H. R. 1268

One Hundred Ninth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fourth day of January, two thousand and five

An Act

Making 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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, 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.

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:
H. R. 1268—2

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).

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).
H. R. 1268—3

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).

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).
H. R. 1268—4

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 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
H. R. 1268—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 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

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
H. R. 1268—6

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, Multi-National Security Transition Command—Iraq, or the

Secretary’s designee to provide assistance, with the concurrence

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

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

infrastructure repair, renovation, and construction, and funding:

Provided further, That the authority to provide assistance under

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

Defense may transfer 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 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
H. R. 1268—7

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).

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).
H. R. 1268—8

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).

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).
H. R. 1268—9

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 section 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).
H. R. 1268—10

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 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).
H. R. 1268—11

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 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
H. R. 1268—12

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 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’’.
H. R. 1268—13

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—

(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.
H. R. 1268—14

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 ‘‘(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 MEMBERS.—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—
H. R. 1268—15

(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

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—
H. R. 1268—16

(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-ofkin for the purpose of emergency notification, as determined under

regulations prescribed by the Secretary of Defense.’’.

(g) REQUIREMENT REGARDING REDESIGNATION OF BENE- FICIARIES.—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.’’.

(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—
H. R. 1268—17

(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).

‘‘(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.’’.
H. R. 1268—18

(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, 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).
H. R. 1268—19

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 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
H. R. 1268—20

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 Philadelphiabased 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:

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
H. R. 1268—21

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.

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,
H. R. 1268—22

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;

(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
H. R. 1268—23

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).

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
H. R. 1268—24

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:

‘‘§ 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
H. R. 1268—25

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.

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
H. R. 1268—26

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).

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.
H. R. 1268—27

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;

‘‘(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;
H. R. 1268—28

‘‘(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 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
H. R. 1268—29

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.’’.

(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.—
H. R. 1268—30

(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: Provided 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—
H. R. 1268—31

(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 reuse 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.

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).
H. R. 1268—32

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).

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
H. R. 1268—33

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).

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).
H. R. 1268—34

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).

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).
H. R. 1268—35

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).

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).
H. R. 1268—36

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 normal 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
H. R. 1268—37

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.

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’’.
H. R. 1268—38

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

‘‘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.
H. R. 1268—39

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).

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
H. R. 1268—40

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.

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).
H. R. 1268—41

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).

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).
H. R. 1268—42

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 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)’’.
H. R. 1268—43

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 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
H. R. 1268—44

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 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:
H. R. 1268—45

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-by-project 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.

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)).
H. R. 1268—46

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

pursuant 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
H. R. 1268—47

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:

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).
H. R. 1268—48

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).

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.
H. R. 1268—49

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 designated as an emergency requirement pursuant to

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

95 (108th Congress).
H. R. 1268—50

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.

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.
H. R. 1268—51

For an additional amount for ‘‘Housing for Persons with Disabilities’’, $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. 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.
H. R. 1268—52

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 nonFederal 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’’.

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.
H. R. 1268—53

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’’.

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
H. R. 1268—54

(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 purposes

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
H. R. 1268—55

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

‘‘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

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,
H. R. 1268—56

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 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
H. R. 1268—57

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 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
H. R. 1268—58

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’’.

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
H. R. 1268—59

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,’’.

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
H. R. 1268—60

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 Environmental 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.
H. R. 1268—61

(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, working 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’’;
H. R. 1268—62

(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

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
H. R. 1268—63

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

(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
H. R. 1268—64

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;

‘‘(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.’’.
H. R. 1268—65

(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.

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
H. R. 1268—66

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 are 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’’.

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.
H. R. 1268—67

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.

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. R. 1268—68

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 NewarkElizabeth 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: 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.
H. R. 1268—69

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—

(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’’;
H. R. 1268—70

(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 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 Departments of Veterans Affairs and Housing and Urban
H. R. 1268—71

Development, and Independent Agencies Appropriations Act, 2005

(enacted as division I of the Consolidated Appropriations Act, 2005

(Public Law 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

$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’.’’.
H. R. 1268—72

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’’.

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’’;
H. R. 1268—73

(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

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:
H. R. 1268—74

‘‘(C) SUSTAINING BURDEN OF PROOF; CREDIBILITY DETERMINATIONS.—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 determining 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
H. R. 1268—75

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)—

(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
H. R. 1268—76

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 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 TERRORISTRELATED 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));
H. R. 1268—77

‘‘(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.’’.

(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;
H. R. 1268—78

‘‘(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 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—
H. R. 1268—79

(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 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.
H. R. 1268—80

(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

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,
H. R. 1268—81

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 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:
H. R. 1268—82

(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 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:
H. R. 1268—83

(A) A photo identity document, except that a nonphoto 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;

(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 IDENTIFICATION

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
H. R. 1268—84

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.

(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.
H. R. 1268—85

(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.—

(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.
H. R. 1268—86

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.

(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
H. R. 1268—87

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 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
H. R. 1268—88

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— ‘‘(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
H. R. 1268—89

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 programs 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
H. R. 1268—90

‘‘(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.’’.

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—
H. R. 1268—91

‘‘(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 of 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.

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.
H. R. 1268—92

‘‘(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 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.
H. R. 1268—93

‘‘(ii) MAXIMUM.—The total number of visas made available under paragraph (1) from unused visas from the fiscal

years 2001 through 2004 may not exceed 50,000.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.