse accounts for obligations made prior to enactment, a report on the proposed uses of all funds on a project-byproject basis, for which such initial obligation of funds is anticipated: Provided, That up to 15 percent of funds appropriated under 

this chapter may be obligated before the submission of the report 

subject to the regular notification procedures of the Committees on 

Appropriations: Provided further, That the report shall be updated 

and submitted to the Committees on Appropriations every six 

months and shall include information detailing how the estimates 

and assumptions contained in previous reports have changed: Provided further, That any proposed new projects and increases in 

funding of ongoing projects shall be reported to the Committees on 

Appropriations in accordance with regular notification procedures: 

Provided further, That the Secretary of State shall submit to the 

Committees on Appropriations, not later than 210 days following 

enactment of this Act, and every six months thereafter, a report detailing on a project-by project basis, the expenditure of funds appropriated under this chapter until all funds have been fully expended. 

46 

AUTHORIZATION OF FUNDS

SEC. 4103. Funds appropriated by this Act may be obligated 

and expended notwithstanding section 15 of the State Department 

Basic Authorities Act of 1956, section 313 of the Foreign Relations 

Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103– 

236), section 10 of Public Law 91–672 (22 U.S.C. 2412), and section 

504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)). 

AVIAN INFLUENZA VIRUS

SEC. 4104. Of the funds appropriated under this chapter, 

$25,000,000 shall be made available for a coordinated program to 

prevent and control the spread of the Avian influenza virus: Provided, That not less than $15,000,000 of such funds should be 

transferred to the Centers for Disease Control and Prevention: Provided further, That prior to the obligation of such funds, the Centers 

for Disease Control and Prevention shall consult with the United 

States Agency for International Development on the proposed use of 

such funds: Provided further, That funds made available by this 

section and transferred to the Centers for Disease Control and Prevention shall be for necessary expenses to carry out Titles III and 

XXIII of the Public Health Service Act. 

CHAPTER 2 

DEPARTMENT OF DEFENSE—MILITARY 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance, 

Navy’’, $124,100,000: Provided, That the amount provided under 

this heading is designated as an emergency requirement pursuant 

to section 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps’’, $2,800,000: Provided, That the amount provided 

under this heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. 

Res. 95 (108th Congress). 

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance, Air 

Force’’, $30,000,000: Provided, That the amount provided under this 

heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’, $29,150,000: Provided, That the amount provided 

under this heading is designated as an emergency requirement purVerDate Aug 04 2004 10:26 May 05, 2005 Jkt 020930 PO 00000 Frm 00046 Fmt 6659 Sfmt 6603 E:\HR\OC\HR072.XXX HR072
47 

suant to section 402 of the conference report to accompany S. Con. 

Res. 95 (108th Congress). 

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

For an additional amount for ‘‘Overseas Humanitarian, Disaster, and Civic Aid’’, $36,000,000, to remain available until September 30, 2006: Provided, That the amount provided under this 

heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’, 

$3,600,000 for Operation and maintenance: Provided, That the 

amount provided under this heading is designated as an emergency 

requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

CHAPTER 3 

DEPARTMENT OF HOMELAND SECURITY 

UNITED STATES COAST GUARD 

OPERATING EXPENSES

For an additional amount for ‘‘Operating Expenses’’, $350,000: 

Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of the 

conference report to accompany S. Con. Res. 95 (108th Congress). 

CHAPTER 4 

DEPARTMENT OF THE INTERIOR 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For an additional amount for ‘‘Surveys, Investigations, and Research’’, $8,100,000, to remain available until September 30, 2006: 

Provided, That the amount provided under this heading is designated as an emergency requirement pursuant to section 402 of the 

conference report to accompany S. Con. Res. 95 (108th Congress). 

CHAPTER 5 

DEPARTMENT OF COMMERCE 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

For an additional amount for ‘‘Operations, Research, and Facilities’’, $7,070,000, to remain available until September 30, 2006, 

for United States tsunami warning capabilities and operations: ProVerDate Aug 04 2004 10:26 May 05, 2005 Jkt 020930 PO 00000 Frm 00047 Fmt 6659 Sfmt 6603 E:\HR\OC\HR072.XXX HR072
48 

vided, That the amount provided under this heading is designated 

as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

PROCUREMENT, ACQUISITION AND CONSTRUCTION

For an additional amount for ‘‘Procurement, Acquisition and 

Construction’’, $10,170,000, to remain available until September 30, 

2007, for United States tsunami warning capabilities: Provided, 

That the amount provided under this heading is designated as an 

emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

TITLE V—OTHER EMERGENCY APPROPRIATIONS 

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 

NATURAL RESOURCES CONSERVATION SERVICE

EMERGENCY WATERSHED PROTECTION PROGRAM

For an additional amount for the emergency watershed protection program established under section 403 of the Agricultural 

Credit Act of 1978 (16 U.S.C. 2203) to repair damages to waterways 

and watersheds resulting from natural disasters, $104,500,000, to 

remain available until expended: Provided, That the above amount 

includes funding for eligible work identified in the Emergency Watershed Program Recovery Projects Unfunded list as of April 25, 

2005: Provided further, That notwithstanding any other provision of 

law, the Secretary of Agriculture shall count local financial and 

technical resources, including in-kind materials and services, contributed toward recovery from the flooding events of January 2005 

in Washington County, Utah, toward local matching requirements 

for the emergency watershed protection program assistance provided 

to Washington County, Utah: Provided further, That the amount 

provided under this heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany 

S. Con. Res. 95 (108th Congress). 

GENERAL PROVISIONS, THIS CHAPTER 

RURAL HOUSING SERVICE

SEC. 5101. Hereafter, notwithstanding any other provision of 

law, the Secretary of Agriculture may transfer any unobligated 

amounts made available under the heading ‘‘Rural Housing Service’’, ‘‘Rural Housing Insurance Fund Program Account’’ in chapter 

1 of title II of Public Law 106–246 (114 Stat. 540) to the Rural 

Housing Service ‘‘Rental Assistance Program’’ account for projects in 

North Carolina: Provided, That the amounts made available by the 

transfer of funds in or pursuant to this section are designated as an 

emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). 

49 

RURAL HOUSING ASSISTANCE GRANTS

SEC. 5102. Notwithstanding any other provision of law, the Secretary of Agriculture shall consider the Village of New Miami, Ohio, 

a rural area for purposes of eligibility for grants funded through the 

Rural Housing Assistance Grants account. 

WATERSHED PROJECTS IN WEST VIRGINIA

SEC. 5103. Of the amount provided to the Secretary of Agriculture under the Consolidated Appropriations Act, 2005 (Public 

Law 108–447) for the Lost River Watershed project, West Virginia, 

$4,000,000 may be transferred to the Upper Tygart Watershed 

project, West Virginia, to be used under the same terms and conditions under which funds for that project were appropriated in section 735 of the Consolidated Appropriations Act, 2004 (Public Law 

108–199; 118 Stat. 36). 

FARM SERVICE AGENCY

SEC. 5104. The funds made available in section 786 of title VII 

of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2005 as contained in 

division A of the Consolidated Appropriations Act, 2005 (Public 

Law 108–447) may be applied to accounts of Alaska dairy farmers 

owed to the Secretary of Agriculture. 

CHAPTER 2 

DEPARTMENT OF THE INTERIOR 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For an additional amount for ‘‘Departmental Management’’, 

$3,000,000 to support deployment of business systems to the bureaus 

and offices of the Department of the Interior, including the Financial and Business Management System: Provided, That the amount 

provided under this heading is designated as an emergency requirement pursuant to section 402 of the conference report to accompany 

S. Con. Res. 95 (108th Congress). 

RELATED AGENCY 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

CAPITAL IMPROVEMENT AND MAINTENANCE

For an additional amount for ‘‘Capital Improvement and Maintenance’’, $24,390,000, to remain available until expended, to repair 

damages to national forest facilities and lands caused by severe 

storms in southern California: Provided, That such funds shall be 

available to perform repair activities including, but not limited to, 

restoration of roads, trails and facilities; removal of landslides; 

drainage protection; waste removal; and stream stabilization: Provided further, That the amount provided under this heading is desVerDate Aug 04 2004 10:26 May 05, 2005 Jkt 020930 PO 00000 Frm 00049 Fmt 6659 Sfmt 6603 E:\HR\OC\HR072.XXX HR072
50 

ignated as an emergency requirement pursuant to section 402 of the 

conference report to accompany S. Con. Res. 95 (108th Congress). 

CHAPTER 3 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

OFFICE OF THE SECRETARY

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING RESCISSIONS OF FUNDS)

For an additional amount for the ‘‘Public Health and Social 

Services Emergency Fund’’ in title II of Public Law 108–447, 

$10,000,000, to remain available until expended, for an infrastructure grant to improve the supply of domestically produced vaccine: 

Provided, That the entire amount is designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress): Provided further, That 

under the heading ‘‘Health Resources and Services Administration, 

Health Resources and Services’’, the unobligated balance for the 

Health Professions Teaching Facilities Program authorized in sections 726 and 805 of the Public Health Service Act; the unobligated 

balance of the Health Teaching Construction Interest Subsidy Program authorized in section 726 and title XVI of the Public Health 

Service Act; and the unobligated balance of the AIDS Facilities Renovation and Support Program authorized in title XVI of the Public 

Health Service Act are all hereby rescinded: Provided further, That 

under the heading ‘‘Office of the Secretary, Office of the Inspector 

General’’, the unobligated balance of the Medicaid Fraud Control 

Program authorized in section 1903 of the Social Security Act and 

appropriated to the Office of the Inspector General in the Department of Health and Human Services is hereby rescinded: Provided 

further, That under the heading ‘‘Assistant Secretary for Health Scientific Activities Overseas (Special Foreign Currency Program)’’ the 

unobligated balance of the Scientific Activities Overseas (Special 

Foreign Currency Program) account within the Department of 

Health and Human Services is hereby rescinded. 

For an additional amount for the ‘‘Public Health and Social 

Services Emergency Fund’’ in title II of Public Law 108–447, 

$58,000,000, to remain available until expended, to be transferred 

to the Centers for Disease Control and Prevention for the purchase 

of influenza countermeasures for the Strategic National Stockpile: 

Provided, That $58,000,000 appropriated by section 1897(g) of the 

Social Security Act, as added by section 1016 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173) is rescinded. 

51 

CHAPTER 4 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 

HOUSING PROGRAMS

HOUSING FOR PERSONS WITH DISABILITIES

(INCLUDING RESCISSION OF FUNDS)

Of the amount made available under this heading in Public Law 108–447, $238,080,000 are rescinded. 

For an additional amount for ‘‘Housing for Persons with Dis- abilities’’, $238,080,000, to remain available until September 30, 

2006: Provided, That these funds shall be available under the same 

terms and conditions as authorized for funds under this heading in 

Public Law 108–447. 

OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for the ‘‘Office of Federal Housing 

Enterprise Oversight’’ for carrying out the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, $5,000,000 to 

remain available until expended, to be derived from the Federal 

Housing Enterprises Oversight Fund but not any funds collected 

under section 1316(c) of the Federal Housing Enterprises Financial 

Safety and Soundness Act of 1992 (12 U.S.C. 4516(c)): Provided, 

That notwithstanding section 1316(d) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, any funds collected under section 1316(c) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 shall not be credited for 

fiscal year 2006 as surplus under section 1316(d) of such Act or as 

part of any assessment to be collected for fiscal year 2006 under section 1316(a) of such Act: 

Provided further, That not to exceed the amount provided herein shall be available from the general fund of the Treasury to the 

extent necessary to incur obligations and make expenditures pending the receipt of collections to the Fund: Provided further, That the 

general fund amount shall be reduced as collections are received 

during the fiscal year so as to result in a final appropriation from 

the general fund estimated at not more than $0. 

TITLE VI—GENERAL PROVISIONS AND TECHNICAL 

CORRECTIONS 

AVAILABILITY OF FUNDS

SEC. 6001. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

REFERENCES TO EMERGENCY REQUIREMENTS

SEC. 6002. Any reference in this Act to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress) shall 

be treated as a reference to the emergency legislation section of H. 

52 

Con. Res. 95 (109th Congress), if H. Con. Res. 95 (109th Congress) 

is adopted prior to the enactment of this Act. 

RURAL BUSINESS-COOPERATIVE SERVICE

SEC. 6003. None of the funds made available by this or any 

other Act may be used to deny the provision of assistance under section 310B(a)(1) of the Consolidated Farm and Rural Development 

Act (7 U.S.C. 1932(a)(1)) solely due to the failure of the Secretary 

of Labor to respond to a request to certify assistance within the time 

period specified in section 310B(d)(4) of that Act. 

MC CLELLAN KERR NAVIGATION SYSTEM ADVANCED OPERATIONS AND

MAINTENANCE

SEC. 6004. The last proviso under the heading ‘‘Operation and 

Maintenance’’ in title I of division C of Public Law 108–447 is 

amended by striking ‘‘Public Law 108–357’’ and inserting ‘‘Public 

Law 108–137’’. 

ENVIRONMENTAL INFRASTRUCTURE

SEC. 6005. Section 101 of title I of division C of Public Law 

108–447 is amended by striking ‘‘per project’’ and all that follows 

through the period at the end and inserting ‘‘for all applicable programs and projects not to exceed $80,000,000 in each fiscal year.’’. 

DE SOTO COUNTY, MISSISSIPPI

SEC. 6006. Section 219(f)(30) of the Water Resources Development Act of 1992 (106 Stat. 4835; 106 Stat. 3757; 113 Stat. 334) is 

amended by striking ‘‘$20,000,000’’ and inserting ‘‘$55,000,000’’ in 

lieu thereof, and by striking ‘‘treatment’’ and inserting ‘‘infrastructure’’ in lieu thereof: Provided, That the Secretary is authorized and 

directed to reimburse the non-Federal local sponsor of the project 

described in section 219(f)(30) of the Water Resources Development 

Act of 1992 (106 Stat. 4835; 106 Stat. 3757; 113 Stat. 334) for costs 

incurred between May 13, 2002, and September 30, 2005, in excess 

of the required non-Federal share if the Secretary determines that 

such costs were incurred for work that is compatible with and integral to the project: Provided further, That the non-Federal local 

sponsor, at its option, may choose to accept, in lieu of reimbursement, a credit against the non-Federal share of project cost incurred 

after May 13, 2002. 

FORT PECK FISH HATCHERY, MONTANA

SEC. 6007. Section 325(f)(1)(A) of Public Law 106–541 is modified by striking ‘‘$20,000,000’’ and inserting in lieu thereof 

‘‘$25,000,000’’. 

INTERCOASTAL WATERWAY, DELAWARE RIVER TO CHESAPEAKE BAY, 

SR–1 BRIDGE, DELAWARE

SEC. 6008. The first proviso under the heading ‘‘Operation and 

Maintenance’’ in title I of division C of Public Law 108–447 is 

amended by striking ‘‘October 1, 2003, and September 30, 2004’’ 

and inserting ‘‘October 1, 2004, and September 30, 2005’’. 

53 

OFFSHORE OIL AND GAS FABRICATION PORTS

SEC. 6009. In determining the economic justification for navigation projects involving offshore oil and gas fabrication ports, the 

Secretary of the Army, acting through the Chief of Engineers, is directed to measure and include in the National Economic Development calculation the value of future energy exploration and production fabrication contracts and transportation cost savings that 

would result from larger navigation channels. 

ENVIRONMENTAL INFRASTRUCTURE

SEC. 6010. In division C, title I of the Consolidated Appropriations Act, 2005 (Public Law 108–447), the item relating to Corps of 

Engineers—Civil, Construction, General, is amended by inserting 

before the period at the end the following: ‘‘: Provided further, That 

of the funds made available herein for Ohio Environmental Infrastructure, $500,000 shall be used for the Liberty Little Squaw Creek 

sewer upgrade and $1,000,000 shall be used for the Lake County, 

Concord Township sanitary sewer line improvement: Provided further, That of the funds made available herein, $350,000 shall be 

used to complete design for the St. Croix Falls, Wisconsin, wastewater infrastructure project’’. 

INDIANA HARBOR, INDIANA

SEC. 6011. The Secretary of the Army, acting through the Chief 

of Engineers, is directed to complete, at full Federal expense, the Indiana Harbor and Canal, Confined Disposal Facility, Indiana, currently under construction. 

SEMINOLE TRIBE, BIG CYPRESS PROJECT

SEC. 6012. Section 528(b)(3) of the Water Resources Development Act of 1996 (110 Stat. 3769; 113 Stat. 286) is amended by 

adding the following: 

‘‘(5) The Seminole Tribe of Florida shall receive a mitigation credit for 50 percent of the net wetland benefits derived 

within the footprint of the Big Cypress Seminole Reservation 

Water Conservation Plan Project. Such credit may be used to 

meet the mitigation requirements of section 404 of the Clean 

Water Act as they may apply to future projects proposed by the 

Seminole Tribe of Florida.’’. 

SAN GABRIEL BASIN RESTORATION

SEC. 6013. (a) The matter under the heading ‘‘Water and Related Resources’’ in title II of division C of Public Law 108–447 is 

amended by inserting before the period at the end the following: ‘‘: 

Provided further, That $4,023,000 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 division B of the 

Miscellaneous Appropriations Act, 2001 (as enacted into law by 

Public Law 106–554)’’. 

(b) Section 110(a)(3)(A)(ii) of the Miscellaneous Appropriations 

Act, 2001 (as enacted into law by section 1(a)(4) of Public Law 106– 

554) as amended is further amended by inserting the words ‘‘and 

maintain’’ after the word ‘‘operate’’. 

54 

SILVERY MINNOW OFF-CHANNEL SANCTUARIES

SEC. 6014. The Secretary of the Interior is authorized to perform such analyses and studies as needed to determine the viability 

of establishing an off-channel sanctuary for the Rio Grande Silvery 

Minnow in the Middle Rio Grande Valley. In conducting these studies, the Secretary shall take into consideration: 

(1) providing off-channel, naturalistic habitat conditions 

for propagation, recruitment, and maintenance of Rio Grande 

silvery minnows; and 

(2) minimizing the need for acquiring water or water rights 

to operate the sanctuary. 

If the Secretary determines the project to be viable, the Secretary is further authorized to design and construct the sanctuary 

and to thereafter operate and maintain the sanctuary. The Secretary 

may enter into grant agreements, cooperative agreements, financial 

assistance agreements, interagency agreements, and contracts with 

Federal and non-Federal entities to carry out the purposes of this 

Act. 

DESALINATION ACT EXTENSION

SEC. 6015. Section 8 of Public Law 104–298 (The Water Desalination Act of 1996) (110 Stat. 3624) as amended by section 210 of 

Public Law 108–7 (117 Stat. 146) is amended by— 

(1) in paragraph (a) by striking ‘‘2004’’ and inserting in 

lieu thereof ‘‘2005’’; and 

(2) in paragraph (b) by striking ‘‘2004’’ and inserting in 

lieu thereof ‘‘2005’’. 

ENERGY SUPPLY

SEC. 6016. In division C, title III of the Consolidated Appropriations Act, 2005 (Public Law 108–447), the item relating to ‘‘Department of Energy, Energy Programs, Energy Supply’’ is amended 

by inserting before the period at the end the following: ‘‘: Provided, 

That $2,000,000 is made available for the National Center for Manufacturing Sciences in Michigan: Provided further, That $825,000 is 

made available for research and development in California to advance the state of metal hydride hydrogen storage’’. 

OFFICE OF SCIENCE

SEC. 6017. In division C, title III of the Consolidated Appropriations Act, 2005 (Public Law 108–447), the item relating to ‘‘Department of Energy, Energy Programs, Science’’ is amended by inserting ‘‘: Provided, That $2,000,000 is provided within available 

funds to continue funding for project #DE–FG0204ER63842– 

04090945, the Southeast Regional Cooling, Heating and Power and 

Bio-Fuel Application Center, and $3,000,000 is provided from within available funds for the University of Texas Southwestern Medical 

Center, University of Texas at Dallas Metroplex Comprehensive Imaging Center: Provided further, That within funds made available 

herein $500,000 is provided for the desalination plant technology 

program at the University of Nevada-Reno (UNR) and $500,000 for 

the Oral History of the Negotiated Settlement project at UNR: Provided further, That $4,000,000 is to be provided from within available funds to the Fire Sciences Academy in Elko, Nevada, for purVerDate Aug 04 2004 10:26 May 05, 2005 Jkt 020930 PO 00000 Frm 00054 Fmt 6659 Sfmt 6603 E:\HR\OC\HR072.XXX HR072
55 

poses of capital debt service: Provided further, That $2,000,000 is 

made available within available funds to upgrade chemistry laboratories at Drew University, New Jersey’’ after ‘‘$3,628,902,000’’. 

FOSSIL ENERGY

SEC. 6018. In division E, title II of the Consolidated Appropriations Act, 2005 (Public Law 108–447), the item relating to ‘‘Department of Energy, Fossil Energy Research and Development’’ is 

amended by inserting before the period at the end the following: ‘‘: 

Provided further, That $1,000,000 is made available for the National Energy Technology Laboratory in Pennsylvania to work with 

the Borough of Versailles, Pennsylvania, to remediate leaks from 

abandoned natural gas wells’’. 

WEAPONS ACTIVITIES

(INCLUDING TRANSFER OF FUNDS)

SEC. 6019. Notwithstanding the provisions of section 302 of 

Public Law 102–377 and section 4705 of Public Law 107–314, as 

amended, the Department may transfer up to $10,000,000 from the 

Weapons Activities appropriation for purposes of carrying out section 3147 of the Ronald W. Reagan National Defense Authorization 

Act for Fiscal Year 2005, Public Law 108–375: Provided, That 

$825,000 is made available for cybersecurity at Department of Energy laboratories using the CimTrak technology. 

DEFENSE ENVIRONMENTAL SERVICES

SEC. 6020. Title III of division C of the Consolidated Appropriations Act, 2005 (Public Law 108–447) is amended by inserting 

before the period at the end of ‘‘Defense Environmental Services’’ the 

following: ‘‘: Provided, That to the extent activities to be funded 

within the ‘Defense Environmental Services’ cannot be funded without unduly impacting mission activities and statutory requirements, 

up to $30,000,000 from ‘Defense Site Acceleration Completion’ may 

be used for these activities: Provided further, That $2,000,000 is 

provided within available funds to support desalination activities in 

partnership with the Bureau of Reclamation at the Tularosa Basin 

desalination facility, New Mexico’’. 

DEFENSE SITE ACCELERATION COMPLETION TRANSFER TO WEAPONS

ACTIVITIES

(INCLUDING TRANSFER OF FUNDS)

SEC. 6021. Notwithstanding the provisions of section 302 of 

Public Law 102–377 and section 4705 of Public Law 107–314, as 

amended, the Department may transfer up to $4,000,000 from the 

‘Defense Site Acceleration Completion’ appropriation to the ‘Weapons Activities’ appropriation contained in the Consolidated Appropriations Act, 2005 (Public Law 108–447), division C—Energy and 

Water Development. 

SMALL BUSINESS CONTRACTING

SEC. 6022. (a) Not later than September 30, 2005, the Department of Energy and the Small Business Administration shall enter 

into a memorandum of understanding setting forth an appropriate 

56 

methodology for measuring the achievement of the Department of 

Energy with respect to awarding contracts to small businesses. 

(b) The methodology set forth in the memorandum of understanding entered into under subsection (a) shall, at a minimum, include— 

(1) a method of counting the achievement of the Department 

of Energy in awards of— 

(A) prime contracts; and 

(B) subcontracts to small businesses awarded by Department of Energy management and operating, management and integration, and other facility management prime 

contractors; and 

(2) uniform criteria that could be used by prime contractors 

when measuring the value and number of subcontracts awarded to small businesses. 

(c)(1) Not later than September 30, 2005, the Administrator of 

the Small Business Administration, the Chief Counsel for Advocacy 

of the Small Business Administration, the Chairman of the Defense 

Nuclear Facilities Safety Board, the Secretary of Energy, and the 

Administrator of the National Nuclear Security Administration, 

shall jointly conduct a study regarding the feasibility of possible 

changes to management and operating contracts and other management contracts within the Department of Energy to encourage new 

opportunities for small businesses to increase their role as prime 

contractors. 

(2) In conducting the study under paragraph (1), the Administrator of the Small Business Administration, the Chief Counsel for 

Advocacy of the Small Business Administration, the Chairman of 

the Defense Nuclear Facilities Safety Board, the Secretary of Energy, and the Administrator of the National Nuclear Security Administration shall jointly consider the impact of changes studied 

on— 

(A) accountability, competition, and sound management 

practices at the Department of Energy and its facilities managed by prime contractors; 

(B) safety, security, and oversight of Department of Energy 

facilities; and 

(C) the potential oversight and management requirements 

necessary to implement the findings of the study. 

(3) The Administrator of the Small Business Administration, 

the Chief Counsel for Advocacy of the Small Business Administration, the Chairman of the Defense Nuclear Facilities Safety Board, 

the Secretary of Energy, and the Administrator of the National Nuclear Security Administration shall report their joint findings to— 

(A) the Committee on Small Business and Entrepreneurship, the Committee on Energy and Natural Resources, the 

Committee on Armed Services, the Committee on Homeland Security and Government Affairs, and the Committee on Appropriations of the Senate; and 

(B) the Committee on Small Business, the Committee on 

Energy and Commerce, the Committee on Armed Services, the 

Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives. 

(d)(1) Beginning on the date of enactment of this Act and ending at the conclusion of fiscal year 2007, in any case in which the 

57 

Secretary of Energy decides to break-out appropriate large prime 

contracts, known as the management and operating contracts, for 

award to small businesses, the Secretary shall consider whether— 

(A) the services under the contract have previously been 

provided by a small business concern; and 

(B) the contract is of the type capable of being performed 

by a small business concern. 

(2) In the case of a contract awarded by the Department of Energy as a result of a break-out of subcontracts previously awarded 

by management and operating prime contractors and reawarded as 

a small business prime contract under paragraph (1)— (A) any such contract valued at more than $25,000,000 

shall be required to have a subcontracting plan for small businesses; and 

(B) the Secretary shall make a determination on the advisability of requiring a local presence for small business subcontractors. 

NUCLEAR WASTE DISPOSAL

SEC. 6023. Title III of division C of the Consolidated Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 2951) is amended in the matter under the heading ‘‘Nuclear Waste Disposal’’— 

(1) by inserting ‘‘to be derived from the Nuclear Waste 

Fund and’’ after ‘‘$346,000,000,’’; and 

(2) in the second proviso, by striking ‘‘to conduct scientific 

oversight responsibilities and participate in licensing activities 

pursuant to the Act’’ and inserting ‘‘to participate in licensing 

activities and other appropriate activities pursuant to that Act’’. 

DEPARTMENT OF HOMELAND SECURITY

WORKING CAPITAL FUND

SEC. 6024. None of the funds appropriated or otherwise made 

available to the Department of Homeland Security may be used to 

make payments to the ‘‘Department of Homeland Security Working 

Capital Fund’’, except for the activities for fiscal year 2005 contained in the April 11, 2005, report submitted to the Committees on 

Appropriations of the Senate and the House of Representatives on 

the Department of Homeland Security Working Capital Fund, and 

all activities and services funded by the Federal Emergency Management Agency ‘‘Working Capital Fund’’ before March 1, 2003: Provided, That all organizations shall be charged only for direct usage 

of each service: Provided further, That for fiscal year 2005, funding 

for activities shall not exceed the amounts listed in the Department 

of Homeland Security Working Capital Fund April 11, 2005, report: 

Provided further, That any additional activities and amounts must 

be approved by the Committees on Appropriations of the Senate and 

the House of Representatives 30 days in advance of obligation. 

SEC. 6025. The Department of Homeland Security shall henceforth provide an appropriations justification for the ‘‘Department of 

Homeland Security Working Capital Fund’’ to the Committees on 

Appropriations of the Senate and House of Representatives: Provided, That an annual appropriations justification shall be submitted to the Congress as a part of the President’s budget as submitted under Section 1105(a) of Title 31, United States Code, and 

58 

shall contain the same level of detail as the Department’s Congressional appropriations justification in support of the President’s 

budget: Provided further, That the ‘‘Department of Homeland Security Working Capital Fund’’ Congressional appropriations justification for fiscal year 2006 shall be submitted within 15 days of enactment of this Act: Provided further, That the Chief Financial Officer 

shall ensure that all planned activities and amounts to be funded 

by the ‘‘Department of Homeland Security Working Capital Fund’’, 

all reimbursable agreements, and all uses of the Economy Act are 

explicitly identified in each Congressional appropriations justification in support of the President’s budget provided for each agency 

and component of the Department. 

OFFICE OF THE CHIEF INFORMATION OFFICER

SEC. 6026. Of the funds provided under the heading ‘‘Office of 

the Chief Information Officer’’ in Public Law 108–334, $5,000,000 

shall not be obligated for salaries and expenses until an expenditure 

plan is submitted to the Committees on Appropriations of the Senate 

and the House of Representatives for any information technology 

project that: (1) is funded by the ‘‘Office of the Chief Information Officer’’; or (2) is funded by multiple components of the Department of 

Homeland Security through reimbursable agreements: Provided, 

That such expenditure plan shall include each specific project funded, key milestones, all funding sources for each project, details of 

annual and lifecycle costs, and projected cost savings or cost avoidance to be achieved by project: Provided further, That the expenditure plan shall include a complete list of all legacy systems operational as of March 1, 2003, the current operational status of each 

system, and the plans for continued operation or termination of 

each system. 

RESCISSION OF FUNDS

SEC. 6027. Of the funds appropriated by Public Law 108–334 

(118 Stat. 1298, 1300, 1302), the following are rescinded: $500,000 

under the heading ‘‘Office of the Secretary and Executive Management’’; $3,300,000 under the heading ‘‘Office of the Under Secretary 

for Management’’; $76,000,000 under the heading ‘‘Customs and 

Border Protection, Salaries and Expenses’’; and $85,200,000 under 

the heading ‘‘Immigration and Customs Enforcement, Salaries and 

Expenses’’. 

SEC. 6028. Of the unobligated balances available in the ‘‘Department of Homeland Security Working Capital Fund’’, 

$20,000,000 are rescinded. 

REPROGRAMMING AND TRANSFER OF FUNDS

SEC. 6029. Any funds made available to the Department of 

Homeland Security by this Act shall be subject to the terms and 

conditions of Title V of Public Law 108–334. 

BUREAU OF LAND MANAGEMENT, TECHNICAL CORRECTION

SEC. 6030. Section 144 of division E of Public Law 108–447 is 

amended in paragraph (b)(2) by striking ‘‘September 24, 2004’’ and 

inserting ‘‘November 12, 2004’’. 

59 

FOREST SERVICE TRANSFER

SEC. 6031. Funds in the amount of $1,500,000, provided in 

Public Law 108–447 for the ‘‘Forest Service, Capital Improvement 

and Maintenance’’ account, are hereby transferred to the ‘‘Forest 

Service, State and Private Forestry’’ account. 

WEST YELLOWSTONE VISITOR INFORMATION CENTER

SEC. 6032. Notwithstanding any other provision of law, the National Park Service is authorized to expend appropriated funds for 

the construction, operations and maintenance of an expansion to the 

West Yellowstone Visitor Information Center to be constructed for 

visitors to, and administration of, Yellowstone National Park. 

PESTICIDES TOLERANCE FEES

SEC. 6033. None of the funds in this or any other Appropriations Act may be used by the Environmental Protection Agency or 

any other Federal agency to develop, promulgate, or publish a pesticides tolerance fee rulemaking. 

GULF ISLANDS NATIONAL SEASHORE

SEC. 6034. (a) The Secretary of the Interior shall allow the 

State of Mississippi, its lessees, contractors, and permittees, to conduct, under reasonable regulation not inconsistent with extraction of 

the oil and gas minerals reserved by the State of Mississippi in the 

deed referenced in subsection (b): 

(1) exploration, development and production operations on 

sites outside the boundaries of Gulf Islands National Seashore 

that use directional drilling techniques which result in the drill 

hole crossing into the Gulf Islands National Seashore and passing under any land or water the surface of which is owned by 

the United States, including terminating in bottom hole locations thereunder; and 

(2) seismic and seismic-related exploration activities inside 

the boundaries of Gulf Islands National Seashore to identify 

the oil and gas minerals located within the boundaries of the 

Gulf Islands National Seashore under the surface estate conveyed by the State of Mississippi, all of which oil and gas minerals the State of Mississippi reserved the right to extract. 

(b) The provisions of subsection (a) shall not take effect until the 

State of Mississippi enters into an agreement with the Secretary 

providing that any actions by the United States in relation to the 

provisions in the section shall not trigger any reverter of any estate 

conveyed by the State of Mississippi to the United States within the 

Gulf Islands National Seashore in Chapter 482 of the General Laws 

of the State of Mississippi, 1971, and the quitclaim deed of June 15, 

1972. 

SURFACE MINING CONTROL AND RECLAMATION ACT

SEC. 6035. Section 402(b) of the Surface Mining Control and 

Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking 

‘‘June 30, 2005,’’ and inserting ‘‘September 30, 2005,’’. 

60 

RESIDENT AND NONRESIDENT HUNTING AND FISHING REGULATIONS

SEC. 6036. STATE REGULATION OF RESIDENT AND NONRESIDENT

HUNTING AND FISHING. (a) SHORT TITLE.—This section may be cited 

as the ‘‘Reaffirmation of State Regulation of Resident and Nonresident Hunting and Fishing Act of 2005’’. 

(b) DECLARATION OF POLICY AND CONSTRUCTION OF CONGRESSIONAL SILENCE.— 

(1) IN GENERAL.—It is the policy of Congress that it is in 

the public interest for each State to continue to regulate the taking for any purpose of fish and wildlife within its boundaries, 

including by means of laws or regulations that differentiate between residents and nonresidents of such State with respect to 

the availability of licenses or permits for taking of particular 

species of fish or wildlife, the kind and numbers of fish and 

wildlife that may be taken, or the fees charged in connection 

with issuance of licenses or permits for hunting or fishing. 

(2) CONSTRUCTION OF CONGRESSIONAL SILENCE.—Silence 

on the part of Congress shall not be construed to impose any 

barrier under clause 3 of Section 8 of Article I of the Constitution (commonly referred to as the ‘‘commerce clause’’) to the regulation of hunting or fishing by a State or Indian tribe. 

(c) LIMITATIONS.—Nothing in this section shall be construed— 

(1) to limit the applicability or effect of any Federal law related to the protection or management of fish or wildlife or to 

the regulation of commerce; 

(2) to limit the authority of the United States to prohibit 

hunting or fishing on any portion of the lands owned by the 

United States; or 

(3) to abrogate, abridge, affect, modify, supersede or alter 

any treaty-reserved right or other right of any Indian tribe as 

recognized by any other means, including, but not limited to, 

agreements with the United States, Executive Orders, statutes, 

and judicial decrees, and by Federal law. 

(d) STATE DEFINED.—For purposes of this section, the term 

‘‘State’’ includes the several States, the District of Columbia, the 

Commonwealth of Puerto Rico, Guam, the Virgin Islands, American 

Samoa, and the Commonwealth of the Northern Mariana Islands. 

STATE AND TRIBAL ASSISTANCE GRANTS, TECHNICAL CORRECTIONS

SEC. 6037. The referenced statement of the managers under the 

heading ‘‘State and Tribal Assistance Grants’’ for the Environmental Protection Agency in Public Law 106–377, in reference to 

item 80, is deemed to be amended by striking all after ‘‘for’’ and inserting in lieu thereof ‘‘wastewater infrastructure improvements’’. 

SEC. 6038. The referenced statement of the managers under the 

heading ‘‘State and Tribal Assistance Grants’’ for the Environmental Protection Agency in Public Law 108–199 is deemed to be 

amended, in reference to item 331, by striking all after ‘‘to’’ and inserting in lieu thereof ‘‘Wayne County, New York Water and Sewer 

Authority for wastewater infrastructure improvements’’ and, in reference to item 25, by striking all after ‘‘for’’ and inserting in lieu 

thereof ‘‘water and wastewater improvements’’. 

SEC. 6039. The referenced statement of the managers under the 

heading ‘‘State and Tribal Assistance Grants’’ for the EnvironVerDate Aug 04 2004 10:26 May 05, 2005 Jkt 020930 PO 00000 Frm 00060 Fmt 6659 Sfmt 6603 E:\HR\OC\HR072.XXX HR072
61 

mental Protection Agency in Public Law 108–447 is deemed to be 

amended, in reference to item 235, by striking ‘‘$650,000’’ and inserting in lieu thereof ‘‘$1,000,000’’ and is deemed to be amended by 

adding ‘‘668. $150,000 to the City of Oldsmar, Florida for water 

and wastewater infrastructure improvements.’’. 

TRANSFER AUTHORITY

SEC. 6040. (a) Section 102 of division F of Public Law 108–447 

is hereby repealed. 

(b) Section 208 of division F of Public Law 108–447 is amended 

by inserting before the period at the end the following: ‘‘: Provided 

further, That such authority shall be limited to emergency use only, 

and is not to be used to create new programs, or to fund any project 

or activity for which no funds were provided’’. 

TECHNICAL CORRECTIONS—FUND FOR THE IMPROVEMENT OF

EDUCATION—FISCAL YEAR 2005

SEC. 6041. In the statement of the managers of the committee 

of conference accompanying H.R. 4818 (Public Law 108–447; House 

Report 108–792), in the matter in title III of division F, relating to 

the Fund for the Improvement of Education under the heading ‘‘Innovation and Improvement’’— (1) the provision specifying $500,000 for the Mississippi 

Museum of Art, Jackson, MS for Hardy Middle School After 

School Program shall be deemed to read ‘‘Mississippi Museum 

of Art, Jackson, MS for a Mississippi Museum of Art AfterSchool Collaborative’’; 

(2) the provision specifying $2,000,000 for the Milken Family Foundation, Santa Monica, CA, for the Teacher Advancement Program shall be deemed to read ‘‘Teacher Advancement 

Program Foundation, Santa Monica, CA for the Teacher Advancement Program’’; (3) the provision specifying $1,000,000 for Batelle for Kids, 

Columbus, OH for a multi-state effort to evaluate and learn the 

most effective ways for accelerating student academic growth 

shall be deemed to read ‘‘Battelle for Kids, Columbus, OH for 

a multi-state effort to implement, evaluate and learn the most 

effective ways for accelerating student academic growth’’; (4) the provision specifying $750,000 for the Institute of 

Heart Math, Boulder Creek, CO for a teacher retention and student dropout prevention program shall be deemed to read ‘‘Institute of Heart Math, Boulder Creek, CA for a teacher retention 

and student dropout prevention program’’; (5) the provision specifying $200,000 for Fairfax County 

Public Schools, Fairfax, VA for Chinese language programs in 

Franklin Sherman Elementary School and Chesterbrook Elementary School in McLean, Virginia shall be deemed to read 

‘‘Fairfax County Public Schools, Fairfax, VA for Chinese language programs in Shrevewood Elementary School and 

Wolftrap Elementary School’’; (6) the provision specifying $1,250,000 for the University of 

Alaska/Fairbanks in Fairbanks, AK, working with the State of 

Alaska and Catholic Community Services, for the Alaska System for Early Education Development (SEED) shall be deemed 

to read ‘‘University of Alaska/Southeast in Juneau, AK, workVerDate Aug 04 2004 10:26 May 05, 2005 Jkt 020930 PO 00000 Frm 00061 Fmt 6659 Sfmt 6603 E:\HR\OC\HR072.XXX HR072
62 

ing with the State of Alaska and Catholic Community Services, 

for the Alaska System for Early Education Development 

(SEED)’’; 

(7) the provision specifying $25,000 for QUILL Productions, 

Inc., Aston, PA, to develop and disseminate programs to enhance the teaching of American history shall be deemed to read 

‘‘QUILL Entertainment Company, Aston, PA, to develop and 

disseminate programs to enhance the teaching of American history’’; (8) the provision specifying $780,000 for City of St. Charles, 

MO for the St. Charles Foundry Arts Center in support of arts 

education shall be deemed to read ‘‘The Foundry Art Centre, St. 

Charles, Missouri for support of arts education in conjunction 

with the City of St. Charles, MO’’; (9) the provision specifying $100,000 for Community Arts 

Program, Chester, PA, for arts education shall be deemed to 

read ‘‘Chester Economic Development Authority, Chester, PA for 

a community arts program’’; (10) the provision specifying $100,000 for Kids with A 

Promise—The Bowery Mission, Bushkill, PA shall be deemed to 

read ‘‘Kids with A Promise—The Bowery Mission, New York, 

NY’’; 

(11) the provision specifying $50,000 for Great Projects 

Film Company, Inc., Washington, DC, to produce ‘‘Educating 

America’’, a documentary about the challenges facing our public 

schools shall be deemed to read ‘‘Great Projects Film Company, 

Inc., New York, NY, to produce ‘Educating America’, a documentary about the challenges facing our public schools’’; (12) the provision specifying $30,000 for Summer Camp 

Opportunities Provide an Edge (SCOPE), New York, NY for 

YMCA Camps Skycrest, Speers and Elijabar shall be deemed to 

read ‘‘American Camping Association for Summer Camp Opportunities Provide an Edge (SCOPE), New York, NY for 

YMCA Camps Skycrest and Speers-Elijabar’’; 

(13) the provision specifying $163,000 for Space Education 

Initiatives, Green Bay, WI for the Wisconsin Space Science Initiative shall be deemed to read ‘‘Space Education Initiatives, De 

Pere, WI for the Wisconsin Space Science Initiative’’; 

(14) the provision specifying $100,000 for Clarion County 

Career Center, Shippenville, PA for curriculum development 

shall be deemed to read ‘‘Clarion County Career Center, 

Shippenville, PA for curriculum development, technology and/ 

or equipment’’; 

(15) the provision specifying $100,000 for Central Pennsylvania Institute of Science and Technology, Pleasant Gap, PA for 

curriculum development shall be deemed to read ‘‘Central Pennsylvania Institute of Science and Technology, Pleasant Gap, PA 

for curriculum development, technology and/or equipment’’; 

(16) the provision specifying $100,000 for Forest Area High 

School, Tionesta, PA, for curriculum development shall be 

deemed to read ‘‘Forest Area High School, Tionesta, PA for curriculum development, technology and/or equipment’’; 

(17) the provision specifying $100,000 for Jersey Shore 

High School, Jersey Shore, PA, for curriculum development 

shall be deemed to read ‘‘Jersey Shore High School, Jersey 

63 

Shore, PA for curriculum development, technology and/or 

equipment’’; (18) the provision specifying $100,000 for Montgomery Area 

School District, Montgomery, PA for curriculum development 

shall be deemed to read ‘‘Montgomery Area School District, 

Montgomery, PA for curriculum development, technology and/ 

or equipment’’; (19) the provision specifying $100,000 for Southern Tioga 

School District, Blossburg, PA for curriculum development 

shall be deemed to read ‘‘Southern Tioga School District, 

Blossburg, PA for curriculum development, technology and/or 

equipment’’; (20) the provision specifying $300,000 for Venango County 

AVTS, Oil City, PA for curriculum development shall be 

deemed to read ‘‘Venango County AVTS, Oil City, PA for curriculum development, technology and/or equipment’’; (21) the provision specifying $100,000 for Warren County 

Career Center, Warren, PA, for curriculum development shall 

be deemed to read ‘‘Warren County Career Center, Warren, PA 

for curriculum development, technology and/or equipment’’; 

and 

(22) the provision specifying $100,000 for Wellsboro Area 

School District, Wellsboro, PA, for curriculum development 

shall be deemed to read ‘‘Wellsboro Area School District, 

Wellsboro, PA for curriculum development, technology and/or 

equipment’’. 

TECHNICAL CORRECTIONS—FUND FOR THE IMPROVEMENT OF

POSTSECONDARY EDUCATION—FISCAL YEAR 2005

SEC. 6042. In the statement of the managers of the committee 

of conference accompanying H.R. 4818 (Public Law 108–447; House 

Report 108–792), in the matter in title III of division F, relating to 

the Fund for the Improvement of Postsecondary Education under 

the heading ‘‘Higher Education’’— 

(1) the provision specifying $145,000 for the Belin-Blank 

Center at the University of Iowa, Iowa City, IA for the Big 10 

school initiative to improve minority student access to Advanced 

Placement courses shall be deemed to read ‘‘University of Iowa, 

Iowa City, IA for the Iowa and Israel: Partners in Excellence 

program to enhance math and science opportunities to rural 

Iowa students’’; 

(2) the provision specifying $150,000 for Mercy College, 

Dobbs Ferry, NY for the development of a registered nursing 

program shall be deemed to read ‘‘Mercy College, Dobbs Ferry, 

NY, for the development of a master’s degree program in nursing education, including marketing and recruitment activities’’; 

(3) the provision specifying $100,000 for University of Alaska/Southeast to develop distance education coursework for arctic engineering courses and programs shall be deemed to read 

‘‘University of Alaska System Office to develop distance education coursework for arctic engineering courses and programs’’; 

(4) the provision specifying $170,000 for Shippensburg University Foundation, Shippensburg, PA, for the Center for Land 

Use shall be deemed to read ‘‘Shippensburg University, 

Shippensburg, PA, for the Center for Land Use’’; and 

64 

(5) the provision specifying $100,000 for Culver-Stockton 

College, Canton, MO for equipment and technology shall be 

deemed to read ‘‘Moberly Area Community College, Moberly, 

MO for equipment and technology’’. 

TECHNICAL CORRECTIONS—FUND FOR THE IMPROVEMENT OF

EDUCATION—FISCAL YEAR 2004

SEC. 6043. In the statement of the managers of the committee 

of conference accompanying H.R. 2673 (Public Law 108–199; House 

Report 108–401), in the matter in title III of division E, relating to 

the Fund for the Improvement of Education under the heading ‘‘Innovation and Improvement’’ the provision specifying $1,500,000 for 

the University of Alaska at Fairbanks for Alaska System for Early 

Education Development (SEED) program to expand early childhood 

services and to train Early Head Start teachers with AAS degrees 

for positions in rural Alaska shall be deemed to read ‘‘University of 

Alaska/Southeast in Juneau, AK, working with the State of Alaska 

and Catholic Community Services, for the Alaska System for Early 

Education Development (SEED) program to expand early childhood 

services and to train Early Head Start teachers with AAS degrees 

for positions in rural Alaska’’. 

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR GRANT

REVIEWS

SEC. 6044. The matter under the heading ‘‘Corporation for National and Community Service—National and Community Service 

Programs Operating Expenses’’ in title III of division I of Public 

Law 108–447 is amended by inserting before the period at the end 

the following: ‘‘: Provided further, That the Corporation may use up 

to 1 percent of program grant funds made available under this 

heading to defray its costs of conducting grant application reviews, 

including the use of outside peer reviewers’’. 

MEDICARE HEALTH CARE INFRASTRUCTURE IMPROVEMENT PROGRAM

SEC. 6045. (a) IN GENERAL.—Section 1897(c) of the Social Security Act (42 U.S.C. 1395hhh(c)) is amended— 

(1) in paragraph (2)— 

(A) in the matter preceding subparagraph (A), by inserting ‘‘or an entity described in paragraph (3)’’ after 

‘‘means a hospital’’; and 

(B) in subparagraph (B)— 

(i) by inserting ‘‘legislature’’ after ‘‘State’’ the first 

place it appears; and 

(ii) by inserting ‘‘and such designation by the State 

legislature occurred prior to December 8, 2003’’ before 

the period at the end; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) ENTITY DESCRIBED.—An entity described in this paragraph is an entity that— 

‘‘(A) is described in section 501(c)(3) of the Internal 

Revenue Code of 1986 and exempt from tax under section 

501(a) of such Code; 

65 

‘‘(B) has at least 1 existing memorandum of understanding or affiliation agreement with a hospital located in 

the State in which the entity is located; and 

‘‘(C) retains clinical outpatient treatment for cancer on 

site as well as lab research and education and outreach for 

cancer in the same facility.’’. 

(b) LIMITATION ON REVIEW.—Section 1897 of the Social Security 

Act (42 U.S.C. 1395hhh(c)) is amended by adding at the end the following new subsection: 

‘‘(i) LIMITATION ON REVIEW.—There shall be no administrative 

or judicial review of any determination made by the Secretary under 

this section.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as if included in the enactment of section 1016 of 

the Medicare Prescription Drug, Improvement, and Modernization 

Act of 2003 (Public Law 108–173; 117 Stat. 2447). 

APPLICATION PROCESSING AND ENFORCEMENT FEES

SEC. 6046. Section 286(s)(6) of the Immigration and Nationality 

Act (8 U.S.C. 1356(s)(6)) is amended in the second sentence by inserting ‘‘and section 212(a)(5)(A)’’ before the period at the end. 

TECHNICAL CORRECTION—HIGHER EDUCATION

(INCLUDING RESCISSION OF FUNDS)

SEC. 6047. (a) RESCISSION.—Of the funds made available under 

the heading ‘‘Higher Education’’ in title III of division F of Public 

Law 108–447, $496,000 is rescinded, to be derived from the amount 

provided pursuant to the last proviso under such heading for the 

IWF Leadership Foundation, Washington, DC, for a scholarship 

fund. 

(b) APPROPRIATION.—The amount rescinded by subsection (a) is 

appropriated for ‘‘General Services Administration—Operating Expenses’’, for a grant to the IWF Leadership Foundation, Washington, DC, for a scholarship fund. 

COPYRIGHT ROYALTY JUDGES

SEC. 6048. (a) The item relating to ‘‘LIBRARY OF CONGRESS—Copyright Office—salaries and expenses’’ in the Legislative Branch Appropriations Act, 2005 (Public Law 108–447; 118 

Stat. 3187), is amended by striking the period at the end and inserting the following: ‘‘: Provided further, That notwithstanding any 

provision of chapter 8 of title 17, United States Code, any amounts 

made available under this heading which are attributable to royalty 

fees and payments received by the Copyright Office pursuant to sections 111 and 119, and chapter 10 of such title may be used for the 

costs incurred in the administration of the Copyright Royalty 

Judges program during any portion of fiscal year 2005 in which 

such program is in effect.’’. 

(b) The amendment made by subsection (a) shall take effect as 

if included in the enactment of the Legislative Branch Appropriations Act, 2005. 

66 

CAPITOL VISITOR CENTER

SEC. 6049. (a) The item relating to ‘‘Architect of the Capitol— 

Capitol Visitor Center’’ in the Legislative Branch Appropriations 

Act, 2002 (Public Law 107–68; 115 Stat. 588), is amended by striking ‘‘chair and ranking minority member of the’’. 

(b) The amendment made by subsection (a) shall take effect as 

if included in the enactment of the Legislative Branch Appropriations Act, 2002. 

TECHNICAL CORRECTION

SEC. 6050. Notwithstanding any other provision of law, unexpended and unobligated funds appropriated by Public Law 108–7 

to the accounts under the heading ‘‘SENATE’’ relating to Legislative 

Branch appropriations shall remain available without fiscal year 

limitation: Provided, That the amount provided under this heading 

is designated as an emergency requirement pursuant to section 402 

of the conference report to accompany S. Con. Res. 95 (108th Congress). 

TECHNICAL CORRECTIONS—NATIONAL OCEANIC AND ATMOSPHERIC

ADMINISTRATION—FISCAL YEAR 2005

SEC. 6051. The referenced statement of managers under the 

heading ‘‘National Oceanic and Atmospheric Administration’’ in 

title II of division B of Public Law 108–447 is deemed to be amended after ‘‘Bonneau Ferry, SC’’ by striking ‘‘20,000’’ and inserting 

‘‘19,200’’ in the ‘‘Procurement, Acquisition and Construction’’ account: Provided, That the difference in these amounts is available 

for transfer to the ‘‘Operations, Research, and Facilities’’ account for 

‘‘Response and Restoration Base’’. 

SEC. 6052. The referenced statement of managers under the 

heading ‘‘National Oceanic and Atmospheric Administration’’ in 

title II of division B of Public Law 108–447 is deemed to be amended under the heading ‘‘Construction/Acquisition, Coastal and Estuarine Land Conservation Program’’ by striking ‘‘Tonner Canyon, 

CA’’ and inserting ‘‘Tolay Lake, Sonoma County, CA’’. 

SEC. 6053. The referenced statement of managers under the 

heading ‘‘National Oceanic and Atmospheric Administration’’ in 

title II of division B of Public Law 108–447 is deemed to be amended under the heading ‘‘Construction/Acquisition, Coastal and Estuarine Land Conservation Program’’ by striking ‘‘Port Aransas Nature Preserve Wetlands Project, TX—3,000’’ and under the heading 

‘‘Section 2 (FWCA) Coastal/Estuarine Land Acquisition’’ by inserting ‘‘Port Aransas Nature Preserve Wetlands Project, TX—3,000’’. 

SMALL BUSINESS ADMINISTRATION—TECHNICAL CORRECTIONS

SEC. 6054. Section 621 of title VI of division B of Public Law 

108–199 is amended by striking ‘‘of passenger, cargo and other aviation services’’. 

SEC. 6055. Section 619(a) of title VI of division B of Public Law 

108–447 is amended by striking ‘‘Asheville-Buncombe Technical 

Community College’’ and inserting ‘‘the International Small Business Institute’’. 

67 

SEC. 6056. (a) Section 619(a) of title VI of division B of Public 

Law 108–447 is amended by striking ‘‘for the continued modernization of the Mason Building’’. 

(b) Section 621 of title VI of division B of Public Law 108–199, 

as amended by Public Law 108–447, is amended by striking ‘‘, for 

the continued modernization of the Mason Building’’. 

SEC. 6057. (a) Section 633 of the Departments of Commerce, 

Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 (as enacted into law by Public Law 106–553) and 

section 629 of the Departments of Commerce, Justice, and State, the 

Judiciary, and Related Agencies Appropriations Act, 2002 (Public 

Law 107–77) are each amended by striking ‘‘NTTC at Wheeling Jesuit University’’ and inserting ‘‘West Virginia High Technology Consortium Foundation’’. 

(b) The amendments made by subsection (a) shall apply to the 

remaining balances of the grants involved. 

TECHNICAL CORRECTION—BANKRUPTCY

SEC. 6058. (a) Section 325 of the Bankruptcy Abuse Prevention 

and Consumer Protection Act of 2005 is amended to read as follows: 

‘‘SEC. 325. UNITED STATES TRUSTEE PROGRAM FILING FEE INCREASE. 

‘‘(a) BANKRUPTCY FILING FEES.—Section 1930(a) of title 28, 

United States Code, is amended— 

‘‘(1) by striking paragraph (1) and inserting the following: 

‘‘ ‘(1) For a case commenced under— 

‘‘ ‘(A) chapter 7 of title 11, $220, and 

‘‘ ‘(B) chapter 13 of title 11, $150.’; and 

‘‘(2) in paragraph (3), by striking ‘$800’ and inserting 

‘$1,000’. 

‘‘(b) UNITED STATES TRUSTEE SYSTEM FUND.—Section 589a(b) 

of title 28, United States Code, is amended— 

‘‘(1) by striking paragraph (1) and inserting the following: 

‘‘ ‘(1)(A) 40.46 percent of the fees collected under section 

1930(a)(1)(A); and 

‘‘ ‘(B) 28.33 percent of the fees collected under section 

1930(a)(1)(B);’; and 

‘‘(2) in paragraph (2), by striking ‘one-half’ and inserting 

‘55 percent’. 

‘‘(c) COLLECTIONS AND DEPOSITS OF MISCELLANEOUS BANKRUPTCY FEES.—Section 406(b) of the Judiciary Appropriations Act, 

1990 (28 U.S.C. 1931 note) is amended by striking ‘pursuant to 28 

U.S.C. section 1930(b)’ and all that follows through ‘28 U.S.C. section 1931’ and inserting ‘under section 1930(b) of title 28, United 

States Code, 28.87 percent of the fees collected under section 

1930(a)(1)(A) of that title, 35.00 percent of the fees collected under 

section 1930(a)(1)(B) of that title, and 25 percent of the fees collected 

under section 1930(a)(3) of that title shall be deposited as offsetting 

receipts to the fund established under section 1931 of that title’.’’. 

(b) This section and the amendment made by this section shall 

take effect immediately after the enactment of the Bankruptcy Abuse 

Prevention and Consumer Protection Act of 2005. 

68 

DEPARTMENT OF COMMERCE—CONFERENCE

SEC. 6059. Within the amount provided for the Department of 

Commerce in division B of Public Law 108–447, the Secretary of 

Commerce shall convene a national conference on science, technology, trade and manufacturing. 

TECHNICAL CORRECTION—9/11 HEROES

SEC. 6060. Subsection (d) of the section 124 that appears under 

the item relating to ‘‘General Provisions—Department of Justice’’ of 

the Consolidated Appropriations Act of 2005 (Public Law 108–447) 

is amended— 

(1) in paragraph (2), by striking ‘‘with the Secretary of the 

Treasury to prepare and strike, on a reimbursable basis,’’ and 

inserting ‘‘for striking’’; and 

(2) by striking paragraph (3). 

TECHNICAL CORRECTIONS—DEPARTMENT OF TRANSPORTATION

SEC. 6061. The matter under the heading ‘‘Federal Transit Administration, Capital Investment Grants’’ in title I of division H of 

Public Law 108–447 is amended by striking ‘‘$3,591,548’’ and inserting ‘‘$1,362,683’’ and by striking ‘‘$22,554,144’’ and inserting 

‘‘$12,998,815’’: Provided, That the amount of new fixed guideway 

funds available for each project expected to complete its full funding 

grant agreement this fiscal year shall not exceed the amount which, 

when reduced by the across-the-board rescission of 0.80 percent of 

such Act, is equal to the amount of new fixed guideway funds required to complete the commitment of Federal new fixed guideway 

funds reflected in the project’s full funding grant agreement: Provided further, That of the new fixed guideway funds available in 

Public Law 108–447, $1,352,899 shall be available for the Northern 

New Jersey Newark Rail Link MOS 1 project, no funds shall be 

available for the Northern New Jersey Newark-Elizabeth Rail Line 

MOS 1 project, and $316,427 shall be available for the Northern 

New Jersey Hudson-Bergen Light Rail MOS 1 project. 

SEC. 6062. Notwithstanding any other provision of law, in section 1602 of the Transportation Equity Act for the 21st Century, 

item number 744 is amended by striking ‘‘Preliminary design of 

Route 2 Connector to Downtown Fitchburg’’ and inserting ‘‘design, 

construction/reconstruction and right of way acquisition for roadway improvements along the Route 12 corridor in Leominster and 

Fitchburg to enhance access from Route 2 to North Leominster and 

Downtown Fitchburg’’. 

SEC. 6063. Section 198 of division H of Public Law 108–447 is 

amended by inserting ‘‘under title 23 of the United States Code’’ 

after ‘‘law’’. 

PAYMENTS TO AIR CARRIERS

SEC. 6064. Notwithstanding any other provision of law, for the 

current fiscal year and any period covered by an Act making continuing appropriations for fiscal year 2006, all overflight fees collected and credited to the account established under section 

45303(a) of title 49, United States Code, shall be made available 

immediately for obligation and expenditure to meet the costs of the 

essential air service program under 49 U.S.C. 41731 through 41742: 

69 

Provided, That, if the funds in this account are insufficient to meet 

the costs of the essential air service program in such fiscal year, the 

Secretary of Transportation shall transfer such sums as may be necessary to carry out the essential air service program from any available amounts appropriated to or directly administered by the Office 

of the Secretary for such fiscal year. 

MARITIME ADMINISTRATION

SEC. 6065. No provision of this Act may be construed as altering or amending the force or effect of any of the following provisions 

of law as currently applied: 

(1) Sections 2631 and 2631a of title 10, United States Code. 

(2) Sections 901(b) and 901b of the Merchant Marine Act, 

1936 (46 U.S.C. App. 1241(b), 1241f). 

(3) Public Resolution Numbered 17, Seventy-third Congress 

(48 Stat. 500). 

(4) Any other similar provision of law requiring the use of 

privately owned United States flag commercial vessels for certain transportation purposes of the United States. 

THE JUDICIARY

SEC. 6066. Section 308 of division B of Public Law 108–447 is 

amended by striking all after the words ‘‘shall be deposited’’, and 

inserting ‘‘as offsetting receipts to the fund established under 28 

U.S.C. 1931 and shall remain available to the Judiciary until expended to reimburse any appropriation for the amount paid out of 

such appropriation for expenses of the Courts of Appeals, District 

Courts, and Other Judicial Services and the Administrative Offices 

of the United States Courts.’’. 

TECHNICAL CORRECTIONS—GENERAL SERVICES ADMINISTRATION

SEC. 6067. Under the heading ‘‘Federal Buildings Fund’’ in title 

IV of division H of Public Law 108–447, strike ‘‘$60,000,000’’ and 

insert in lieu thereof ‘‘$60,600,000’’ in reference to the Las Cruces 

United States Courthouse. 

SEC. 6068. Section 408 in title IV of division H of Public Law 

108–447 is amended by striking ‘‘Section 572(a)(2)(ii)’’ and inserting 

in lieu thereof ‘‘Section 572(a)(2)(A)(ii)’’. 

TECHNICAL CORRECTIONS—DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT

SEC. 6069. (a) The referenced statement of the managers under 

the heading ‘‘Community Development Fund’’ in title II of division 

I of Public Law 108–447 is deemed to be amended— 

(1) with respect to item 230 by striking ‘‘City’’ and inserting 

‘‘Port’’; 

(2) with respect to item 233 by inserting ‘‘Port of’’ before the 

words ‘‘Brookings Harbor’’; and 

(3) with respect to item number 30 by inserting ‘‘to be used 

for planning, design, and construction’’ after ‘‘California,’’. 

SEC. 6070. The referenced statement of managers under the 

heading ‘‘Community Development Fund’’ in title II of division K of 

Public Law 108–7 is deemed to be amended— 

70 

(1) with respect to item number 39 by striking ‘‘Conference 

and Workforce Center in Harrison, Arkansas’’ and inserting ‘‘in 

Harrison, Arkansas for facilities construction of the North Arkansas College Health Sciences Education Center’’; and 

(2) with respect to item number 316 by striking ‘‘for renovation of a visitor center to accommodate a Space and Flight Center’’ and inserting ‘‘to build-out the Prince George’s County Economic Development and Business Assistance Center’’. 

SEC. 6071. The referenced statement of the managers under the 

heading ‘‘Community Development Fund’’ in title II of division G of 

Public Law 108–199 is deemed to be amended— 

(1) with respect to item number 56 by striking ‘‘Conference 

and Training Center’’ and inserting ‘‘North Arkansas College 

Health Sciences Education Center’’; 

(2) with respect to item number 102 by striking ‘‘to the 

Town of Groveland, California for purchase of a youth center’’ 

and inserting ‘‘to the County of Tuolomne for the purchase of 

a new youth center in the mountain community of Groveland’’; 

(3) with respect to item number 218 by striking ‘‘for construction’’ and inserting ‘‘for design and engineering’’; 

(4) with respect to item number 472 by striking ‘‘for sidewalk, curbs and facade improvements in the Morton Avenue 

neighborhood’’ and inserting ‘‘for streetscape renovation’’; 

(5) with respect to item number 493 by striking ‘‘for land 

acquisition’’ and inserting ‘‘for planning and design of its 

Sports and Recreation Center and Education Complex’’; 

(6) with respect to item number 122 by inserting ‘‘to be used 

for planning, design, and construction’’ after ‘‘California,’’; 

(7) with respect to item number 369 by striking ‘‘for the’’ 

after ‘‘Michigan’’ and inserting ‘‘to be used for planning, design, 

and construction of the’’; and 

(8) with respect to item number 450 by striking 

‘‘V.I.C.T.E.M. Family Center in Washoe County, Nevada for the 

construction of a facility for multi-purpose social services referral and victim counseling;’’ and inserting ‘‘Washoe County, Nevada for a facility and equipment for the SART/CARES victim 

programs;’’. 

SEC. 6072. 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 as follows— 

(1) with respect to item number 706 by striking ‘‘ a public 

swimming pool’’ and inserting ‘‘recreation fields’’; 

(2) with respect to item number 667 by striking ‘‘to the 

Town of Appomattox, Virginia for facilities construction of an 

African-American cultural and heritage museum at the CarverPrice building’’ and inserting ‘‘to the County of Appomattox, 

Virginia for renovation of the Carver-Price building’’; 

(3) with respect to item number 668 by striking ‘‘for the 

Town of South Boston, Virginia for renovations and creation of 

a community arts center at the Prizery’’ and inserting ‘‘for The 

Prizery in South Boston, Virginia for renovations and creation 

of a community arts center’’; 

(4) with respect to item number 669 by striking ‘‘for the 

City of Moneta, Virginia for facilities construction and renovations of an art, education, and community outreach center’’ and 

71 

inserting ‘‘for the Moneta Arts, Education, and Community Outreach Center in Moneta, Virginia for facilities construction and 

renovations’’; 

(5) with respect to item number 910 by striking ‘‘repairs to’’ 

and inserting ‘‘renovation and construction of’’; 

(6) with respect to item number 902 by striking ‘‘City of 

Brooklyn’’ and inserting ‘‘Fifth Ave Committee in Brooklyn’’; 

and 

(7) with respect to item number 244 by inserting ‘‘Historic’’ 

before the words ‘‘Village, Inc’’. 

SEC. 6073. (a) Section 222 of title II of division I of Public Law 

108–447 is deleted; and 

(b) Section 203(c)(1) of the National Housing Act (12 U.S.C. 

1709(c)) is amended by— 

(1) striking ‘‘subsections’’ and inserting ‘‘subsection’’, and 

(2) striking ‘‘or (k)’’ each place that it appears. 

SEC. 6074. Section 255(g) of the National Housing Act (12 

U.S.C. 1715z–20(g)) is amended by striking ‘‘150,000’’ and inserting 

‘‘250,000’’. 

SEC. 6075. The matter under the heading relating to ‘‘PUBLIC

AND INDIAN HOUSING—PUBLIC HOUSING CAPITAL FUND’’ in title II of 

the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2005 (enacted as Division I of the Consolidated Appropriations Act, 2005 

(Pub. L. 108–447, 118 Stat. 3297)) is amended by striking the 8th 

proviso and inserting the following: ‘‘: Provided further, That up to 

$3,000,000 is to support the costs of administrative and judicial receiverships’’. 

PREPACKAGED NEWS

SEC. 6076. Unless otherwise authorized by existing law, none of 

the funds provided in this Act or any other Act, may be used by an 

executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the 

story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared 

or funded by that executive branch agency. 

LOCAL BUDGET AUTHORITY FOR THE DISTRICT OF COLUMBIA

SEC. 6077. The District of Columbia Appropriations Act, 2005 

(Public Law 108–335) approved October 18, 2004, is amended as 

follows: 

(1) Section 331 is amended as follows: 

(A) in the first sentence by striking ‘‘$15,000,000’’ and 

inserting ‘‘$42,000,000, to remain available until expended,’’ in its place, and 

(B) by amending subsection (5) to read as follows: 

‘‘(5) The amounts may be obligated or expended only if the 

Mayor notifies the Committees on Appropriations of the House 

of Representatives and Senate in writing 30 days in advance of 

any obligation or expenditure.’’. 

(2) By inserting a new section before the short title at the 

end to read as follows: 

‘‘SEC. 348. The amount appropriated by this Act may be increased by an additional amount of $206,736,000 (including 

72 

$49,927,000 from local funds and $156,809,000 from other funds) 

to be transferred by the Mayor of the District of Columbia to the 

various headings under this Act as follows: 

‘‘(1) $174,927,000 (including $34,927,000 from local funds 

and $140,000,000 from other funds) shall be transferred under 

the heading ‘Government Direction and Support’: Provided, 

That of the funds, $33,000,000 from local funds shall remain 

available until expended: Provided further, That of the funds, 

$140,000,000 from other funds shall remain available until expended and shall only be available in conjunction with revenue 

from a private or alternative financing proposal approved pursuant to section 106 of DC Act 15–717, the ‘Ballpark Omnibus 

Financing and Revenue Act of 2004’ approved by the District of 

Columbia, December 29, 2004, and 

‘‘(2) $15,000,000 from local funds shall be transferred 

under the heading ‘Repayment of Loans and Interest’, and 

‘‘(3) $14,000,000 from other funds shall be transferred 

under the heading ‘Sports and Entertainment Commission’, 

and 

‘‘(4) $2,809,000 from other funds shall be transferred under 

the heading ‘Water and Sewer Authority’.’’. 

USE OF FUNDS FOR EMERGENCY PREPAREDNESS CENTERS

SEC. 6078. Section 114 of title I of division I of the Consolidated Appropriations Act, 2005 (Public Law 108–447) is amended 

by inserting before the period ‘‘and section 303 of Public Law 108– 

422’’. 

COLLECTIONS DEPOSITED INTO PROJECT CONSTRUCTION ACCOUNTS

SEC. 6079. Section 117 of title I of division I of the Consolidated Appropriations Act, 2005 (Public Law 108–447) is amended 

by striking ‘‘that are deposited into the Medical Care Collections 

Fund may be transferred and merged with’’ and inserting ‘‘may be 

deposited into the’’. 

CONTRACTS FOR HOSPITAL CARE AND MEDICAL SERVICES

SEC. 6080. Section 1703(d)(2) of title 38, United States Code, is 

amended by striking ‘‘shall be available for the purposes’’ and inserting ‘‘shall be available, without fiscal year limitation, for the 

purposes’’. 

IMPLEMENTATION OF MISSION CHANGES AT SPECIFIC VETERANS

HEALTH ADMINISTRATION FACILITIES

SEC. 6081. (a) IN GENERAL.—Section 414 of the Veterans 

Health Programs Improvement Act of 2004, is amended by adding 

at the end the following: 

‘‘(h) DEFINITION.—In this section, the term ‘medical center’ includes any outpatient clinic.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect as if included in the Veterans Health Programs Improvement Act of 2004 (Public Law 108–422). 

This division may be cited as the ‘‘Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005’’. 

73 

DIVISION B—REAL ID ACT OF 2005 

SECTION 1. SHORT TITLE. 

This division may be cited as the ‘‘REAL ID Act of 2005’’. 

TITLE I—AMENDMENTS TO FEDERAL 

LAWS TO PROTECT AGAINST TERRORIST ENTRY 

SEC. 101. PREVENTING TERRORISTS FROM OBTAINING RELIEF FROM 

REMOVAL. 

(a) CONDITIONS FOR GRANTING ASYLUM.—Section 208(b)(1) of 

the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)) is 

amended— 

(1) by striking ‘‘The Attorney General’’ the first place such 

term appears and inserting the following: 

‘‘(A) ELIGIBILITY.—The Secretary of Homeland Security 

or the Attorney General’’; 

(2) by striking ‘‘the Attorney General’’ the second and third 

places such term appears and inserting ‘‘the Secretary of Homeland Security or the Attorney General’’; and 

(3) by adding at the end the following: 

‘‘(B) BURDEN OF PROOF.— 

‘‘(i) IN GENERAL.—The burden of proof is on the 

applicant to establish that the applicant is a refugee, 

within the meaning of section 101(a)(42)(A). To establish that the applicant is a refugee within the meaning 

of such section, the applicant must establish that race, 

religion, nationality, membership in a particular social 

group, or political opinion was or will be at least one 

central reason for persecuting the applicant. 

‘‘(ii) SUSTAINING BURDEN.—The testimony of the 

applicant may be sufficient to sustain the applicant’s 

burden without corroboration, but only if the applicant 

satisfies the trier of fact that the applicant’s testimony 

is credible, is persuasive, and refers to specific facts 

sufficient to demonstrate that the applicant is a refugee. In determining whether the applicant has met the 

applicant’s burden, the trier of fact may weigh the 

credible testimony along with other evidence of record. 

Where the trier of fact determines that the applicant 

should provide evidence that corroborates otherwise 

credible testimony, such evidence must be provided unless the applicant does not have the evidence and cannot reasonably obtain the evidence. 

‘‘(iii) CREDIBILITY DETERMINATION.—Considering 

the totality of the circumstances, and all relevant factors, a trier of fact may base a credibility determination on the demeanor, candor, or responsiveness of the 

applicant or witness, the inherent plausibility of the 

applicant’s or witness’s account, the consistency between the applicant’s or witness’s written and oral 

statements (whenever made and whether or not under 

74 

oath, and considering the circumstances under which 

the statements were made), the internal consistency of 

each such statement, the consistency of such statements 

with other evidence of record (including the reports of 

the Department of State on country conditions), and 

any inaccuracies or falsehoods in such statements, 

without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant’s 

claim, or any other relevant factor. There is no presumption of credibility, however, if no adverse credibility determination is explicitly made, the applicant or 

witness shall have a rebuttable presumption of credibility on appeal.’’. 

(b) EXCEPTIONS TO ELIGIBILITY FOR ASYLUM.—Section 

208(b)(2)(A)(v) of the Immigration and Nationality Act (8 U.S.C. 

1158(b)(2)(A)(v)) is amended— 

(1) by striking ‘‘inadmissible under’’ each place such term 

appears and inserting ‘‘described in’’; and 

(2) by striking ‘‘removable under’’. 

(c) WITHHOLDING OF REMOVAL.—Section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is amended by 

adding at the end the following: 

‘‘(C) SUSTAINING BURDEN OF PROOF; CREDIBILITY DE- TERMINATIONS.—In determining whether an alien has demonstrated that the alien’s life or freedom would be threatened for a reason described in subparagraph (A), the trier 

of fact shall determine whether the alien has sustained the 

alien’s burden of proof, and shall make credibility determinations, in the manner described in clauses (ii) and (iii) 

of section 208(b)(1)(B).’’. 

(d) OTHER REQUESTS FOR RELIEF FROM REMOVAL.—Section 

240(c) of the Immigration and Nationality Act (8 U.S.C. 1230(c)) is 

amended— 

(1) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; and 

(2) by inserting after paragraph (3) the following: 

‘‘(4) APPLICATIONS FOR RELIEF FROM REMOVAL.— ‘‘(A) IN GENERAL.—An alien applying for relief or protection from removal has the burden of proof to establish 

that the alien— 

‘‘(i) satisfies the applicable eligibility requirements; 

and 

‘‘(ii) with respect to any form of relief that is granted in the exercise of discretion, that the alien merits a 

favorable exercise of discretion. 

‘‘(B) SUSTAINING BURDEN.—The applicant must comply 

with the applicable requirements to submit information or 

documentation in support of the applicant’s application for 

relief or protection as provided by law or by regulation or 

in the instructions for the application form. In evaluating 

the testimony of the applicant or other witness in support 

of the application, the immigration judge will determine 

whether or not the testimony is credible, is persuasive, and 

refers to specific facts sufficient to demonstrate that the applicant has satisfied the applicant’s burden of proof. In deVerDate Aug 04 2004 10:26 May 05, 2005 Jkt 020930 PO 00000 Frm 00074 Fmt 6659 Sfmt 6603 E:\HR\OC\HR072.XXX HR072
75 

termining whether the applicant has met such burden, the 

immigration judge shall weigh the credible testimony along 

with other evidence of record. Where the immigration judge 

determines that the applicant should provide evidence 

which corroborates otherwise credible testimony, such evidence must be provided unless the applicant demonstrates 

that the applicant does not have the evidence and cannot 

reasonably obtain the evidence. 

‘‘(C) CREDIBILITY DETERMINATION.—Considering the totality of the circumstances, and all relevant factors, the immigration judge may base a credibility determination on 

the demeanor, candor, or responsiveness of the applicant or 

witness, the inherent plausibility of the applicant’s or 

witness’s account, the consistency between the applicant’s or 

witness’s written and oral statements (whenever made and 

whether or not under oath, and considering the circumstances under which the statements were made), the internal consistency of each such statement, the consistency of 

such statements with other evidence of record (including 

the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant’s claim, 

or any other relevant factor. There is no presumption of 

credibility, however, if no adverse credibility determination 

is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal.’’. 

(e) STANDARD OF REVIEW FOR ORDERS OF REMOVAL.—Section 

242(b)(4) of the Immigration and Nationality Act (8 U.S.C. 

1252(b)(4)) is amended by adding at the end, after subparagraph 

(D), the following: ‘‘No court shall reverse a determination made by 

a trier of fact with respect to the availability of corroborating evidence, as described in section 208(b)(1)(B), 240(c)(4)(B), or 

241(b)(3)(C), unless the court finds, pursuant to section 242(b)(4)(B), 

that a reasonable trier of fact is compelled to conclude that such 

corroborating evidence is unavailable.’’. 

(f) CLARIFICATION OF DISCRETION.—Section 242(a)(2)(B) of the 

Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) is amended— 

(1) by inserting ‘‘or the Secretary of Homeland Security’’ 

after ‘‘Attorney General’’ each place such term appears; and 

(2) in the matter preceding clause (i), by inserting ‘‘and regardless of whether the judgment, decision, or action is made 

in removal proceedings,’’ after ‘‘other provision of law,’’. 

(g) REMOVAL OF CAPS.— 

(1) ASYLEES.—Section 209 of the Immigration and Nationality Act (8 U.S.C. 1159) is amended— 

(A) in subsection (a)(1)— 

(i) by striking ‘‘Service’’ and inserting ‘‘Department 

of Homeland Security’’; and 

(ii) by striking ‘‘Attorney General’’ each place such 

term appears and inserting ‘‘Secretary of Homeland Security or the Attorney General’’; 

(B) in subsection (b)— 

76 

(i) by striking ‘‘Not more’’ and all that follows 

through ‘‘asylum who—’’ and inserting ‘‘The Secretary 

of Homeland Security or the Attorney General, in the 

Secretary’s or the Attorney General’s discretion and 

under such regulations as the Secretary or the Attorney 

General may prescribe, may adjust to the status of an 

alien lawfully admitted for permanent residence the 

status of any alien granted asylum who—’’; and 

(ii) in the matter following paragraph (5), by striking ‘‘Attorney General’’ and inserting ‘‘Secretary of 

Homeland Security or the Attorney General’’; and 

(C) in subsection (c), by striking ‘‘Attorney General’’ 

and inserting ‘‘Secretary of Homeland Security or the Attorney General’’. 

(2) PERSONS RESISTING COERCIVE POPULATION CONTROL

METHODS.—Section 207(a) of the Immigration and Nationality 

Act (8 U.S.C. 1157(a)) is amended by striking paragraph (5). 

(h) EFFECTIVE DATES.— (1) The amendments made by paragraphs (1) and (2) of 

subsection (a) shall take effect as if enacted on March 1, 2003. 

(2) The amendments made by subsections (a)(3), (b), (c), 

and (d) shall take effect on the date of the enactment of this division and shall apply to applications for asylum, withholding, 

or other relief from removal made on or after such date. 

(3) The amendment made by subsection (e) shall take effect 

on the date of the enactment of this division and shall apply to 

all cases in which the final administrative removal order is or 

was issued before, on, or after such date. 

(4) The amendments made by subsection (f) shall take effect 

on the date of the enactment of this division and shall apply to 

all cases pending before any court on or after such date. 

(5) The amendments made by subsection (g) shall take effect on the date of the enactment of this division. 

(i) REPEAL.—Section 5403 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458) is repealed. 

SEC. 102. WAIVER OF LEGAL REQUIREMENTS NECESSARY FOR IMPROVEMENT OF BARRIERS AT BORDERS; FEDERAL COURT 

REVIEW. 

Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended 

to read as follows: 

‘‘(c) WAIVER.— 

‘‘(1) IN GENERAL.—Notwithstanding any other provision of 

law, the Secretary of Homeland Security shall have the authority to waive all legal requirements such Secretary, in such Secretary’s sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section. 

Any such decision by the Secretary shall be effective upon being 

published in the Federal Register. 

‘‘(2) FEDERAL COURT REVIEW.— ‘‘(A) IN GENERAL.—The district courts of the United 

States shall have exclusive jurisdiction to hear all causes or 

claims arising from any action undertaken, or any decision 

made, by the Secretary of Homeland Security pursuant to 

paragraph (1). A cause of action or claim may only be 

77 

brought alleging a violation of the Constitution of the 

United States. The court shall not have jurisdiction to hear 

any claim not specified in this subparagraph. 

‘‘(B) TIME FOR FILING OF COMPLAINT.—Any cause or 

claim brought pursuant to subparagraph (A) shall be filed 

not later than 60 days after the date of the action or decision made by the Secretary of Homeland Security. A claim 

shall be barred unless it is filed within the time specified. 

‘‘(C) ABILITY TO SEEK APPELLATE REVIEW.—An interlocutory or final judgment, decree, or order of the district 

court may be reviewed only upon petition for a writ of certiorari to the Supreme Court of the United States.’’. 

SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TERRORIST-RELATED ACTIVITIES. 

(a) IN GENERAL.—So much of section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) as precedes the final sentence is amended to read as follows: 

‘‘(i) IN GENERAL.—Any alien who— 

‘‘(I) has engaged in a terrorist activity; 

‘‘(II) a consular officer, the Attorney General, 

or the Secretary of Homeland Security knows, or 

has reasonable ground to believe, is engaged in or 

is likely to engage after entry in any terrorist activity (as defined in clause (iv)); 

‘‘(III) has, under circumstances indicating an 

intention to cause death or serious bodily harm, 

incited terrorist activity; 

‘‘(IV) is a representative (as defined in clause 

(v)) of— 

‘‘(aa) a terrorist organization (as defined 

in clause (vi)); or 

‘‘(bb) a political, social, or other group 

that endorses or espouses terrorist activity; 

‘‘(V) is a member of a terrorist organization 

described in subclause (I) or (II) of clause (vi); 

‘‘(VI) is a member of a terrorist organization 

described in clause (vi)(III), unless the alien can 

demonstrate by clear and convincing evidence that 

the alien did not know, and should not reasonably 

have known, that the organization was a terrorist 

organization; 

‘‘(VII) endorses or espouses terrorist activity or 

persuades others to endorse or espouse terrorist activity or support a terrorist organization; 

‘‘(VIII) has received military-type training (as 

defined in section 2339D(c)(1) of title 18, United 

States Code) from or on behalf of any organization 

that, at the time the training was received, was a 

terrorist organization (as defined in clause (vi)); or 

‘‘(IX) is the spouse or child of an alien who is 

inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years, is inadmissible.’’. 

78 

(b) ENGAGE IN TERRORIST ACTIVITY DEFINED.—Section 

212(a)(3)(B)(iv) of the Immigration and Nationality Act (8 U.S.C. 

1182(a)(3)(B)(iv)) is amended to read as follows: 

‘‘(iv) ENGAGE IN TERRORIST ACTIVITY DEFINED.—As 

used in this Act, the term ‘engage in terrorist activity’ 

means, in an individual capacity or as a member of an 

organization— 

‘‘(I) to commit or to incite to commit, under 

circumstances indicating an intention to cause 

death or serious bodily injury, a terrorist activity; 

‘‘(II) to prepare or plan a terrorist activity; 

‘‘(III) to gather information on potential targets for terrorist activity; 

‘‘(IV) to solicit funds or other things of value 

for— 

‘‘(aa) a terrorist activity; 

‘‘(bb) a terrorist organization described in 

clause (vi)(I) or (vi)(II); or 

‘‘(cc) a terrorist organization described in 

clause (vi)(III), unless the solicitor can demonstrate by clear and convincing evidence that 

he did not know, and should not reasonably 

have known, that the organization was a terrorist organization; 

‘‘(V) to solicit any individual— 

‘‘(aa) to engage in conduct otherwise described in this subsection; 

‘‘(bb) for membership in a terrorist organization described in clause (vi)(I) or (vi)(II); or 

‘‘(cc) for membership in a terrorist organization described in clause (vi)(III) unless the 

solicitor can demonstrate by clear and convincing evidence that he did not know, and 

should not reasonably have known, that the 

organization was a terrorist organization; or 

‘‘(VI) to commit an act that the actor knows, or 

reasonably should know, affords material support, 

including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, 

or radiological weapons), explosives, or training— 

‘‘(aa) for the commission of a terrorist activity; 

‘‘(bb) to any individual who the actor 

knows, or reasonably should know, has committed or plans to commit a terrorist activity; 

‘‘(cc) to a terrorist organization described 

in subclause (I) or (II) of clause (vi) or to any 

member of such an organization; or 

‘‘(dd) to a terrorist organization described 

in clause (vi)(III), or to any member of such an 

organization, unless the actor can demonstrate 

by clear and convincing evidence that the actor 

did not know, and should not reasonably have 

79 

known, that the organization was a terrorist 

organization.’’. 

(c) TERRORIST ORGANIZATION DEFINED.—Section 

212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 

1182(a)(3)(B)(vi)) is amended to read as follows: 

‘‘(vi) TERRORIST ORGANIZATION DEFINED.—As used 

in this section, the term ‘terrorist organization’ means 

an organization— 

‘‘(I) designated under section 219; 

‘‘(II) otherwise designated, upon publication in 

the Federal Register, by the Secretary of State in 

consultation with or upon the request of the Attorney General or the Secretary of Homeland Security, as a terrorist organization, after finding that 

the organization engages in the activities described 

in subclauses (I) through (VI) of clause (iv); or 

‘‘(III) that is a group of two or more individuals, whether organized or not, which engages in, 

or has a subgroup which engages in, the activities 

described in subclauses (I) through (VI) of clause 

(iv).’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this division, and 

these amendments, and section 212(a)(3)(B) of the Immigration and 

Nationality Act (8 U.S.C. 1182(a)(3)(B)), as amended by this section, 

shall apply to— 

(1) removal proceedings instituted before, on, or after the 

date of the enactment of this division; and 

(2) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such date. 

SEC. 104. WAIVER FOR CERTAIN GROUNDS OF INADMISSIBILITY. 

Section 212(d)(3) of the Immigration and Nationality Act (8 

U.S.C. 1182(d)(3)) is amended— 

(1) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’; 

(2) by striking ‘‘alien (A)’’ and inserting ‘‘alien (i)’’; 

(3) by striking ‘‘or (B)’’ and inserting ‘‘or (ii)’’; and 

(4) by adding at the end the following: 

‘‘(B)(i) The Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the Secretary of Homeland Security, after consultation with the Secretary 

of State and the Attorney General, may conclude in such Secretary’s 

sole unreviewable discretion that subsection (a)(3)(B)(i)(IV)(bb) or 

(a)(3)(B)(i)(VII) shall not apply to an alien, that subsection 

(a)(3)(B)(iv)(VI) shall not apply with respect to any material support 

an alien afforded to an organization or individual that has engaged 

in a terrorist activity, or that subsection (a)(3)(B)(vi)(III) shall not 

apply to a group solely by virtue of having a subgroup within the 

scope of that subsection. The Secretary of State may not, however, 

exercise discretion under this clause with respect to an alien once 

removal proceedings against the alien are instituted under section 

240. 

‘‘(ii) Not later than 90 days after the end of each fiscal year, the 

Secretary of State and the Secretary of Homeland Security shall 

each provide to the Committees on the Judiciary of the House of 

80 

Representatives and of the Senate, the Committee on International 

Relations of the House of Representatives, the Committee on Foreign 

Relations of the Senate, and the Committee on Homeland Security 

of the House of Representatives a report on the aliens to whom such 

Secretary has applied clause (i). Within one week of applying clause 

(i) to a group, the Secretary of State or the Secretary of Homeland 

Security shall provide a report to such Committees.’’. 

SEC. 105. REMOVAL OF TERRORISTS. 

(a) IN GENERAL.— 

(1) IN GENERAL.—Section 237(a)(4)(B) of the Immigration 

and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended to read 

as follows: 

‘‘(B) TERRORIST ACTIVITIES.—Any alien who is described in subparagraph (B) or (F) of section 212(a)(3) is 

deportable.’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect on the date of the enactment of this division, 

and the amendment, and section 237(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)), as amended 

by such paragraph, shall apply to— 

(A) removal proceedings instituted before, on, or after 

the date of the enactment of this division; and 

(B) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring 

or existing before, on, or after such date. 

(b) REPEAL.—Effective as of the date of the enactment of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 

108–458), section 5402 of such Act is repealed, and the Immigration 

and Nationality Act shall be applied as if such section had not been 

enacted. 

SEC. 106. JUDICIAL REVIEW OF ORDERS OF REMOVAL. 

(a) IN GENERAL.—Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended— 

(1) in subsection (a)— 

(A) in paragraph (2)— 

(i) in subparagraph (A), by inserting ‘‘(statutory or 

nonstatutory), including section 2241 of title 28, United 

States Code, or any other habeas corpus provision, and 

sections 1361 and 1651 of such title’’ after ‘‘Notwithstanding any other provision of law’’; 

(ii) in each of subparagraphs (B) and (C), by inserting ‘‘(statutory or nonstatutory), including section 

2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of 

such title, and except as provided in subparagraph (D)’’ 

after ‘‘Notwithstanding any other provision of law’’; 

and 

(iii) by adding at the end the following: 

‘‘(D) JUDICIAL REVIEW OF CERTAIN LEGAL CLAIMS.— 

Nothing in subparagraph (B) or (C), or in any other provision of this Act (other than this section) which limits or 

eliminates judicial review, shall be construed as precluding 

review of constitutional claims or questions of law raised 

81 

upon a petition for review filed with an appropriate court 

of appeals in accordance with this section.’’; and 

(B) by adding at the end the following: 

‘‘(4) CLAIMS UNDER THE UNITED NATIONS CONVENTION.— Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States 

Code, or any other habeas corpus provision, and sections 1361 

and 1651 of such title, a petition for review filed with an appropriate court of appeals in accordance with this section shall be 

the sole and exclusive means for judicial review of any cause or 

claim under the United Nations Convention Against Torture 

and Other Forms of Cruel, Inhuman, or Degrading Treatment 

or Punishment, except as provided in subsection (e). 

‘‘(5) EXCLUSIVE MEANS OF REVIEW.—Notwithstanding any 

other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas 

corpus provision, and sections 1361 and 1651 of such title, a petition for review filed with an appropriate court of appeals in 

accordance with this section shall be the sole and exclusive 

means for judicial review of an order of removal entered or 

issued under any provision of this Act, except as provided in 

subsection (e). For purposes of this Act, in every provision that 

limits or eliminates judicial review or jurisdiction to review, the 

terms ‘judicial review’ and ‘jurisdiction to review’ include habeas corpus review pursuant to section 2241 of title 28, United 

States Code, or any other habeas corpus provision, sections 

1361 and 1651 of such title, and review pursuant to any other 

provision of law (statutory or nonstatutory).’’; 

(2) in subsection (b)(9), by adding at the end the following: 

‘‘Except as otherwise provided in this section, no court shall 

have jurisdiction, by habeas corpus under section 2241 of title 

28, United States Code, or any other habeas corpus provision, 

by section 1361 or 1651 of such title, or by any other provision 

of law (statutory or nonstatutory), to review such an order or 

such questions of law or fact.’’; and 

(3) in subsection (g), by inserting ‘‘(statutory or nonstatutory), including section 2241 of title 28, United States Code, or 

any other habeas corpus provision, and sections 1361 and 1651 

of such title’’ after ‘‘notwithstanding any other provision of law’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection (a) 

shall take effect upon the date of the enactment of this division and 

shall apply to cases in which the final administrative order of removal, deportation, or exclusion was issued before, on, or after the 

date of the enactment of this division. 

(c) TRANSFER OF CASES.—If an alien’s case, brought under section 2241 of title 28, United States Code, and challenging a final 

administrative order of removal, deportation, or exclusion, is pending in a district court on the date of the enactment of this division, 

then the district court shall transfer the case (or the part of the case 

that challenges the order of removal, deportation, or exclusion) to 

the court of appeals for the circuit in which a petition for review 

could have been properly filed under section 242(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1252), as amended by this 

section, or under section 309(c)(4)(D) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 

82 

note). The court of appeals shall treat the transferred case as if it 

had been filed pursuant to a petition for review under such section 

242, except that subsection (b)(1) of such section shall not apply. 

(d) TRANSITIONAL RULE CASES.—A petition for review filed 

under former section 106(a) of the Immigration and Nationality Act 

(as in effect before its repeal by section 306(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 

1252 note)) shall be treated as if it had been filed as a petition for 

review under section 242 of the Immigration and Nationality Act (8 

U.S.C. 1252), as amended by this section. Notwithstanding any 

other provision of law (statutory or nonstatutory), including section 

2241 of title 28, United States Code, or any other habeas corpus 

provision, and sections 1361 and 1651 of such title, such petition for 

review shall be the sole and exclusive means for judicial review of 

an order of deportation or exclusion. 

TITLE II—IMPROVED SECURITY FOR 

DRIVERS’ LICENSES AND PERSONAL 

IDENTIFICATION CARDS 

SEC. 201. DEFINITIONS. 

In this title, the following definitions apply: 

(1) DRIVER’S LICENSE.—The term ‘‘driver’s license’’ means a 

motor vehicle operator’s license, as defined in section 30301 of 

title 49, United States Code. 

(2) IDENTIFICATION CARD.—The term ‘‘identification card’’ 

means a personal identification card, as defined in section 

1028(d) of title 18, United States Code, issued by a State. 

(3) OFFICIAL PURPOSE.—The term ‘‘official purpose’’ includes but is not limited to accessing Federal facilities, boarding federally regulated commercial aircraft, entering nuclear 

power plants, and any other purposes that the Secretary shall 

determine. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Homeland Security. 

(5) STATE.—The term ‘‘State’’ means a State of the United 

States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, 

the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. 

SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE 

STANDARDS FOR FEDERAL RECOGNITION. 

(a) MINIMUM STANDARDS FOR FEDERAL USE.— 

(1) IN GENERAL.—Beginning 3 years after the date of the 

enactment of this division, a Federal agency may not accept, for 

any official purpose, a driver’s license or identification card 

issued by a State to any person unless the State is meeting the 

requirements of this section. 

(2) STATE CERTIFICATIONS.—The Secretary shall determine 

whether a State is meeting the requirements of this section 

based on certifications made by the State to the Secretary. Such 

certifications shall be made at such times and in such manner 

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as the Secretary, in consultation with the Secretary of Transportation, may prescribe by regulation. 

(b) MINIMUM DOCUMENT REQUIREMENTS.—To meet the requirements of this section, a State shall include, at a minimum, the following information and features on each driver’s license and identification card issued to a person by the State: 

(1) The person’s full legal name. 

(2) The person’s date of birth. 

(3) The person’s gender. 

(4) The person’s driver’s license or identification card number. 

(5) A digital photograph of the person. 

(6) The person’s address of principle residence. 

(7) The person’s signature. 

(8) Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes. 

(9) A common machine-readable technology, with defined 

minimum data elements. 

(c) MINIMUM ISSUANCE STANDARDS.— 

(1) IN GENERAL.—To meet the requirements of this section, 

a State shall require, at a minimum, presentation and 

verification of the following information before issuing a driver’s license or identification card to a person: 

(A) A photo identity document, except that a non-photo 

identity document is acceptable if it includes both the person’s full legal name and date of birth. 

(B) Documentation showing the person’s date of birth. 

(C) Proof of the person’s social security account number 

or verification that the person is not eligible for a social security account number. 

(D) Documentation showing the person’s name and address of principal residence. 

(2) SPECIAL REQUIREMENTS.— 

(A) IN GENERAL.—To meet the requirements of this section, a State shall comply with the minimum standards of 

this paragraph. 

(B) EVIDENCE OF LAWFUL STATUS.—A State shall require, before issuing a driver’s license or identification card 

to a person, valid documentary evidence that the person— 

(i) is a citizen or national of the United States; 

(ii) is an alien lawfully admitted for permanent or 

temporary residence in the United States; 

(iii) has conditional permanent resident status in 

the United States; 

(iv) has an approved application for asylum in the 

United States or has entered into the United States in 

refugee status; 

(v) has a valid, unexpired nonimmigrant visa or 

nonimmigrant visa status for entry into the United 

States; 

(vi) has a pending application for asylum in the 

United States; 

(vii) has a pending or approved application for 

temporary protected status in the United States; 

84 

(viii) has approved deferred action status; or 

(ix) has a pending application for adjustment of 

status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States. 

(C) TEMPORARY DRIVERS’ LICENSES AND IDENTIFICA- TION CARDS.— (i) IN GENERAL.—If a person presents evidence 

under any of clauses (v) through (ix) of subparagraph 

(B), the State may only issue a temporary driver’s license or temporary identification card to the person. 

(ii) EXPIRATION DATE.—A temporary driver’s license or temporary identification card issued pursuant 

to this subparagraph shall be valid only during the period of time of the applicant’s authorized stay in the 

United States or, if there is no definite end to the period of authorized stay, a period of one year. 

(iii) DISPLAY OF EXPIRATION DATE.—A temporary 

driver’s license or temporary identification card issued 

pursuant to this subparagraph shall clearly indicate 

that it is temporary and shall state the date on which 

it expires. 

(iv) RENEWAL.—A temporary driver’s license or 

temporary identification card issued pursuant to this 

subparagraph may be renewed only upon presentation 

of valid documentary evidence that the status by which 

the applicant qualified for the temporary driver’s license or temporary identification card has been extended by the Secretary of Homeland Security. 

(3) VERIFICATION OF DOCUMENTS.—To meet the requirements of this section, a State shall implement the following procedures: 

(A) Before issuing a driver’s license or identification 

card to a person, the State shall verify, with the issuing 

agency, the issuance, validity, and completeness of each 

document required to be presented by the person under 

paragraph (1) or (2). 

(B) The State shall not accept any foreign document, 

other than an official passport, to satisfy a requirement of 

paragraph (1) or (2). 

(C) Not later than September 11, 2005, the State shall 

enter into a memorandum of understanding with the Secretary of Homeland Security to routinely utilize the automated system known as Systematic Alien Verification for 

Entitlements, as provided for by section 404 of the Illegal 

Immigration Reform and Immigrant Responsibility Act of 

1996 (110 Stat. 3009–664), to verify the legal presence status of a person, other than a United States citizen, applying 

for a driver’s license or identification card. 

(d) OTHER REQUIREMENTS.—To meet the requirements of this 

section, a State shall adopt the following practices in the issuance 

of drivers’ licenses and identification cards: 

(1) Employ technology to capture digital images of identity 

source documents so that the images can be retained in electronic storage in a transferable format. 

85 

(2) Retain paper copies of source documents for a minimum 

of 7 years or images of source documents presented for a minimum of 10 years. 

(3) Subject each person applying for a driver’s license or 

identification card to mandatory facial image capture. 

(4) Establish an effective procedure to confirm or verify a 

renewing applicant’s information. 

(5) Confirm with the Social Security Administration a social security account number presented by a person using the 

full social security account number. In the event that a social 

security account number is already registered to or associated 

with another person to which any State has issued a driver’s license or identification card, the State shall resolve the discrepancy and take appropriate action. 

(6) Refuse to issue a driver’s license or identification card 

to a person holding a driver’s license issued by another State 

without confirmation that the person is terminating or has terminated the driver’s license. 

(7) Ensure the physical security of locations where drivers’ 

licenses and identification cards are produced and the security 

of document materials and papers from which drivers’ licenses 

and identification cards are produced. 

(8) Subject all persons authorized to manufacture or 

produce drivers’ licenses and identification cards to appropriate 

security clearance requirements. 

(9) Establish fraudulent document recognition training programs for appropriate employees engaged in the issuance of 

drivers’ licenses and identification cards. 

(10) Limit the period of validity of all driver’s licenses and 

identification cards that are not temporary to a period that does 

not exceed 8 years. 

(11) In any case in which the State issues a driver’s license 

or identification card that does not satisfy the requirements of 

this section, ensure that such license or identification card— 

(A) clearly states on its face that it may not be accepted 

by any Federal agency for federal identification or any 

other official purpose; and 

(B) uses a unique design or color indicator to alert Federal agency and other law enforcement personnel that it 

may not be accepted for any such purpose. 

(12) Provide electronic access to all other States to information contained in the motor vehicle database of the State. 

(13) Maintain a State motor vehicle database that contains, 

at a minimum— 

(A) all data fields printed on drivers’ licenses and identification cards issued by the State; and 

(B) motor vehicle drivers’ histories, including motor vehicle violations, suspensions, and points on licenses. 

SEC. 203. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN 

FALSE IDENTIFICATION DOCUMENTS. 

(a) CRIMINAL PENALTY.—Section 1028(a)(8) of title 18, United 

States Code, is amended by striking ‘‘false authentication features’’ 

and inserting ‘‘false or actual authentication features’’. 

(b) USE OF FALSE DRIVER’S LICENSE AT AIRPORTS.— 

86 

(1) IN GENERAL.—The Secretary shall enter, into the appropriate aviation security screening database, appropriate information regarding any person convicted of using a false driver’s 

license at an airport (as such term is defined in section 40102 

of title 49, United States Code). 

(2) FALSE DEFINED.—In this subsection, the term ‘‘false’’ 

has the same meaning such term has under section 1028(d) of 

title 18, United States Code. 

SEC. 204. GRANTS TO STATES. 

(a) IN GENERAL.—The Secretary may make grants to a State to 

assist the State in conforming to the minimum standards set forth 

in this title. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary for each of the fiscal years 2005 

through 2009 such sums as may be necessary to carry out this title. 

SEC. 205. AUTHORITY. 

(a) PARTICIPATION OF SECRETARY OF TRANSPORTATION AND

STATES.—All authority to issue regulations, set standards, and 

issue grants under this title shall be carried out by the Secretary, 

in consultation with the Secretary of Transportation and the States. 

(b) EXTENSIONS OF DEADLINES.—The Secretary may grant to a 

State an extension of time to meet the requirements of section 

202(a)(1) if the State provides adequate justification for noncompliance. 

SEC. 206. REPEAL. 

Section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458) is repealed. 

SEC. 207. LIMITATION ON STATUTORY CONSTRUCTION. 

Nothing in this title shall be construed to affect the authorities 

or responsibilities of the Secretary of Transportation or the States 

under chapter 303 of title 49, United States Code. 

TITLE III—BORDER INFRASTRUCTURE 

AND TECHNOLOGY INTEGRATION 

SEC. 301. VULNERABILITY AND THREAT ASSESSMENT. 

(a) STUDY.—The Under Secretary of Homeland Security for 

Border and Transportation Security, in consultation with the Under 

Secretary of Homeland Security for Science and Technology and the 

Under Secretary of Homeland Security for Information Analysis 

and Infrastructure Protection, shall study the technology, equipment, and personnel needed to address security vulnerabilities within the United States for each field office of the Bureau of Customs 

and Border Protection that has responsibility for any portion of the 

United States borders with Canada and Mexico. The Under Secretary shall conduct follow-up studies at least once every 5 years. 

(b) REPORT TO CONGRESS.—The Under Secretary shall submit 

a report to Congress on the Under Secretary’s findings and conclusions from each study conducted under subsection (a) together with 

legislative recommendations, as appropriate, for addressing any security vulnerabilities found by the study. 

87 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Department of Homeland Security Directorate of Border and Transportation Security such sums as may be 

necessary for fiscal years 2006 through 2011 to carry out any such 

recommendations from the first study conducted under subsection 

(a). 

SEC. 302. USE OF GROUND SURVEILLANCE TECHNOLOGIES FOR BORDER SECURITY. 

(a) PILOT PROGRAM.—Not later than 180 days after the date of 

the enactment of this division, the Under Secretary of Homeland Security for Science and Technology, in consultation with the Under 

Secretary of Homeland Security for Border and Transportation Security, the Under Secretary of Homeland Security for Information 

Analysis and Infrastructure Protection, and the Secretary of Defense, shall develop a pilot program to utilize, or increase the utilization of, ground surveillance technologies to enhance the border security of the United States. In developing the program, the Under 

Secretary shall— 

(1) consider various current and proposed ground surveillance technologies that could be utilized to enhance the border 

security of the United States; 

(2) assess the threats to the border security of the United 

States that could be addressed by the utilization of such technologies; and 

(3) assess the feasibility and advisability of utilizing such 

technologies to address such threats, including an assessment of 

the technologies considered best suited to address such threats. 

(b) ADDITIONAL REQUIREMENTS.— (1) IN GENERAL.—The pilot program shall include the utilization of a variety of ground surveillance technologies in a variety of topographies and areas (including both populated and 

unpopulated areas) on both the northern and southern borders 

of the United States in order to evaluate, for a range of circumstances— 

(A) the significance of previous experiences with such 

technologies in homeland security or critical infrastructure 

protection for the utilization of such technologies for border 

security; 

(B) the cost, utility, and effectiveness of such technologies for border security; and 

(C) liability, safety, and privacy concerns relating to 

the utilization of such technologies for border security. 

(2) TECHNOLOGIES.—The ground surveillance technologies 

utilized in the pilot program shall include the following: 

(A) Video camera technology. 

(B) Sensor technology. 

(C) Motion detection technology. 

(c) IMPLEMENTATION.—The Under Secretary of Homeland Security for Border and Transportation Security shall implement the 

pilot program developed under this section. 

(d) REPORT.—Not later than 1 year after implementing the pilot 

program under subsection (a), the Under Secretary shall submit a 

report on the program to the Senate Committee on Commerce, 

Science, and Transportation, the House of Representatives Committee on Science, the House of Representatives Committee on 

88 

Homeland Security, and the House of Representatives Committee on 

the Judiciary. The Under Secretary shall include in the report a description of the program together with such recommendations as the 

Under Secretary finds appropriate, including recommendations for 

terminating the program, making the program permanent, or enhancing the program. 

SEC. 303. ENHANCEMENT OF COMMUNICATIONS INTEGRATION AND 

INFORMATION SHARING ON BORDER SECURITY. 

(a) IN GENERAL.—Not later than 180 days after the date of the 

enactment of this division, the Secretary of Homeland Security, acting through the Under Secretary of Homeland Security for Border 

and Transportation Security, in consultation with the Under Secretary of Homeland Security for Science and Technology, the Under 

Secretary of Homeland Security for Information Analysis and Infrastructure Protection, the Assistant Secretary of Commerce for Communications and Information, and other appropriate Federal, State, 

local, and tribal agencies, shall develop and implement a plan— 

(1) to improve the communications systems of the departments and agencies of the Federal Government in order to facilitate the integration of communications among the departments and agencies of the Federal Government and State, local 

government agencies, and Indian tribal agencies on matters relating to border security; and 

(2) to enhance information sharing among the departments 

and agencies of the Federal Government, State and local government agencies, and Indian tribal agencies on such matters. 

(b) REPORT.—Not later than 1 year after implementing the plan 

under subsection (a), the Secretary shall submit a copy of the plan 

and a report on the plan, including any recommendations the Secretary finds appropriate, to the Senate Committee on Commerce, 

Science, and Transportation, the House of Representatives Committee on Science, the House of Representatives Committee on 

Homeland Security, and the House of Representatives Committee on 

the Judiciary. 

TITLE IV—TEMPORARY WORKERS 

SEC. 401. SHORT TITLE. 

This title may be cited as the ‘‘Save Our Small and Seasonal 

Businesses Act of 2005’’. 

SEC. 402. NUMERICAL LIMITATIONS ON H–2B WORKERS. 

(a) IN GENERAL.—Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the 

following: 

‘‘(9)(A) Subject to subparagraphs (B) and (C), an alien who has 

already been counted toward the numerical limitations of paragraph (1)(B) during any 1 of the 3 fiscal years prior to the fiscal 

year of the approved start date of a petition for a nonimmigrant 

worker described in section 101(a)(15)(H)(ii)(b) shall not be counted 

toward such limitation for the fiscal year in which the petition is 

approved. Such an alien shall be considered a returning worker. 

‘‘(B) A petition referred to in subparagraph (A) shall include, 

with respect to a returning worker— 

89 

‘‘(i) all information and evidence that the Secretary of 

Homeland Security determines is required to support a petition 

for status under section 101(a)(15)(H)(ii)(b); 

‘‘(ii) the full name of the alien; and 

‘‘(iii) a certification to the Department of Homeland Security that the alien is a returning worker. 

‘‘(C) An H–2B visa or grant of nonimmigrant status for a returning worker shall be approved only if the alien is confirmed to 

be a returning worker by— 

‘‘(i) the Department of State; or 

‘‘(ii) if the alien is visa exempt or seeking to change to status under section 101 (a)(15)(H)(ii)(b), the Department of Homeland Security.’’. 

(b) EFFECTIVE DATE.— (1) IN GENERAL.—The amendment in subsection (a) shall 

take effect as if enacted on October 1, 2004, and shall expire on 

October 1, 2006. 

(2) IMPLEMENTATION.—Not later than 14 days after the 

date of the enactment of this Act, the Secretary of Homeland Security shall begin accepting and processing petitions filed on behalf of aliens described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act, in a manner consistent with 

this section and the amendments made by this section. Notwithstanding section 214(g)(9)(B) of such Act, as added by subsection (a), the Secretary of Homeland Security shall allocate 

additional numbers for fiscal year 2005 based on statistical estimates and projections derived from Department of State data. 

SEC. 403. FRAUD PREVENTION AND DETECTION FEE. 

(a) IMPOSITION OF FEE.—Section 214(c) of the Immigration and 

Nationality Act (8 U.S.C. 1184(c)), as amended by section 426(a) of 

division J of the Consolidated Appropriations Act, 2005 (Public Law 

108–447), is amended by adding at the end the following: 

‘‘(13)(A) In addition to any other fees authorized by law, the 

Secretary of Homeland Security shall impose a fraud prevention 

and detection fee on an employer filing a petition under paragraph 

(1) for nonimmigrant workers described in section 

101(a)(15)(H)(ii)(b). 

‘‘(B) The amount of the fee imposed under subparagraph (A) shall be $150.’’. 

(b) USE OF FEES.— (1) FRAUD PREVENTION AND DETECTION ACCOUNT.—Subsection (v) of section 286 of the Immigration and Nationality 

Act (8 U.S.C. 1356), as added by section 426(b) of division J of 

the Consolidated Appropriations Act, 2005 (Public Law 108– 

447), is amended— 

(A) in paragraphs (1), (2)(A), (2)(B), (2)(C), and (2)(D) 

by striking ‘‘H1–B and L’’ each place it appears; 

(B) in paragraph (1), as amended by subparagraph (A), 

by striking ‘‘section 214(c)(12)’’ and inserting ‘‘paragraph 

(12) or (13) of section 214(c)’’; 

(C) in paragraphs (2)(A)(i) and (2)(B), as amended by 

subparagraph (A), by striking ‘‘(H)(i)’’ each place it appears 

and inserting ‘‘(H)(i), (H)(ii),’’; and 

(D) in paragraph (2)(D), as amended by subparagraph 

(A), by inserting before the period at the end ‘‘or for proVerDate Aug 04 2004 10:26 May 05, 2005 Jkt 020930 PO 00000 Frm 00089 Fmt 6659 Sfmt 6603 E:\HR\OC\HR072.XXX HR072
90 

grams and activities to prevent and detect fraud with respect to petitions under paragraph (1) or (2)(A) of section 

214(c) to grant an alien nonimmigrant status described in 

section 101(a)(15)(H)(ii)’’. 

(2) CONFORMING AMENDMENT.—The heading of such subsection (v) of section 286 is amended by striking ‘‘H1–B and L’’. 

(c) EFFECTIVE DATE.—The amendments made by subsections (a) 

and (b) shall take effect 14 days after the date of the enactment of 

this Act and shall apply to filings for a fiscal year after fiscal year 

2005. 

SEC. 404. SANCTIONS. 

(a) IN GENERAL.—Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)), as amended by section 403, is further amended by adding at the end the following: 

‘‘(14)(A) If the Secretary of Homeland Security finds, after notice and an opportunity for a hearing, a substantial failure to meet 

any of the conditions of the petition to admit or otherwise provide 

status to a nonimmigrant worker under section 101(a)(15)(H)(ii)(b) 

or a willful misrepresentation of a material fact in such petition— 

‘‘(i) the Secretary of Homeland Security may, in addition to 

any other remedy authorized by law, impose such administrative remedies (including civil monetary penalties in an amount 

not to exceed $10,000 per violation) as the Secretary of Homeland Security determines to be appropriate; and 

‘‘(ii) the Secretary of Homeland Security may deny petitions 

filed with respect to that employer under section 204 or paragraph (1) of this subsection during a period of at least 1 year 

but not more than 5 years for aliens to be employed by the employer. 

‘‘(B) The Secretary of Homeland Security may delegate to the 

Secretary of Labor, with the agreement of the Secretary of Labor, 

any of the authority given to the Secretary of Homeland Security 

under subparagraph (A)(i). 

‘‘(C) In determining the level of penalties to be assessed under 

subparagraph (A), the highest penalties shall be reserved for willful 

failures to meet any of the conditions of the petition that involve 

harm to United States workers. 

‘‘(D) In this paragraph, the term ‘substantial failure’ means the 

willful failure to comply with the requirements of this section that 

constitutes a significant deviation from the terms and conditions of 

a petition.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on October 1, 2005. 

SEC. 405. ALLOCATION OF H–2B VISAS OR H–2B NONIMMIGRANT STATUS DURING A FISCAL YEAR. 

Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 

1184(g)), as amended by section 402, is further amended by adding 

at the end the following new paragraph: 

‘‘(10) The numerical limitations of paragraph (1)(B) shall be allocated for a fiscal year so that the total number of aliens subject 

to such numerical limits who enter the United States pursuant to 

a visa or are accorded nonimmigrant status under section 

101(a)(15)(H)(ii)(b) during the first 6 months of such fiscal year is 

not more than 33,000.’’. 

91 

SEC. 406. SUBMISSION TO CONGRESS OF INFORMATION REGARDING 

H–2B NONIMMIGRANTS. 

Section 416 of the American Competitiveness and Workforce Improvement Act of 1998 (title IV of division C of Public Law 105–277; 

8 U.S.C. 1184 note) is amended— 

(1) by striking ‘‘Attorney General’’ each place that term appears and inserting ‘‘Secretary of Homeland Security’’; and 

(2) by adding at the end the following new subsection: 

‘‘(d) PROVISION OF INFORMATION.— 

‘‘(1) SEMIANNUAL NOTIFICATION.—Beginning not later than 

March 1, 2006, the Secretary of Homeland Security and the 

Secretary of State shall notify, on a semiannual basis, the Committees on the Judiciary of the House of Representatives and 

the Senate of the number of aliens who during the preceding 1- 

year period— 

‘‘(A) were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(ii)(b) of the 

Immigration and Nationality Act (8 U.S.C. 

1101(a)(15)(H)(ii)(b)); or 

‘‘(B) had such a visa or such status be revoked or otherwise terminated. 

‘‘(2) ANNUAL SUBMISSION.—Beginning in fiscal year 2007, 

the Secretary of Homeland Security and the Secretary of State 

shall submit, on an annual basis, to the Committees on the Judiciary of the House of Representatives and the Senate— 

‘‘(A) information on the countries of origin of, occupations of, and compensation paid to aliens who were issued 

visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality 

Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) during the previous fiscal year; 

‘‘(B) the number of aliens who had such a visa or such 

status expire or be revoked or otherwise terminated during 

each month of such fiscal year; and 

‘‘(C) the number of aliens who were provided nonimmigrant status under such section during both such fiscal year and the preceding fiscal year. 

‘‘(3) INFORMATION MAINTAINED BY STATE.—If the Secretary 

of Homeland Security determines that information maintained 

by the Secretary of State is required to make a submission described in paragraph (1) or (2), the Secretary of State shall provide such information to the Secretary of Homeland Security 

upon request.’’. 

SEC. 407. EXEMPTION FROM ADMINISTRATIVE PROCEDURE ACT. 

The requirements of chapter 5 of title 5, United States Code 

(commonly referred to as the ‘‘Administrative Procedure Act’’) or any 

other law relating to rulemaking, information collection or publication in the Federal Register, shall not apply to any action to implement sections 402, 403, and 405 or the amendments made by such 

sections to the extent the Secretary Homeland Security, the Secretary of Labor, or the Secretary of State determine that compliance 

with any such requirement would impede the expeditious implementation of such sections or the amendments made by such sections. 

92 

TITLE V—OTHER CHANGES TO PROVISIONS GOVERNING NONIMMIGRANT 

AND IMMIGRANT VISAS 

SEC. 501. RECIPROCAL VISAS FOR NATIONALS OF AUSTRALIA. 

(a) IN GENERAL.—Section 101(a)(15)(E) of the Immigration and 

Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended— 

(1) by adding at the end ‘‘or (iii) solely to perform services 

in a specialty occupation in the United States if the alien is a 

national of the Commonwealth of Australia and with respect to 

whom the Secretary of Labor determines and certifies to the 

Secretary of Homeland Security and the Secretary of State that 

the intending employer has filed with the Secretary of Labor an 

attestation under section 212(t)(1);’’; and 

(2) in clause (i), by striking ‘‘or’’ after ‘‘national;’’. 

(b) NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.— 

Section 214(g) of such Act (8 U.S.C. 1184(g)), as amended by section 

405, is further amended by adding at the end the following new 

paragraph: 

‘‘(11)(A) The Secretary of State may not approve a number of 

initial applications submitted for aliens described in section 

101(a)(15)(E)(iii) that is more than the applicable numerical limitation set out in this paragraph. 

‘‘(B) The applicable numerical limitation referred to in subparagraph (A) is 10,500 for each fiscal year. 

‘‘(C) The applicable numerical limitation referred to in subparagraph (A) shall only apply to principal aliens and not to the spouses 

or children of such aliens.’’. 

(c) SPECIALTY OCCUPATION DEFINED.—Section 214(i)(1) of such 

Act (8 U.S.C. 1184(i)(1)) is amended by inserting ‘‘, section 

101(a)(15)(E)(iii),’’ after ‘‘section 101(a)(15)(H)(i)(b)’’. 

(d) ATTESTATION.—Section 212(t) of such Act (8 U.S.C. 1182(t)), 

as added by section 402(b)(2) of the United States-Chile Free Trade 

Agreement Implementation Act (Public Law 108–77; 117 Stat. 941), 

is amended— 

(1) by inserting ‘‘or section 101(a)(15)(E)(iii)’’ after ‘‘section 

101(a)(15)(H)(i)(b1)’’ each place it appears; and 

(2) in paragraphs (3)(C)(i)(II), (3)(C)(ii)(II), and 

(3)(C)(iii)(II) by striking ‘‘or 101(a)(15)(H)(i)(b1)’’ each place it 

appears and inserting ‘‘101(a)(15)(H)(i)(b1), or 

101(a)(15)(E)(iii)’’. 

SEC. 502. VISAS FOR NURSES. 

Section 106(d) of the American Competitiveness in the Twentyfirst Century Act of 2000 (Public Law 106–313; 8 U.S.C. 1153 note) 

is amended— 

(1) in paragraph (1), by inserting before the period at the 

end of the second sentence ‘‘and any such visa that is made 

available due to the difference between the number of employment-based visas that were made available in fiscal year 2001, 

2002, 2003, or 2004 and the number of such visas that were actually used in such fiscal year shall be available only to employment-based immigrants (and their family members accompanying or following to join under section 203(d) of such Act (8 

93 

U.S.C. 1153(d))) whose immigrant worker petitions were approved based on schedule A, as defined in section 656.5 of title 

20, Code of Federal Regulations, as promulgated by the Secretary of Labor’’; 

(2) in paragraph (2)(A), by striking ‘‘and 2000’’ and inserting ‘‘through 2004’’; and 

(3) in paragraph (2), by amending subparagraph (B) to 

read as follows: 

‘‘(B)(i) REDUCTION.—The number described in subparagraph (A) shall be reduced, for each fiscal year after fiscal 

year 2001, by the cumulative number of immigrant visas 

actually used under paragraph (1) for previous fiscal years. 

‘‘(ii) MAXIMUM.—The total number of visas actually 

used under paragraph (1) may not exceed 50,000.’’. 

And the Senate agree to the same. 

That the House recede from its disagreement to the amendment of the Senate to the title of the bill and concur in the same. 

JERRY LEWIS, 

C. W. BILL YOUNG, 

RALPH REGULA, 

HAROLD ROGERS, 

FRANK R. WOLF, 

JIM KOLBE, 

JAMES T. WALSH, 

CHARLES H. TAYLOR, 

DAVID L. HOBSON, 

HENRY BONILLA, 

JOE KNOLLENBERG, 

JOHN P. MURTHA, 

NORMAN D. DICKS, 

ALAN B. MOLLOHAN, 

PETER J. VISCLOSKY, 

CHET EDWARDS, Managers on the Part of the House. 

THAD COCHRAN, 

TED STEVENS, 

PETE V. DOMENICI, 

CHRISTOPHER S. BOND, 

MITCH MCCONNELL, 

RICHARD C. SHELBY, 

JUDD GREGG, 

ROBERT F. BENNETT, 

LARRY CRAIG, 

KAY BAILEY HUTCHISON, 

MIKE DEWINE, 

SAM BROWNBACK, 

WAYNE ALLARD, 

ROBERT C. BYRD, 

DANIEL K. INOUYE, 

PATRICK LEAHY

(with exception for REAL 

ID), 

TOM HARKIN

94 

(with exception for REAL 

ID), 

BARBARA MIKULSKI

(with exception for REAL 

ID), 

HARRY REID

(with exception for REAL 

ID), 

BYRON L. DORGAN

(with res.—conference did 

not reconvene), 

DIANNE FEINSTEIN

(with exception for REAL 

ID), 

TIM JOHNSON, 

MARY LANDRIEU, 

Managers on the Part of the Senate. 

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF 

CONFERENCE 

The managers on the part of the House and the Senate at the 

conference on the disagreeing votes of the two Houses on the 

amendments of the Senate to the bill (H.R. 1268) making emergency supplemental appropriations for the fiscal year ending September 30, 2005, and for other purposes, submit the following joint 

statement to the House and the Senate in explanation of the effects 

of the action agreed upon by the managers and recommended in 

the accompanying conference report. 

Report language included in the reports of the House (H. Rept. 

109–16) and of the Senate (S. Rept. 109–52) accompanying H.R. 

1268 should be complied with unless specifically addressed in this 

statement of the managers. The statement of the managers, while 

repeating some report language for emphasis, is not intended to negate the language referred to above unless expressly provided herein. 

This conference agreement is organized by subject matter. Due 

to certain jurisdictional differences between the subcommittees of 

the House and the Senate Committees on Appropriations, the accounts and programs of certain subcommittees are, in some cases, 

displayed within titles or chapters with the accounts and programs 

of other subcommittees. The organizational structure of this conference agreement does not predetermine the organization of conference agreements on the fiscal year 2006 appropriations bills. 

TITLE I—DEFENSE-RELATED APPROPRIATIONS 

The conference agreement recommends $75,888,262,000 for the 

Department of Defense, instead of $76,923,910,000, as proposed by 

the House, and $74,800,257,000, as proposed by the Senate. 

The following table provides details of the supplemental appropriations for the Department of Defense—Military. 

95 


Insert graphic folio 249 here HR72.001
96 


Insert graphic folio 250 here HR72.002
97 

MEASURING STABILITY AND SECURITY IN IRAQ

In the wake of the recent Iraqi elections, public discourse about 

the U.S. occupation of that country has focused on the need for and 

the advisability of declaring a timetable for U.S. military withdrawal. Instead of focusing on exit strategies, however, the conferees believe there is a need to recast this debate by considering 

‘‘strategies for success’’. Success in Iraq will be achieved, of course, 

only to the extent any new Iraqi government can legitimately and 

effectively rule the country, which in turn largely depends on that 

government’s ability to protect its people and secure its borders. 

The discussion on this issue should not be simply about how 

many Iraqi forces have been trained and equipped, but about how 

many can perform to reasonable standards so that they may be expected to successfully conduct their assigned missions. This is the 

basis for assessing U.S. military readiness, and should serve as the 

basis for judging the capabilities of Iraqi security forces. 

The conferees believe that the Administration must develop 

and provide to the Congress a more comprehensive set of performance indicators and measures of stability and security in Iraq than 

is currently available. This undoubtedly will lead to a more informed debate over how best to allocate U.S. resources to help secure Iraq. As such, the conferees direct the Secretary of Defense (in 

consultation with other appropriate members of the National Security Council) to provide a report to the Speaker of the House of 

Representatives, the Majority Leader of the Senate, and the congressional defense committees that identifies security, economic, 

and Iraqi security force training performance standards and goals, 

accompanied by a notional timetable for achieving these goals. At 

a minimum, the report should include detailed descriptions of the 

following: 

Stability and Security in Iraq: 

• Key measures of political stability, including the important 

political milestones that must be achieved over the next several 

years. 

• The primary indicators of a stable security environment in 

Iraq, such as number of engagements per day, numbers of trained 

Iraqi forces, trends describing numbers and types of ethnic and religious-based hostile encounters, and so on. In addition, the report 

should include: 

—The estimated strength of the Iraqi insurgency and the extent to 

which it is composed of non-Iraqi fighters; and, 

—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. 

• The key indicators of economic activity that should be considered as the most important for determining the prospects of stability in Iraq, including: unemployment levels; electricity, water, 

and oil production rates; and hunger and poverty levels. 

• The criteria the Administration will use to determine when 

it is safe to begin withdrawing our forces from Iraq. 

Security Force Training and Performance: 

• The training Iraqi military and other Ministry of Defense 

forces have received and what equipment they are using. In parVerDate Aug 04 2004 10:26 May 05, 2005 Jkt 020930 PO 00000 Frm 00097 Fmt 6659 Sfmt 6601 E:\HR\OC\HR072.XXX HR072
98 

ticular, the report should include the key criteria for assessing the 

capabilities and readiness of the Iraqi military 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. 

• The operational readiness status of the Iraqi military forces, 

including: the type, number, size, and organizational structure of 

Iraqi battalions that are: 

—Capable of conducting counterinsurgency operations independently; 

—Capable of conducting counterinsurgency operations with the 

support of U.S. or coalition forces; and, 

—Not ready to conduct counterinsurgency operations. 

• The rates of absenteeism in the Iraqi military forces and the 

extent to which insurgents have infiltrated these forces. 

• The training Iraqi police and other Ministry of Interior forces 

have received and what equipment they are using. In particular, 

the report should include the key criteria for assessing the capabilities and readiness of these 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. This should include: 

—The number of police recruits that have received classroom training and the duration of such instruction; 

—The number of veteran police officers who have received classroom instruction and the duration of such instruction; 

—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; 

—The number of Iraqi police forces who have received field training by international police trainers and the duration of such instruction; and, 

—Attrition rates and measures of absenteeism and infiltration by 

insurgents. 

• The estimated total number of Iraqi battalions needed for 

the Iraqi security forces to perform duties now being undertaken 

by coalition forces, including defending Iraq’s borders and providing 

adequate levels of law and order throughout the country. 

• The effectiveness of the Iraqi military and police officer cadres and the chain of command. 

• The number of U.S. and coalition advisors needed to support 

the Iraqi security forces and associated ministries. 

Finally, the conferees direct the Secretary to include in this report (or classified annex to the report, as necessary) an assessment 

of U.S. military requirements, including planned force rotations, 

through the end of calendar year 2006. The conferees direct the 

Secretary to submit this report not later than 60 days after the enactment of this Act, and every 90 days thereafter through the end 

of fiscal year 2006. 

CLASSIFIED PROGRAMS

Recommended adjustments to classified programs are addressed in a classified annex accompanying this report. 

99 

VETERAN-OWNED BUSINESSES

The conferees are aware that Presidential Executive Order 

13360, issued on October 20, 2004, established a goal of not less 

than 3 percent for participation by service-disabled veteran-owned 

businesses in Federal contracting with the Department of Defense 

and all Federal agencies. The conferees note with concern that the 

Department is far from reaching that goal with only 0.2 percent of 

total prime contracts and 0.3 percent of total subcontracts awarded 

to service-disabled veteran-owned business in fiscal year 2003. The 

conferees would encourage the Department to follow the intent of 

Executive Order 13360 and make every effort to increase contracting opportunities with service-disabled veteran-owned businesses and to report to the congressional defense committees not 

later than September 30, 2005 a plan of action to reach the goal 

established by the President. 

MILITARY PERSONNEL 

The conference agreement recommends $17,446,686,000 for the Military Personnel accounts, instead of $17,067,094,000 as proposed by the House, and $17,531,786,000 as proposed by the Senate. Adjustments to the Military Personnel accounts are shown 

below: 

100 


Insert graphic folio 259 here HR72.003
101 


Insert graphic folio 260 here HR72.004
102 

OPERATION AND MAINTENANCE 

The conference agreement recommends $37,100,948,000 for the 

Operation and maintenance accounts, instead of $37,568,336,000 as 

proposed by the House, and $37,438,852,000 as proposed by the 

Senate. Adjustments to the Operation and maintenance accounts 

are shown below: 

103 


Insert graphic folio 261A here HR72.005
104 


Insert graphic folio 262 here HR72.006
105 


Insert graphic folio 263 here HR72.007
106 


Insert graphic folio 264 here HR72.008
107 

MEDICAL SUPPORT FOR TACTICAL UNITS

The conferees recommend an increase of $150,000,000 in Operation and Maintenance, Army, to address medical requirements for 

those tactical units currently deployed to or returning from the 

Iraq or Afghanistan theaters. The conferees encourage the Department of the Army to focus these funds on the replenishment of 

medical supply and equipment needs within the combat theaters, 

to include bandages and other blood-clotting supplies that utilize 

advanced hemostatic, wound-dressing technologies, and on the provision of medical care for soldiers who have returned home in a 

medical holdover status. 

CRITICAL MEDICAL RESEARCH

The conferees believe the military treatment facilities and 

other medical research and teaching organizations of the Department of Defense are playing a critical role in support of our forces 

serving in harm’s way in Iraq and Afghanistan. The conferees note 

that these facilities and organizations have provided and are continuing to provide much needed improvements in critical care for 

military personnel who have been wounded in battle. 

The conferees recognize the need for maintaining all of our 

military medical facilities in time of war, believing the continuation 

of this capability to be of the highest importance. As such, the conferees direct that funding available to the Department of Defense 

should not be used to close any military medical facility which is 

conducting critical medical research, or medical training, or caring 

for wounded soldiers. 

TELEPHONE CALLING CARDS FOR INJURED SERVICEMEMBERS

The conferees commend the individuals, organizations, and corporations who have donated telephone cards for use by injured 

servicemembers recuperating from injuries sustained while serving 

in the Global War on Terrorism. The conferees encourage the Services to distribute the donated cards to all military treatment facilities providing care to those injured during contingency operations. 

The Services should also ensure that servicemembers recuperating 

in Fisher Houses, Malone Houses, or similar rehabilitation facilities are provided phone cards on a similar basis. 

POST DEPLOYMENT STAND-DOWN PROGRAM

The conferees are aware of the success of the Air National 

Guard’s Post Deployment Stand-down Program. The conferees direct the Director, Army National Guard, in consultation with the 

Director, Air National Guard, to assess the feasibility and advisability of implementing a similar program for the Army National 

Guard. The Director, Army National Guard shall report his findings and recommendations to the congressional defense committees 

not later than September 30, 2005. 

OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID

The conference agreement does not include $10,000,000 for 

Overseas Humanitarian, Disaster and Civic Aid proposed by the 

House. 

108 

AFGHANISTAN SECURITY FORCES FUND

The conference agreement includes $1,285,000,000 for the Afghanistan Security Forces Fund to accelerate efforts to provide assistance to Afghan Security Forces. The agreement includes a 

transfer of $290,000,000 from this fund to the Operation and Maintenance, Army account, as proposed by the Senate. 

IRAQ SECURITY FORCES FUND

The conference agreement includes $5,700,000,000 for the Iraq 

Security Forces Fund to accelerate efforts to provide assistance to 

Iraqi Security Forces. The agreement includes a transfer of 

$210,000,000 from this fund to the Operation and Maintenance, 

Army account, as proposed by the Senate. 

PROCUREMENT 

The conference agreement includes a total of $17,378,594,000 

for various procurement appropriations, instead of $18,317,255,000 

as proposed by the House and $15,872,045,000 as proposed by the 

Senate. 

The following table identifies changes made to the request and 

other funding provided. 

109 


Insert graphic folio 270 here HR72.009
110 


Insert graphic folio 271 here HR72.010
111 


Insert graphic folio 272 here HR72.011
112 


Insert graphic folio 273 here HR72.012
113 


Insert graphic folio 274 here HR72.013
114 


Insert graphic folio 275 here HR72.014
115 

MODULARITY

The conferees direct the Secretary of Defense to submit to the 

congressional defense committees a report, not later than September 1, 2005, detailing the Department of Defense’s long-range 

plan for executing and funding the Army’s Modular Force initiative 

(Modularity). The report should identify personnel and equipment 

requirements, unit restructuring timelines, and associated costs. In 

addition, the conferees are concerned that the budgeting methods 

employed to support this initiative may result in inefficient program management and acquisition practices. Accordingly, the conferees direct that this report also include DoD plans to review 

multi-year procurement authority or any other measures to ensure 

the DoD can contract for required equipment as efficiently as possible. 

UP-ARMORED HMMWV REPORTING REQUIREMENT

The conferees direct the Secretary of Defense to submit a report to the congressional defense committees not later than 60 days 

after enactment of this Act, and every 60 days thereafter until the 

termination of Operation Iraqi Freedom, setting forth the current 

requirements of the Armed Forces for Up-Armored High Mobility 

Multipurpose Wheeled Vehicles (HMMWVs). In addition, the conferees direct the Secretary of Defense to submit a report to the congressional defense committees not later than 60 days after enactment of this Act setting forth the most effective and efficient options available to the Department of Defense for transporting UpArmored HMMWVs to Iraq and Afghanistan. 

JOINT IMPROVISED EXPLOSIVE DEVICE (IED) NEUTRALIZER

Improvised Explosive Devices (IEDs) continue to kill and seriously injure U.S. Service men and women as they prosecute the 

Global War on Terrorism. The conferees are deeply concerned that 

currently employed counter-IED technology has failed to achieve 

desired results for our warfighters. The conferees are aware of a 

new direct discharge technology, known as Joint IED Neutralizer 

or JIN, which has recently demonstrated the capability to effectively neutralize IEDs. The conferees strongly encourage the Department of Defense to procure and employ JIN for counter-IED 

operations. 

LITENING PODS

The conferees clarify that funding in the bill for additional F/ 

A–18 LITENING pods is available for all Expeditionary Marine 

Corps F/A–18 aircraft. 

SPECIAL OPERATIONS COMMAND

The conference agreement provides $475,627,000, an increase 

of $55,000,000 above the President’s request, as proposed by the 

House, for equipment required by the United States Special Operations Command (USSOCOM) to prosecute the Global War on Terrorism. The conferees agree that from the additional funding provided $20,000,000 shall be for the procurement of Multi-Band/Multi 

Mission radios and that $5,000,000 shall be for Silver Fox UnVerDate Aug 04 2004 10:26 May 05, 2005 Jkt 020930 PO 00000 Frm 00115 Fmt 6659 Sfmt 6601 E:\HR\OC\HR072.XXX HR072
116 

manned Aerial Vehicles. The conferees have adjusted the amounts 

in the project level table for the Communications Equipment and 

Electronics and the Small Arms and Weapons lines accordingly. 

The conferees are aware that, subsequent to the submission of the 

President’s request, another Special Operations Combat Talon II 

aircraft was lost, significantly diminishing the combat capabilities 

of USSOCOM. The conferees agree that the remaining $30,000,000 

of the funds provided above the request shall be used for a combat 

loss replacement aircraft. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

The conference agreement provides a total of $587,282,000 for 

Research, Development, Test and Evaluation appropriations, instead of $508,321,000 as proposed by the House, and $552,322,000, 

as proposed by the Senate. The following table identifies changes 

made to the request and other funding provided. 

117 


Insert Graphic folio 280 here HR72.015
118 

HIGH SPEED, HEAVY LIFT, SHALLOW DRAFT-CAPABLE WATERCRAFT

DEMONSTRATION

The Department of Defense Appropriations Act, 2005 (Public 

Law 108–287) appropriated $6,300,000 under ‘‘Research, Development, Test and Evaluation, Navy’’ for the Varicraft program. To 

clarify the intent of Congress, the funding provided for this program in P. L. 108–287 is intended for the High Speed, Heavy Lift, 

Shallow Draft-Capable Watercraft Demonstration. 

DDX PERMANENT MAGNET MOTOR

The conferees agree with language included in the Senate report regarding the DDX permanent magnet motor and direct that 

not less than $5,000,000 of the funds provided in this Act for ‘‘Research, Development, Test and Evaluation, Navy’’ be made available for this program. 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

The conference agreement includes $1,511,300,000 for the Defense Working Capital Funds, instead of $1,411,300,000 as proposed by the House, and $1,311,300,000 as proposed by the Senate, 

to be allocated as follows: 

[In thousands of dollars] 

Conference 

Defense Logistics Agency (DLA) Fuel Costs. ................................................. $842,300 

Military Sealift Command Fuel Costs ........................................................... 67,000 

DLA Fuel Delivery Costs ................................................................................ 402,000 

Navy Working Capital Fund ........................................................................... 200,000 

NATIONAL DEFENSE SEALIFT FUND

The conference agreement provides $32,400,000, as proposed 

by both the House and the Senate. 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

The conference agreement provides $210,550,000 for the Defense Health Program, instead of $175,550,000 as proposed by the 

House and $225,550,000 as proposed by the Senate. The increase 

above the request is directed to fund additional workload at Army 

military treatment facilities as a result of the global war on terrorism, including mental health and combat stress related care. 

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY

The conferees strongly endorse the Senate Report language in 

its entirety with respect to Chemical Agents and Munitions Destruction and direct the Department of Defense to fully comply 

with the two reporting requirements therein. 

119 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

The conference agreement provides $242,000,000, instead of 

$257,000,000 as proposed by the House, and $227,000,000 as proposed by the Senate. 

OFFICE OF THE INSPECTOR GENERAL

The conference agreement provides $148,000 as proposed by 

both the House and the Senate. 

RELATED AGENCIES 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

The conference agreement provides $250,300,000 as proposed 

by both the House and the Senate. 

MILITARY CONSTRUCTION, ARMY

The conference agreement includes $847,191,000, instead of 

$930,100,000 as proposed by the House and $897,191,000 as proposed by the Senate. The conference agreement also makes these 

funds available until September 30, 2006 as proposed by the 

House, instead of September 30, 2007 as proposed by the Senate. 

The funds are provided as follows: 

Location Project description Request Conference 

agreement 

Alaska: Fort Wainwright ............................... Aircraft Maintenance Hangar ...................... $31,000,000 $31,000,000 

Alaska: Fort Wainwright ............................... Site Preparation and Utility Work ............... 11,000,000 11,000,000 

Colorado: Fort Carson ................................... Barracks—Mobilization and Training ......... 26,000,000 26,000,000 

Georgia: Fort Benning .................................. Site Preparation and Utility Work ............... 10,000,000 10,000,000 

Kansas: Fort Riley ........................................ Barracks—Mobilization and Training ......... 22,000,000 22,000,000 

Kansas: Fort Riley ........................................ Site Preparation and Utility Work ............... 25,000,000 25,000,000

New York: Fort Drum .................................... Aircraft Hangar and Site Preparation ......... 37,000,000 37,000,000 

North Carolina: Fort Bragg ........................... Site Preparation and Utility Work ............... 19,000,000 19,000,000 

Texas: Fort Bliss ........................................... Barracks—Mobilization and Training ......... 22,000,000 22,000,000 

Texas: Fort Bliss ........................................... Site Preparation and Utility Work ............... 47,000,000 47,000,000 

Afghanistan: Bagram ................................... CMU Barracks .............................................. 16,100,000 16,100,000 

Afghanistan: Bagram ................................... Fuel Tank Farm ........................................... 57,000,000 ........................

Afghanistan: Bagram ................................... JSOTF–A Joint Operations Center ................ 6,400,000 6,400,000 

Afghanistan: Bagram ................................... Prime Power Generator ................................ 31,600,000 ........................

Afghanistan: Kandahar ................................ Ammunition Supply Point ............................ 16,000,000 16,000,000 

Cuba: Guantanamo Bay ............................... Camp 6 Detention Facility .......................... 36,000,000 36,000,000 

Cuba: Guantanamo Bay ............................... Radio Range Security Fence ....................... 4,400,000 4,400,000 

Iraq: Camp Hope .......................................... CMU Barracks .............................................. 2,500,000 2,500,000 

Iraq: Camp Taji ............................................ CMU Barracks .............................................. 24,600,000 24.600,000 

Iraq: Camp Warrior ....................................... Medical Facility ............................................ 7,500,000 7,500,000 

Iraq: Camp Warrior ....................................... Tactical Ops Building .................................. 6,100,000 6,100,000 

Iraq: LSA Anaconda ...................................... Battalion and Company HQ ........................ 7,800,000 7,800,000 

Iraq: LSA Anaconda ...................................... Equipment Support Activity ......................... 17,100,000 17,100,000 

Iraq: LSA Anaconda ...................................... Hospital Facility ........................................... 39,000,000 39,000,000 

Iraq: Marez ................................................... CMU Barracks .............................................. 9,300,000 9,300,000 

Iraq: Marez ................................................... Combat Support Hospital ............................ 9,900,000 9,900,000 

Iraq: Marez ................................................... Troop Medical Clinic .................................... 2,900,000 2,900,000 

Iraq: Muthanna ............................................. Harden Ammunition Bunkers ...................... 11,300,000 11,300,000

Iraq: Various Locations ................................ CMU Barracks .............................................. 55,200,000 55,200,000 

Iraq: Various Locations ................................ Main Supply Route Aspen ........................... 36,000,000 36,000,000 

Iraq: Various Locations ................................ Overhead Cover System ............................... 300,000,000 250,000,000 

Worldwide Unspecified ................................. Planning and Design ................................... 43,400,000 39,091,000 

Total ..................................................... ...................................................................... $990,100,000 $847,191,000 

120 

Overhead Cover Systems and CMU Barracks.—The conference 

agreement includes funds for overhead cover systems and concrete 

masonry unit barracks to strengthen force protection measures to 

better protect troops against indirect fire attack. The conferees expect the Department to focus its force protection efforts on identified threats facing troops in Operation Iraqi Freedom and Operation Enduring Freedom such as rocket propelled grenades and 

mortar artillery. In doing so, the Department should purchase existing force protection technology that has been field-tested and 

certified against such threats, including, but not limited to, mortarproof canopies and housing and blast resistant barriers. 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

The conference agreement includes $139,880,000, instead of $92,720,000 as proposed by the House and $107,380,000 as proposed by the Senate. The Conference agreement also makes these 

funds available until September 30, 2006 as proposed by the 

House, instead of September 30, 2007 as proposed by the Senate. 

The funds are provided as follows: 

Location Project description Request Conference 

agreement 

California: Camp Pendleton ......................... Force Intel Operations Center ..................... $8,700,000 $8,700,000 

California: Camp Pendleton ......................... Force Recon PLT Facility ............................. 4,980,000 4,980,000 

California: Twentynine Palms ....................... LAR Company BEQ ....................................... 11,900,000 11,900,000 

North Carolina: Camp Lejeune ..................... Mod 2D LAR Operations Complex ............... 3,840,000 3,840,000 

North Carolina: Camp Lejeune ..................... Maintenance Complex, 1/9 .......................... 5,880,000 5,880,000 

North Carolina: Camp Lejeune ..................... BEQ 1/9 ....................................................... 30,480,000 30,480,000 

North Carolina: Camp Lejeune ..................... Mod Force Recon Operations Complex ........ 3,240,000 3,240,000 

North Carolina: Camp Lejeune ..................... BEQ 2/9 ....................................................... ........................ 32,500,000 

Djibouti: Camp Lemonier .............................. Personnel Billeting ....................................... 27,710,000 27,710,000 

Djibouti: Camp Lemonier .............................. Security Fence .............................................. 2,760,000 2,760,000 

Worldwide Unspecified ................................. Planning and Design ................................... 7,890,000 7,890,000

Total ..................................................... ...................................................................... $107,380,000 $139,880,000 

MARINE CORPS FORCE STRUCTURE REVIEW GROUP

The Department of Defense requested $75,020,000 in emergency funding for the Marine Corps Force Structure Review Group 

(FSRG) initiative, which will provide additional combat forces within the Marine Corps’ current end-strength of 175,000. By increasing the number of combat-ready marines while turning over less 

essential tasks to civilians, FSRG will help to alleviate the overall 

stress on the Marine Corps produced by deployments related to the 

Global War on Terrorism. While the conferees understand and support this initiative, they are concerned over the manner in which 

the military construction requirements were programmed and 

budgeted. Although the FSRG initiative was set in motion in April 

2004, no funding for FSRG military construction was programmed 

into the fiscal year 2006 budget request. The Marine Corps and 

DOD instead chose to use this supplemental request as the sole vehicle for funding the FSRG, yet the emergency appropriation requested provides only half of the fiscal year 2005 requirement. The 

conferees are disappointed that the FSRG was deemed important 

and urgent enough to proceed immediately, yet the appropriate 

budgeting decisions were not given commensurate priority. The 

conferees expect that future military construction requests for the 

121 

Marine Corps, including any fiscal year 2006 budget amendment, 

will include the necessary funding to accommodate the force structure and basing decisions being made under FSRG. 

The conferees also note that the request was submitted prior 

to the final basing decision for the second of two new infantry battalions, the 1st and 2nd Battalions, 9th Marine Regiment, to be 

created under FSRG. After submission of the request, the Marine 

Corps confirmed that both battalions will be stationed at Camp 

Lejeune, North Carolina. These two battalions will add 1,904 marines at Camp Lejeune, more than half of the projected net increase of 3,546 to the base population under FSRG. A field visit to 

Camp Lejeune confirmed that the installation does not currently 

have adequate billeting for the existing base population, let alone 

the two battalions that the Marine Corps will begin standing up 

this year. The present occupancy rate at the camp already greatly 

exceeds the Marine Corps standard, and this situation will worsen 

under FSRG without remedial action. The conferees believe that 

additional unaccompanied housing is urgently needed at Camp 

Lejeune, and agree to provide $32,500,000 for the construction of 

bachelor enlisted quarters in support of the marines of the 2/9 Battalion. 

MILITARY CONSTRUCTION, AIR FORCE

The conference agreement includes $140,983,000 as proposed 

by the Senate, instead of $301,386,000 as proposed by the House. 

The conference agreement also makes these funds available until 

September 30, 2006 as proposed by the House, instead of September 30, 2007 as proposed by the Senate. The funds are provided 

as follows: 

Location Project description Request Conference 

agreement 

Afghanistan: Bagram ................................... East Side Ramp/Support Facilities/Infra .... $17,600,000 $17,600,000 

Afghanistan: Bagram ................................... Control Tower ............................................... 10,200,000 10,200,000 

Afghanistan: Bagram ................................... Cargo Handling Area ................................... 1,800,000 1,800,000

Afghanistan: Bagram ................................... Coalition Forces Ramp ................................ 1,400,000 1,400,000 

Iraq: Balad ................................................... CSAR/JSOAD/Medevac Alert ......................... 8,000,000 8,000,000 

Iraq: Balad ................................................... Construct and Repair Munitions Roads ...... 2,700,000 2,700,000 

Iraq: Balad ................................................... Repair/lnstall Airfield Lighting .................... 25,000,000 15,000,000 

Iraq: Balad ................................................... Hot Cargo Pad ............................................. 3,500,000 3,500,000 

Iraq: Balad ................................................... Cargo/Marshalling Area ............................... 15,000,000 15,000,000 

Iraq: Balad ................................................... Special Operations Compound .................... 2,850,000 2,850,000 

Iraq: Tallil ..................................................... Temporary Cantonment Area ....................... 10,800,000 10,800,000 

Kuwait: Ali Al Salem .................................... Aerial Port .................................................... 75,500,000 ........................

UAE: Al Dhafra ............................................. ISR Launch, Recovery and Maint Complex 66,000,000 ........................

UAE: Al Dhafra ............................................. Aircraft Engine Run-up Pad ........................ 1,400,000 1,400,000 

Uzbekistan: Karshi-Khanabad ...................... Replace/Extend Runway and Taxiways ....... 42,500,000 42,500,000 

Worldwide Unspecified ................................. Planning and Design ................................... 17,270,000 8,233,OOO 

Total ..................................................... ...................................................................... $301,520,000 $140,983,000 

Aerial Port, Ali Al Salem Air Base, Kuwait.—The Air Force requests $75,500,000 to construct the first phase of an Aerial Port at 

Ali Al Salem Air Base in Kuwait. The conference agreement provides no funding for this facility at this time. 

The conferees support the United States presence in Kuwait 

and appreciate the longstanding cooperation between our two nations. The conferees also recognize the desire of the Government of 

Kuwait to move U.S. aerial port operations out of Kuwait City 

122 

International Airport (KCIA) in order to free space at the airport 

for other uses. However, for several reasons, the conferees have declined to recommend funding for a new aerial port facility at this 

time. 

The $75,500,000 in emergency supplemental appropriations requested for this facility would fund only the first phase of a nearly 

half-billion dollar plan for infrastructure improvements at Ali Al 

Salem. However, given construction times and the limited scope of 

the project proposed here, the first phase would provide neither 

emergency relief nor a complete replacement of the extant port capacity at KCIA. In addition, since submission of the supplemental 

request, the Air Force has learned that extensive runway repair at 

Ali Al Salem will be required for the base to accommodate the volume and type of air traffic envisioned in aerial port operations. 

Moreover, as both the House and the Senate noted in their respective reports, the United States does not currently have a formal agreement with the host nation regarding future use of this facility or the sharing of costs for subsequent construction phases. 

Consequently, it is not possible for the conferees to determine the 

commitment the United States would be undertaking by providing 

the first phase of funding now. The conferees also believe that because of uncertainties regarding the future of other facilities in the 

region, there is some question as to whether an extensive aerial 

port facility in Kuwait will be required for the long-term. The conferees are not opposed to a U.S. contribution to what would be a 

mutually beneficial project, but encourage the Defense Department 

to first negotiate with the Government of Kuwait an agreement regarding appropriate phasing, use, and cost-sharing. 

ISR Launch and Recovery Facility and Maintenance Complex, 

Al Dhafra Air Base, United Arab Emirates.—The Air Force requests $66,000,000 to build these facilities. The conference agreement provides no funding for these facilities at this time. 

As with the aerial port facility in Kuwait, this facility represents more a long-term investment in enduring infrastructure 

than it does an immediate response to emergency requirements. 

ISR operations have been conducted successfully from Al Dhafra 

for several years and while it would be more convenient to conduct 

operations from permanent rather than expeditionary facilities, the 

conferees do not believe this is a compelling argument for emergency appropriations. As is the case with Ali Al Salem, this project 

is only part of extensive additional construction envisioned at Al 

Dhafra, yet no agreement covering use or cost sharing has been negotiated with the host nation. The conferees recognize and value 

the extensive and ongoing cooperation between the United States 

and the United Arab Emirates and are not opposed in principle to 

a U.S. contribution to infrastructure investments at Al Dhafra. 

However, the conferees believe investment in this project would be 

inappropriate on an emergency basis and premature at this time. 

ITEMS OF INTEREST TO THE MILITARY QUALITY OF LIFE SUBCOMMITTEE OF THE HOUSE AND THE MILITARY CONSTRUCTION

SUBCOMMITTEE OF THE SENATE

Requested Reports.—The Department of Defense has submitted the long overdue overseas basing master plans; therefore, 

the conference agreement does not include a provision under the 

123 

military construction accounts to prohibit the obligation of funds 

until these plans were submitted as proposed by the House. The 

Senate bill contained no similar provision. 

The House report included a request for additional information 

from the Army, Marine Corps, and Air Force on issues related to 

the supplemental request. The Army reports were received on April 

7, 2005. The Marine Corps and Air Force reports have not been received. The conferees are concerned with the Executive Branch’s 

lack of responsiveness to Congressional requests and expect the 

Secretary and the Director of OMB to take steps to make this a 

high priority. 

Budgeting for Enduring Installations.—The conferees approve 

of the Department’s improved master planning efforts for overseas 

facilities, including those in the Central Command (CENTCOM) 

area of responsibility. A key benefit of master planning is the alignment of strategic objectives with budget needs over a long period 

of time. The conferees believe CENTCOM’s master planning initiative is sufficiently well developed to enable future military construction at enduring facilities in the region to be incorporated into 

the regular authorization and appropriations process. The conferees 

expect the Department to pursue such initiatives through that avenue rather than through emergency appropriations. 

GENERAL PROVISIONS—THIS TITLE 

The conferees agree to retain and amend section 1001, as proposed by the House and Senate, which provides the Secretary of 

Defense authority to transfer up to $3,000,000,000 of funds made 

available in this title. 

The conferees agree to retain and amend section 1002, as proposed by the House and the Senate, which amends section 8005 of 

the Department of Defense Appropriations Act, 2005 to provide an 

additional $2,685,000,000 in transfer authority. 

The conferees agree to delete language, as proposed by the 

House, which provides that funds in the Defense Cooperation Account may be transferred to other defense accounts. 

The conferees agree to retain section 1003, as proposed by the House and Senate, which provides that not more than $34,000,000 

may be available for counter-drug activities of Afghanistan and 

$4,000,000 may be available for counter-drug activities of Pakistan. 

The conferees agree to retain section 1004, as proposed by the 

House and Senate, which provides additional authority for extraordinary and emergency expenses. 

The conferees agree to retain section 1005, as proposed by the 

House and Senate which makes technical changes to language 

which provides that during the current fiscal year working capital 

funds of the Department of Defense may increase the limitation on 

advance billing to $1,500,000,000. 

The conferees agree to delete language, as proposed by the 

Senate, which provides that from funds made available in this Act 

under ‘‘Operation and Maintenance, Defense-Wide’’, $10,000,000 

may be used to purchase and dispose of weapons. The conferees 

agree to provide for weapons buy back in section 1006, the Commander’s Emergency. Response Program. 

The conferees agree to retain and amend section 1006, as proposed by the House and Senate, which provides that section 

124 

1201(a) of the National Defense Authorization Act for Fiscal Year 

2005, as amended by the Consolidated Appropriations Act, 2005 is 

further amended by striking ‘‘$500,000,000’’ and inserting 

‘‘$854,000,000’’ for the Commander’s Emergency Response Program. 

The conferees agree to retain section 1007, as proposed by the 

House and Senate, which increases the amount of the funds for a 

classified program pursuant to section 8090(b) in Public Law 108– 

287. 

The conferees agree to retain section 1008, as proposed by the 

House, which waives, for calendar year 2005 only, the $200,000 

limitation on total compensation for civilian employees while in the 

Central Command’s area of responsibility in support of military operations. 

The conferees agree to retain section 1009, as proposed by the 

House and Senate, which provides the Director of National Intelligence (DNI) additional flexibility with respect to filling the additional positions authorized for the Office of the DNI. 

The conferees agree to retain section 1010, as proposed by the 

House, which extends the authority for support to coalition liaison 

officers contained in the 2003 National Defense Authorization Act 

through December 31, 2005. 

The conferees agree to retain section 1011, as proposed by the 

House and Senate, which includes a provision for authority to increase the maximum amount of the reserve affiliation bonus not to 

exceed $10,000. 

The conferees agree to retain and amend section 1012, as proposed by the House and Senate, which amends title 38, to increase 

the maximum amount of coverage available for the 

Servicemembers’ Group Life Insurance program to $400,000. 

The conferees agree to retain and amend section 1013, as proposed by the House and Senate, which increases the death gratuity 

for combat and combat-related deaths, and provides a one-time retroactive death gratuity for—a member for the increased coverage 

of the Servicemembers’ Group Life Insurance and increased 

amount of the death gratuity. 

The conferees agree to delete language, as proposed by the 

Senate, which amends chapter 75 of title 10, to rename the death 

gratuity payable for deaths of members of the Armed Forces as 

‘‘Fallen Hero Compensation’’. 

The conferees agree to retain and amend section 1014, as proposed by the House and Senate, which provides that funds appropriated or made available by transfer for intelligence activities are 

deemed to be authorized for purposes of section 504 of the National 

Security Act of 1947. 

The conferees agree to retain and amend section 1015, as proposed by the House and Senate, which prohibits funds provided in 

this Act to finance programs or activities denied by Congress, or to 

initiate a new start program without prior notification to the congressional defense committees, except for certain Army ammunition programs. 

The conferees agree to retain and amend section 1016, as proposed by the Senate, regarding chemical weapons demilitarization 

and the Assembled Chemical Weapons Alternatives program. 

125 

The conferees agree to retain and amend section 1017, as proposed by the Senate, which amends section 115 of division H of the 

fiscal year 2004 Consolidated Appropriations Act to provide grant 

authority. The conferees include language to provide grant authority for Woody Island from funds available for this purpose in ‘‘Operation and Maintenance, Army’’ in the fiscal year 2005 Defense 

Appropriations Act. 

The conferees agree to retain section 1018, as proposed by the 

Senate, which transfers $19,000,000 from ‘‘Shipbuilding and Conversion, Navy, 2005/2009’’ for the LCU(X) program to ‘‘Shipbuilding 

and Conversion, Navy, 1996/2008’’ for the LPD–17 program; and 

designates this provision as an emergency requirement. 

The conferees agree to retain and amend section 1019, as proposed by the Senate, which prohibits funds, made available in this 

Act, or by prior Acts, to be used to implement a winner-take-all 

strategy for the acquisition of DD(X), the next generation Navy destroyer. 

The conferees agree to retain section 1020, as proposed by the 

Senate, which prohibits funds appropriated to the Department of 

Defense, by this Act or any other Act for fiscal year 2005 or any 

other fiscal year, from being used for any pay raise that is based 

on an employee’s status as a career or non-career employee. 

The conferees agree to retain section 1021, as proposed by the 

Senate, which earmarks $12,500,000 from funds made available in 

the Department of Defense Appropriations Act, 2005 only for industrial mobilization capacity at Rock Island Arsenal. 

The conferees agree to retain and amend section 1022, as proposed by the Senate which extends the period of temporary continuation of Basic Allowance for Housing for dependents of members of the armed forces who die while on active duty, and includes 

a sunset provision. 

The conferees agree to delete language, as proposed by the 

Senate, which provides sense of the Senate language concerning 

the phase-in of concurrent receipt of retired pay and veterans disability compensation for military retirees. 

The conferees agree to retain and amend section 1023, as proposed by the Senate, which prohibits the Department from charging military personnel for meals if they are undergoing medical recuperation or therapy at a military treatment facility. 

The conferees agree to delete language, as proposed by the 

Senate, which prohibits funds to be obligated to implement or enforce certain orders and guidance, dated May 15, 2003, on the functions and duties of the General Counsel and Judge Advocate General of the Air Force. 

The conferees agree to retain section 1024, as proposed by the 

Senate, which includes sense of the Senate language that any request for funds after fiscal year 2006 for an ongoing military operation overseas, including operations in Afghanistan and Iraq, 

should be included in the annual budget for that fiscal year. 

The conferees agree to delete language, as proposed by the 

Senate, requiring the President to submit to Congress reports concerning Iraqi security forces. Instead, the agreement includes a 

modified set of reporting requirements in the Statement of the 

Managers. 

126 

The conferees agree to delete language, as proposed by the 

Senate, requiring the Secretary of the Army to report to the congressional defense committees on the feasibility of implementing 

for the Army National Guard a program similar to the Post Deployment Stand-Down Program of the Air National Guard. This reporting requirement is addressed in the Statement of the Managers. 

The conferees agree to retain and amend section 1025, as proposed by the Senate, which provide that funds available to the Department of the Navy in this Act will be provided for repair and 

maintenance of the USS John F. Kennedy to extend the life of the 

carrier; prohibits funds available in this Act to be used to reduce 

the number of active aircraft carriers of the Navy below 12 until 

the Quadrennial Defense Review is submitted to Congress; and 

prohibits the Department of the Navy from changing command relationships to give Fleet Forces Command administrative and operational control of the Pacific Fleet. 

The conferees agree to delete language, as proposed by the 

Senate, which includes sense of the Senate language concerning 

the domestic manufacturing capability to produce silicon carbide 

powders for use in the production of ceramic armor plates for armored vehicles, personal body armor systems, and other armor 

needs. 

The conferees agree to delete language, as proposed by the 

Senate, which includes sense of the Senate language concerning 

the procurement of Rapid Wall Breaching Kits for use in Operation 

Iraqi Freedom and Operation Enduring Freedom. 

The conferees agree to delete language, as proposed by the 

Senate, which includes sense of the Senate language to increase 

the amount of funds available for ‘‘Operation and Maintenance, 

Army Reserve’’ for tuition assistance programs. The conferees recommend an additional $5,000,000 for ‘‘Operation and Maintenance, 

Army Reserve’’ for tuition assistance programs, and address this 

issue in the Statement of Managers. 

The conferees agree to delete language, as proposed by the 

Senate, which includes sense of the Senate language to make funds 

available from within ‘‘Defense Health Program’’ for Vaccine 

Health Care Centers. 

The conferees agree to delete language, as proposed by the 

Senate, which includes sense of the Senate language concerning 

Warlock and other field jamming systems, and address this elsewhere in the Statement of the Managers. 

The conferees agree to retain and amend section 1026, as proposed by the Senate, which changes the application of section 411h 

of title 37 U.S.C. to provide through September 30, 2005 for one 

roundtrip to family members of seriously ill or injured military personnel hospitalized in a medical facility in or outside the United 

States, and family members of service members receiving treatment for injuries incurred in a combat area in a medical treatment 

facility in the United States; provides for funding from the services’ 

operation and maintenance accounts; and requires the Secretary of 

Defense to report to the congressional defense committees on travel 

in any fiscal year that exceeds $20,000,000. 

The conferees agree to retain section 1027, as proposed by the 

Senate, which prohibits the use of funds in this Act for termination 

127 

of the existing joint service multiyear procurement contract for 

C/KC–130J aircraft. 

The conferees agree to delete language, as proposed by the 

Senate, which provides for the procurement of Up-Armored High 

Mobility Multipurpose Wheeled Vehicles (HMMWVs), and address 

this in the Statement of the Managers. 

The conferees agree to delete language, as proposed by the 

Senate, which includes sense of the Senate language to amend section 1079 of title 10, in order to increase the period of TRICARE 

coverage for children of servicemembers who die while on active 

duty. 

The conferees agree to delete language, as proposed by the 

Senate, which includes sense of the Senate language concerning 

the continuing development of the permanent magnet motor, and 

address this elsewhere in the Statement of the Managers. 

The conferees agree to delete language, as proposed by the 

Senate, which includes sense of the Senate language concerning 

the Man-Portable Air Defense (MANPAD) systems. 

The conferees agree to delete language, as proposed by the 

Senate, which includes sense of the Senate language that funds 

should be made available for the replenishment of medical supply 

and equipment needs of the Army, and address this in the Statement of the Managers. 

The conferees agree to include a new section 1028, which prohibits funds in this Act to be used to revoke Purple Heart commendations awarded to members of the Armed Forces who have 

served in Operation Iraqi Freedom or Operation Enduring Freedom. 

The conferees agree to include a new section 1029, which 

transfers $2,000,000 from ‘‘Aircraft Procurement, Army’’ to ‘‘Research, Development, Test and Evaluation, Army’’ for the Virtual 

Training Cockpit Optimization Program. 

The conferees agree to retain and amend section 1030, as proposed by the House, which makes certain technical adjustments 

and directs the transfer of funds for the purpose of ensuring proper 

budget execution for critical force protection items previously funded. 

The conferees agree to retain section 1031, as proposed by the 

Senate, which prohibits funds to be obligated to subject any person 

in custody or under the control of the United States to torture or 

cruel, inhuman, or degrading treatment or punishment. 

The conferees agree to retain section 1032, as proposed by the 

Senate, which amends title 38, to provide a traumatic injury protection rider to servicemembers insured through the 

Servicemembers’ Group Life Insurance (SGLI) under section 

1967(a)(1) of title 38. 

The conferees agree to include a new section 1033, which rescinds $50,000,000 from the ‘‘Iraq Freedom Fund’’. 

The conferees agree to include a new section 1034, making 

technical corrections to Public Law 108–287 making available existing funds to the Paralyzed Veterans of America (PVA) Outdoor 

Sports Heritage Fund. 

The conferees agree to a new section 1035 which provides an 

additional appropriation for ‘‘Research, Development, Test and 

128 

Evaluation, Defense-Wide’’, and provides authority for certain specified activities. 

Sec. 1036. The conference agreement includes a provision proposed by the Senate (Sec. 1129) to require a report on the re-use 

and redevelopment of military installations closed or realigned as 

part of BRAC 2005. The House bill contained no similar provision. 

Sec. 1037. The conference agreement includes a provision proposed by the Senate (Sec. 6055) to release to the State of Arkansas 

a reversionary interest in Camp Joseph T. Robinson. The House 

bill contained no similar provision. 

The conference agreement does not include a sense of the Senate provision (Sec. 1137) on funding for the Vaccine Health Care 

Centers. The House bill contained no similar provision. 

The conference agreement does not include a sense of the Senate provision (Sec. 1142) on TRICARE coverage of children. The 

House bill contained no similar provision. 

The conference agreement does not include a Senate amendment to permit eleven employees of the Executive Office of the 

President to use official government vehicles for commuting between their homes and offices. 

The conference agreement does not include a Senate amendment regarding federal employee pay while in active service of the 

National Guard. 

TITLE II—INTERNATIONAL PROGRAMS AND ASSISTANCE 

FOR RECONSTRUCTION AND THE WAR ON TERROR 

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 

FOREIGN AGRICULTURAL SERVICE

PUBLIC LAW 480 TITLE II GRANTS

The conference agreement includes $240,000,000 for P.L. 480 

Title II grants, to remain available until expended, instead of 

$150,000,000, as proposed by the House and $470,000,000, as proposed by the Senate. 

This appropriation shall be used to reimburse the account for 

funds used to address emergency food needs for individuals in need 

of humanitarian assistance in the Darfur region of Sudan and 

other parts of Africa, which would allow additional contributions to 

these and other critical food situations, including the mitigation of 

the effects of the Human Immunodeficiency Virus and Acquired 

Immune Deficiency Syndrome on individuals, households, and communities. In addition, the conferees provide that funds may be used 

to restore executed agreements of the Public Law Title II nonemergency sub-minimum program requirements, as proposed by 

the Senate. 

129 

CHAPTER 2 

DEPARTMENT OF STATE AND RELATED AGENCY 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

The conference agreement includes $734,000,000 for ‘‘Diplomatic and Consular Programs’’, instead of $748,500,000 as proposed by the House, $357,700,000, as proposed by the Senate, and 

$767,200,000 as contained in the request. The agreement provides 

$666,300,000 for the operation and security costs of the U.S. Mission in Iraq. Within the amounts included under this heading, 

$10,000,000 is for the enhancement of Embassy security in Iraq 

and Afghanistan through explosive detection technologies certified 

and/or deployed by the Department of Homeland Security, and 

$250,000 is designated for Iraqi and Afghan scholars, as proposed 

by the Senate. The conference agreement also includes $60,000,000 

for operations and security requirements of the U.S. Mission in 

Kabul, Afghanistan as a result of the withdrawal of U.S. military 

forces. Finally, the conference agreement includes $7,700,000 for 

the Office of the Coordinator for Reconstruction and Stabilization, 

and expects these funds to support additional personnel requirements in Washington and Sudan. 

The conference agreement includes $250,000 for a contribution 

to a scholar-rescue program designed to bring Iraqi and Afghan 

scholars, whose lives are in imminent danger, to the United States 

and match them with host universities. The conferees direct the 

Secretary of State to work with the Institute of International Education to implement this program. 

The conferees agree that within the amounts previously appropriated for fiscal year 2005, the Secretary of State shall fund an 

external study of the publicly available data on foreign public opinion about the United States. This study should include a thorough 

analysis of the impact of foreign perceptions of the United States, 

and a list of concrete responses and ‘best practice’ actions at the 

governmental level that have the potential to influence the public 

foreign policy debate and mitigate the impact of negative perceptions. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

The conference agreement includes $592,000,000 for the construction of a new secure embassy compound in Baghdad, Iraq, including office, housing, and support facilities, infrastructure, 

project supervision, and construction security as proposed by both 

the House and Senate. The conferees expect the recommended 

funding level to be sufficient to ensure completion of a secure compound within 24 months of the project start date. 

130 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $680,000,000 for United 

States assessed contributions for international peacekeeping missions instead of $580,000,000 as proposed by the House, 

$533,049,000 as proposed by the Senate, and $780,000,000 as contained in the request. Of the amount provided, up to $50,000,000 

may be transferred to the ‘‘Peacekeeping Operations’’ account for 

support of the efforts of the African Union to halt genocide and 

other atrocities in Darfur, Sudan. 

RELATED AGENCY

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

The conference agreement includes $4,800,000 to expand 

United States broadcasting programs in local languages to Pakistan, Iran, Indonesia, and Muslim populations in Europe. 

BROADCASTING CAPITAL IMPROVEMENTS

The conference agreement includes $2,500,000 to make capital 

improvements related to broadcasting, including broadcasting directed toward the People’s Republic of China. 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

The conference agreement provides $90,000,000 for ‘‘International Disaster and Famine Assistance’’, instead of $94,000,000 

as recommended by the House and $44,000,000 as recommended by 

the Senate. 

The conferees intend that $40,000,000 of funds made available 

from this account be provided for assistance for those individuals 

affected by the ongoing conflict in Darfur. The conferees are also 

concerned about the severity of other needs in Africa, and allocate 

$50,000,000 of funds from this account to these other needs, including those in Ethiopia, Liberia, Uganda, and the Democratic Republic of the Congo. 

The conferees include language as proposed by the Senate that 

provides authority to United States Agency for International Development (USAID) to use funds appropriated under this heading to 

reimburse accounts from which obligations were incurred prior to 

the enactment of this Act. 

TRANSITION INITIATIVES

The conference agreement does not include funding for ‘‘Transition Initiatives’’. 

131 

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

The conference agreement provides $24,400,000 for ‘‘Operating 

Expenses of the United States Agency for International Development’’ for security and extraordinary operating costs in Iraq. 

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL

The conference agreement provides $2,500,000 for ‘‘Operating 

Expenses of the United States Agency for International Development Office of Inspector General’’ to audit the expenditure of funds 

used for relief and reconstruction in Iraq. 

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

The conference agreement provides $1,433,600,000 for the 

‘‘Economic Support Fund’’, instead of $1,058,200,000 as proposed by 

the House and $1,636,300,000 as proposed by the Senate. These 

funds would remain available until September 30, 2006. 

The conference agreement includes $1,086,600,000 for Afghanistan, $200,000,000 for assistance to Palestinians, of which 

$50,000,000 should be for assistance for Israel to help ease the 

movement of Palestinian people and goods in and out of Israel, 

$20,000,000 for Haiti, $5,000,000 for Lebanon, $100,000,000 for 

Jordan, and $22,000,000 for Sudan. 

The conference agreement provides $1,086,600,000 for Afghanistan under this heading, instead of $739,200,000 as proposed by 

the House and $1,309,300,000 as proposed by the Senate. The conference agreement assumes full funding for health programs and 

provincial reconstruction team expenses and support. The conferees 

direct the Department of State to consult with the Committees on 

Appropriations prior to the obligation of funds. 

The conferees reiterate their firm commitment to the long term 

development of Afghanistan and note that the fiscal year 2006 

budget request for that country contains an additional 

$920,000,000 from all accounts. 

The conference agreement does not include Senate language 

recommending $5,000,000 for Afghan women’s organizations. However, the conferees believe that USAID needs to be more proactive 

in assisting women-led nongovernmental organizations in Afghanistan, particularly those that defend women’s rights and support 

women’s efforts to participate in the political process. The conferees 

recommend that $5,000,000 be made available to strengthen the 

capacity of these organizations. 

The conference agreement includes language similar to a Sen- ate amendment that provides $5,000,000 for assistance for displaced persons in Afghanistan. The conferees intend that these 

funds be used to address the needs of displaced Afghans, but that 

none of these funds are to be used to support a satellite city housing project. The conferees request to be consulted prior to the obligation of these funds. 

The conference agreement does not include a reporting requirement on Afghan security forces training, as proposed by the Senate 

132 

in section 2108. However, the conferees direct the Department of 

State to submit such a report to the Committees on Appropriations 

no later than 90 days after enactment of this Act. 

The conference agreement includes $22,000,000 to support 

emergency needs in the implementation of the Comprehensive 

Peace Agreement in southern Sudan. These needs include the development of southern governmental institutions and support for 

the commissions established in the North-South peace accords. 

The conferees recognize the importance of adequate health care 

for Palestinian women and children and recommend $3,500,000 to 

support the activities of the Holy Family Hospital in Bethlehem 

and $2,000,000 to support the healthcare activities of Hadassah, 

the Women’s Zionist Organization of America. 

The conferees agree that the budget request and the recommendation contained in this Act do not provide specific direct financial support for the Palestinian Authority. 

The conferees reiterate that the conditions and restrictions on 

assistance for the West Bank, Gaza, and Palestinian Authority contained in the General Provisions section of division D of Public Law 

108–447 apply to assistance for the West Bank and Gaza recommended under this heading, as well as the separate account requirement contained in section 529 of that law. The conferees further agree that the waiver detailed in Presidential determination 

2005–10 shall not be extended to funds appropriated under this 

Chapter. 

The conference agreement includes a provision providing 

$50,000,000 for assistance for Israel to help improve the movement 

of people and goods in and out of Israel, as proposed by the Senate. 

The conferees are aware that infrastructure will be needed on both 

the Palestinian and Israeli sides of the separation lines and intend 

that these funds be used to meet the great need in developing this 

infrastructure. The resulting flow of goods and people should greatly improve the economic well-being of the Palestinian people while 

building the revenue base of the Palestinian Authority. 

The $200,000,000 provided in this account shall only be allocated as requested and detailed in the following table. The Administration may reallocate, only within the projects listed here, up to 

10 percent of any of the following allocations, except that the total 

for the allocation receiving such funds may not be increased by 

more than 20 percent. Any reallocations shall be subject to prior 

consultations with the Committees on Appropriations. 

[In thousands of dollars] 

Economic Revitalization: 

Palestinian agriculture and agribusiness production and marketing ........................................................................................... $15,000 

Trade promotion and capacity building ........................................ 24,000 

Home construction financing ......................................................... 1,000 

Job creation, with an emphasis on construction of schools and 

community centers ...................................................................... 20,000 

Improved flow of people and goods into Israel ............................. 50,000 

Subtotal, Economic Revitalization ................................................ 110,000 

Infrastructure Development: 

Roads and water ............................................................................. 50,000 

Democratic reform and the rule of law ......................................... 16,000 

Community Policing ....................................................................... 3,000 

Education, including vocational training ...................................... 8,000 

Health care and food assistance .................................................... 13,000 

133 

Subtotal, Infrastructure Development .......................................... 90,000 

Total ......................................................................................... $200,000,000 

The conference agreement provides $20,000,000 for assistance 

for Haiti, of which $2,500,000 is for criminal case management, 

case tracking and the reduction of pre-trial detention. The conferees are concerned with the prolonged detention of Haitians, 

many of whom have not been charged with any crime, which is 

both illegal and life threatening. The conferees intend that USAID 

will take immediate steps to address this potentially explosive situation. The conferees expect the balance of funds to be made available to address urgent and pressing needs for additional election 

assistance, employment and public works projects, and police assistance. The conferees direct that the obligation of funds be subject to prior consultation with the Committees on Appropriations. 

The conferees note recent political developments in Lebanon 

and provide $5,000,000 for support of democracy activities and programs. The conferees expect these funds to be managed by Bureau 

of Democracy, Human Rights and Labor at the Department of 

State. 

ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET

UNION

The conference report includes $70,000,000 for ‘‘Assistance for 

the Independent States of the Former Soviet Union’’, as proposed 

by the Senate, instead of $33,700,000 as proposed by the House. 

Funds in this account are allocated in the following table and, 

as stipulated in section 2111, any change to these allocations is 

subject to the regular reprogramming procedures of the Committees on Appropriations: 

Assistance for the Independent States of the Former Soviet Union 

[In thousands of dollars] 

Ukraine ............................................................................................................. $60,000 

North Caucasus ............................................................................................... 5,000 

Belarus ............................................................................................................. 5,000 

Total .......................................................................................................... $70,000 

The conferees are encouraged by recent political developments 

in Ukraine and recommend $60,000,000 for assistance for that 

country. This funding should be used for programs to further political and economic reforms and to strengthen democracy and the 

rule of law. 

The conference agreement provides $5,000,000 for humanitarian, conflict mitigation, and relief and recovery assistance for 

needy families and communities in Chechnya, Ingushetia, and elsewhere in the North Caucasus. The conferees intend these funds to 

be administered by USAID’s Moscow Mission and Office of Conflict 

Management and Mitigation, in consultation with the Committees 

on Appropriations. 

The conferees expect that of the funds made available for democracy assistance for Belarus, $2,500,000 will be made available 

to the Bureau of Democracy, Human Rights and Labor, Department of State, for political party development activities. The conferees recommend that the balance of funds be used to support 

independent media and civil society in Belarus. 

134 

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

The conference agreement includes $620,000,000 for ‘‘International Narcotics Control and Law Enforcement’’, instead of 

$594,000,000 as proposed by the House and $660,000,000 as proposed by the Senate. These funds remain available for obligation 

until September 30, 2007. 

The conferees expect that of the funds provided under this heading, $260,000,000 shall be made available for counternarcotics 

programs and activities. 

MIGRATION AND REFUGEE ASSISTANCE

The conference agreement provides $120,400,000 for ‘‘Migra- tion and Refugee Assistance’’ instead of $103,400,000 as proposed 

by the House or $108,400,000 as proposed by the Senate. Of the 

total, the conferees include $48,400,000 for assistance to those individuals affected by the ongoing conflict in Darfur, $5,000,000 for 

easing the flow of refugees returning to southern Sudan, 

$26,000,000 to help the Administration meet its fiscal year 2005 

refugee protection goals, and $41,000,000 for assistance needs in 

Africa other than in southern Sudan and Darfur. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

The conference agreement provides $24,600,000 for ‘‘Nonproliferation, Anti-Terrorism, Demining and Related Programs’’ instead of $17,100,000 as proposed by the House and $32,100,000 as 

proposed by the Senate. The conferees intend for the funds to be 

used as follows: $17,100,000 for the protection of Afghan President 

Karzai, as requested, and $7,500,000 for the Non-proliferation and 

Disarmament Fund. These funds remain available until September 

30, 2006. 

FUNDS APPROPRIATED TO THE PRESIDENT

OTHER BILATERAL ASSISTANCE

GLOBAL WAR ON TERROR PARTNERS FUND

(INCLUDING TRANSFER OF FUNDS)

The conference agreement does not include funding for the 

Global War on Terror Partners Fund. The House did not recommend funding for this account, and the Senate proposed 

$25,500,000. Funding for the purposes of the Solidarity Initiative 

is addressed under ‘‘Peacekeeping Operations’’. 

MILITARY ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

The conference agreement includes $250,000,000 for ‘‘Foreign 

Military Financing Program’’, as proposed by the House and Senate 

and as contained in the request. The conferees recommend 

$150,000,000 for Pakistan and $100,000,000 for Jordan. 

135 

PEACEKEEPING OPERATIONS

The conference agreement includes $240,000,000 for ‘‘Peacekeeping Operations’’ instead of $10,000,000 as proposed by the 

House and $210,000,000 as proposed by the Senate. Of these funds, 

$10,000,000 is for the reform of security forces in southern Sudan, 

up to $200,000,000 for assistance to coalition allies with troops in 

Iraq and Afghanistan, and up to $30,000,000 that may be used pursuant to a determination by the President, and after consultation 

with the Committees on Appropriations, that such use will support 

the global war on terrorism. This funding could be used, for example, for training and equipment of foreign counter-terrorism forces 

or border security forces. The conferees commend the President’s 

Solidarity Initiative. 

GENERAL PROVISIONS—THIS CHAPTER 

Sec. 2101. The conference agreement includes a general provision proposed by the Senate, and similar to that proposed by the 

House, that amends section 307(a) of the Foreign Assistance Act of 

1961 by striking ‘‘Iraq’’ from the list of countries for which the 

United States would otherwise be required to withhold voluntary 

contributions. 

Sec. 2102. The conference agreement includes a general provision as proposed by the House and Senate that rescinds previously 

appropriated funds for Turkey in P.L. 108–11. The conferees intend 

that any costs associated with the rescission of funds, and termination of planned programs, may be funded from within the subject 

unexpended balances. 

Sec. 2103. The conference agreement includes a general provision proposed by the House bill, regarding audit requirements for 

U.S. bilateral assistance made available under ‘‘Economic Support 

Fund’’ for assistance for the West Bank and Gaza and assistance 

for the Palestinian Authority. 

Sec. 2104. The conference agreement includes a general provision proposed by the House that establishes financial reporting requirements for funds appropriated in this chapter prior to their obligation. The purpose of the financial plan is to ensure that the 

Committees on Appropriations have a complete and detailed understanding of how agencies intend to use the resources provided in 

this chapter. The provision allows 15 percent of funds to be obligated prior to the submission of the financial report, which is due 

30 days after enactment. This restriction on new obligations does 

not apply to funds used to reimburse accounts for obligations made 

prior to enactment. 

Sec. 2105. The conference agreement includes a general provision, as proposed by the House, that establishes certain auditing 

requirements for counternarcotics and alternative development 

funding in fiscal year 2005 in Afghanistan. 

Sec. 2106. The conference agreement includes a provision, 

similar to that proposed by the House and Senate, regarding a reporting requirement regarding the Palestinian Authority, and provides that up to $5,000,000 from funds provided for the West Bank 

and Gaza may be used for an independent audit of Palestinian Authority expenditures and accounting procedures. 

136 

Sec. 2107. The conference agreement includes a provision allowing certain amounts in the fiscal year 2005 State Department 

Appropriations Act to be subject to certain reprogramming requirements, as proposed by the Senate. 

Sec. 2108. The conference agreement includes a general provision similar to that proposed by the Senate, which earmarks 

$20,000,000 provided in Public Law 108–106 under the heading 

‘‘Iraq Relief and Reconstruction Fund’’ for assistance for families 

and communities of innocent Iraqi victims of the military operations. This assistance is designated as the ‘‘Marla Ruzicka Iraqi 

War Victims Fund’’, in memory of Marla Ruzicka who on April 16, 

2005, died at the age of 28 in a car bomb attack in Baghdad. Marla 

Ruzicka inspired the creation of this program and a similar program in Afghanistan. 

Sec. 2109. The conference agreement includes a general provision, as proposed by the Senate, that makes a technical change to 

the Millennium Challenge Authorization Act, 2003. 

Sec. 2110. The conference agreement includes a provision, 

similar to that proposed by the House, requiring that recipients of 

United States emergency humanitarian assistance establish a code 

of conduct consistent with internationally accepted principles established to protect victims of disasters from exploitation. 

Sec. 2111. The conference agreement includes a new provision 

requiring that funds in the following accounts be allocated as indicated in the statement of managers accompanying this Act: ‘‘Economic Support Fund’’ and ‘‘Assistance for the Independent States 

of the Former Soviet Union’’. Any change to these allocations is 

subject to the regular notification procedures of the Committees on 

Appropriations. 

The conference agreement does not include Senate sections 

2104, 2107, 2108, and 2111. 

TITLE III—DOMESTIC APPROPRIATIONS FOR THE WAR ON 

TERROR 

CHAPTER 1 

DEPARTMENT OF ENERGY 

NATIONAL NUCLEAR SECURITY ADMINISTRATION

DEFENSE NUCLEAR NONPROLIFERATION

The conference agreement provides $84,000,000 for defense nuclear nonproliferation, of which $55,000,000 is to address urgent 

priorities outside of the former Soviet Union to secure nuclear materials from diversion or theft by terrorists or states of concern, and 

$29,000,000 is for the deployment of radiation detection equipment 

and the training of law enforcement officials in overseas ports to 

provide them with the technical means to detect, deter, and interdict illicit trafficking in nuclear and other radioactive materials 

through the MegaPorts program. 

137 

CHAPTER 2 

DEPARTMENT OF HOMELAND SECURITY 

CUSTOMS AND BORDER PROTECTION

SALARIES AND EXPENSES

The conferees provide $124,425,000 for costs associated with 

hiring, training, equipping and supporting 500 Border Patrol 

agents, instead of $105,451,000 as proposed by the Senate and no 

funding as proposed by the House. Funds are to remain available 

until September 30, 2006. Of this amount, $49,075,000 in new 

funding is provided and designated an emergency requirement. The 

conferees have included bill language that requires the Secretary 

of Homeland Security to provide the Committees on Appropriations 

a plan not later than June 15, 2005, for the expeditious implementation and execution of these funds. 

The conferees are concerned that the amounts appropriated in 

Public Laws 107–117 and 108–11 for ‘‘Customs and Border Protection’’ have not been fully obligated. The conferees direct the Secretary of Homeland Security to immediately utilize the remaining 

funds for the purposes appropriated. The conferees further direct 

the Secretary to submit, within 30 days of enactment of this Act, 

a plan for the obligation of these funds. 

CONSTRUCTION

The conferees provide $51,875,000 for construction costs associated with hiring an additional 500 Border Patrol agents, instead of 

$41,500,000 as proposed by the Senate, and no funding proposed by 

the House. Funding is to remain available until September 30, 

2006. The conferees have included bill language that requires the 

Secretary of Homeland Security to provide the Committees on Appropriations a plan not later than June 15, 2005, for the expeditious implementation and execution of these funds. This funding is 

designated an emergency requirement. 

IMMIGRATION AND CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

The conferees provide a total of $454,250,000 for Immigration 

and Customs Enforcement, Salaries and Expenses, as opposed to 

$276,000,000 proposed by the Senate and no funding as proposed 

by the House. Of these funds, $349,050,000 is designated as an 

emergency requirement. Of this amount, $93,050,000 is made 

available to fund an additional 50 criminal investigator positions, 

168 Immigration Enforcement Agents and Deportation Officers, 

and 1,950 additional detention beds; and not less than $11,000,000 

is made available to immediately lift the hiring freeze. The conferees do not provide the $389,613,000 in non-emergency funding 

that was proposed by the Senate. 

The conferees endorse the views expressed in the Senate Committee report (Senate Report 109–152), and direct Immigration and 

Customs Enforcement (ICE) to realign its Detention and Removal 

Operation Program, by program, project, and activity, as set forth 

on pages 51 and 52 of that report. The conferees also direct ICE 

138 

to make available additional user fees as set forth on page 52 of 

that report. Because the conferees have included funds above the 

realigned amounts referenced above, in lieu of the Senate reporting 

requirement, the conferees direct the Secretary to submit a detailed 

report by June 15, 2005, to the Committees on Appropriations on 

the Department’s plan for an expeditious implementation of the 

hiring and spending authorized in this Act, showing the on-board 

level of FTEs for each individual office by location; the number of 

vacant FTEs; and the new hires planned by week for each office beginning the week after enactment of this Act through September 

30, 2005. 

The conferees are aware that ICE has been unable to obligate 

for fiscal year 2005 enhancements and initiatives due to the uncertainty of its financial condition and its pending reprogramming. 

The conferees wish to ensure that these programs are initiated in 

an orderly way, that requisite funds do not lapse, and that continuity of funding is assured. Therefore, within the total amounts 

provided, the conferees include $85,200,000, offset by a rescission, 

and direct the Department to include funding required to annualize 

and continue activities supported with these funds in its fiscal year 

2007 budget. 

UNITED STATES COAST GUARD

OPERATING EXPENSES

The conference agreement includes $111,950,000 for U.S. Coast 

Guard operations in support of Operation Iraqi Freedom and Operation Enduring Freedom as proposed by both the House and the 

Senate. The entire amount is designated as an emergency requirement. 

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

The conference agreement includes $49,200,000 as proposed by 

the House and the Senate, to remain available until September 30, 

2007. The conferees agree that the funds may be used for procurement of new U.S. Coast Guard 110-foot patrol boats or major refits, 

renovation, and subsystem replacement for these boats, as proposed by the House. The Senate proposed this funding be used only 

for renovation and subsystem replacement. The entire amount is 

designated as an emergency requirement. 

By July 1, 2005, or prior to the obligation of funds, the Coast 

Guard is directed to provide to the House and Senate Appropriations Committees an analysis of the costs and benefits of procuring 

new 110-foot or 123-foot patrol boats versus renovating the existing 

110-foot patrol boats. This analysis is to include the expected available patrol boat mission hours over the next 10 years with the existing fleet versus the yearly mission hours conducted since 9/11 

and the 10-year projected mission hour needs. The analysis should 

explain how the Coast Guard intends to meet the mission needs 

filled by the 110-foot patrol boat. The conferees note that this information was first requested in 2004 as part of the statement of 

managers accompanying Public Law 108–334. The report was due 

on February 10, 2005, but has not been received to date. 

139 

FEDERAL LAW ENFORCEMENT TRAINING CENTER

SALARIES AND EXPENSES

The conferees provide funding for the Federal Law Enforcement Training Center salaries and expenses of $2,568,000 and 

make the funding available until September 30, 2006, to accommodate the training for new Border Patrol Agents and Immigration 

and Customs Enforcement agents and officers. 

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

The conferees provide $1,882,000 for facilities, to remain available until September 30, 2006, for costs associated with additional 

Border Patrol and ICE training. 

CHAPTER 3 

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

DETENTION TRUSTEE

The conference agreement includes $184,000,000 for the Detention Trustee account. Funding is provided in lieu of any previous 

transfers made into this account in fiscal year 2005 from the Asset 

Forfeiture Fund. 

LEGAL ACTIVITIES

ASSET FORFEITURE FUND

(RESCISSION)

The conference agreement includes a rescission of $40,000,000 

from unobligated balances in this account. 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

The conference agreement provides $11,935,000 for the United 

States Marshals Service (USMS) as proposed by the Senate. Recent 

events prove a need for increased judicial security outside of courthouse facilities to better detect, assess and respond to threats and 

inappropriate communications made to judges. The conference 

agreement provides this funding for off-site security enhancements 

for judges, such as home intrusion detection systems. In coordination with the Administrative Office of the United States Courts, the 

USMS shall submit a spending plan to the Committees on Appropriations prior to the obligation of any of these funds. The conferees also believe the USMS should reevaluate existing policies 

governing judicial protection and direct the USMS to submit a report on its updated policies to the Committees on Appropriations 

no later than July 30, 2005. 

140 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

The conference agreement provides $73,991,000 for the Federal 

Bureau of Investigation (FBI), instead of $78,970,000 as proposed 

by the House and $66,512,000 as proposed by the Senate. The conferees strongly support the FBI’s deployment in Iraq and the operations of the Terrorist Screening Center. However, the conferees 

are disappointed that the fiscal year 2005 budget request did not 

include sufficient funding for these critical ongoing operations. If 

additional resources are needed for either of these activities, the 

conferees will support a reprogramming of funding from lower priority programs. 

Iraqi Operations.—The conference agreement includes 

$34,531,000 for operations in Iraq instead of $40,000,000 as proposed by the House and $29,062,000 as proposed by the Senate. 

Terrorist Screening Center (TSC).—The conference agreement 

includes $35,210,000 for TSC instead of $38,970,000 as proposed by 

the House and $31,450,000 as proposed by the Senate. The conference agreement adopts the House and Senate report language 

expressing concern about TSC’s continued reliance on temporary 

duty staff to perform this critical mission. 

The conference agreement adopts the House report language 

requiring the Office of Inspector General to evaluate TSC’s plan to 

support the Secure Flight program. The report to the House and 

Senate Appropriations Committees shall be submitted by August 1, 

2005. The conference agreement adopts the Senate report language 

requiring submission of a long-term plan for TSC to be submitted 

no later than September 1, 2005. The report shall include the following: (1) a five year staffing and spending plan for TSC; (2) a list 

of TSC’s existing and projected users, their sponsoring agency, and 

that agency’s financial and in-kind contributions to TSC; (3) a comprehensive description and direct cost estimate of the unique needs 

of these users by agency, fiscal year, project, program and activity; 

(4) an estimated cost on a by-user basis (including a listing of each 

user agency); and (5) any additional TSC requirements and the 

costs associated with those requirements. 

Office of Inspector General.—The conference agreement includes $1,250,000 to be transferred to the Office of Inspector General (OIG) to support the OIG’s review of the TSC and other 

counterterrorism activities. 

Special Technologies and Applications Section (STAS).—The 

conference agreement includes $3,000,000 for STAS, instead of no 

funding as proposed by the House and $6,000,000 as proposed by 

the Senate. This funding is provided to accelerate the development 

and deployment of intelligence analysis tools. 

The conferees are aware of the unique space requirements of 

the STAS and direct STAS to work with the General Services Administration and to use existing resources to lease up to 175,000 

square feet of additional facility space within its immediate surrounding area. 

141 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes $7,648,000 as proposed by 

the House and Senate, for the Drug Enforcement Administration’s 

counternarcotics efforts to reduce poppy and heroin production in 

Afghanistan. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

The conferees recommend $4,000,000 for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), instead of $5,100,000 

as proposed by the Senate. The House did not propose any funding 

for this account. 

This funding is provided to support ATF’s on-going activities in 

the Iraq theater of operations, including assistance to the U.S. military. Within the amount provided, $2,100,000 shall be for expenditures in direct support of explosives enforcement and firearms 

tracking in Iraq; $400,000 shall be for a Combined Explosives Exploitation Cell to provide improvised explosive device (IED) technical support to the Department of Defense components in Iraq; 

and $1,500,000 for operations to track explosives incidents in Iraq 

in a centralized database and to provide technical expertise in the 

exploitation of IED’s. The conferees direct that, prior to the obligation of the funds for a centralized database, the ATF shall submit 

a plan to the Committees on Appropriations that identifies the 

timetable, requirements, scope and costs related to its creation. 

CHAPTER 4 

LEGISLATIVE BRANCH 

HOUSE OF REPRESENTATIVES

PAYMENT TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF

CONGRESS

The conference agreement includes the customary death gratuity to Doris K. Matsui, widow of Robert T. Matsui, late a Representative from the State of California. 

SALARIES AND EXPENSES

The conference agreement includes $39,000,000 for House operations related to Business Continuity/Disaster Recovery, secure 

and digital mail, and information system security. 

ADMINISTRATIVE PROVISIONS

The conference agreement includes an administrative provision 

related to the deposit of fees. In addition, language is included 

making a technical correction for the chair of the Committee on Appropriations, or his designee, of the House of Representatives to be 

a member of the Joint Committee on the Library and the Board of 

Trustees of the Open World Leadership Program. 

142 

CAPITOL POLICE 

GENERAL EXPENSES

The conference agreement provides an additional amount of 

$11,000,000 for General Expenses, Capitol Police. This includes 

$2,600,000 for technical counter measures during the construction 

of the Capitol Visitor Center. The conferees direct the Capitol Police to purchase the necessary equipment for the Security Services 

Bureau with available unobligated balances. In addition, 

$8,400,000 is provided for the purchase of escape hoods for the 

Capitol Complex. The conference agreement does not provide funding for radio system repairs and security infrastructure for the 

Fairchild Building, as proposed by the Senate. The Capitol Police 

are directed to fund these items with available unobligated balances. 

ARCHITECT OF THE CAPITOL

CAPITOL GROUNDS

The conference agreement provides an additional amount of 

$8,200,000, to remain available until September 30, 2006, to complete perimeter security for the Capitol Square. 

CAPITOL POLICE BUILDINGS AND GROUNDS

The conferees have agreed to provide $2,500,000 for an Interim 

Offsite Delivery/Screening Facility and $1,600,000 for design of a 

permanent Offsite Delivery/Screening Facility, both to be located at 

DC Village. The conferees expect that the Architect will move expeditiously to complete this critical project and keep the Committees 

apprised of progress on a regular basis. 

TITLE IV—INDIAN OCEAN TSUNAMI RELIEF 

CHAPTER 1 

FUNDS APPROPRIATED TO THE PRESIDENT

OTHER BILATERAL ASSISTANCE

TSUNAMI RECOVERY AND RECONSTRUCTION FUND

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $656,000,000 for emergency relief, rehabilitation and reconstruction aid to countries affected by the tsunami of December 26, 2004 and the earthquakes 

of December 2004 and March 2005, as proposed by the Senate instead of $659,000,000 as proposed by the House. 

The conference agreement authorizes the Secretary of State to 

transfer funds to any Federal agency or account for activities authorized under the Foreign Assistance Act of 1961 or under the Agricultural Trade Development and Assistance Act of 1954. Of these 

funds, up to $17,500,000 may be transferred to USAID’s operating 

expenses and $1,000,000 may be transferred to USAID’s Office of 

Inspector General to cover the unexpected costs of administering 

and auditing the assistance. 

143 

The conference agreement includes authority, as proposed by 

the Senate, to use funds appropriated under this heading to address the potential health crisis should the avian influenza virus 

become pandemic in Southeast Asia. The Committees on Appropriations expect to be consulted prior to the obligation or expenditure of such funds. 

The conference agreement allows $10,000,000 to be transferred 

to and consolidated with USAID’s ‘‘Development Credit Authority’’ 

for the cost of direct loans and loan guarantees. An additional 

$5,000,000 may be transferred to and consolidated with the State 

Department’s ‘‘Emergencies in the Diplomatic and Consular Service’’ account. 

The conference agreement provides authority for the United 

States to participate with other countries in a multilateral agreement to defer and reschedule the debt owed to United States Government agencies by the governments of countries affected by the 

tsunami and earthquakes. To get their debt rescheduled, the governments of these countries must commit to provide an equivalent 

amount of resources to the victims of the natural disasters. To ensure transparency, the Secretary of State is required to arrange for 

an outside independent evaluation of each country’s compliance 

with the commitment. 

The conference agreement provides $5,000,000 to support environmental recovery activities in tsunami-affected countries. 

The conference agreement provides $10,000,000 for programs 

and activities that create new economic opportunities for women. 

The conferees recommend $10,000,000 for small grants to support 

training and equipment for women-led, local non-governmental organizations. 

The conference agreement provides $1,500,000 to support initiatives for the protection of women and children from violence, 

trafficking and exploitation. The conference agreement provides $1,500,000 for programs to 

address the needs of people with disabilities resulting from injuries 

and trauma caused by the tsunami, instead of $12,000,000 as proposed by the Senate. The conference agreement provides that $12,500,000 should be 

made available to support initiatives that focus on the immediate 

and long-term needs of children. 

GENERAL PROVISIONS—THIS CHAPTER

Sec. 4101. The conference report includes a general provision 

proposed by both the House and Senate that provides that amounts 

provided under this chapter shall be in addition to amounts that 

may be obligated in fiscal year 2005 under section 492(b) of the 

Foreign Assistance Act of 1961. 

Sec. 4102. The conference agreement includes a general provision proposed by the House that establishes financial reporting requirements for funds appropriated in this chapter prior to their obligation. The purpose of the financial plan is to ensure that the 

Committees on Appropriations have a complete and detailed understanding of how agencies intend to use the resources provided in 

this chapter. The provision allows 15 percent of funds to be obligated prior to the submission of the financial report, which is due 

30 days after enactment. This restriction on new obligations does 

144 

not apply to funds used to reimburse accounts for obligations made 

prior to enactment. The Senate bill did not address this provision. 

Sec. 4103. The conference agreement includes a general provision similar to that proposed by both the House and Senate that 

allows funds appropriated to be obligated and expended notwithstanding section 15 of the State Department Basic Authorization 

Act, section 313 of the Foreign Relations Authorization Act, section 

10 of Public Law 91–672, and section 504(a)(l) of the National Security Act of 1947. 

Sec. 4104. The conference agreement includes a general provision, similar to language proposed by the Senate, providing 

$25,000,000 to combat the spread of the avian influenza virus. The 

conferees are gravely concerned by the current outbreak in Southeast Asia, and therefore initiate a coordinated inter-agency program to prevent and control the spread of this virus. The conferees 

understand that the Centers for Disease Control and Prevention 

(CDC) of the Department of Health and Human Services have the 

necessary expertise to implement the bulk of these activities and 

have accordingly transferred $15,000,000 to CDC for use in combating the spread of the avian influenza virus in Southeast Asia. 

The conferees appreciate the valuable role the World Health Organization (WHO) played in combating the SARS outbreak and expect that the United States agencies will work closely with both the 

WHO and the Food and Agricultural Organization to address the 

human and animal components of this outbreak of the avian influenza virus. The conferees recognize that, given the variety of specialties necessary to mount such a program, an inter-agency 

taskforce and plan will be developed and implemented. The Committees on Appropriations expect to be consulted by this taskforce 

not later than 30 days following enactment of this Act on the status and implementation of such a plan. 

The conference agreement does not include House section 5003 

or Senate sections 6052 and 6054. 

The conference agreement does not include Senate language 

regarding the protection of the Galapagos. However, the conferees 

endorse the findings of that amendment and strongly urge the Government of Ecuador to (1) refrain from actions that could cause 

harm to the biodiversity of the Galapagos or encourage illegal fishing in the Marine Reserve; (2) select the directorship of the Galapagos National Park Service through a transparent process based 

on merit; (3) enforce the Galapagos Special Law in its entirety; and 

(4) prohibit long-line fishing. 

The conference agreement does not include sense of the Senate 

language regarding Nepal. However, the conferees deplore the February 1, 2005 action by the King of Nepal dissolving the multiparty government, and call for the immediate release of all political 

detainees, the restoration of constitutional liberties, and good faith 

negotiations with Nepal’s political party leaders to restore democracy. 

145 

CHAPTER 2 

DEPARTMENT OF DEFENSE—MILITARY 

The conference agreement recommends $225,650,000, as proposed by the House and Senate to reimburse the Department of 

Defense accounts for Indian Ocean Tsunami Relief costs, as follows: 

146 


Insert graphic folio 355 here HR72.016
147 

CHAPTER 3 

DEPARTMENT OF HOMELAND SECURITY 

UNITED STATES COAST GUARD

OPERATING EXPENSES

The conference agreement provides $350,000 to fund the incremental cost of the U.S. Coast Guard’s air operations in support of 

tsunami relief efforts in Southeast Asia, as proposed by both the 

House and the Senate. The entire amount is designated as an 

emergency requirement. 

CHAPTER 4 

DEPARTMENT OF THE INTERIOR 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

The conference agreement provides $8,100,000 for surveys, investigations, and research, as proposed by both the House and the 

Senate, to provide increased earthquake and tsunami detection 

through expansion of the Global Seismographic Network and the 

National Earthquake Information Center. 

CHAPTER 5 

DEPARTMENT OF COMMERCE 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

The conference agreement includes $7,070,000 for ‘‘Operations, 

Research, and Facilities,’’ as proposed by the Senate, instead of 

$4,830,000 as proposed by the House. The conference agreement includes, by reference, language in the House report regarding the 

submission of an implementation plan and timetable and regarding 

Native American communities living near the Cascadia subduction 

zone, and language in the Senate report regarding inundation mapping. 

PROCUREMENT, ACQUISITION AND CONSTRUCTION

The conference agreement includes $10,170,000 under this account as proposed by the Senate, instead of $9,670,000 as proposed 

by the House, to support the improvement of seismic measurements and the acquisition and deployment of 32 additional tsunami-reporting buoys. The conferees encourage NOAA to develop 

buoys with capabilities beyond the single purpose of tsunami reporting. The conference agreement includes, by reference, language 

in the Senate report regarding the submission of a spending plan. 

148 

TITLE V—OTHER EMERGENCY APPROPRIATIONS 

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 

OFFICE OF THE SECRETARY

Asian Soybean Rust.—The conferees are aware that Asian Soybean Rust has been identified in the United States and that great 

harm to soybean production and rural economies may result. It is 

important that the Department of Agriculture initiate an immediate and strong response to meet this threat. The conferees urge 

the Secretary to utilize funding from available sources, including 

contingency and CCC resources, to concentrate research, outreach, 

and regulatory activities in those areas where Asian Soybean Rust 

has been identified and where the greatest risk for disease expansion is evident. 

Common Computing Environment.—The conferees direct that 

of the funds made available to the Administrator of the Farm Service Agency, not less than $33,000,000 shall be available for Geographic Information Systems, of which not less than $23,500,000 

shall be available to the National Agricultural Imagery Program. 

COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION

SERVICE RESEARCH AND EDUCATION ACTIVITIES

The conference agreement does not include $3,000,000 for a 

grant to the College of Tropical Agriculture and Human Resources 

in Hawaii, as proposed by the Senate. 

NATURAL RESOURCES CONSERVATION SERVICE EMERGENCY

WATERSHED PROTECTION PROGRAM

The conference agreement provides $104,500,000 for eligible 

work identified in the Emergency Watershed Protection Program, 

Recovery Projects Unfunded list, including full funding for eligible 

needs in the state of Utah. The Senate proposed $103,000,000 for 

this account and the House proposed no funding. The conference 

agreement directs the Secretary of Agriculture to count certain 

local financial and technical resources contributed toward flood recovery in Utah toward local matching requirements, as proposed by 

the Senate. 

GENERAL PROVISIONS, THIS CHAPTER 

Sec. 5101. The conference agreement includes a provision to 

transfer unobligated amounts available under the Department of 

Agriculture, Rural Housing Insurance Fund Program Account to 

the Rental Assistance Account, for projects in North Carolina, as 

proposed by the Senate. 

Sec. 5102. The conference agreement includes language regarding the eligibility of the Village of New Miami, Ohio, for grants 

funded through the Rural Housing Assistance Grants account within the Department of Agriculture, as proposed by the Senate. 

Senate Sec. 5103. The conference agreement does not include 

funding for financial and technical assistance related to the Manoa 

Watershed in Hawaii, as proposed by the Senate. 

149 

Sec. 5103. The conference agreement includes language allowing for a transfer of Department of Agriculture funds from the Lost 

River watershed project in West Virginia to the Upper Tygart watershed project in West Virginia, as proposed by the Senate. 

Sec. 5104. The conference agreement includes language providing the Secretary of Agriculture flexibility in administering an 

existing grant to Alaska dairy farmers, as proposed by the Senate. 

CHAPTER 2 

DEPARTMENT OF THE INTERIOR 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

The conference agreement provides $3,000,000 in emergency 

appropriations for salaries and expenses as proposed by the Senate 

instead of no funding as proposed by the House. 

RELATED AGENCY 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

CAPITAL IMPROVEMENT AND MAINTENANCE

The conference agreement provides $24,390,000 in emergency 

appropriations for capital improvement and maintenance instead of 

$31,980,000 as proposed by the Senate and no funding as proposed 

by the House. The managers have included the $2,410,000, recommended by the Senate in the national forest system account, in 

this account to provide management flexibility to use these emergency funds for the most urgent priorities. Funding is provided for 

the repair of national forest facilities and lands damaged by severe 

storms in southern California, including the Angeles, Cleveland, 

Los Padres and San Bernardino National Forests. 

CHAPTER 3 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

OFFICE OF THE SECRETARY

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING RESCISSIONS OF FUNDS)

The conference agreement includes modified language proposed 

by the Senate providing $10,000,000 for a grant to Pocono Township, Tannersville, Pennsylvania to assist in the expansion of the 

only existing injectable influenza vaccine production facility in the 

United States, which is located in Swiftwater, Pennsylvania. The 

conferees are agreed that this emergency appropriation is in the 

nation’s interest because of the national need to increase the supply of domestically produced influenza vaccine and to decrease the 

likelihood of another influenza vaccine shortage. The agreement includes five rescissions of inactive Department of Health and 

150 

Human Services (HHS) funds to offset the spending. The funding 

and rescissions were included in the Senate bill. The House bill included neither the appropriation nor the rescissions. 

The conference agreement also includes a new paragraph providing an additional $58,000,000 to the Public Health and Social 

Services Emergency Fund to be transferred to the Centers for Disease Control and Prevention for the purchase of influenza countermeasures for the Strategic National Stockpile. The conferees understand that influenza countermeasures include, but are not limited 

to, antiviral medications and vaccines. The conferees believe these 

funds are urgently needed to enhance our nation’s preparedness to 

respond to a severe influenza outbreak, particularly in light of the 

current reports of Avian influenza activity in Southeast Asia. 

This additional funding is offset by a rescission of $58,000,000 

of the cancer hospital loan fund created by section 1016 of the 

Medicare Modernization Act of 2003. 

RELATED AGENCY 

INSTITUTE FOR MUSEUM AND LIBRARY SERVICES

OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND

ADMINISTRATION

The conference agreement does not include $10,000,000 in 

emergency funding for the University of Hawaii Library as proposed by the Senate. The House bill did not include a similar provision. 

CHAPTER 4 

THE JUDICIARY 

COURTS OF APPEALS DISTRICT COURTS AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement does not include additional funds for 

the Judiciary, as proposed by the Senate. The House did not include a similar provision. 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 

HOUSING PROGRAMS

HOUSING FOR PERSONS WITH DISABILITIES

(INCLUDING RESCISSION OF FUNDS)

The conference agreement includes the rescission and reappropriation of fiscal year 2005 funds in this account in order to provide 

two-year availability, as proposed by the Senate. The House did not 

include a similar provision. 

151 

OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $5,000,000 in additional 

funds for the Office of Federal Housing Enterprise Oversight 

(OFHEO), as proposed by the Senate, with modifications. The 

House did not include a similar provision. These additional funds 

have been made available to ensure OFHEO has enough resources 

to complete all necessary audits and to pay for any litigation costs, 

as necessary. However, by undertaking an assessment without first 

seeking an appropriation and prior to receiving an appropriation, 

OFHEO has placed the conferees in an untenable situation of appropriating funds after the necessary offstting receipts have been 

collected. Hence, without significant amendments the conferees 

would have been scored for any appropriation subsequent to the assessment. To have made the assessment without informing the 

Committees on Appropriations demonstrates an ignorance of budgetary rules, an arrogance in program implementation and a serious 

attempt by OFHEO to ignore statutory intent. 

In providing these funds, the conferees require that prior to 

any use of these appropriations, OFHEO must provide the Committees on Appropriations with a detailed operating plan and henceforth must provide quarterly reports on the use of all funds appropriated to OFHEO. 

GENERAL PROVISION, THIS CHAPTER 

The conference agreement does not include a provision providing $10,000,000 in new funds to cover the costs of repairs at the 

University of Hawaii, as proposed by the Senate. 

TITLE VI—GENERAL PROVISIONS AND TECHNICAL 

CORRECTIONS 

Sec. 6001. The conference agreement includes a provision concerning the availability of funds, as proposed by both the House 

and the Senate. 

Sec. 6002. The conference agreement includes a provision clarifying the application of designations within this Act pursuant to 

section 402 of the conference report to accompany S. Con. Res. 95 

(108th Congress). 

Sec. 6003. The conference agreement includes language regarding Department of Agriculture business and industry loans, as proposed by the Senate. The language directs that such assistance 

may not be denied due to the failure of the Secretary of Labor to 

certify the assistance within the timeframe specified in the authorization. 

Sec. 6004. The conference agreement includes a provision related to the McClellan-Kerr Arkansas River navigation project that 

corrects a citation to a public law under the heading ‘‘Operation 

and Maintenance’’ in title I of division C of Public Law 108–447. 

Sec. 6005. The conference agreement includes a technical correction to a provision in title I of division C of Public Law 108–447 

152 

relating to credits and reimbursements and per state limitations on 

environmental infrastructure programs. 

Sec. 6006. The conference agreement includes a provision increasing the project cost estimate for the DeSoto County, Mississippi, project described in Section 219(f)(30) of (106 Stat. 4835; 

106 Stat. 3737; 113 Stat. 334), and allowing the Secretary to reimburse the non-Federal sponsor for incurred costs. 

Sec. 6007. The conference agreement includes a provision to increase the project cost estimate for the Fort Peck Fish Hatchery 

project in Montana, as described in Section 325(f)(1)(A) of Public 

Law 106–541, to allow for the expenditure of funds appropriated by 

Congress for fiscal year 2005. 

Sec. 6008. The conference agreement includes a provision relating to the authorized project cost and the non-federal reimbursement regarding the SR–1 Bridge in Delaware. 

Sec. 6009. The conference agreement includes a provision relating to valuation of fabrication ports when analyzing economic benefits for navigation projects. 

Sec. 6010. The conference agreement includes a provision relating to Environmental Infrastructure projects. 

Sec. 6011. The conference agreement includes a provision relating to the authorization of the Indiana Harbor and Canal, Confined 

Disposal Facility, Indiana. The operation and maintenance of the 

completed project shall remain a local responsibility, consistent 

with the existing Project Cooperation Agreement. 

Sec. 6012. The conference agreement includes a provision relating to the mitigation credit for the Big Cypress Seminole Reservation Water Conservation Plan Project in Florida. 

Sec. 6013. The conference agreement includes a provision making a technical correction relating to the San Gabriel Basin Restoration Fund in Title II of division C of Public Law 108–447 relating to the deposition of a previous appropriation in the San Gabriel 

Basin Restoration Fund and the authorized uses of the San Gabriel 

Basin Restoration Fund. 

Sec. 6014. The conference agreement includes a provision authorizing the Bureau of Reclamation to expend funds in meeting 

the terms of the Biological Opinion 2003 for the Rio Grande River. 

Sec. 6015. The conference agreement includes a provision that 

extends Section 8 of Public Law 104–298 (The Water Desalination 

Act of 1996) to allow for the expenditure of funds appropriated by 

Congress. 

Sec. 6016. The conference agreement includes a provision providing $2,000,000 for the National Center for Manufacturing 

Sciences in Michigan, and $825,000 for a research and development 

project in California to advance the state of metal hydride hydrogen storage using a technologically feasible and commercially viable approach. 

Sec. 6017. The conference agreement includes a provision providing, within available funds for the Office of Science, $2,000,000 

for continuation of project DE–FG0204ER63842–04090945, the 

Southeast Regional Cooling, Heating, and Power and Biofuel Application Center in Mississippi, $3,000,000 for the University of Texas 

Southwestern Medical Center, Dallas Metroplex Comprehensive 

Imaging Center, $500,000 for desalination technology at University 

of Nevada-Reno, $500,000 for the Oral History of the Negotiated 

153 

Settlement project at UNR, $4,000,000 for the Fire Sciences Academy in Elko, Nevada, and $2,000,000 for the upgrade of chemistry 

laboratories at Drew University, New Jersey. 

Sec. 6018. The conference agreement includes a provision pro- viding $1,000,000, within available funds for Fossil Energy Research and Development, for remediation of natural gas leaks in 

the Borough of Versailles, Pennsylvania. 

Sec. 6019. The conference agreement includes a provision mak- ing a technical correction to allow for the transfer of $10,000,000 

to carry out the purpose of section 3147 of the Ronald W. Reagan 

National Defense Authorization Act for Fiscal Year 2005, Public 

Law 108–375, regarding the Pajarito Plateau Homesteader claims, 

and a provision relating to cybersecurity at DOE laboratories. 

Sec. 6020. The conference agreement includes a provision allowing the transfer of funds from the Defense Site Acceleration 

Completion account to ensure that projects within Defense Environmental Services are funded without unduly impacting mission 

activities and statutory requirements, and provides $2,000,000, 

from within available funds, for the Tularosa Basin Desalination 

facility. 

Sec. 6021. The conference agreement includes a provision al- lowing the transfer of up to $4,000,000 from Defense Site Acceleration Completion to Weapons Activities to carry out environmental 

cleanup of lands transferred from Los Alamos National Laboratory. 

Sec. 6022. The conference agreement includes a provision to 

clarify Department of Energy small business contracting requirements. 

Sec. 6023. The conference agreement includes a provision making technical corrections regarding nuclear waste disposal in Title 

III of division C of Public Law 108–447. 

Sec. 6024. The conference agreement modifies a Senate provision related to the ‘‘Department of Homeland Security Working 

Capital Fund’’. The conferees are displeased with the Department’s 

use of the Working Capital Fund (WCF). The Department of Homeland Security has not complied with the requirements of the fiscal 

year 2005 Appropriations Act or the statement of managers accompanying the conference report with respect to the WCF. The Department has used the WCF for projects and activities about which 

Congress has not been informed, or for which Congress has not 

provided appropriations. While the WCF can be a useful management tool, it will only exist if the rules detailed in the annual appropriations acts and reports are strictly adhered to. The Department must comply with statutory reprogramming notification requirements, regardless of the source of funds, and notify the House 

and Senate Appropriations Committees prior to initiating a new 

project, whether it is run through the WCF, reimbursable agreements, the Economy Act, or within any single component of the Department. 

The conferees understand that the Operation Integration Staff 

(I-Staff) has been removed from the WCF, but that funds have been 

obligated for this purpose in fiscal year 2005. In the past, the Committees objected to the use of the WCF for the I-Staff. The conferees direct a full and complete reporting, within 15 days of enactment of this Act, of all funds obligated in fiscal years 2004 and 

2005 for the I-Staff, including funding sources, the number and 

154 

source of all detailees, and a description and explanation of all 

travel and contracts. The conferees also understand that the Homeland Secure Data Network (HSDN) has been funded through the 

WCF. This program is further addressed in this statement of managers. No further obligations for the I-Staff and HSDN shall occur 

unless an official reprogramming notification is provided to and approved by the House and Senate Appropriations Committees. 

Sec. 6025. The conference agreement includes a new general 

provision requiring annual appropriations justifications for the 

WCF, and requiring that justifications for each component of the 

Department carry explicit information about WCF charges, reimbursable agreements, and uses of the Economy Act. 

Sec. 6026. The conference agreement includes and modifies a 

provision, as proposed by the Senate, related to the Chief Information Officer (CIO). The conferees withhold from obligation 

$5,000,000 of the CIO’s salaries and expenses until the CIO submits an expenditure plan for information technology projects funded by the CIO or funded through the use of reimbursable agreements. 

The conferees remind the Department of Homeland Security 

that it is failing to abide by the statutory requirements for the reprogramming and transfer of funds, and the initiation of new programs, projects or activities. Pursuant to law, advanced notification 

to the House and Senate Appropriations Committees is required 

prior to the CIO initiating any new information technology project. 

The conferees direct the CIO to submit a list of every project underway or planned for fiscal year 2005; a complete list of all legacy 

systems in operation as of March 1, 2003; the operating status of 

those systems; and plans for continued operation or termination of 

each system. The conferees direct the CIO to submit an expenditure plan for all on-going or planned projects, to include but not be 

limited to: total project costs, key milestones, obligations to date, 

contracts entered into, and a list of all funding sources specifying 

the exact dollar amount. 

In addition, the conferees direct the Department to submit a 

report detailing all reimbursable agreements between the CIO’s office and other departmental organizations in effect or planned for 

fiscal year 2005, as well as all of those anticipated for fiscal year 

2006. 

The CIO is directed to submit to the House and Senate Appropriations Committees an analysis demonstrating that the Homeland Secure Data Network (HSDN) is more cost effective than 

other alternatives that were considered prior to the initiation of the 

project. The report on the HSDN should accompany the expenditure plan required by this Act. The conferees have no bias towards 

development of the HSDN, but are extremely concerned by the lack 

of any presentation on the need for this project in the fiscal year 

2004 or 2005 appropriations justifications. The conferees note, for 

example, that the contract for the development and implementation 

of the HSDN was awarded on April 12, 2004, yet the fiscal year 

2004 project plans for the CIO’s office were submitted April 20, 

2004, with no mention of the HSDN project. 

Sec. 6027. The conference agreement includes a provision rescinding funds appropriated by Public Law 108–334. 

155 

Sec. 6028. The conference agreement includes a provision rescinding unobligated balances in the ‘‘Department of Homeland Security Working Capital Fund.’’ 

Sec. 6029. The conference agreement includes a legislative provision, as proposed by the Senate, that requires all Department of 

Homeland Security funding contained in this supplemental Act to 

be subject to the reprogramming and transfer guidelines outlined 

in Public Law 108–334. 

Sec. 6030. The conference agreement includes a technical correction to the fiscal year 2005 appropriations Act, as proposed by 

the House and the Senate, dealing with a land transfer by the Bureau of Land Management. 

Sec. 6031. The conference agreement includes a transfer of 

funds in the Forest Service from the capital improvement and 

maintenance account to the State and private forestry account, as 

proposed by the Senate. This is a technical correction to the fiscal 

year 2005 appropriations Act. 

Sec. 6032. The conference agreement includes a provision, as 

proposed by the Senate, permitting the National Park Service to 

use appropriated funds for the construction, operation, and maintenance of an expansion to the West Yellowstone Visitor Information 

Center at Yellowstone National Park in Montana. 

Sec. 6033. The conference agreement includes a limitation on 

the use of funds, as proposed by the Senate, specifying that none 

of the funds in this or any other appropriations Act may be used 

by the Environmental Protection Agency or any other Federal 

agency to develop, promulgate, or publish a pesticides tolerance fee 

rulemaking. 

Sec. 6034. The conference agreement modifies a provision, proposed by the Senate, dealing with oil and gas mineral activities at 

Gulf Islands National Seashore in Mississippi. The modification 

clarifies the specific lands upon which certain activities are authorized and makes other technical changes to the language. 

Sec. 6035. The conference agreement includes a provision, proposed by the Senate, extending the authorization for section 402(b) 

of the Surface Mining Control and Reclamation Act of 1977 

through September 30, 2005. 

Sec. 6036. The conference agreement includes the Reaffirmation of State Regulation of Resident and Nonresident Hunting and 

Fishing Act of 2005 as proposed by the Senate. 

Sec. 6037, Sec. 6038, and Sec. 6039. The conference agreement 

includes several technical corrections to State and Tribal Assistance Grants projects in the Environmental Protection Agency. 

TRANSFER AUTHORITY

Section 6040. The conference agreement modifies a general 

provision as proposed by the Senate (section 6035) pertaining to 

the repeal of transfer authority for the Departments of Labor and 

Health and Human Services. The House bill contained no similar 

provision. The conference agreement repeals the Department of 

Labor transfer authority provided in section 102 of Public Law 

108–447, and specifies that the general transfer authority for the 

Department of Health and Human Services shall be limited to 

emergency use only, and is not to be used to create new programs, 

156 

or to fund any project or activity for which no funds were provided 

in division F of Public Law 108–447. 

TECHNLCAL CORRECTIONS—FUND FOR THE IMPROVEMENT OF

EDUCATION—FISCAL YEAR 2005

Sec. 6041. The conference agreement includes modified language, similar to that proposed by the Senate (section 6036) making technical corrections to projects provided in Public Law 108– 

447 in the Fund for the Improvement of Education for fiscal year 

2005. The House bill included similar language in section 5009. 

TECHNICAL CORRECTIONS—FUND FOR THE IMPROVEMENT OF

POSTSECONDARY EDUCATION—FISCAL YEAR 2005

Sec. 6042. The conference agreement includes modified language, similar to that proposed by the Senate (section 6037), making technical corrections to projects provided in Public Law 108– 

447 in the Fund for the Improvement of Postsecondary Education 

for fiscal year 2005. The House bill included similar language in 

section 5010. 

TECHNICAL CORRECTIONS—FUND FOR THE IMPROVEMENT OF

EDUCATION—FISCAL YEAR 2004

Sec. 6043. The conference agreement includes a provision proposed by the Senate (section 6038) making a technical correction to 

a project provided in Public Law 108–199 in the Fund for the Improvement of Education for fiscal year 2004. The House bill did not 

include similar language. 

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR GRANT

REVIEWS

Sec. 6044. The conference agreement includes a provision as 

proposed by the Senate (section 6039) making a technical correction to the appropriation for the Corporation for National and Community Service. The House bill contained the same provision (section 5011). 

MEDICARE HEALTH CARE INFRASTRUCTURE IMPROVEMENT PROGRAM

Sec. 6045. The conference agreement includes a provision as 

proposed by the Senate (section 6049) that clarifies the eligibility 

of institutions that may apply for the cancer hospital loan fund 

that was created by the Medicare Modernization Act of 2003, and 

exempts the Secretary’s decisions on the program from judicial and 

administrative review. The House bill contained no similar provision. 

APPLICATION PROCESSING AND ENFORCEMENT FEES

Sec. 6046. The conference agreement includes a new provision 

amending the Immigration and Nationality Act to restore the authority of the Secretary of Labor to use a portion of the proceeds 

from the application fee for the H–IB temporary visa program to 

process applications for permanent labor certifications. 

157 

TECHNICAL CORRECTION—HIGHER EDUCATION

(INCLUDING RESCISSION OF FUNDS)

Sec. 6047. The conference agreement includes a new provision 

making a technical change to a project provided in Public Law 108– 

447 in the Fund for the Improvement of Postsecondary Education 

for fiscal year 2005. Neither the House nor Senate bills included 

this provision. 

DETROIT LABOR BUILDING 

The conference agreement deletes without prejudice a provision proposed by the Senate to transfer the full title on the Detroit 

Labor Building to the State of Michigan. The conferees understand 

this provision is not necessary to complete the sale of the building. 

The House bill contained no similar provision. 

Sec. 6048. The Conference agreement includes language which 

authorizes using royalty fees and payments for the Library of Congress, Copyright Office, Copyright Royalty Judges program. 

Sec. 6049 makes a technical correction to Public Law 107–68, 

regarding the Capitol Visitor Center. 

Sec. 6050 makes a technical correction to Public Law 108–7, 

regarding Senate accounts. 

Sec. 6051. The conference agreement includes a provision making technical corrections regarding NOAA appropriations. 

Sec. 6052. The conference agreement includes a provision making technical corrections regarding NOAA appropriations. 

Sec. 6053. The conference agreement includes a provision making technical corrections regarding NOAA appropriations. 

Sec. 6054. The conference agreement includes a provision, as 

proposed by the House, making a technical correction for the purpose of a grant. 

Sec. 6055. The conference agreement includes a provision, as 

proposed by the House, making a technical correction to the name 

of a grant recipient. 

Sec. 6056. The conference agreement includes a provision, as 

proposed by the House, making two technical corrections to a grant 

recipient. 

Sec. 6057. The conference agreement includes a new provision 

making two technical corrections to the name of a grant recipient. 

Sec. 6058. The conference agreement includes a provision, 

modified from the Senate bill, providing a technical correction to 

the bankruptcy fee collection authorities. 

Sec. 6059. The conference agreement includes a provision regarding a Department of Commerce activity. 

Sec. 6060. The conference agreement includes a provision making a technical correction regarding the 9/11 Heroes Medal of 

Valor. 

Sec. 6061. The conference agreement includes a provision making technical corrections to grants under the heading ‘‘Capital Investment Grants’’ in P.L. 108–447, as proposed by the Senate. 

Sec. 6062. The conference agreement includes a new provision 

that modifies a project in Massachusetts contained in P.L. 105–178. 

158 

Sec. 6063. The conference agreement includes a technical correction to P. L. 108–447 with regard to the Oklahoma City urbanized area, as proposed by the House. 

Sec. 6064. The conference agreement includes a new provision 

that authorizes the Secretary of Transportation to access overflight 

fees beyond the authorized level of $50,000,000 for the purpose of 

maintaining existing services under the essential air service program. Should the total amount of overflight fees collected not be 

sufficient to meet all the funding needs of the program in this fiscal 

year, then the Secretary is authorized to transfer funds from the 

available balances of any program appropriated to, or directly administered by, the Office of the Secretary to the essential air service program. The Conferees expect the Office of the Secretary to 

consult with the Committees on Appropriations of the Senate and 

of the House of Representatives if such a transfer is necessary and 

identify the source of the funds of said transfer subject to normal 

reprogramming guidelines. 

Sec. 6065. The conference agreement includes a new provision 

that reiterates the application of current law regarding U.S. cargo 

preference requirements to assistance provided in this Act. 

Sec. 6066. The conference agreement includes a provision making technical corrections to certain judiciary fees, as proposed by 

both the House and the Senate. 

Sec. 6067. The conference agreement includes a provision that 

corrects the amount provided in P.L. 108–447 for the Las Cruces 

United States Courthouse to read $60,600,000 instead of 

$60,000,000, as proposed by the Senate. 

Sec. 6068. The conference agreement includes a provision that 

corrects a citation in P.L. 108–447 to read ‘‘572(a)(2)(A)(ii)’’, as proposed by the Senate. 

Sec. 6069. The conference agreement includes a provision making technical corrections to three grants under the heading ‘‘Community Development Fund’’ in P.L. 108–447. 

Sec. 6070. The conference agreement includes a provision making technical corrections to two grants under the heading ‘‘Community Development Fund’’ in P.L. 108–7. 

Sec. 6071. The conference agreement includes a provision making technical corrections to eight grants under the heading ‘‘Community Development Fund’’ in P.L. 108–199. 

Sec. 6072. The conference agreement includes a provision making technical corrections to seven grants under the heading ‘‘Community Development Fund’’ in P.L. 108–447. 

Sec. 6073. The conference agreement includes a technical correction to Section 222 of Title II, Division I of P.L. 108–447, as proposed by the Senate. 

Sec. 6074. The conference agreement includes a new provision 

that raises the ceiling on the number of Home Equity Conversion 

Mortgages that FHA may insure from 150,000 to 250,000. 

Sec. 6075. The conference agreement includes a new provision 

that permits HUD to use 2005 appropriations to run Public Housing Authorities that are placed under Federal receivership in 2005. 

Sec. 6076. The conference agreement includes a provision that 

prohibits executive branch agencies from creating prepackaged 

news stories that are broadcast or distributed in the United States 

unless the story includes a clear notification within the text or 

159 

audio of that news story that the prepackaged news story was prepared or funded by that executive branch agency. This provision 

confirms the opinion of the Government Accountability Office dated 

February 17, 2005 (B–304272). 

Sec. 6077. The conference agreement includes a provision 

amending the use of District of Columbia local funds, as proposed 

by both the House and the Senate. 

Sec 6078. The conference agreement includes a provision proposed by the House (Sec. 5012) to amend section 114 of title I of 

division I of Public Law 108–447 to restrict the use of funds for 

medical preparedness centers by the Department of Veterans Affairs. The Senate bill contained no similar provision. 

Sec. 6079. The conference agreement includes a provision proposed by the House (Sec. 5013) to amend section 117 of title I of 

division I of Public Law 108–447 to allow for the direct deposit of 

funds into the two construction accounts of the Department of Veterans Affairs. The Senate bill contained no similar provision. 

Sec. 6080. The conference agreement includes a modified provision proposed by the House (Sec. 5014) to make certain funds available without fiscal year limitation. The Senate bill contained no 

similar provision. 

Sec. 6081. The conference agreement includes a provision proposed by the Senate (Sec. 1128) to amend Public Law 108–422, 

adding to the definition in the law concerning ‘‘medical center.’’ The 

House bill contained no similar provision. The conferees are cognizant of the concerns of the Department of Veterans Affairs. As 

such, the conferees direct the Department to report to the Committees on Appropriations of the House and Senate any significant cost 

and schedule implications at the affected locations. If such implications are significant, the Committees may address these issues in 

the fiscal year 2006 regular appropriations bill. 

The conferees note that the Government Accountability Office 

is required by statute to report to Congress on the expenditures of 

independent counsels’ offices every six months. These reports are 

submitted to the House and Senate Appropriations Committees, 

the House and Senate Judiciary Committees and the House Government Reform Committee and the Senate Homeland Security 

and Governmental Affairs Committee. The conferees expect this reporting to continue for all ongoing independent counsel activities. 

The conference agreement does not include language proposed 

as Senate Section 6047 expressing the Sense of the Senate regarding timely enactment of appropriations for the United States 

Armed Forces. The House did not include similar language. 

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2005 recommended by the Committee of Conference, comparisons 

to the 2005 budget estimates, and the House and Senate bills for 

2005 follow: 

[In thousands of dollars] 

Budget estimates of new (obligational) authority, fiscal year 2005 82,042,628 

House bill, fiscal year 2005 ................................................................... 81,366,878 

Senate bill, fiscal year 2005 .................................................................. 81,219,945 

Conference agreement, fiscal year 2005 .............................................. 82,041,478 

160 

Conference agreement compared with: 

Budget estimates of new (obligational) authority, fiscal year 

2005 .............................................................................................. ¥1,150 

House bill, fiscal year 2005 ............................................................ +674,600 

Senate bill, fiscal year 2005 ........................................................... +821,533 

DIVISION B—REAL ID ACT OF 2005 

TITLE I—AMENDMENTS TO FEDERAL LAWS TO PROTECT 

AGAINST TERRORIST ENTRY 

Section 101 of the conference agreement includes language 

modified from language proposed in section 101 of division B of the 

House bill. The Senate did not include similar language. 

Asylum Reform: As the staff of the 9/11 Commission determined, terrorist aliens have exploited our asylum laws to enter and 

remain in the United States. 

Aliens who pose a danger to the national security of the United 

States have been barred from receiving asylum and withholding of 

removal by regulation since 1990. In 1996, Congress amended the 

Immigration and Nationality Act (INA) to explicitly bar aliens who 

are inadmissible or deportable under terrorism provisions from receiving asylum and withholding. Despite these bars to dangerous 

aliens receiving asylum, however, the 9/11 Terrorist Travel monograph notes that ‘‘[a] number of terrorists [have] 

. . . abused the asylum system.’’ Mono. at 106. 

For example, Ramzi Yousef and Ahmad Ajaj, plotters of the 

first World Trade Center bombing, ‘‘concocted bogus political asylum stories when they arrived’’ to remain in the United States in 

1992. Id. at 50. Similarly, the Blind Sheikh, Sheikh Abdul 

Rahman, ‘‘avoided being removed from the United States by filing 

an application for asylum and withholding of deportation to Egypt 

in . . . 1992.’’ Id. at 55. 

In addition to these aliens whose asylum abuse was specifically 

described in the Terrorist Travel Monograph, other alien terrorists 

have abused our generous asylum laws. In January 1993, 11 

months after he applied for asylum, Mir Aimal Kansi, also known 

as Mir Aimal Kasi, killed two CIA employees in front of CIA headquarters in Langley, Virginia. Camarota, Steven, ‘‘The Open Door: 

How Militant Islamic Terrorists Entered and Remained in the 

United States, 1993–2001,’’ Center for Immigration Studies, May 

2002, at 7, www.cis.org/articles/2002/Paper21/terrorism2.html>; see 

also Border Security and Enforcement: The 9/11 Commission Staff 

Report on Training for Border Inspectors, Document Integrity, and 

Defects in the U.S. Visa Program Before the Subcommittee on Immigration, Border Security and Citizenship and the Subcommittee 

on Terrorism, Technology, and Homeland Security of the Senate 

Judiciary Committee, 108th Cong., 1st Sess. (2005) (statement of 

Janice Kephart). Kansi had been a visa overstay for almost a year 

before filing that application. ‘‘The Open Door’’, at 7. Hesham 

Hedayet killed two in a shooting spree at LAX on July 4, 2002. Immigration and Naturalization Service’s (INS’s) Interactions with 

Hesham Mohamed Ali Hedayet Before the Subcommittee on Immigration, Border Security and Claims of the House Judiciary Committee, 107th Cong., 2d Sess. at 7 (statement of William Yates, 

Deputy Executive Associate Commissioner, INS) (2002). He entered 

161 

the United States in 1992, and extended his stay by filing an asylum application one month before his stay ended. Id. His application was administratively denied, but he adjusted his status 17 

months later after his wife won the visa lottery. Id. at 7–8. 

Nor did the reforms in the mid–1990s end such abuse. In February 1997, for example, Gazi Ibrahim Abu Mezer was released 

after entering the United States illegally and after stating that he 

would be applying for asylum. Special Report of the United States 

Department of Justice, Office of the Inspector General, ‘‘Bombs in 

Brooklyn: How the Two Illegal Aliens Arrested for Plotting to 

Bomb the New York Subway Entered and Remained in the United 

States’’ (March 1998). In April 1997, he filed an asylum application 

in which he claimed that ‘‘the Israeli government continuously persecuted him.’’ Id. On July 31, 1997, Mezer was arrested in a Brooklyn apartment for allegedly planning to bomb the New York City 

subway system. Id. 

In January 1999, Somali national Nuradin Abdi was granted 

asylum. Government’s Motion to Detain Defendant and Memorandum in Support at 4, United States v. Nuradin M. Abdi (S.D. 

Ohio 2004) (No. 2:04cr88). Abdi purportedly used that status to 

apply for a travel document to facilitate an act of international terrorism. See Indictment, United States v. Nuradin M. Abdi (S.D. 

Ohio 2004) (No. 2:04cr88). After he returned to the United States, 

he was charged with conspiring to provide material support to al 

Qaeda, and the Justice Department claims ‘‘that Abdi, along with 

admitted al Qaeda operative Iyman Ferris and other co-conspirators, initiated a plot to blow up a Columbus [Ohio] area shopping 

mall.’’ Press Release of the United States Department of Justice, 

‘‘Ohio Man Indicted for Providing Material Support to Al Qaeda, 

Falsely Obtaining and Using Travel Documents (June 14, 2004), at 

2. The government has revoked his asylum because ‘‘with the exception of some minor biographical data, every aspect of [Abdi’s] 

asylum application . . . was false.’’ Government’s Motion to Detain 

Defendant and Memorandum in Support at 4, United States v. 

Nuradin M. Abdi (S.D. Ohio 2004) (No. 2:04cr88). 

Section 101 of Division B responds to terrorist abuse of our 

asylum laws by amending the INA to limit fraud. 

As there are no explicit evidentiary standards for granting asylum in the INA, standards for determining the credibility of an asylum applicant and the necessity for evidence corroborating an applicant’s testimony have evolved through the case law of the Board 

of Immigration Appeals (BIA) and federal courts. Because these 

standards are not consistent across federal appellate courts, different results have been reached in similar cases, depending on the 

court that hears the case. 

With regard to sufficiency of the evidence, for example, the 

BIA and the federal courts agree that credible testimony alone may 

suffice to sustain the applicant’s burden of proof in some cases, but 

disagree on when credible testimony alone can meet the burden 

and when corroboration is needed. The BIA has held that: ‘‘Because 

the burden of proof is on the alien, an applicant should provide 

supporting evidence, both of general country conditions and of the 

specific facts sought to be relied on by the applicant, where such 

evidence is available. If such evidence is unavailable, the applicant 

must explain its unavailability, and the Immigration Judge must 

162 

ensure that the applicant’s explanation is included in the record.’’ 

Matter of S–M–J–, 21 I&N Dec. 722 (BIA 1997). 

Section 101 resolves conflicts between administrative and judicial tribunals with respect to standards to be followed in assessing 

asylum claims. In addition, it makes similar amendments to the 

standards governing other forms of relief from removal. Finally, 

this section corrects references within the asylum provisions to reflect changes in the INA generally. 

Authority: Subsection 101(a) of Division B would amend paragraph 208(b)(1) of the INA to clarify that the Secretary of Homeland Security and the Attorney General both have authority to 

grant asylum. Because both the Secretary of Homeland Security 

and the Attorney General may now exercise authority over asylum 

depending on the context in which asylum issues arise, paragraphs 

101(a)(1) and (2) of Division B would accordingly amend paragraph 

208(b)(1) of the INA to insert references to both the Attorney General and the Secretary of Homeland Security. 

Paragraph 101(g)(1) of Division B would provide that the references to the authority of the Secretary of Homeland Security 

would take effect as if enacted on March 1, 2003, which was the 

official date of transfer of immigration enforcement functions from 

the INS to the Department of Homeland Security under the Reorganization Plan. 

Burden of Proof and Central Reason: Paragraph 101(a)(3) codifies case law standards for granting asylum, both to resolve conflicts between fora and to codify precedential rules. 

First, that paragraph would create a new clause 208(b)(1)(B)(i) 

in the INA. This clause codifies existing regulations and case law 

standards stating that the burden of proof is on the asylum applicant to establish eligibility as a refugee. This clause also will clarify the standard that an asylum applicant must meet to establish 

the motivation for persecution claimed. 

The INA requires all aliens seeking asylum to establish that 

they suffered or fear persecution ‘‘on account of’’ one of five factors: 

race, religion, nationality, membership in a particular social group, 

or political opinion. As the Supreme Court has held: ‘‘since the statute makes motive critical, [an asylum applicant] must provide some 

evidence of it, direct or circumstantial.’’ INS v. Elias-Zacarias, 502 

U.S. 478, 483 (1992). 

In explaining the Supreme Court’s decision, the Ninth Circuit 

stated: ‘‘[I]n those cases in which a persecuted activity could stem 

from many causes, some protected by the statute and others unprotected, the victim must tie the persecution to a protected cause. To 

do this, the victim needs to show the persecutor had a protected 

basis (such as the victim’s political opinion) in mind in undertaking 

the persecution.’’ Canas-Segovia v. INS, 970 F.2d 599, 601 (9th Cir. 

1992). The BIA has explained the alien’s burden as follows: an asylum applicant ‘‘bear[s] the burden of establishing facts on which a 

reasonable person would fear that the danger arises on account of’’ 

one of the five protected factors. Matter of Fuentes, 19 I & N Dec. 

658, 662 (BIA 1988). 

The main issue in assessing motivation in an asylum context 

occurs in so-called ‘‘mixed motive’’ cases, where there is more than 

one possible motive for harm, one protected, others not. In requiring an asylum applicant to establish that at least one central reaVerDate Aug 04 2004 10:26 May 05, 2005 Jkt 020930 PO 00000 Frm 00162 Fmt 6659 Sfmt 6601 E:\HR\OC\HR072.XXX HR072
163 

son for persecution was or will be one of the five factors for asylum 

relief, this subsection calls for an evaluation of whether the protected characteristic is central to the persecutor’s motivation to act. 

Similar language has been advanced as a uniform standard for 

assessing motivation previously. In the proposed rule dealing with 

Asylum and Withholding Definitions (the so-called ‘‘R-A-’’ rule dealing with domestic violence cases), former Attorney General Janet 

Reno proposed to amend the asylum regulations to implement an 

almost identical proposal, explained as follows: 

This rule proposes new language . . . that would require an applicant to show that the protected characteristic is central to the persecutor’s motivation to act. 

Consistent with current law, this language allows for the 

possibility that a persecutor may have mixed motives. It 

does not require that the persecutor be motivated solely by 

the victim’s possession of a protected characteristic. It 

does, however, require that the victim’s protected characteristic be central to the persecutor’s decision to act 

against the victim. For example, under this definition it 

clearly would not be sufficient if the protected characteristic was incidental or tangential to the persecutor’s 

motivation. 

65 Fed. Reg. 76588, 76592 (Dec. 7, 2000). 

Because this standard has not yet been adopted, there is currently no uniform standard for assessing motivation. This statutory 

standard is, however, in keeping with decisions of reviewing courts. 

See Girma v. INS, 283 F.3d 664, 668 (5th Cir. 2002) (affirming 

BIA’s finding of no persecution on account of qualifying ground, because in mixed motive case ‘‘applicant . . . must present evidence 

sufficient for one to reasonably believe that the harm suffered was 

motivated in meaningful part by a protected ground’’); 

Ambartsoumian v. Ashcroft, 388 F.3d 95, 91 (3d Cir. 2004) (applicant failed to show persecution on account of ethnicity, where police harassment was ‘‘mainly because he had failed to obtain proper 

legal documents and permission, and not because of his ethnicity’’); 

Useinovic v. INS, 313 F.3d 1025, 1033 (7th Cir. 2002) (applicant 

failed to show persecution on account of political opinion based on 

robbery, where no showing that robbery ‘‘was primarily aimed at 

him personally and not at [stealing] valuables.’’). Ninth Circuit decisions in Borja v. INS, 175 F.3d 732 (9th Cir. 1999) and Briones 

v. INS, 175 F.3d 727 (9th Cir. 1999) and other cases have substantially undermined a proper analysis of mixed motive cases, however. 

Adopting this standard will address another anomaly in the 

law that has been created by the Ninth Circuit, one that improperly favors asylum applicants who claim that they have been accused of engaging in terrorist, militant, or guerrilla activity. In 

Singh v. Ilchert, 63 F.3d 1501, 1509 (9th Cir. 1995), the Ninth Circuit equated the ‘‘investigation of and reaction against those 

thought, rightly or wrongly, to be militants seeking the violent 

overthrow of the government’’ with ‘‘a classic example of imputed 

political opinion,’’ rendering the applicant eligible for asylum. The 

court there also recognized a presumption of persecution on account of political opinion in the absence of evidence of what it 

164 

termed a ‘‘legitimate government prosecution’’ of a suspected militant. See id. at 1509 (‘‘In this case, Singh was not the target of any 

legitimate government prosecution. As in Blanco-Lopez, ‘[w]e find 

no evidence in the record . . . that an actual, legitimate, criminal 

prosecution was initiated against [the applicant.] Blanco-Lopez [v. 

INS], 858 F.2d [531], 534 [(9th Cir. 1988)]. If ‘there is no evidence 

of a legitimate prosecutorial purpose for a government’s harassment of a person . . . there arises a presumption that the motive 

for harassment is political.’ Hernandez-Ortiz v. INS, 777 F.2d 509, 

516 (9th Cir. 1985) (‘When a government exerts its military 

strength against an individual or a group within its population and 

there is no reason to believe that the individual or group has engaged in any criminal activity or other conduct that would provide 

a legitimate basis for governmental action, the most reasonable 

presumption is that the government’s actions are politically motivated.’ ’’)). 

This presumption violates the Supreme Court precedent EliasZacarias, which requires asylum applicants to provide evidence of 

motivation. Further, this presumption effectively, but improperly, 

shifts the burden to the government to prove either a ‘‘legitimate 

purpose’’ for the foreign government’s interest in the alien, or that 

the alien’s claim is not credible, or that the alien is barred from 

asylum relief because, for example, that alien actually is a terrorist 

or a persecutor. 

Plainly, an alien who is a terrorist could more easily fabricate 

a claim that his home government believes erroneously that he is 

a terrorist. This is suggested by the case of Gazi Ibrahim Abu 

Mezer, who was sentenced to life imprisonment for planning to 

bomb the New York subway system in 1997. See United States v. 

Khalil, 214 F.3d 111, 115 (2d Cir. 2000), cert. denied, 531 U.S. 937 

(2000). Mezer was free in the United States after he was arrested 

in Washington State by the Border Patrol, which initiated formal 

deportation proceedings against him. Special Report of the United 

States Department of Justice, Office of the Inspector General, 

‘‘Bombs in Brooklyn: How the Two Illegal Aliens Arrested for Plotting to Bomb the New York Subway Entered and Remained in the 

United States’’ (March 1998). While in proceedings, Mezer was released on a $5,000 bond and filed an application for political asylum in the United States. Id. In his asylum application, Mezer 

claimed that Israeli authorities had persecuted him because they 

wrongly believed he was a member of Hamas. Id. In support of his 

claim that Israel authorities had detained him twice without cause, 

Mezer attached two documents from the International Committee 

of the Red Cross. Id. One document reflected that Mezer was arrested on July 31, 1990, and held for 42 days for a ‘‘security’’ violation. Id. The second document indicated that Mezer was arrested 

on November 25, 1990, and held for approximately 90 days for ‘‘administrative’’ reasons. Id. 

According to the investigation of the case by the Justice Department’s Inspector General, the judge who received that application ‘‘did not notice that Mezer had said he was suspected of being 

a terrorist in Israel. She added that the assertion about Hamas, in 

itself, was not persuasive evidence that Mezer was a terrorist or 

that he should be detained, particularly because Mezer denied the 

assertion and also because he returned for this hearing after he 

165 

had posted bond.’’ Id. (emphasis added). The Inspector General continued: 

INS trial attorneys whom we interviewed discussed some of 

the reasons that immigration judges do not normally detain aliens 

based only on their statements that they had been falsely accused 

of membership in a terrorist organization. First, they said that it 

was common for aliens to make such claims in support of asylum 

applications. INS Trial attorney Tammy Fitting estimated that on 

average, she saw one such claim each day during her work as a 

trial attorney. 

Id. The burden that the government must bear in responding 

to such claims is compounded by two other issues. First, a regulation that bars the disclosure of information contained in an asylum 

application, or even the fact that an alien has applied for asylum, 

hinders the government’s ability to confirm the veracity of asylum 

claims, or to obtain evidence that contradicts an alien’s asylum 

claims. See 8 CFR § 208.6. Second, information that ties a specific 

alien to terrorism is likely to be classified. The use of classified information in section 240 removal proceedings is disfavored, however. See e.g., Haddam v. INS, 54 F. Supp. 2d 588, 598 (E.D.Va. 

1999) (‘‘The use of secret evidence against a party, evidence that 

is given to, and relied on, by the IJ and BIA but kept entirely concealed from the party and the party’s counsel, is an obnoxious practice, so unfair that in any ordinary litigation context, its unconstitutionality is manifest.’’). 

The ‘‘central reason’’ standard will eliminate this presumption, 

and require aliens who allege persecution because they have been 

erroneously identified as terrorists to bear the same burden as all 

other asylum applicants, that is, they will have to offer direct or 

circumstantial evidence of motive, in accordance with Supreme 

Court precedent. 

Finally, with respect to so-called ‘‘mixed-motive’’ claims, under 

this amendment, asylum may be granted where there is more than 

one motive for mistreatment, as long as at least one central reason 

for the mistreatment is on account of race, religion, nationality, 

membership in a particular social group, or political opinion. 

Corroboration and Credibility. Clauses 208(b)(1)(B)(ii) and (iii), 

added by paragraph 101(a)(3) of Division B, will bring clarity and 

consistency to evidentiary determinations by codifying standards 

for determining the credibility of applicant testimony, and determining when corroborating evidence may be required. 

Corroboration: As a preliminary matter, new clause 

208(b)(1)(B)(ii) of the INA codifies the BIA case law standard that 

the testimony of an asylum applicant can be sufficient to sustain 

the asylum applicant’s burden of proof without corroboration, 

where the adjudicator determines that such testimony is credible, 

persuasive, and refers to specific facts demonstrating refugee status. Many aliens validly seeking asylum arrive in the United 

States with little or no evidence to corroborate their claims. This 

clause recognizes that a lack of extrinsic or corroborating evidence 

will not necessarily defeat an asylum claim where such evidence is 

not reasonably available to the applicant. 

Codifying the BIA’s corroboration standards, new clause 

208(b)(1)(B)(ii) in the INA states that if an adjudicator determines 

166 

that an asylum applicant should provide corroborating evidence for 

otherwise credible testimony, such corroborating evidence must be 

provided unless the applicant does not have it and cannot reasonably obtain it. Although this provision makes it possible for an 

alien to prove eligibility for asylum without corroborating evidence, 

the inability to obtain corroborating evidence does not relieve the 

applicant from sustaining the burden of proof, that is, the alien 

must satisfy his burden through other evidence. 

This provision is based upon the standard set forth in the 

BIA’s decision in Matter of S–M–J–, 21 I&N Dec. 722. The BIA held 

there: 

Because the burden of proof is on the alien, an applicant should provide supporting evidence, both of general 

country conditions and of the specific facts sought to be relied on by the applicant, where such evidence is available. 

If such evidence is unavailable, the applicant must explain 

its unavailability, and the Immigration Judge must ensure 

that the applicant’s explanation is included in the record. 

Moreover, general country condition information may be 

necessary to support an applicant’s testimony where the 

alien’s claim is based on allegations which may be independently verified. ‘‘(W)hen the basis of an asylum claim 

becomes less focused on specific events involving the respondent personally and instead is more directed to broad 

allegations regarding general conditions in the respondent’s country of origin, corroborative background evidence 

that establishes a plausible context for the persecution 

claim (or an explanation for the absence of such evidence) 

may well be essential.’’ 

Id. at 724 (internal citations omitted). With respect to evidence 

to support the applicant’s specific claim, the BIA explained: 

Unreasonable demands are not placed on an asylum 

applicant to present evidence to corroborate particular experiences (e.g., corroboration from the persecutor). However, where it is reasonable to expect corroborating evidence for certain alleged facts pertaining to the specifics of 

an applicant’s claim, such evidence should be provided. 

That is, an asylum applicant should provide documentary 

support for material facts which are central to his or her 

claim and easily subject to verification, such as evidence of 

his or her place of birth, media accounts of large demonstrations, evidence of a publicly held office, or documentation of medical treatment. If the applicant does not 

provide such information, an explanation should be given 

as to why such information was not presented. . . . The absence of such corroborating evidence can lead to a finding 

that the applicant has failed to meet her burden of proof. 

Id. at 725–26. Congress anticipates that the standards in Matter of S–M–J–, including the BIA’s conclusions on situations where 

corroborating evidence is or is not required, will guide the BIA and 

the courts in interpreting this clause. 

Credibility: Proposed new clause 208(b)(1)(B)(iii) of the INA 

codifies factors identified in case law on which an adjudicator may 

167 

make a credibility determination, including demeanor, candor, responsiveness, inherent plausibility of the account, consistency between the written and oral statements (regardless of when it was 

made and whether it was under oath, and considering the circumstances under which the statements were made), internal consistency of a statement, consistency of statements with the country 

conditions in the country from which the applicant claims asylum, 

and any inaccuracies or falsehoods in such statements. This section 

reiterates the rule that an asylum adjudicator is entitled to consider credible testimony along with other evidence. 

Again, the creation of a uniform standard for credibility is 

needed to address a conflict on this issue between the Ninth Circuit on one hand and other circuits and the BIA. In Elias-Zacarias, 

502 U.S. 478, the Supreme Court rejected the notion that a reviewing court may overturn a determination of the BIA in an asylum 

case whenever the court believes that the evidence supports a conclusion different from that of the BIA. It explained that ‘‘[t]o reverse the BIA finding we must find that the evidence not only supports that conclusion, but compels it.’’ Id. at 481 n.1. Thus, an asylum applicant who ‘‘seeks to obtain judicial reversal of the BIA’s 

determination . . . must show that the evidence he presented was 

so compelling that no reasonable factfinder could fail to find the 

requisite fear of persecution.’’ Id. at 483–484. 

In 1996, as part of IIRIRA, Congress codified the principles 

that the Court articulated in Elias-Zacarias. Congress directed that 

a court of appeals reviewing an order of removal must confine its 

review to the administrative record before the agency and must accept the BIA’s findings of fact as ‘‘conclusive unless any reasonable 

adjudicator would be compelled to conclude to the contrary.’’ Sections 242(b)(4)(A) and (B) of the INA. 

This clause will allow Immigration Judges and the BIA to follow commonsense standards in assessing the credibility of asylum 

applicants better allowing them to identify and reject fraudulent 

claims. It should be noted, however, that although clause 

208(b)(1)(B)(iii) would allow an adjudicator to base an adverse 

credibility determination on any of the factors set forth therein, 

such a determination must be reasonable and take into consideration the individual circumstances of the specific witness and/or applicant. 

While the trier of fact is not required to state expressly that 

the trier has considered each factor in assessing credibility, Congress expects that the trier of fact will describe those factors that 

form the basis of the trier’s opinion. This is true even where the 

trier of fact bases a credibility determination in part or in whole 

on the demeanor of the applicant. 

Courts have recognized the expertise that Immigration Judges 

bring to this task. As the Ninth Circuit has held, for example: ‘‘An 

immigration judge alone is in a position to observe an alien’s tone 

and demeanor, to explore inconsistencies in testimony, and to apply 

workable and consistent standards in the evaluation of testimonial 

evidence. He is, by virtue of his acquired skill, uniquely qualified 

to decide whether an alien’s testimony has about it the ring of 

truth.’’ Sarvia-Quintanilla v. INS, 767 F.2d 1387, 1395 (9th Cir. 

1985). 

168 

In assessing an applicant’s demeanor for purposes of making 

a credibility assessment, Congress anticipates that triers of fact 

will rely on those aspects of demeanor that are indicative of truthfulness or deception. For example, in explaining why it ‘‘granted 

special deference to the IJ’s eyewitness observations regarding demeanor evidence,’’ the Ninth Circuit cited to an explanation that it 

had given ‘‘in the context of a similarly-situated administrative law 

judge,’’ holding: ‘‘Weight is given to the administrative law judge’s 

determinations of credibility for the obvious reason that he or she 

‘sees the witnesses and hears them testify, while the Board and the 

reviewing court look only at cold records.’ All aspects of the 

witness’s demeanor—including the expression of his countenance, 

how he sits or stands, whether he is inordinately nervous, his coloration during critical examination, the modulation or pace of his 

speech and other non-verbal communication—may convince the observing trial judge that the witness is testifying truthfully or falsely.’’ Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 662 (9th Cir. 

2003). As noted, a credibility determination should follow an examination of all relevant circumstances, including the circumstances 

of the individual applicant. 

Finally, this provision makes it clear that there is no presumption of credibility, but if no adverse credibility determination is explicitly made, the applicant or witness has a rebuttable presumption of credibility on appeal. 

Effective Dates. Paragraph 101(g)(2) would provide that the 

asylum standards established in paragraph 101(a)(3) of Division B 

shall take effect on the date of enactment and apply to asylum applications made on or after such date, therefore, the standards 

would not apply by statute to asylum applications filed before the 

date of enactment, although such standards in existing case law 

would apply. 

Standards for Granting Withholding of Removal. Paragraph 

241(b)(3) of the INA places restrictions on removal to a country 

where an alien’s life or freedom would be threatened. Withholding 

is a form of protection similar to asylum, with some critical differences. Asylum is a discretionary form of relief, for which the 

standard is a ‘‘well-founded fear of persecution.’’ Withholding of removal, on the other hand, is mandatory protection from removal for 

those who can satisfy the higher standard of a ‘‘clear probability of 

persecution,’’ also expressed as ‘‘more likely than not’’ that an alien 

would be persecuted. There are other key differences between the 

two forms of relief. A person who has been granted asylum has 

been admitted into the United States, although the status is not a 

right to reside permanently in the United States. An alien who is 

granted withholding has not been granted legal entry into the 

United States and may be removed to his country when there is 

no longer any threat to his life or freedom. Withholding of removal 

is only specific to a particular country and therefore does not preclude removal to another country. An alien granted withholding of 

removal may not adjust to the status of a lawful permanent resident and the alien’s family members are not eligible to come to the 

United States via the alien’s status in the United States. 

In contrast, an alien granted asylum may adjust status under 

subsection 209(b) of the INA after being present in the United 

States for one year after the grant of asylum if the alien still meets 

169 

the definition of refugee, is not firmly resettled in any other country and is otherwise admissible as an immigrant (with exemptions 

from certain grounds of inadmissibility). Additionally, under paragraph 208(b)(3) of the INA, the spouse and children of an alien 

granted asylum, if not otherwise eligible for asylum, may be granted asylum themselves if accompanying or following to join the 

alien. Aside from the higher standard for burden of proof, withholding of removal involves similar consideration of credibility and 

corroboration factors and some of the same issues regarding Ninth 

Circuit jurisprudence. 

Subsection 101(c) of Division B would amend paragraph 

241(b)(3) of the INA by applying to and codifying for withholding 

of removal applications the same standards for sustaining the applicable burden of proof and for assessing credibility that would be 

used for asylum adjudications under clauses 208(b)(1)(B)(ii) and 

(iii) of the INA, as added by paragraph 101(a)(3) of Division B. 

Subsection 101(h)(2) of Division B would provide that the withholding of removal standards established in subsection 101(c) take 

effect on the date of enactment and apply to withholding applications made on or after such date. Accordingly, those standards 

would not apply by statute to applications filed before the date of 

enactment, although such standards in existing case law would 

apply. 

Other Applications for Relief. Subsection 101(d) of Division B 

would add a new paragraph 240(c)(4) to the INA. This paragraph 

would apply the credibility and corroboration standards in section 

101(a)(3) of Division B to other applications for relief and protection from removal. The new paragraph also codifies the current requirement that an alien applying for relief or protection from removal bears the burden of satisfying the eligibility requirements 

for that relief or protection, and also that he or she merits that relief as a matter of discretion, if the relief is discretionary. 

Subsection 101(h)(2) of Division B would provide that the 

standards established in subsection 101(d) shall take effect on the 

date of enactment and apply to withholding applications made on 

or after such date. Accordingly, those standards would not apply by 

statute to applications filed before the date of enactment, although 

such standards in existing case law would apply. 

Judicial Review of Corroboration Determinations: Subsection 

101(e) of Division B would amend paragraph 242(b)(4) of the INA 

by establishing a specific standard of review for reversal of determinations concerning the availability of corroborating evidence by 

an adjudicator considering an application for asylum, withholding 

of removal, or other applications for relief or protection. This subsection would apply the prevailing standard of review for factual 

determinations in subparagraph 242(b)(4)(B) of the INA to determinations about the availability of corroborating evidence, itself a 

factual determination. This provision underscores that the appropriate standard of review for such determinations is the deferential 

factual review standard. 

Subsection 101(g)(3) of Division B would provide that the 

standards established in subsection 101(e) shall take effect on the 

date of enactment and apply to all cases in which the final removal 

order was issued before, on, or after such date. 

170 

Clarification of Discretionary Relief Provision: Subsection 

101(f) would amend subparagraph 242(a)(2)(B) of the INA by clarifying that the provision barring judicial review of denials of discretionary relief applies regardless of whether the discretionary judgment, decision, or action is made in removal proceedings. It also 

amends subparagraph 242(a)(2)(B) of the INA by adding reference 

to the Secretary of Homeland Security, to clarify the text and make 

it consistent with the aims of the Reorganization Plan for the Department of Homeland Security. 

Subsection 101(g)(4) of Division B would provide that the 

amendments in subsection 101(f) shall take effect on the date of enactment and apply to all cases pending before, on, or after such 

date. 

Removal of Caps. Section 209 of the INA currently provides 

that the Attorney General may adjust the status of aliens granted 

asylum to lawful permanent residence if they satisfy certain conditions, subject to a cap of 10,000 persons per fiscal year (aside from 

certain groups of asylees who are or have been exempt from the 

cap or subject to limits set in other legislation). Paragraph 

101(g)(1) of Division B would eliminate the cap for adjustment of 

status for asylees. It would also replace references to the ‘‘Immigration and Naturalization Service’’ with references to the ‘‘Department of Homeland Security’’ and replace references to the ‘‘Attorney General’’ with references to the ‘‘Secretary of Homeland Security or the Attorney General.’’ 

Similarly, under section 207(a)(5) of the INA, not more than 

1,000 aliens may be admitted as refugees or granted asylum under 

the provision of section 101(a)(42) therein relating to persecution 

for resistance to coercive population control methods. Paragraph 

101(g)(2) would strike the limitation on grants under this provision. 

Subsection 101(f), lifting these caps, shall take effect on the 

date of enactment of Division B, pursuant to paragraph 101(g)(5). 

Repeal of the Study and Report on Terrorists and Asylum. Section 5403 of the Intelligence Reform and Terrorism Prevention Act 

of 2004 provides that ‘‘the Comptroller General of the United 

States shall conduct a study to evaluate the extent to which weaknesses in the United States asylum system and withholding of removal system have been or could be exploited by aliens connected 

to, charged in connection with, or tied to terrorist activity,’’ including the extent to which precedential court decisions may have affected the ability of the Federal Government to prove that an alien 

is a terrorist who should be denied asylum and/or removed. 

Subsection 101(h) of Division B would repeal the requirement 

for the study and report, because the other provisions in section 

101 of Division B would resolve the vulnerability of the asylum and 

withholding of removal systems to terrorist exploitation. 

Section 102 of the conference agreement includes language 

modified from language proposed in section 102 of division B of the 

House bill. The Senate did not include similar language. 

Section 102 of the Illegal Immigration Reform and Immigrant 

Responsibility Act of 1996 provides for construction and strengthening of barriers along U.S. land borders and specifically provides 

for 14 miles of barriers and roads along the border near San Diego, 

beginning at the Pacific Ocean and extending eastward. It provides 

171 

for a waiver of the Endangered Species Act of 1973 (ESA) and the 

National Environmental Policy Act of 1969 (NEPA) to the extent 

the Attorney General determines is necessary to ensure expeditious 

construction of barriers and roads. Despite the existing waiver provision, construction of the San Diego area barriers has been delayed due to a dispute involving other laws. The California Coastal 

Commission has prevented completion of the San Diego border security infrastructure because it alleges that plans to complete it are 

inconsistent with the California Coastal Management Program, a 

state program approved pursuant to the federal Coastal Zone Management Act (CZMA)—notwithstanding the fact that the San Diego 

border security infrastructure was designed to avoid and/or minimize adverse environmental impacts, and the Bureau of Customs 

and Border Protection (CBP) of the Department of Homeland Security testified before the California Coastal Commission that the 

plans for completion were consistent with the Coastal Management 

Program to the maximum extent practicable without sacrificing the 

effectiveness of the border security infrastructure. Continued 

delays caused by litigation have demonstrated the need for additional waiver authority with respect to other laws that might impede the expeditious construction of security infrastructure along 

the border, such as the Coastal Zone Management Act. 

Current Law. Section 102(c) of IIRIRA provided for a waiver 

of the ESA and NEPA to the extent the Attorney General determines is necessary to ensure expeditious construction of barriers 

and roads. 

Section 102 of the conference report would amend the current 

provision to require the Secretary of Homeland Security to waive 

all laws that he or she determines, in his or her sole discretion, are 

necessary to ensure the expeditious construction of the border barriers. 

Additionally, it would prohibit judicial review of a waiver decision or action by the Secretary and bar judicially ordered compensatory, declaratory, or injunctive, equitable, or any other relief or 

other remedy for damage alleged to result from any such decision 

or action. As discussed above, current statutes and the Reorganization Plan for the Department of Homeland Security have not 

amended and clarified references to executive authority throughout 

the INA. Accordingly, the provision would have replaced the reference in current law to the Attorney General by a reference to the 

Secretary of Homeland Security. 

The Conferees have revised the House provision in the following respects. First, the revised provision authorizes but does not 

require the Secretary of DHS to waive any legal requirements that 

he or she, in his or her sole discretion, determines are necessary 

to ensure expeditious construction of border security infrastructure. 

Second, the provision clarifies the intent of the conference report 

by substituting a reference to waiver of ‘‘all legal requirements’’ for 

the prior reference to waiver of ‘‘all laws’’, clarifying Congress’ intent that the Secretary’s discretionary waiver authority extends to 

any local, state or federal statute, regulation, or administrative 

order that could impede expeditious construction of border security 

infrastructure. Third, the conferees provided that any such waiver 

would become effective upon publication in the Federal Register, 

thereby ensuring appropriate public notice of such determinations. 

172 

Finally, the Conferees have provided federal judicial review for 

claims alleging that the actions or decisions of the Secretary violate 

the United States Constitution. The Conferees have further provided that such claims must be filed within sixty days of the Secretary’s action or decision, and that interlocutory or final judgments, decrees, or orders of federal district courts on such claims 

may be reviewed only upon petition for a writ of certiorari to the 

Supreme Court of the United States. The Conferees’ intent is to ensure that judicial review of actions or decisions of the Secretary not 

delay the expeditious construction of border security infrastructure, 

thereby defeating the purpose of the Secretary’s waiver. 

Section 106 of the conference agreement includes language 

modified from language proposed in section 105 of division B of the 

House bill. The Senate did not include similar language. 

Section 106 of Division B addresses a number of judicial review 

anomalies improperly favoring criminal aliens that were created by 

court decisions interpreting changes to the INA in 1996. Since 

1961, Congress has consistently provided that only the courts of appeals may review removal orders. From 1961 through 1996, the 

INA provided that review in the courts of appeals ‘‘shall be the sole 

and exclusive procedure’’ for judicial review of deportation orders. 

See INA subsection 106(a) (1995) (entitled ‘‘Exclusiveness of procedure’’). As the legislative history behind this provision reveals, Congress aimed to ‘‘create a single, separate, statutory form of judicial 

review of administrative orders for the deportation and exclusion of 

aliens from the United States.’’ H.R. Rep. No. 1086, 87th Cong., 1st 

Sess., reprinted in 1961 U.S.C.C.A.N. 2950, 2966 (1961). Congress’s 

‘‘fundamental purpose’’ was ‘‘to abbreviate the process of judicial 

review of deportation orders’’ and to ‘‘eliminat[e] the previous initial step in obtaining judicial review—a suit in a District Court.’’ 

Foti v. INS, 375 U.S. 217, 224 (1963); accord Agosto v. INS, 436 

U.S. 748, 752–53 (1978); Giova v. Rosenberg, 379 U.S. 18 (1964) 

(per curiam). Thus, a final order of deportation could be challenged 

only in the appropriate court of appeals upon a timely filed petition 

for review. 

Such order could not have been challenged in district court by 

way of habeas corpus. Although the INA contained another provision permitting habeas review, see INA § 106(a)(10) (1995), several 

circuits interpreted that provision as not providing habeas review 

over deportation orders, but only review over collateral issues, such 

as whether the alien should be released from custody or granted 

a stay of deportation pending a petition for review. 

Moreover, to the extent that habeas review of deportation orders had been available before 1996, Congress attempted to eliminate it in enacting the Antiterrorism and Effective Death Penalty 

Act of 1996 (AEDPA), Pub. L. 104–132, 110 Stat. 1214 (April 24, 

1996). One of the statute’s provisions, entitled ‘‘Elimination of Custody Review by Habeas Corpus,’’ expressly repealed the former habeas provision. See subsection 401(e), 110 Stat. 1268, repealing 

INA paragraph 106(a)(10) (1995). This was part of Congress’s broad 

efforts to streamline immigration proceedings. Indeed, to expedite 

removal, section 440(a) of AEDPA precluded all judicial review of 

deportation orders for certain classes of criminal aliens. 110 Stat. 

1276–77 (providing that such orders ‘‘shall not be subject to review 

by any court’’). 

173 

Congress continued these streamlining reforms when it enacted the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104–208, 110 Stat. 3546 (Sept. 

30, 1996). In IIRIRA, Congress reestablished that only courts of appeals—and not district courts—could review a final removal order 

(or, to use the pre–1996 nomenclature, deportation order or exclusion order). See section 242(a)(1) of the INA (incorporating the 

Hobbs Act, 28 U.S.C. § 2347). In addition, Congress made clear that 

review of a final removal order is the only mechanism for reviewing 

any issue raised in a removal proceeding. Section 242(b)(9) of the 

INA (2000); see also IIRIRA § 309(c)(4)(A) (transition rules). Together, these provisions were intended to preclude all district court 

review of any issue raised in a removal proceeding. Finally, as it 

did in AEDPA, Congress confirmed that criminal aliens could not 

obtain any judicial review. IIRIRA expressly provided that, 

‘‘[n]otwithstanding any other provision of law, no court shall have 

jurisdiction to review any final order of removal against an alien 

who is removable by reason of having committed’’ one of various 

criminal offenses, including aggravated felonies. See section 

242(a)(2)(C) (2000) (emphasis added); see also S. Rep. No. 104–249, 

104th Cong, 2d Sess. at 7 (‘‘Aliens who violate U.S. immigration 

law should be removed from this country as soon as possible.’’). 

Despite Congress’s efforts to limit judicial review in 1996, the 

Supreme Court expanded it just five years later. In INS v. St. Cyr, the Supreme Court held that criminal aliens are actually entitled 

to more review than they had before the 1996 amendments, and 

more review than non-criminal aliens. INS v. St. Cyr, 533 U.S. 289 

(2001). Specifically, the Court held that criminal aliens could seek 

habeas review of their removal orders under 28 U.S.C. § 2241. With 

habeas review, the criminal alien would get review in district court 

and, on appeal, in the court of appeals. 

The basis for the Court’s decision was that Congress never ‘‘explicitly mention[ed]’’ section 2241 or habeas when it eliminated all 

judicial review over criminal aliens’ removal orders. Id. at 312–13. 

According to the Court, an explicit reference to section 2241 or habeas was necessary because Congress did not provide for ‘‘another 

judicial forum’’ for criminal aliens to raise pure questions of law because, as noted, whereas non-criminal aliens could challenge their 

removal orders in the courts of appeals, under AEDPA and IIRIRA, 

criminal aliens could not. Id. at 298–300, 312–14; see also id. at 

312 n.36 (‘‘Congress’’ failure to refer specifically to § 2241 is particularly significant.’’). Thus, as a matter of statutory interpretation, the Court held that criminal aliens could bring habeas actions 

under section 2241. 

The Court recognized that, as a result of its decision, criminal 

aliens would be able to seek review in district court and, on appeal, 

in the courts of appeals, whereas non-criminal aliens could obtain 

review only in the courts of appeals. It noted that Congress could 

fix this anomaly, however. As the Court stated, ‘‘Congress could 

without raising any constitutional questions, provide an adequate 

substitute [to section 2241] through the courts of appeals.’’ Id. at 

314. n.38. 

Among the many problems caused by St. Cyr, the most significant is that this decision allows criminal aliens to delay their expulsion from the United States for years. 

174 

Furthermore, because of St. Cyr, aliens who have committed 

serious crimes in the United States are generally able to obtain 

more judicial review than non-criminal aliens. As the dissent in St. 

Cyr pointed out, allowing criminal aliens to obtain habeas review 

of their immigration orders in the district court ‘‘brings forth a 

version of the statute that affords criminal aliens more opportunities for delay-inducing judicial review than are afforded to noncriminal aliens, or even than were afforded to criminal aliens prior 

to the legislation concededly designed to expedite their removal.’’ 

533 U.S. at 327 (Scalia, J. dissenting). This is because, under St. 

Cyr, criminal aliens are able to begin the judicial review process in 

the district court, and then appeal to the circuit court of appeals. 

Criminal aliens thus can obtain review in two judicial forums, 

whereas non-criminal aliens may generally seek review only in the 

courts of appeals. Not only is this result unfair and illogical, but 

it also wastes scarce judicial and executive resources. 

Finally, the result in St. Cyr has created confusion in the federal courts as to what immigration issues can be reviewed, and 

which courts can review them. The decision in St. Cyr itself held 

that district courts, and not the courts of appeals, have habeas corpus review authority over statutory claims involving discretionary 

immigration relief. See also Calcano-Martinez v. INS, 533 U.S. 348, 

351–52 (2001). On the other hand, after St. Cyr, every circuit court 

has held that courts of appeals retain jurisdiction to review limited 

threshold ‘‘jurisdiction to determine jurisdiction’’ questions raised 

by criminal aliens in petitions for review. Therefore, following St. 

Cyr, some issues are still reviewable in the circuit courts while others are reviewable only in the district courts, resulting in bifurcated and inefficient review. Additionally, the circuits have split on 

the question of which court may entertain constitutional challenges 

to criminal aliens’ removal orders (a question left open in St. Cyr). 

All of this has resulted in piecemeal review, uncertainty, lack of 

uniformity, and a waste of resources both for the judicial branch 

and Government lawyers—the very opposite of what Congress tried 

to accomplish in 1996. 

Section 106 of Division B would address the anomalies created 

by St. Cyr and its progeny by restoring uniformity and order to the 

law. First, under this section, criminal aliens will have fewer opportunities to delay their removal, because they will not be able to 

obtain district court review in addition to circuit court review, and 

will not be able to ignore the thirty-day time limit on seeking review. Second, criminal aliens will not receive more judicial review 

than non-criminals. Under the amendments in section 106, all 

aliens will get review in the same forum—the courts of appeals. 

Third, by channeling review to the courts of appeals, section 106 

will eliminate the problems of bifurcated and piecemeal litigation. 

Thus, the overall effect of the proposed reforms is to give every 

alien a fair opportunity to obtain judicial review while restoring 

order and common sense to the judicial review process. 

Significantly, this section does not eliminate judicial review, 

but simply restores such review to its former settled forum prior 

to 1996. Under section 106, all aliens who are ordered removed by 

an immigration judge will be able to appeal to the BIA and then 

raise constitutional and legal challenges in the courts of appeals. 

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view of such claims. Unlike AEDPA and IIRIRA, which attempted 

to eliminate judicial review of criminal aliens’ removal orders, section 106 would give every alien one day in the court of appeals, satisfying constitutional concerns. The Supreme Court has held that 

in supplanting the writ of habeas corpus with an alternative 

scheme, Congress need only provide a scheme which is an ‘‘adequate and effective’’ substitute for habeas corpus. See Swain v. 

Pressley, 430 U.S. 372, 381 (1977). Indeed, in St. Cyr itself, the Supreme Court recognized that ‘‘Congress could, without raising any 

constitutional questions, provide an adequate substitute through 

the courts of appeals.’’ St. Cyr, 533 U.S. at 314 n.38 (emphasis 

added). By placing all review in the courts of appeals, Division B 

would provide an ‘‘adequate and effective’’ alternative to habeas 

corpus. Id. 

Further, while the reforms in section 106 would preclude criminals from obtaining review over non-constitutional, non-legal 

claims, it would not change the scope of review that criminal aliens 

currently receive, because habeas review does not cover discretionary determinations or factual issues that do not implicate constitutional due process. See, e.g., St. Cyr, 533 U.S. at 306–07 & 

n.27 (recognizing that habeas courts do not review ‘‘exercise[s] of 

discretion’’ or ‘‘factual determinations’’ that do not implicate due 

process); Fong Yue Ting v. INS, 149 U.S. 698, 713–14 (1893) (‘‘Congress might intrust the final determination of . . . facts to an executive officer’’); Heikkila v. Barber, 345 U.S. 229, 236 (1953) (‘‘the 

function of the courts has always been limited to the enforcement 

of due process requirements’’); Ter Yang v. INS, 109 F.3d 1185, 

1195 (7th Cir. 1997) (‘‘the Supreme Court long ago made it clear 

that this writ does not offer what our petitioners desire: review of 

discretionary decisions by the political branches of government’’); 

see also Sol v. INS, 274 F.3d 648, 651 (2d Cir. 2001) (habeas jurisdiction under § 2241 does not extend to factual or discretionary determinations). 

Moreover, section 106 would not preclude habeas review over 

challenges to detention that are independent of challenges to removal orders. Instead, the bill would eliminate habeas review only 

over challenges to removal orders. 

Review in the Courts of Appeals. Subparagraph 106(a)(1)(A) of 

Division B would replace habeas corpus review of specified removal 

orders with review of constitutional claims and questions of law before the courts of appeal. 

It should be noted that the word ‘‘pure,’’ in the phrase ‘‘pure 

question of law,’’ which had appeared in prior versions of a proposed section 242(a)(2)(D) of the INA, has been deleted from that 

phrase in the final version in this subparagraph because it is superfluous. As the ACLU explained during the St. Cyr litigation, a 

‘‘question of law’’ is a question regarding the construction of a statute. The word ‘‘pure’’ adds no meaning. The purpose of section 

106(a)(1)(A)(iii) is to permit judicial review over those issues that 

were historically reviewable on habeas—constitutional and statutory-construction questions, not discretionary or factual questions. 

When a court is presented with a mixed question of law and fact, 

the court should analyze it to the extent there are legal elements, 

but should not review any factual elements. Factual questions include those questions that courts would review under the ‘‘substanVerDate Aug 04 2004 10:26 May 05, 2005 Jkt 020930 PO 00000 Frm 00175 Fmt 6659 Sfmt 6601 E:\HR\OC\HR072.XXX HR072
176 

tial evidence’’ or 242(b)(4)(B) standard, reversing only when a reasonable factfinder would be compelled to conclude that the decision 

below was erroneous. 

Section 106(a)(1)(B) adds a new section 242(a)(4) to the INA. 

This provision will allow aliens in section 240 removal proceedings 

to seek review of ‘‘any cause or claim under the United Nations 

Convention Against Torture and Other Forms of Cruel, Inhuman, 

or Degrading Treatment or Punishment’’ in the courts of appeal. 

Section 106(a)(2) of Division B would amend section 242(b)(9) 

of the INA, concerning consolidation of issues for judicial review, 

to clarify that, except as otherwise provided in section 242 of the 

INA, no court is to have jurisdiction for habeas review or other 

non-direct judicial review of a removal order or questions of law or 

fact arising from such an order. This does not affect habeas corpus 

review in section 242(e)(2) of the INA. Subsection 242(g) of the 

INA, concerning exclusive jurisdiction, is also amended to clarify 

that no habeas review or other non-direct judicial review would be 

available for any claim arising from a decision or action by the Attorney General regarding the initiation and adjudication of removal 

proceedings or the execution of removal orders against any alien. 

Under subsection 106(b), the effective date of the amendments 

in subsection 106(a) is the date of enactment of Division B, and the 

amendments would apply to cases in which the final administrative 

order of removal, deportation or exclusion was issued before, on, or 

after the date of enactment. Subsection 106(c) of Division B would 

provide for the transfer of pending habeas cases from district 

courts to federal appellate courts in which they could have been 

properly filed under section 242(b)(2) of the INA or the transitional 

rules of IIRIRA. 

Subsection 106(d) provides that IIRIRA transition-rule cases 

filed under former subsection 106(a) of the INA (1995), concerning 

judicial review of deportation and exclusion cases and repealed by 

the IIRIRA, shall be treated as if they had been filed under section 

242 of the INA and that such petitions shall be the sole avenue for 

judicial review of deportation or exclusion orders, notwithstanding 

any other provisions of law, including habeas review or other nondirect judicial review. 

Finally, it should also be noted that section 106 will not preclude habeas review over challenges to detention that are independent of challenges to removal orders. Instead, the bill would 

eliminate habeas review only over challenges to removal orders. 

TITLE II—IMPROVED SECURITY FOR DRIVERS’ LICENSES 

AND PERSONAL IDENTIFICATION CARDS 

Section 201 of the conference agreement includes language 

modified from language proposed in section 201 of Division B of the 

House bill. The Senate did not include similar language. 

Section 201 is necessary to clarify the Federal law as it pertains to driver’s licenses, and relates it to other federal laws that 

govern state issuance and records keeping of ‘‘motor vehicle operator’s license.’’ That means that, to the degree that commercial truck 

driver’s licenses and HAZMAT licenses are separately defined by 

Title 49, this law is directed to the personal driver’s licenses and 

local use commercial vehicle licenses. It also names identification 

cards as being regulated, as every entity listed under the ‘‘State’’ 

177 

definition issues identity cards as well as driver’s licenses. The Act 

establishes a minimum definition of ‘‘Official Purpose’’ to limit the 

use of any licenses or ID cards issued by states that do not meet 

the Act’s requirements. More specifically, the definition provides direction as to what certain categories of temporary license marked 

clearly on their face to indicate they are not acceptable for federal 

identification or federal purposes and cannot be used. For example, 

non compliant driver’s licenses or noncompliant state issued ID 

cards cannot be used for identification to board federally regulated 

commercial aircraft, enter nuclear power plants or have access to 

federally regulated critical infrastructure or similar facilities determined to be vulnerable to attack. Noncompliant driver’s licenses or 

noncompliant state issued ID cards cannot be used for identification for any federal purpose. The Secretary is authorized to establish other purposes for which only those license and ID cards that 

meet federal standards can be used. 

Section 202 of the conference agreement includes language 

modified from language proposed in section 202 of Division B of the 

House bill. The Senate did not include similar language. 

202(a)(1) states that the law is binding on Federal agencies— 

not the states. Consequently, this Act does not directly impose federal standards with respect to states’ issuance of driver’s licenses 

and personal identification cards. The application of the law is indirect, and hence states need not comply with the listed standards. 

However, states would nevertheless need to adopt such standards 

and modify any conflicting laws or regulations in order for such 

documents to be recognized by federal agencies for official purposes. The Federal Government regulates driver’s licenses issuance 

now for HAZMAT and commercial trucks, but not with regard to 

their physical security, counterfeit resistance or with regard to the 

confirmation of the identity of an applicant before license issuance. 

There is also federal regulation regarding Driving Under the Influence of alcohol, including requiring suspension of driving privileges, 

and provides grants to states for prevention programs. Federal law 

and regulations (23 CFR Chapter III) also provide detailed prescriptions for driver’s safety training as a condition for issuance of 

licenses, and minimum standards for visual features to enable distinction between learner’s permits and full validity driver’s licenses. There is also a National Driver Register Problem Driver 

Point System, established by the National Driver Register Act of 

1982. This Act established a mandate for states to share information about ‘‘bad drivers’’ through this system. Participation in the 

NDR is optional, conditioned by Federal grants. All 50 States and 

the District of Columbia participate in the NDR. The system is also 

referred to as the Problem Driver Pointer System (PDPS). Regulations governing participants require states to collect more information than required for the minimum document requirements under 

Section 202 as part of the license issuance process. However, the 

requirements for proof of identification to obtain a license are generalized. When the REAL ID Act becomes law, CFR 23 will need 

to be substantially revised by DOT to add details to the pertinent 

sections, as determined through the Department of Homeland Security established regulations implementing the Act. The primary 

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ties of driver’s license holders will be the PDPS, once upgraded and 

with complimentary system capacity upgrading by the States. 

202(a)(2). The Conferees revised HR 418, which placed compliance certification by the States under the authority of the Secretary of Homeland Security, based on certification by the Secretary of Transportation, so that the Secretary of Homeland Security will determine whether a state is complying with its certifications of compliance with the Act. This establishes a new channel 

of federal regulation and compliance audit by the Department of 

Homeland Security for identity management, while requiring coordination of regulations with the Department of Transportation 

(DOT) of driver’s license regimes. 

Section 202(b) Minimum Document Requirements. The intent 

of this requirement is to improve the ability of law enforcement officers at all levels to confirm the identity of the individuals presenting state issued driver’s licenses or identification cards. 

202(b)(1) Many states don’t follow the convention of full legal 

name. For example, a person might ‘‘use’’ a middle name versus 

his/her first name, and therefore prefer that the driver’s license use 

that name without regard to the ‘‘real’’ first name. Instead of William Beauford Brown, the state driver’s license states simply ‘‘Beau 

Brown.’’ Using a name other than a full legal name results in ‘‘no 

matches’’ when checked against other public records that use the 

full legal name. This occurred with some of the licenses and state 

ID cards obtained by the 9/11 terrorists, where the driver’s license 

‘‘names’’ were variants on the actual name carried in the passport, 

despite the terrorists’ use of their own, valid passports to verify 

name. 

202(b)(2) The person’s date of birth is necessary to differentiate 

the person from others with the same name—for example, there 

are thousands of John R. Browns in the U.S., but very few have 

the same birthday. This is particularly relevant to protect people 

from being delayed at airports because their name coincides with 

someone on the ‘‘do not fly’’ list. Additional biographic information 

on the document most citizens present to board a plane will reduce 

problems with misidentification that currently plague our security 

processes. 

202(b)(3) Gender is for all but a very few persons a clearly definable and verifiable biometric identifier. It allows law enforcement and airport security to quickly match or ‘‘no match’’ a person 

against a wants and warrant notification. Systematically employing 

it throughout the country would not only improve identification of 

suspected terrorists, it would expedite the checks on everyone else 

by reducing ‘‘false positives’’ where a person is erroneously matched 

by name with a wanted person. 

202(b)(4) Currently every state does post a driver’s license 

number on a permanent driver’s license ‘‘card,’’ but not all states 

employ traceable numbers on temporary licenses and temporary 

state ID cards. This is obviously an important tool in differentiating counterfeit licenses from valid licenses—via a number 

check. 

202(b)(5) requires a digital photograph of the person so that it 

can be confirmed by comparison to the current and/or future database of the State issuing the license, using existing secure technology designed for that purpose. More than 20 states continue to 

179 

use a process where ‘‘regular’’ photos are glued into license forms. 

These are easily altered by breaking the plastic seal, and replacing 

the valid photo with one of the person who has stolen or ‘‘borrowed’’ the license or ID card from the person to whom it was validly issued. The intent of requiring a digital photo, as in a passport, is to insure that the photo accurately captures the appearance 

of the person to whom it was issued. It also allows the state to retain a record of the digital image at a relatively low cost, and be 

able to provide that image to law enforcement quickly via a computer link. 

202(b)(6) Having the person’s principal residence address is, in 

fact, a standard requirement in nearly all states, but many states 

make no effort to verify that it is the principal residence, and not 

an address of convenience, or a completely irrelevant address selected at random by the applicant. In this last case, the applicant 

has normally provided a false address to avoid apprehension for a 

crime, or notification by law enforcement regarding a civil award. 

Many scofflaw fathers hide their current location to avoid paying 

child support, as required by federal law. 

202(b)(7) requires a person’s signature, so that it can be compared to a person’s signature when using the card for identity confirmation for both civil, legal and regular financial transactions, as 

to verify a credit card signature. Signature verification is another 

means for a law enforcement officer to confirm identity, and is actually of convenience to retail establishments to confirm check and 

credit card signatures. 

202(b)(8) requires physical security features to prevent tampering, counterfeiting or duplication of the document for fraudulent 

purposes. The importance of this requirement cannot be overstated. 

A majority of states maintain a high level of physical security in 

the manufacture of their cards. Unfortunately, a significant minority of states do not issue licenses or ID cards with secure physical 

characteristics. This results in criminals, identity thieves, and amateurs such as college students being able to ‘‘manufacture’’ fake 

driver’s licenses and ID cards from these states. Federal law enforcement officials—national forensic document laboratory—can 

validate that the driver’s licenses of these states are not secure 

from counterfeiting using easily available technology. 

202(b)(9) A common machine-readable technology exists, along 

with common defined minimum data elements, under the interstate driver’s compact to which 46 states already belong. There is 

inconsistency in actual practice with regard to the order of the 

data. Further, there has been little research on methods to secure 

the privacy of the data contained on the machine readable strip. 

Improvements in the machine readable technology would allow for 

less data being present on the face of the card in the future, with 

other data stored securely and only able to be read by law enforcement officials. 

Section 202(c) Minimum Issuance Standards. The 9/11 Commission report recommended that the federal government correct 

the chronic weakness among many of the states in the verification 

of identity for issuance of licenses. That recommendation has been 

supported by other reports on criminal justice, drunk driving, and 

underage drinking, albeit for entirely different objectives. Current 

federal regulations addressing driver’s licenses require the states to 

180 

obtain a date of birth for each applicant, but states set their own 

criteria for what kind of document they can rely on for the DOB. 

Consequently, the Commission staff report noted that it’s similarly 

easy for a terrorist, or for a tourist, entering the U.S. on a valid 

visa, to build a ‘‘document chain’’ beginning with a counterfeit or 

an altered document. Precisely because we have many legal immigrants, States rarely check the authenticity of ‘‘green cards’’ or 

other immigration documents. Which is why 9–11 terrorist Mohammad Atta was able to pass a hand altered immigration document 

to get a 6 year Florida’s driver’s license despite holding what was, 

in fact, a visa that was about to expire. Once implemented, it will 

also address the problem in which high school and underage college 

students obtain authentic driver’s licenses in states other than ones 

they grew up in, with a false age that allows them to go into bars 

and consume alcohol. The provision will establish minimum 

issuance standards for federal recognition requiring that before a 

state can issue a driver’s license or photo identification card, it 

would have to verify with the issuing agency, the issuance, validity 

and completeness of: (1) a photo identification document or a nonphoto document containing both the individual’s full legal name 

and date of birth; (2) date of birth; (3) proof of a social security 

number (SSN) or verification of the individual’s ineligibility for a 

SSN; and (4) name and address of the individual’s principal residence. A comparable, but more loosely defined set of identity 

verification requirements pertaining to minimum requirements for 

NDR inquiries are stated in CFR 23, 1327.5 to be ‘‘Proof of identification—Acceptable forms of identification are driver’s license, 

birth certificate, credit card, employee identification card, and other 

forms of identification normally accepted by the State.’’ The new requirements do not ‘‘preempt any state verification standards’’ but 

require that the state establish a common minimum set of standards. Nothing in the law limits a state’s prerogative to use other 

supplementary forms of identity confirmation, nor to use a much 

lower standard for the issuance of learner’s permits or other driving permits that are not eligible to be used for identification purposes by federal agencies. For those forty states who have public 

policy positions and corroborating state law that establish minimum identity confirmation standards and a legal presence requirement, the standards will provide a common platform. 

202(c)(2)—Special Requirements. This requires a state, before 

issuing a driver’s license or identification card to a person, to require a person to present valid documentary evidence that he or 

she is either a U.S. citizen or national or an alien legally present 

in the United States. CRS has noted that there are no special requirements relating to the issuance of identification cards to persons who are not U.S. citizens but are nonetheless U.S. nationals 

(i.e., most residents of American Samoa or Swain’s Island). That 

will not be necessary within the Act, as the Secretaries of DHS and 

DOT will accordingly address those special categories of U.S. nationals (a U.S. citizen or ‘‘a person who, though not a citizen of the 

United States, owes permanent allegiance to the United States’’). 

For those states electing to conform to the requirements of this 

Act, so that their driver’s licenses will be accepted for identification 

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lishes the basis for a common statutory basis for subsequent federal regulations. 

202(c)(2)(B) The evidence of Legal Status requirements conform almost exactly to those of the laws of the Commonwealth of 

Virginia, and are parallel to the state laws of New York, Florida, 

California and roughly thirty other states which have passed laws 

requiring evidence of lawful presence in the United States. It requires for state license and ID cards verification that an applicant 

is lawfully present (not present in violation of the Immigration and 

Naturalization Act) in the United States before issuing a driver’s 

license or personal identification card that is intended to be used 

for identification purposes by federal agencies. Under this section, 

persons would only be eligible for temporary drivers’ licenses or 

identification cards if evidence is presented that they: (1) have a 

valid, unexpired non-immigrant visa or non-immigrant visa status 

for entry into the United States; (2) have a pending or approved 

application for asylum in the United States; (3) have entered into 

the United States in refugee status; (4) have a pending or approved 

application for temporary protected status in the United States; (5) 

have approved deferred action status; or (6) have a pending application for adjustment of status to that of an alien lawfully admitted 

for permanent residence in the United States or conditional permanent resident status in the United States. 

202(c)(2)(C) This establishes that, in order to issue temporary 

licenses or temporary ID cards that will be acceptable to the federal government for identification purposes, a state may only issue 

a temporary driver’s license or identification card with an expiration date equal to the period of time of the applicant’s authorized 

stay in the United States. Clause ii provides that if there is an indefinite end to the period of authorized stay, the card’s expiration 

date shall be one year. The temporary card shall clearly indicate 

that it is temporary and shall state the expiration date. Clause iii 

provides for clear display of the expiration date on a temporary 

card, which is an extremely important requirement for the benefit 

of public safety and security personnel, police and others who need 

to inspect people for entry to airports, secure facilities, and for official federal purposes, as defined in the act and by subsequent regulations. A clear display facilitates an expedited inspection, and a 

clear date to determine validity of the temporary licenses. Clause 

iv provides that renewals of the temporary cards would be done 

only upon presentation of valid documentary evidence that the status had been extended by the Secretary of Homeland Security. This 

is important because renewals of temporary licenses were exploited 

by the 9/11 terrorists, and have been a major security vulnerability 

with foreign visitors who decide to overstay their valid visa terms. 

202(c)(3)(B) The requirement that licenses for ID purposes for 

foreign visitors not be issued except when the applicant’s identity 

is confirmed by a passport is intended to strengthen the identify 

confirmation process for foreign visitors, and to stop the process of 

accepting unreliable foreign documents for identification. Should an 

applicant who is not a U.S. citizen or immigrant otherwise meet 

the identification standards set out in the bill, a State must only 

provide a temporary license or certificate limited to one year’s duration and clearly marked as not for identification, with the notifiVerDate Aug 04 2004 10:26 May 05, 2005 Jkt 020930 PO 00000 Frm 00181 Fmt 6659 Sfmt 6601 E:\HR\OC\HR072.XXX HR072
182 

cation to the holder that it is not valid for federal identification or 

official federal purposes. 

202(c)(3)(C) The Act, for purposes of validating states’ determination of lawful presence requires that all States enter into a 

memorandum of understanding with the Secretary of Homeland 

Security to routinely utilize the automated system known as Systematic Alien Verification for Entitlements, to verify the legal presence status of a person, other than a United States citizen or national, applying for a driver’s license or identification card. 

Section 202(d) Other requirements are each new procedural 

standards to be addressed by regulations to be established by DHS 

under the Act. 

202(d)(1) Obtaining and retaining digital images of applicants 

will assist in expediting applicant identity confirmation for license 

and ID card renewal process. It will also assist with preventing 

fraud, and facilitate those states using photo comparison software 

to identify such frauds, and safeguard against identity theft. 

202(d)(2) requires states to keep records of source documents 

(birth certificates, etc.) for at least 7 years primarily to allow for 

renewal of driver’s licenses without requiring license holders to 

bring back identity confirming documents. It also establishes a 

minimum duration during which documentation is available to law 

enforcement officers investigating and prosecuting suspected identity concealment by criminals and terrorists, as well as obtaining 

proof and assistance with identity theft crimes. This corrects a current problem in which states don’t retain records at all, or destroy 

them after a few months, hence destroying both the audit trail of 

proof of valid documents needed to issue a license, as well as fraudulent documents used by law breakers until subsequently discovered by investigators. Although the FBI has provided the counts 

now used about the false identities maintained by the 19 9–11 terrorists, they may in fact have had more, as state records systems 

are sometimes so poor that few source documents are available to 

confirm or deny. The goal is to move all the state’s records into 

electronic format, with each state consolidating electronic records 

otherwise maintained at County level at the State level. The cost 

is much lower than the paper filing system still maintained by 

some States. The initial capital cost for the state is not insignificant, but the incremental savings are great. Although this Act will 

require licenses be re-issued after every eight years, states will 

need to have original document records to discern whether the 

birth certificate was valid that was originally presented when the 

prior license was issued. The Social Security Administration is pursuing a birth certificate records system with the States that is beginning to have an effect in a few pilot states, which program will 

be further accelerated by the program put into law through the Intelligence Reform Act that will reduce the state’s need to retain a 

separate record of document images or paper records. 

202(d)(3) The requirement to photograph each applicant has as 

its purpose capturing a recorded photograph of applicants who may 

be denied a license for insufficient documents or documents that 

are recognized as fraudulent. This will primarily act as a deterrent 

to attempted fraud, once the public becomes aware of this new procedure, since frauds and others using false identities will understand that their photograph will be available to law enforcement 

183 

even if they are denied a license or ID card. It is a particularly important tool for federal law enforcement investigating suspected 

terrorism and identity theft. 

202(d)(4) The requirement to establish an effective procedure 

to confirm or verify a renewing applicant’s information will establish a qualitative floor standard to correct the current problem in 

some states where license and ID card renewal is done without 

adequate confirmation of identity of the applicant. Those inadequate procedures are both a source of identity theft and a vulnerability that terrorists might exploit. 

202(d)(5) imposes an important requirement to correct a current practice of many states in which multiple driver’s licenses 

with multiple names are allowed to use the same reference Social 

Security Number as the ‘‘reference’’ SSN to confirm identity. In the 

event that a SSN is already registered to or associated with another person to which any state has issued a driver’s license or 

identification card, the state shall resolve the discrepancy and take 

appropriate action. The need for this requirement is illustrated by 

what was found in Virginia and in New York State when state 

laws in each were changed post 9/11. In 2002, when Virginia began 

reconciling SSNs with the Social Security Administration, it found 

the SSNs of more than a quarter million of its license holders were 

‘‘non-matches’’ with the Social Security Administration’s records. 

Similarly New York State found hundreds of thousands of similar 

license holders in its database. 

202(d)(6) corrects the current security vulnerability of state 

procedures where a license or ID card issued by another state is 

replaced with a new license or ID card without confiscating the 

‘‘old’’ card or notifying the other state of the new issuance. Several 

of the 9/11 terrorists told the issuing states that they had lost their 

licenses so that they could have two valid licenses, and then used 

the duplicate to obtain a license in another state, allowing them to 

hold multiple licenses from multiple states. This practice of obtaining multiple licenses in multiple states is also routinely exercised 

by criminals and bad drivers for their respective illegal purposes, 

which this requirement will correct. 

202(d)(7) requiring improved physical security, addresses a 

growing problem of identity thieves and documents purveyors 

breaking into state facilities and stealing license stock blanks, 

printing machines, and sometimes actual computer hard drives in 

which current license holder data is stored. 

202(d)(8) subjects state personnel and contractors employed by 

the states who produce the driver’s licenses to security clearance 

requirements. Investigations of driver’s license insider corruption 

in Virginia, New Jersey and other states in the past three years 

revealed that a routine security investigation would have prevented 

key perpetrators from ever being employed to handle documents of 

high ‘‘street’’ value that can be sold to illegal aliens, criminals, terrorists, and identity thieves. 

202(d)(9) requires states to train employees to detect fraud ‘‘before it happens’’ to reduce vulnerability to terrorists, identity 

thieves, alien smugglers and illegal aliens with false documents 

and ‘‘bad driver’’ frauds. A few states do this now, and all states 

need to do this to improve the integrity of the license issuing process. 

184 

202(d)(10) limits the term of validity of driver’s licenses and ID 

cards to establish a maximum term, to address the current vulnerability to identity thieves who steal or purchase the valid driver’s 

license, and then assume the identity of a dead person or someone 

who has left the state, and go undiscovered for an indefinite period. 

202(d)(11) provides for those categories of special licenses 

issued by states for local or temporary purposes where the identity 

of the applicant cannot be assured, or for whom lawful presence is 

not determined. Examples of such licenses or Florida licenses 

issued as valid only for ‘‘in state’’ purposes, and certificates of driving privileges issued by Tennessee and Utah, for which the applicants cannot meet the identity confirmation requirements of the 

Act. Subparagraph A establishes the requirement that such documents and/or cards be clearly marked as not accepted for federal 

identification. The provision will allow the state to meet the terms 

of this act with regard to its non-standard licenses, provided DHS 

confirms its certification that its procedures don’t provide any 

‘‘back doors’’ to licenses or ID cards that are intended to be valid 

for federal identification or federal purposes. Subparagraph B requires a unique design or color indicator such as a special colored 

border so that federal officials can quickly recognize it is not valid 

for federal identification or federal purposes. 

202(d)(12) requires each state to be able to electronically access 

information contained in other states’ motor vehicle databases. 

DHS will be expected to establish regulations which adequately 

protect the privacy of the holders of licenses and ID cards which 

meet the standards for federal identification and federal purposes. 

DHS regulations pertaining to the overall security of state databases to safeguard them from unauthorized access or any criminal 

abuse are not required by this Act because DHS is already subject 

to privacy protection standards through other federal laws pertaining to cyber security. 

202(d)(13) The requirement for states to maintain a motor vehicle database that contains all data fields printed on driver’s licenses and identification cards is directed at those states which 

currently don’t store adequate records to allow other states to confirm the validity of the original issues. This requirement is primarily to address identity management minimum standards, and 

to support the goal of ‘‘only one license for one driver.’’ This provision in both parts will correct a significant problem that has led 

to some states refusing to provide reciprocity to other states with 

regard to both adequate data and assurance of driver safety, particularly with regard to Driving Under the Influence citations. 

Section 203 of the conference agreement includes language 

modified from language proposed in section 204 of division B of the 

House bill. The Senate did not include similar language. 

Section 203. This section amends 18 U.S.C. § 1028(a)(8), which 

makes it a federal crime to transport, transfer, or otherwise dispose 

of to another, materials or features used on a document of the type 

intended or commonly used for identification purposes. By replacing the phrase ‘‘false identification features’’ with ‘‘false or actual 

authentication features,’’ this provision clarifies the scope of the 

criminal provision, making it a crime to traffic in identification features regardless of whether the feature is false. In addition, section 

203(b) requires that the Secretary of Homeland Security enter conVerDate Aug 04 2004 10:26 May 05, 2005 Jkt 020930 PO 00000 Frm 00184 Fmt 6659 Sfmt 6601 E:\HR\OC\HR072.XXX HR072
185 

viction information into the appropriate aviation screening database. This provision should improve the security of the clearance 

process while reducing incidents of travelers being delayed because 

of similar names with people on the ‘‘do not fly’’ watch list. 

Section 204 of the conference agreement includes language 

modified from language proposed in section 205 of division B of the 

House bill. The Senate did not include similar language. 

Section 204 provides grants to states under the discretion of 

the Secretary of Homeland Security. This will require DHS to establish a process for grant requests, and the time table under 

which states will need to meet the requirements of the regulations. 

Some states are already in compliance with nearly all of the standards established by the act, and it will be incumbent upon DHS to 

recognize that grants should be only used to assist those states 

which cannot otherwise meet the minimum standards by the end 

of 2009. DHS will also need to establish internal certification procedures so that grants awarded are spent for the purposes identified. 

This provision also authorizes the Secretary to request funds and 

assign personnel for the administration of this Act through the normal process. 

Section 205 of the conference agreement includes language 

modified from language proposed in section 206 of division B of the 

House bill. The Senate did not include similar language. 

Section 205 requires the Secretary of Homeland Security to 

consult with the Secretary of Transportation and with the states in 

the process under which DHS issues regulations, sets standards, 

and issues grants under this title. This provision establishes that 

the Secretary, consistent with the Administrative Procedures Act, 

will follow a conventional regulatory notice procedure, including 

the established interagency notification regime, and will not engage 

in any other form of rulemaking, such as negotiated rule making. 

Section 205 also allows the Secretary of DHS to grant an extension of time only to meet the requirements of section 202(a)(1), 

which means that all states must meet standards established by 

the regulation with a uniform deadline for their respective driver’s 

licenses and ID cards to be used for Federal identification and federal purposes. 

Section 206 of the conference agreement includes language 

modified from language proposed in section 207 of division B of the 

House bill. The Senate did not include similar language. 

Section 206 also repeals overlapping and potentially conflicting 

provisions of the Intelligence Reform and Terrorism Prevention Act 

of 2004. 

Section 207 of the conference agreement includes language 

modified from language proposed in section 208 of division B of the 

House bill. The Senate did not include similar language. 

Section 207 provides a normal limitation on statutory construction to preserve the authorities and responsibilities of the Secretary 

of Transportation. 

TITLE III—BORDER INFRASTRUCTURE AND TECHNOLOGY 

INTEGRATION 

Section 301 of the conference agreement includes language 

modified from language proposed in section 301 of division B of the 

House bill. The Senate did not include similar language. 

186 

Section 301 requires the Under Secretary of Homeland Security for Border and Transportation Security, in consultation with 

the Under Secretary of Homeland Security for Science and Technology and the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection, to study the technology, equipment, and personnel needed by field offices of the Bureau of Customs and Border Protection to address security 

vulnerabilities within the United States, and conduct a follow-up 

study at least once every five years thereafter. The Under Secretary of Homeland Security for Border and Transportation Security is required to submit a report to Congress of findings and conclusions from each study, along with legislative recommendations 

for addressing security vulnerabilities. Section 301(c) authorizes 

necessary appropriations for fiscal years 2006 through 2011 to 

carry out recommendations from the first study. 

Section 302 of the conference agreement includes language 

modified from language proposed in section 302 of division B of the 

House bill. The Senate did not include similar language. 

Section 302 requires the Department of Homeland Security to 

establish a pilot program to identify and test ground surveillance 

technologies to enhance border security. The program would cover 

both northern and southern border locations. It also requires DHS 

to submit a report to designated House and Senate committees 

within a year of program implementation describing the program 

and recommending whether it should terminate, be made permanent, or be enhanced. 

Section 303 of the conference agreement includes language 

modified from language proposed in section 303 of division B of the 

House bill. The Senate did not include similar language. 

Section 303 requires the Secretary of Homeland Security, in 

consultation with various federal, state, local, and tribal agencies, 

to develop and implement a plan to improve interagency communication systems and enhance information-sharing on matters related to border security on the federal, state, local, and tribal level. 

DHS would submit a report to designated House and Senate committees within a year of plan implementation which would include 

any recommendations that the Secretary of Homeland Security 

found appropriate. 

TITLE IV—TEMPORARY WORKERS 

The conference agreement includes language modified from 

language proposed by the Senate regarding numerical limits for 

H2–B visas for certain nonimmigrant workers. The House did not 

include similar language. 

TITLE V—OTHER CHANGES TO PROVISIONS GOVERNING 

NONIMMIGRANT AND IMMIGRANT VISAS 

The conference agreement includes language modified from 

language proposed by the Senate regarding reciprocal visas for national of Australia. The House did not include similar language. 

The conference agreement includes language modified from 

language proposed by the Senate regarding visas for nurses. The 

House did not include similar language. 

187 

The conferees agree to the Senate amendment relating to the 

title of the Act. The Senate amended the title to read ‘‘An Act Making Emergency Supplemental Appropriations for Defense, the Global War on Terror, and Tsunami Relief, for the fiscal year ending 

September 30, 2005, and for other purposes.’’. 

JERRY LEWIS, 

C. W. BILL YOUNG, 

RALPH REGULA, 

HAROLD ROGERS, 

FRANK R. WOLF, 

JIM KOLBE, 

JAMES T. WALSH, 

CHARLES H. TAYLOR, 

DAVID L. HOBSON, 

HENRY BONILLA, 

JOE KNOLLENBERG, 

JOHN P. MURTHA, 

NORMAN D. DICKS, 

ALAN B. MOLLOHAN, 

PETER J. VISCLOSKY, 

CHET EDWARDS, 

Managers on the Part of the House. 

THAD COCHRAN, 

TED STEVENS, 

PETE V. DOMENICI, 

CHRISTOPHER S. BOND, 

MITCH MCCONNELL, 

RICHARD C. SHELBY, 

JUDD GREGG, 

ROBERT F. BENNETT, 

LARRY CRAIG, 

KAY BAILEY HUTCHISON, 

MIKE DEWINE, 

SAM BROWNBACK, 

WAYNE ALLARD, 

ROBERT C. BYRD, 

DANIEL K. INOUYE, 

PATRICK LEAHY

(with exception for REAL 

ID), 

TOM HARKIN

(with exception for REAL 

ID), 

BARBARA MIKULSKI

(with exception for REAL 

ID), 

HARRY REID

(with exception for REAL 

ID), 

BYRON L. DORGAN

(with res.—conference did 

not reconvene), 

DIANNE FEINSTEIN

188 

(with exception for REAL 

ID), 

TIM JOHNSON, MARY LANDRIEU, Managers on the Part of the Senate. 

Æ