IB 

109TH CONGRESS 

1ST SESSION H. R. 1268

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2005

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT

Making emergency supplemental appropriations for the fiscal 

year ending September 30, 2005, to establish and rapidly 

implement regulations for State driver’s license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, 

to unify terrorism-related grounds for inadmissibility and 

removal, to ensure expeditious construction of the San 

Diego border fence, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2005, and for other pur6 poses, namely: 
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1 DIVISION A—EMERGENCY SUP2 PLEMENTAL APPROPRIA3 TIONS ACT FOR DEFENSE, 

4 THE GLOBAL WAR ON TER5 ROR, AND TSUNAMI RELIEF, 

6 2005

7 TITLE I—DEFENSE-RELATED APPROPRIATIONS 

8 CHAPTER 1

9 DEPARTMENT OF DEFENSE 

10 DEPARTMENT OF DEFENSE—MILITARY 

11 MILITARY PERSONNEL 

12 MILITARY PERSONNEL, ARMY

13 For an additional amount for ‘‘Military Personnel, 

14 Army’’, $11,779,642,000: Provided, That the amounts 

15 provided under this heading are designated as an emer16 gency requirement pursuant to section 402 of the con17 ference report to accompany S. Con. Res. 95 (108th Con18 gress). 

19 MILITARY PERSONNEL, NAVY

20 For an additional amount for ‘‘Military Personnel, 

21 Navy’’, $534,080,000: Provided, That the amounts pro22 vided under this heading are designated as an emergency 

23 requirement pursuant to section 402 of the conference re24 port to accompany S. Con. Res. 95 (108th Congress). 
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1 MILITARY PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Military Personnel, 

3 Marine Corps’’, $1,251,726,000: Provided, That the 

4 amounts provided under this heading are designated as 

5 an emergency requirement pursuant to section 402 of the 

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

7 Congress). 

8 MILITARY PERSONNEL, AIR FORCE

9 For an additional amount for ‘‘Military Personnel, 

10 Air Force’’, $1,473,472,000: Provided, That the amounts 

11 provided under this heading are designated as an emer12 gency requirement pursuant to section 402 of the con13 ference report to accompany S. Con. Res. 95 (108th Con14 gress). 

15 RESERVE PERSONNEL, ARMY

16 For an additional amount for ‘‘Reserve Personnel, 

17 Army’’, $40,327,000: Provided, That the amounts pro18 vided under this heading are designated as an emergency 

19 requirement pursuant to section 402 of the conference re20 port to accompany S. Con. Res. 95 (108th Congress). 

21 RESERVE PERSONNEL, NAVY

22 For an additional amount for ‘‘Reserve Personnel, 

23 Navy’’, $11,111,000: Provided, That the amounts pro24 vided under this heading are designated as an emergency 
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1 requirement pursuant to section 402 of the conference re2 port to accompany S. Con. Res. 95 (108th Congress). 

3 RESERVE PERSONNEL, MARINE CORPS

4 For an additional amount for ‘‘Reserve Personnel, 

5 Marine Corps’’, $4,115,000: Provided, That the amounts 

6 provided under this heading are designated as an emer7 gency requirement pursuant to section 402 of the con8 ference report to accompany S. Con. Res. 95 (108th Con9 gress). 

10 RESERVE PERSONNEL, AIR FORCE

11 For an additional amount for ‘‘Reserve Personnel, 

12 Air Force’’, $130,000: Provided, That the amounts pro13 vided under this heading are designated as an emergency 

14 requirement pursuant to section 402 of the conference re15 port to accompany S. Con. Res. 95 (108th Congress). 

16 NATIONAL GUARD PERSONNEL, ARMY

17 For an additional amount for ‘‘National Guard Per18 sonnel, Army’’, $430,300,000: Provided, That the 

19 amounts provided under this heading are designated as 

20 an emergency requirement pursuant to section 402 of the 

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

22 Congress). 

23 NATIONAL GUARD PERSONNEL, AIR FORCE

24 For an additional amount for ‘‘National Guard Per25 sonnel, Air Force’’, $91,000: Provided, That the amounts 
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1 provided under this heading are designated as an emer2 gency requirement pursuant to section 402 of the con3 ference report to accompany S. Con. Res. 95 (108th Con4 gress). 

5 OPERATION AND MAINTENANCE 

6 OPERATION AND MAINTENANCE, ARMY

7 For an additional amount for ‘‘Operation and Main8 tenance, Army’’, $17,366,004,000: Provided, That the 

9 amounts provided under this heading are designated as 

10 an emergency requirement pursuant to section 402 of the 

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

12 Congress). 

13 OPERATION AND MAINTENANCE, NAVY

14 For an additional amount for ‘‘Operation and Main15 tenance, Navy’’, $3,030,801,000: Provided, That the 

16 amounts provided under this heading are designated as 

17 an emergency requirement pursuant to section 402 of the 

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

19 Congress). 

20 OPERATION AND MAINTENANCE, MARINE CORPS

21 For an additional amount for ‘‘Operation and Main22 tenance, Marine Corps’’, $982,464,000: Provided, That 

23 the amounts provided under this heading are designated 

24 as an emergency requirement pursuant to section 402 of 
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1 the conference report to accompany S. Con. Res. 95 

2 (108th Congress). 

3 OPERATION AND MAINTENANCE, AIR FORCE

4 For an additional amount for ‘‘Operation and Main5 tenance, Air Force’’, $5,769,450,000: Provided, That the 

6 amounts provided under this heading are designated as 

7 an emergency requirement pursuant to section 402 of the 

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

9 Congress). 

10 OPERATION AND MAINTENANCE, DEFENSE-WIDE

11 For an additional amount for ‘‘Operation and Main12 tenance, Defense-Wide’’, $3,061,300,000 (reduced by 

13 $1,000,000) (increased by $1,000,000), of which—

14 (1) not to exceed $25,000,000 may be used for 

15 the Combatant Commander Initiative Fund, to be 

16 used in support of Operation Iraqi Freedom and Op17 eration Enduring Freedom; and 

18 (2) up to $1,220,000,000, to remain available 

19 until expended, may be used for payments to reim20 burse Pakistan, Jordan, and other key cooperating 

21 nations, for logistical, military, and other support 

22 provided, or to be provided, to United States mili23 tary operations, notwithstanding any other provision 

24 of law: Provided, That such payments may be made 

25 in such amounts as the Secretary of Defense, with 
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1 the concurrence of the Secretary of State, and in 

2 consultation with the Director of the Office of Man3 agement and Budget, may determine, in his discre4 tion, based on documentation determined by the Sec5 retary of Defense to adequately account for the sup6 port provided, and such determination is final and 

7 conclusive upon the accounting officers of the United 

8 States, and 15 days following notification to the ap9 propriate congressional committees: Provided further, 

10 That the Secretary of Defense shall provide quar11 terly reports to the Committees on Appropriations 

12 on the use of funds provided in this paragraph: Pro13 vided further, That the amounts provided under this 

14 heading are designated as an emergency requirement 

15 pursuant to section 402 of the conference report to 

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

17 OPERATION AND MAINTENANCE, ARMY RESERVE

18 For an additional amount for ‘‘Operation and Main19 tenance, Army Reserve’’, $8,154,000: Provided, That the 

20 amounts provided under this heading are designated as 

21 an emergency requirement pursuant to section 402 of the 

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

23 Congress). 
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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Navy Reserve’’, $75,164,000: Provided, That the 

4 amounts provided under this heading are designated as 

5 an emergency requirement pursuant to section 402 of the 

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

7 Congress). 

8 OPERATION AND MAINTENANCE, MARINE CORPS

9 RESERVE

10 For an additional amount for ‘‘Operation and Main11 tenance, Marine Corps Reserve’’, $24,920,000: Provided, 

12 That the amounts provided under this heading are des13 ignated as an emergency requirement pursuant to section 

14 402 of the conference report to accompany S. Con. Res. 

15 95 (108th Congress). 

16 OPERATION AND MAINTENANCE, ARMY NATIONAL

17 GUARD

18 For an additional amount for ‘‘Operation and Main19 tenance, Army National Guard’’, $188,779,000: Provided, 

20 That the amounts provided under this heading are des21 ignated as an emergency requirement pursuant to section 

22 402 of the conference report to accompany S. Con. Res. 

23 95 (108th Congress). 
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1 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

2 For an additional amount for ‘‘Overseas Humani3 tarian, Disaster, and Civic Aid’’, $10,000,000, to remain 

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

5 amounts provided under this heading are designated as 

6 an emergency requirement pursuant to section 402 of the 

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

8 Congress). 

9 AFGHANISTAN SECURITY FORCES FUND

10 (INCLUDING TRANSFER OF FUNDS)

11 For the ‘‘Afghanistan Security Forces Fund’’, 

12 $1,285,000,000, to remain available until September 30, 

13 2006: Provided, That such funds shall be available to the 

14 Secretary of Defense, notwithstanding any other provision 

15 of law, for the purpose of allowing the Commander, Com16 bined Forces Command-Afghanistan, or the Secretary’s 

17 designee to provide assistance, with the concurrence of the 

18 Secretary of State, to the security forces of Afghanistan 

19 including the provision of equipment, supplies, services, 

20 training, facility and infrastructure repair, renovation, and 

21 construction, and funding: Provided further, That the au22 thority to provide assistance under this section is in addi23 tion to any other authority to provide assistance to foreign 

24 nations: Provided further, That the Secretary of Defense 

25 may transfer the funds provided herein to appropriations 
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1 for military personnel; operation and maintenance; Over2 seas Humanitarian, Disaster, and Civic Aid; procurement; 

3 research, development, test and evaluation; and defense 

4 working capital funds to accomplish the purposes provided 

5 herein: Provided further, That this transfer authority is 

6 in addition to any other transfer authority available to the 

7 Department of Defense: Provided further, That upon a de8 termination that all or part of the funds so transferred 

9 from this appropriation are not necessary for the purposes 

10 provided herein, such amounts may be transferred back 

11 to this appropriation: Provided further, That contributions 

12 of funds for the purposes provided herein from any person, 

13 foreign government, or international organization may be 

14 credited to this Fund, and used for such purposes: Pro15 vided further, That the Secretary of Defense shall, not 

16 fewer than 5 days prior to making transfers from this ap17 propriation, notify the congressional defense committees 

18 in writing of the details of any such transfer: Provided 

19 further, That the Secretary shall submit a report no later 

20 than 30 days after the end of each fiscal quarter to the 

21 congressional defense committees summarizing the details 

22 of the transfer of funds from this appropriation: Provided 

23 further, That the amounts provided under this heading are 

24 designated as an emergency requirement pursuant to sec-
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1 tion 402 of the conference report to accompany S. Con. 

2 Res. 95 (108th Congress). 

3 IRAQ SECURITY FORCES FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For the ‘‘Iraq Security Forces Fund’’, 

6 $5,700,000,000, to remain available until September 30, 

7 2006: Provided, That such funds shall be available to the 

8 Secretary of Defense, notwithstanding any other provision 

9 of law, for the purpose of allowing the Commander, Multi10 National Security Transition Command—Iraq, or the Sec11 retary’s designee to provide assistance, with the concur12 rence of the Secretary of State, to the security forces of 

13 Iraq including the provision of equipment, supplies, serv14 ices, training, facility and infrastructure repair, renova15 tion, and construction, and funding: Provided further, 

16 That the authority to provide assistance under this section 

17 is in addition to any other authority to provide assistance 

18 to foreign nations: Provided further, That the Secretary 

19 of Defense may transfer the funds provided herein to ap20 propriations for military personnel; operation and mainte21 nance; Overseas Humanitarian, Disaster, and Civic Aid; 

22 procurement; research, development, test and evaluation; 

23 and defense working capital funds to accomplish the pur24 poses provided herein: Provided further, That this transfer 

25 authority is in addition to any other transfer authority 
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1 available to the Department of Defense: Provided further, 

2 That upon a determination that all or part of the funds 

3 so transferred from this appropriation are not necessary 

4 for the purposes provided herein, such amounts may be 

5 transferred back to this appropriation: Provided further, 

6 That contributions of funds for the purposes provided 

7 herein from any person, foreign government, or inter8 national organization may be credited to this Fund, and 

9 used for such purposes: Provided further, That, notwith10 standing any other provision of law, from funds made 

11 available under this heading, up to $99,000,000 may be 

12 used to provide assistance to the Government of Jordan 

13 to establish a regional training center designed to provide 

14 comprehensive training programs for regional military and 

15 security forces and military and civilian officials, to en16 hance the capability of such forces and officials to respond 

17 to existing and emerging security threats in the region: 

18 Provided further, That assistance authorized by the pre19 ceding proviso may include the provision of facilities, 

20 equipment, supplies, services, training and funding, and 

21 the Secretary of Defense may transfer funds to any Fed22 eral agency for the purpose of providing such assistance: 

23 Provided further, That the Secretary of Defense shall, not 

24 fewer than 5 days prior to making transfers from this ap25 propriation, notify the congressional defense committees 
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1 in writing of the details of any such transfer: Provided 

2 further, That the Secretary shall submit a report no later 

3 than 30 days after the end of each fiscal quarter to the 

4 congressional defense committees summarizing the details 

5 of the transfer of funds from this appropriation: Provided 

6 further, That the amounts provided under this heading are 

7 designated as an emergency requirement pursuant to sec8 tion 402 of the conference report to accompany S. Con. 

9 Res. 95 (108th Congress). 

10 PROCUREMENT 

11 AIRCRAFT PROCUREMENT, ARMY

12 For an additional amount for ‘‘Aircraft Procurement, 

13 Army’’, $458,677,000, to remain available until Sep14 tember 30, 2007: Provided, That the amounts provided 

15 under this heading are designated as an emergency re16 quirement pursuant to section 402 of the conference re17 port to accompany S. Con. Res. 95 (108th Congress). 

18 MISSILE PROCUREMENT, ARMY

19 For an additional amount for ‘‘Missile Procurement, 

20 Army’’, $340,536,000, to remain available until Sep21 tember 30, 2007: Provided, That the amounts provided 

22 under this heading are designated as an emergency re23 quirement pursuant to section 402 of the conference re24 port to accompany S. Con. Res. 95 (108th Congress). 
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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For an additional amount for ‘‘Procurement of Weap4 ons and Tracked Combat Vehicles, Army’’, 

5 $2,678,747,000, to remain available until September 30, 

6 2007: Provided, That the amounts provided under this 

7 heading are designated as an emergency requirement pur8 suant to section 402 of the conference report to accom9 pany S. Con. Res. 95 (108th Congress). 

10 PROCUREMENT OF AMMUNITION, ARMY

11 For an additional amount for ‘‘Procurement of Am12 munition, Army’’, $532,800,000, to remain available until 

13 September 30, 2007: Provided, That the amounts provided 

14 under this heading are designated as an emergency re15 quirement pursuant to section 402 of the conference re16 port to accompany S. Con. Res. 95 (108th Congress). 

17 OTHER PROCUREMENT, ARMY

18 (INCLUDING TRANSFER OF FUNDS)

19 For an additional amount for ‘‘Other Procurement, 

20 Army’’, $6,634,905,000, to remain available until Sep21 tember 30, 2007, of which $85,000,000 shall be derived 

22 by transfer from ‘‘Iraq Freedom Fund’’: Provided, That 

23 the amounts provided under this heading are designated 

24 as an emergency requirement pursuant to section 402 of 
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1 the conference report to accompany S. Con. Res. 95 

2 (108th Congress). 

3 AIRCRAFT PROCUREMENT, NAVY

4 For an additional amount for ‘‘Aircraft Procurement, 

5 Navy’’, $200,295,000, to remain available until September 

6 30, 2007: Provided, That the amounts provided under this 

7 heading are designated as an emergency requirement pur8 suant to section 402 of the conference report to accom9 pany S. Con. Res. 95 (108th Congress). 

10 WEAPONS PROCUREMENT, NAVY

11 For an additional amount for ‘‘Weapons Procure12 ment, Navy’’, $71,600,000, to remain available until Sep13 tember 30, 2007: Provided, That the amounts provided 

14 under this heading are designated as an emergency re15 quirement pursuant to section 402 of the conference re16 port to accompany S. Con. Res. 95 (108th Congress). 

17 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

18 CORPS

19 For an additional amount for ‘‘Procurement of Am20 munition, Navy and Marine Corps’’, $141,735,000, to re21 main available until September 30, 2007: Provided, That 

22 the amounts provided under this heading are designated 

23 as an emergency requirement pursuant to section 402 of 

24 the conference report to accompany S. Con. Res. 95 

25 (108th Congress). 
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1 OTHER PROCUREMENT, NAVY

2 For an additional amount for ‘‘Other Procurement, 

3 Navy’’, $78,372,000, to remain available until September 

4 30, 2007: Provided, That the amounts provided under this 

5 heading are designated as an emergency requirement pur6 suant to section 402 of the conference report to accom7 pany S. Con. Res. 95 (108th Congress). 

8 PROCUREMENT, MARINE CORPS

9 For an additional amount for ‘‘Procurement, Marine 

10 Corps’’, $3,588,495,000, to remain available until Sep11 tember 30, 2007: Provided, That the amounts provided 

12 under this heading are designated as an emergency re13 quirement pursuant to section 402 of the conference re14 port to accompany S. Con. Res. 95 (108th Congress). 

15 AIRCRAFT PROCUREMENT, AIR FORCE

16 For an additional amount for ‘‘Aircraft Procurement, 

17 Air Force’’, $279,241,000, to remain available until Sep18 tember 30, 2007: Provided, That the amounts provided 

19 under this heading are designated as an emergency re20 quirement pursuant to section 402 of the conference re21 port to accompany S. Con. Res. 95 (108th Congress). 

22 PROCUREMENT OF AMMUNITION, AIR FORCE

23 For an additional amount for ‘‘Procurement of Am24 munition, Air Force’’, $6,998,000, to remain available 

25 until September 30, 2007: Provided, That the amounts 
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1 provided under this heading are designated as an emer2 gency requirement pursuant to section 402 of the con3 ference report to accompany S. Con. Res. 95 (108th Con4 gress). 

5 OTHER PROCUREMENT, AIR FORCE

6 For an additional amount for ‘‘Other Procurement, 

7 Air Force’’, $2,658,527,000, to remain available until 

8 September 30, 2007: Provided, That the amounts provided 

9 under this heading are designated as an emergency re10 quirement pursuant to section 402 of the conference re11 port to accompany S. Con. Res. 95 (108th Congress). 

12 PROCUREMENT, DEFENSE-WIDE

13 For an additional amount for ‘‘Procurement, De14 fense-Wide’’, $646,327,000, to remain available until Sep15 tember 30, 2007: Provided, That the amounts provided 

16 under this heading are designated as an emergency re17 quirement pursuant to section 402 of the conference re18 port to accompany S. Con. Res. 95 (108th Congress). 

19 RESEARCH, DEVELOPMENT, TEST AND 

20 EVALUATION 

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

22 ARMY

23 For an additional amount for ‘‘Research, Develop24 ment, Test and Evaluation, Army’’, $25,170,000, to re25 main available until September 30, 2006: Provided, That 
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1 the amounts provided under this heading are designated 

2 as an emergency requirement pursuant to section 402 of 

3 the conference report to accompany S. Con. Res. 95 

4 (108th Congress). 

5 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, 

6 NAVY

7 For an additional amount for ‘‘Research, Develop8 ment, Test, and Evaluation, Navy’’, $202,051,000, to re9 main available until September 30, 2006: Provided, That 

10 the amounts provided under this heading are designated 

11 as an emergency requirement pursuant to section 402 of 

12 the conference report to accompany S. Con. Res. 95 

13 (108th Congress). 

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

15 AIR FORCE

16 For an additional amount for ‘‘Research, Develop17 ment, Test and Evaluation, Air Force’’, $121,500,000, to 

18 remain available until September 30, 2006: Provided, 

19 That the amounts provided under this heading are des20 ignated as an emergency requirement pursuant to section 

21 402 of the conference report to accompany S. Con. Res. 

22 95 (108th Congress). 
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 DEFENSE-WIDE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Defense-Wide’’, 

5 $159,600,000, to remain available until September 30, 

6 2006: Provided, That the amounts provided under this 

7 heading are designated as an emergency requirement pur8 suant to section 402 of the conference report to accom9 pany S. Con. Res. 95 (108th Congress). 

10 REVOLVING AND MANAGEMENT FUNDS 

11 DEFENSE WORKING CAPITAL FUNDS

12 For an additional amount for ‘‘Defense Working 

13 Capital Funds’’, $1,411,300,000: Provided, That the 

14 amounts provided under this heading are designated as 

15 an emergency requirement pursuant to section 402 of the 

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

17 Congress). 

18 NATIONAL DEFENSE SEALIFT FUND

19 For an additional amount for ‘‘National Defense Sea20 lift Fund’’, $32,400,000, to remain available until ex21 pended: Provided, That the amounts provided under this 

22 heading are designated as an emergency requirement pur23 suant to section 402 of the conference report to accom24 pany S. Con. Res. 95 (108th Congress). 
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1 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

2 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

3 DEFENSE

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for ‘‘Drug Interdiction and 

6 Counter-Drug Activities, Defense’’, $257,000,000, to re7 main available until December 31, 2005: Provided, That 

8 these funds may be used for such activities related to Af9 ghanistan and the Central Asia area: Provided further, 

10 That the Secretary of Defense may transfer the funds pro11 vided herein only to appropriations for military personnel; 

12 operation and maintenance; procurement; and research, 

13 development, test and evaluation: Provided further, That 

14 the funds transferred shall be merged with and be avail15 able for the same purposes and for the same time period 

16 as the appropriation to which transferred: Provided fur17 ther, That the transfer authority provided in this para18 graph is in addition to any other transfer authority avail19 able to the Department of Defense: Provided further, That 

20 upon a determination that all or part of the funds trans21 ferred from this appropriation are not necessary for the 

22 purposes provided herein, such amounts may be trans23 ferred back to this appropriation: Provided further, That 

24 not to exceed $70,000,000 of the funds provided herein 

25 may be used to reimburse fully this account for obligations 
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1 incurred for the purposes provided under this heading 

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

3 amounts provided under this heading are designated as 

4 an emergency requirement pursuant to section 402 of the 

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

6 Congress). 

7 OFFICE OF THE INSPECTOR GENERAL

8 For an additional amount for ‘‘Office of the Inspector 

9 General’’, $148,000: Provided, That the amounts provided 

10 under this heading are designated as an emergency re11 quirement pursuant to section 402 of the conference re12 port to accompany S. Con. Res. 95 (108th Congress). 

13 RELATED AGENCIES 

14 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

15 For an additional amount for ‘‘Intelligence Commu16 nity Management Account’’, $250,300,000, of which 

17 $181,000,000 is to remain available until September 30, 

18 2006: Provided, That the amounts provided under this 

19 heading are designated as an emergency requirement pur20 suant to section 402 of the conference report to accom21 pany S. Con. Res. 95 (108th Congress). 

22 GENERAL PROVISIONS—THIS CHAPTER 

23 (TRANSFER OF FUNDS)

24 SEC. 1101. Upon his determination that such action 

25 is necessary in the national interest, the Secretary of De-
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1 fense may transfer between appropriations up to 

2 $2,000,000,000 of the funds made available to the De3 partment of Defense in this chapter: Provided, That the 

4 Secretary shall notify the Congress promptly of each 

5 transfer made pursuant to this authority: Provided fur6 ther, That the transfer authority provided in this section 

7 is in addition to any other transfer authority available to 

8 the Department of Defense: Provided further, That the au9 thority in this section is subject to the same terms and 

10 conditions as the authority provided in section 8005 of the 

11 Department of Defense Appropriations Act, 2005, except 

12 for the fourth proviso: Provided further, That the amounts 

13 made available by the transfer of funds in or pursuant 

14 to this section are designated as an emergency require15 ment pursuant to section 402 of the conference report to 

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

17 SEC. 1102. Section 8005 of the Department of De18 fense Appropriations Act, 2005 (Public Law 108–287; 

19 118 Stat. 969), is amended by striking ‘‘$3,500,000,000’’ 

20 and inserting ‘‘$5,500,000,000’’: Provided, That the 

21 amounts made available by the transfer of funds in or pur22 suant to this section are designated as an emergency re23 quirement pursuant to section 402 of the conference re24 port to accompany S. Con. Res. 95 (108th Congress). 
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1 (TRANSFER OF FUNDS)

2 SEC. 1103. During fiscal year 2005, the Secretary 

3 of Defense may transfer amounts in or credited to the De4 fense Cooperation Account, pursuant to section 2608 of 

5 title 10, United States Code, to such appropriations or 

6 funds of the Department of Defense as he shall determine 

7 for use consistent with the purposes for which such funds 

8 were contributed and accepted: Provided, That such 

9 amounts shall be available for the same time period as 

10 the appropriation to which transferred: Provided further, 

11 That the Secretary shall report to the Congress all trans12 fers made pursuant to this authority: Provided further, 

13 That the amounts provided under this heading are des14 ignated as an emergency requirement pursuant to section 

15 402 of the conference report to accompany S. Con. Res. 

16 95 (108th Congress). 

17 SEC. 1104. (a) AUTHORITY TO PROVIDE SUP18 PORT.—Of the amount appropriated by this Act under the 

19 heading, ‘‘Drug Interdiction and Counter-Drug Activities, 

20 Defense’’, not to exceed $34,000,000 may be made avail21 able for support for counter-drug activities of the Govern22 ment of Afghanistan, and not to exceed $4,000,000 may 

23 be made available for support for counter-drug activities 

24 of the Government of Pakistan: Provided, That such sup25 port shall be in addition to support provided for the 
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1 counter-drug activities of said Governments under any 

2 other provision of the law. 

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

4 subsections (b)(2) and (b)(3) of this section, the support 

5 that may be provided under the authority in this section 

6 shall be limited to the types of support specified in section 

7 1033(c)(1) of the National Defense Authorization Act for 

8 Fiscal Year 1998 (Public Law 105–85, as amended by 

9 Public Law 106–398 and Public Law 108–136) and condi10 tions on the provision of support as contained in section 

11 1033 shall apply for fiscal year 2005. 

12 (2) The Secretary of Defense may transfer vehicles, 

13 aircraft, and detection, interception, monitoring and test14 ing equipment to said Governments for counter-drug ac15 tivities. 

16 (3) For the Government of Afghanistan, the Sec17 retary of Defense may also provide individual and crew18 served weapons, and ammunition for counter-drug secu19 rity forces. 

20 SEC. 1105. The paragraph under the heading ‘‘Oper21 ation and Maintenance, Defense-Wide’’ in title II of the 

22 Department of Defense Appropriations Act, 2005 (Public 

23 Law 108–287; 118 Stat. 954), is amended in the first pro24 viso by striking ‘‘$32,000,000’’ and inserting 

25 ‘‘$40,000,000’’. 
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1 SEC. 1106. For fiscal year 2005, the limitation under 

2 paragraph (3) of section 2208(l) of title 10, United States 

3 Code, on the total amount of advance billings rendered 

4 or imposed for all working capital funds of the Depart5 ment of Defense in a fiscal year shall be applied by sub6 stituting ‘‘$1,500,000,000’’ for ‘‘$1,000,000,000’’. 

7 SEC. 1107. Section 1201(a) of the Ronald W. Reagan 

8 National Defense Authorization Act for Fiscal Year 2005 

9 (Public Law 108–375; 118 Stat. 2077), as amended by 

10 section 102 of title I of division J of the Consolidated Ap11 propriations Act, 2005 (Public Law 108–447), is further 

12 amended by striking ‘‘$500,000,000’’ in the matter pre13 ceding paragraph (1) and inserting ‘‘$854,000,000’’. 

14 SEC. 1108. Section 8090(b) of the Department of De15 fense Appropriations Act, 2005 (Public Law 108–287), is 

16 amended by striking ‘‘$185,000,000’’ and inserting 

17 ‘‘$210,000,000’’. 

18 SEC. 1109. (a) During calendar year 2005 and not19 withstanding section 5547 of title 5, United States Code, 

20 the head of an Executive agency may waive the limitation, 

21 up to $200,000, established in that section for total com22 pensation, including limitations on the aggregate of basic 

23 pay and premium pay payable in a calendar year, to an 

24 employee who performs work while in an overseas location 
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1 that is in the area of responsibility of the Commander of 

2 the U.S. Central Command, in support of, or related to—

3 (1) a military operation, including a contin4 gency operation; or 

5 (2) an operation in response to a declared emer6 gency. 

7 (b) To the extent that a waiver under subsection (a) 

8 results in payment of additional premium pay of a type 

9 that is normally creditable as basic pay for retirement or 

10 any other purpose, such additional pay shall not be consid11 ered to be basic pay for any purpose, nor shall it be used 

12 in computing a lump-sum payment for accumulated and 

13 accrued annual leave under section 5551 of title 5, United 

14 States Code. 

15 (c) The Director of the Office of Personnel Manage16 ment may issue regulations to ensure appropriate consist17 ency among heads of executive agencies in the exercise of 

18 authority granted by this section. 

19 SEC. 1110. Section 1096(b) of the Intelligence Re20 form and Terrorism Prevention Act of 2004 (Public Law 

21 108–458) is amended—

22 (1) in the matter preceding paragraph (1), by 

23 striking ‘‘in the fiscal year after the effective date of 

24 this Act’’ and inserting ‘‘during fiscal years 2005 

25 and 2006’’; and 
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1 (2) in paragraph (1), by striking ‘‘500 new per2 sonnel billets’’ and inserting ‘‘a total of 500 new 

3 personnel positions’’. 

4 SEC. 1111. Section 1051a(e) of title 10, United 

5 States Code, is amended by striking ‘‘September 30, 

6 2005’’ and inserting ‘‘December 31, 2005’’. 

7 SEC. 1112. Notwithstanding subsection (c) of section 

8 308e of title 37, United States Code, the maximum 

9 amount of the bonus paid to a member of the Armed 

10 Forces pursuant to a reserve affiliation agreement entered 

11 into under such section during fiscal year 2005 shall not 

12 exceed $10,000, and the Secretary of Defense, and the 

13 Secretary of Homeland Security with respect to the Coast 

14 Guard, may prescribe regulations under subsection (f) of 

15 such section to modify the method by which bonus pay16 ments are made under reserve affiliation agreements en17 tered into during such fiscal year. 

18 SEC. 1113. (a) INCREASE IN SGLI MAXIMUM.—Sec19 tion 1967 of title 38, United States Code, is amended—

20 (1) in subsection (a)(3)(A)(i), by striking 

21 ‘‘$250,000’’ and inserting ‘‘$400,000 or such lesser 

22 amount as the member may elect in increments of 

23 $50,000’’; 

24 (2) in subsection (a)(3)(B), by striking ‘‘member 

25 or spouse’’ in the last sentence and inserting ‘‘mem-
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1 ber, be evenly divisible by $50,000 and, in the case 

2 of a member’s spouse’’; and 

3 (3) in subsection (d), by striking ‘‘of $250,000’’ 

4 and inserting ‘‘in effect under subsection 

5 (a)(3)(A)(i)’’. 

6 (b) SPOUSE CONSENT AND BENEFICIARY NOTIFICA7 TION.—Section 1967(a)(3)(B) of such title is amended—

8 (1) by inserting ‘‘(i)’’ after ‘‘(B)’’; and 

9 (2) by adding at the end the following new 

10 clauses: 

11 ‘‘(ii) A member who is married may 

12 not, without the written concurrence of the 

13 member’s spouse—

14 ‘‘(I) elect not to be insured under 

15 this subchapter or to be insured under 

16 this subchapter in an amount less 

17 than the maximum amount provided 

18 for under subparagraph (A)(i); or 

19 ‘‘(II) designate any other person 

20 as a beneficiary under this program. 

21 ‘‘(iii) Whenever a member who is not 

22 married elects not to be insured under this 

23 subchapter or to be insured under this sub24 chapter in an amount less than the max25 imum amount provided for under subpara-
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1 graph (A)(i), the Secretary concerned shall 

2 provide a notice of such election to any 

3 person designated by the member as a ben4 eficiary or designated as the member’s 

5 next-of-kin for the purpose of emergency 

6 notification, as determined under regula7 tions prescribed by the Secretary of De8 fense.’’. 

9 (c) LIMITATION ON SPOUSE COVERAGE TO AMOUNT

10 OF MEMBER COVERAGE.—Section 1967(a)(3)(C) of such 

11 title is amended by inserting before the period at the end 

12 the following: ‘‘as applicable to such member under sub13 paragraph (A)(i)’’. 

14 (d) CONFORMING AMENDMENTS TO VGLI PROVI15 SIONS.—Section 1977 of such title is amended by striking 

16 ‘‘$250,000’’ each place it appears and inserting 

17 ‘‘$400,000’’. 

18 (e) MILITARY DEATH GRATUITY.—Section 1478 of 

19 title 10, United States Code, is amended—

20 (1) in subsection (a), by striking ‘‘$12,000 (as 

21 adjusted under subsection (c))’’ and inserting 

22 ‘‘$100,000’’; and 

23 (2) by striking subsection (c). 
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1 (f) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to deaths occurring 

3 on or after the date of the enactment of this Act. 

4 SEC. 1114. (a) SPECIAL DEATH GRATUITY FOR CER5 TAIN PRIOR DEATHS IN SERVICE.—In the case of the 

6 death of a member of the uniformed services that is a 

7 qualifying death (as specified in subsection (b)), the Sec8 retary concerned shall pay a death gratuity of not more 

9 than $238,000. Of that amount—

10 (1) $150,000 shall be paid in the manner speci11 fied in subsection (c); and 

12 (2) $88,000 shall be paid in the manner speci13 fied in subsection (d). 

14 (b) QUALIFYING DEATHS.—The death of a member 

15 of the uniformed services is a qualifying death for purpose 

16 of this section if—

17 (1) the member died during the period begin18 ning on October 7, 2001, and ending on the day be19 fore the date of the enactment of this Act; 

20 (2) for the purpose of section 1114(a)(2), the 

21 death was a direct result of an injury or illness (or 

22 combination of one or more injuries or illness) in23 curred in Operation Enduring Freedom or Operation 

24 Iraqi Freedom, as determined under regulations pre25 scribed by the Secretary of Defense; and 
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1 (3) for the purpose of section 1114(a)(1), the 

2 death was a direct result of an injury or illness (or 

3 combination of one or more injuries or illness) in4 curred by any active duty military member in the 

5 performance of duty. 

6 (c) SGLI BENEFICIARIES.—A payment pursuant to 

7 subsection (a)(1) by reason of a covered death shall be 

8 paid—

9 (1) to a beneficiary in proportion to the share 

10 of benefits applicable to such beneficiary in the pay11 ment of life insurance proceeds paid on the basis of 

12 that death under the Servicemembers Group Life In13 surance program under subchapter III of chapter 19 

14 of title 38, United States Code; or 

15 (2) in the case of a member who elected not to 

16 be insured under the provisions of that subchapter, 

17 in equal shares to the person or persons who would 

18 have received proceeds under those provisions of law 

19 for a member who is insured under that subchapter 

20 but does not designate named beneficiaries. 

21 (d) MILITARY DEATH GRATUITY BENEFICIARIES.—

22 A payment pursuant to subsection (a)(2) by reason of a 

23 covered death shall be paid equal shares to the bene24 ficiaries who were paid the death gratuity that was paid 
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1 with respect to that death under subchapter II of chapter 

2 75 of title 10, United States Code. 

3 (e) STATUS OF PAYMENTS.—A death gratuity pay4 able under this section by reason of a qualifying death 

5 is in addition to any other death gratuity or other benefit 

6 payable by the United States by reason of that death. 

7 (f) DEFINITION.—For the purposes of this section, 

8 the term ‘‘Secretary concerned’’ has the meaning given 

9 that term in section 101 of title 37, United States Code.’’. 

10 SEC. 1115. Funds appropriated in this chapter, or 

11 made available by transfer of funds in or pursuant to this 

12 chapter, for intelligence activities are deemed to be specifi13 cally authorized by the Congress for purposes of section 

14 504 of the National Security Act of 1947 (50 U.S.C. 414). 

15 SEC. 1116. None of the funds provided in this chap16 ter may be used to finance programs or activities denied 

17 by Congress in fiscal year 2004 and 2005 appropriations 

18 to the Department of Defense or to initiate a procurement 

19 or research, development, test and evaluation new start 

20 program without prior written notification to the congres21 sional defense committees. 
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1 CHAPTER 2

2 DEPARTMENT OF DEFENSE 

3 MILITARY CONSTRUCTION, ARMY

4 For an additional amount for ‘‘Military Construction, 

5 Army’’, $930,100,000, to remain available until Sep6 tember 30, 2006: Provided, That $669,100,000 of such 

7 additional amount may not be obligated until after that 

8 date on which the Secretary of Defense submits to the 

9 Committees on Appropriations of the House of Represent10 atives and Senate the comprehensive master plans for 

11 overseas military infrastructure required by House Report 

12 108–342: Provided further, That notwithstanding any 

13 other provision of law, such funds may be obligated or ex14 pended to carry out planning and design and military con15 struction projects not otherwise authorized by law: Pro16 vided further, That the amounts provided under this head17 ing are designated as an emergency requirement pursuant 

18 to section 402 of the conference report to accompany S. 

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

20 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

21 For an additional amount for ‘‘Military Construction, 

22 Navy and Marine Corps’’, $92,720,000, to remain avail23 able until September 30, 2006: Provided, That 

24 $32,380,000 of such additional amount may not be obli25 gated until after that date on which the Secretary of De-
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1 fense submits to the Committees on Appropriations of the 

2 House of Representatives and Senate the comprehensive 

3 master plans for overseas military infrastructure required 

4 by House Report 108–342: Provided further, That not5 withstanding any other provision of law, such funds may 

6 be obligated or expended to carry out planning and design 

7 and military construction projects not otherwise author8 ized by law: Provided further, That the amounts provided 

9 under this heading are designated as an emergency re10 quirement pursuant to section 402 of the conference re11 port to accompany S. Con. Res. 95 (108th Congress). 

12 MILITARY CONSTRUCTION, AIR FORCE

13 For an additional amount for ‘‘Military Construction, 

14 Air Force’’, $301,386,000, to remain available until Sep15 tember 30, 2006: Provided, That $301,386,000 of such 

16 additional amount may not be obligated until after that 

17 date on which the Secretary of Defense submits to the 

18 Committees on Appropriations of the House of Represent19 atives and Senate the comprehensive master plans for 

20 overseas military infrastructure required by House Report 

21 108–342: Provided further, That notwithstanding any 

22 other provision of law, such funds may be obligated or ex23 pended to carry out planning and design and military con24 struction projects not otherwise authorized by law: Pro25 vided further, That the amounts provided under this head-
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1 ing are designated as an emergency requirement pursuant 

2 to section 402 of the conference report to accompany S. 

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

4 MILITARY PERSONNEL, ARMY

5 For an additional amount for ‘‘Military Personnel, 

6 Army’’, $1,542,100,000: Provided, That the amounts pro7 vided under this heading are designated as an emergency 

8 requirement pursuant to section 402 of the conference re9 port to accompany S. Con. Res. 95 (108th Congress). 

10 OPERATION AND MAINTENANCE, ARMY

11 For an additional amount for ‘‘Operation and Main12 tenance, Army’’, $66,300,000: Provided, That the 

13 amounts provided under this heading are designated as 

14 an emergency requirement pursuant to section 402 of the 

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

16 Congress). 

17 DEFENSE HEALTH PROGRAM

18 For an additional amount for ‘‘Defense Health Pro19 gram’’, $175,550,000 for operation and maintenance: Pro20 vided, That the amounts provided under this heading are 

21 designated as an emergency requirement pursuant to sec22 tion 402 of the conference report to accompany S. Con. 

23 Res. 95 (108th Congress). 
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1 TITLE II—INTERNATIONAL PROGRAMS AND AS2 SISTANCE FOR RECONSTRUCTION AND THE 

3 WAR ON TERROR 

4 CHAPTER 1

5 BILATERAL ECONOMIC ASSISTANCE 

6 FUNDS APPROPRIATED TO THE PRESIDENT 

7 UNITED STATES AGENCY FOR INTERNATIONAL 

8 DEVELOPMENT 

9 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

10 For an additional amount for ‘‘International Disaster 

11 and Famine Assistance’’, $44,000,000 (increased by 

12 $50,000,000), to remain available until expended, for 

13 emergency expenses related to the humanitarian crisis in 

14 the Darfur region of Sudan: Provided, That the amounts 

15 provided under this heading are designated as an emer16 gency requirement pursuant to section 402 of the con17 ference report to accompany S. Con. Res. 95 (108th Con18 gress). 

19 OPERATING EXPENSES OF THE UNITED STATES AGENCY

20 FOR INTERNATIONAL DEVELOPMENT

21 For an additional amount for ‘‘Operating Expenses 

22 of the United States Agency for International Develop23 ment’’, $24,400,000, to remain available until September 

24 30, 2006. 
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1 OPERATING EXPENSES OF THE UNITED STATES AGENCY

2 FOR INTERNATIONAL DEVELOPMENT

3 OFFICE OF INSPECTOR GENERAL

4 For an additional amount for ‘‘Operating Expenses 

5 of the United States Agency for International Develop6 ment Office of Inspector General’’, $2,500,000, to remain 

7 available until September 30, 2006. 

8 OTHER BILATERAL ECONOMIC ASSISTANCE 

9 ECONOMIC SUPPORT FUND

10 For an additional amount for ‘‘Economic Support 

11 Fund’’, $684,700,000 (reduced by $3,000,000), to remain 

12 available until September 30, 2006, of which up to 

13 $200,000,000 may be provided for programs, activities, 

14 and efforts to support Palestinians. 

15 For an additional amount for ‘‘Economic Support 

16 Fund’’, $376,500,000, to remain available until Sep17 tember 30, 2006: Provided, That these funds are hereby 

18 designated by Congress to be emergency requirements 

19 pursuant to section 402 of the conference report to accom20 pany S. Con. Res. 95 (108th Congress). 

21 ASSISTANCE FOR THE INDEPENDENT STATES OF THE

22 FORMER SOVIET UNION

23 For an additional amount for ‘‘Assistance for the 

24 Independent States of the Former Soviet Union’’ for as-
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1 sistance for Ukraine, $33,700,000, to remain available 

2 until September 30, 2006. 

3 DEPARTMENT OF STATE 

4 INTERNATIONAL NARCOTICS CONTROL AND LAW

5 ENFORCEMENT

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for ‘‘International Nar8 cotics Control and Law Enforcement’’, $594,000,000, to 

9 remain available until September 30, 2007, of which not 

10 more than $400,000,000 may be made available to provide 

11 assistance to the Afghan police: Provided, That the 

12 amounts provided under this heading are designated as 

13 an emergency requirement pursuant to section 402 of the 

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

15 Congress). 

16 MIGRATION AND REFUGEE ASSISTANCE

17 For an additional amount for ‘‘Migration and Ref18 ugee Assistance’’, $53,400,000 (increased by 

19 $50,000,000), to remain available until September 30, 

20 2006: Provided, That the amounts provided under this 

21 heading are designated as an emergency requirement pur22 suant to section 402 of the conference report to accom23 pany S. Con. Res. 95 (108th Congress). 
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1 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

2 RELATED PROGRAMS

3 For an additional amount for ‘‘Nonproliferation, 

4 Anti-Terrorism, Demining and Related Programs’’, 

5 $17,100,000, to remain available until September 30, 

6 2006: Provided, That the amounts provided under this 

7 heading are designated as an emergency requirement pur8 suant to section 402 of the conference report to accom9 pany S. Con. Res. 95 (108th Congress). 

10 MILITARY ASSISTANCE 

11 FUNDS APPROPRIATED TO THE PRESIDENT 

12 FOREIGN MILITARY FINANCING PROGRAM

13 For an additional amount for the ‘‘Foreign Military 

14 Financing Program’’, $250,000,000. 

15 PEACEKEEPING OPERATIONS

16 For an additional amount for ‘‘Peacekeeping Oper17 ations’’, $10,000,000, to remain available until September 

18 30, 2006: Provided, That the amounts provided under this 

19 heading are designated as an emergency requirement pur20 suant to section 402 of the conference report to accom21 pany S. Con. Res. 95 (108th Congress). 

22 GENERAL PROVISIONS—THIS CHAPTER 

23 SEC. 2101. Section 307(a) of the Foreign Assistance 

24 Act of 1961 is amended by striking ‘‘Iraq,’’. 
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1 (RESCISSION)

2 SEC. 2102. The unexpended balance appropriated by 

3 Public Law 108–11 under the heading ‘‘Economic Sup4 port Fund’’ and made available for Turkey is rescinded. 

5 SEC. 2103. Section 559 of division D of Public Law 

6 108–447 is amended by adding at the end the following: 

7 ‘‘(e) Subsequent to the certification specified in sub8 section (a), the Comptroller General of the United States 

9 shall conduct an audit and an investigation of the treat10 ment, handling, and uses of all funds for the bilateral 

11 West Bank and Gaza Program in fiscal year 2005 under 

12 the heading ‘Economic Support Fund’. The audit shall ad13 dress—

14 ‘‘(1) the extent to which such Program complies 

15 with the requirements of subsections (b) and (c), 

16 and 

17 ‘‘(2) an examination of all programs, projects, 

18 and activities carried out under such Program, in19 cluding both obligations and expenditures.’’. 

20 SEC. 2104. The Secretary of State shall submit to 

21 the Committees on Appropriations not later than 30 days 

22 after enactment, and prior to the initial obligation of funds 

23 appropriated under this chapter, a report on the proposed 

24 uses of all funds on a project-by-project basis, for which 

25 the obligation of funds is anticipated: Provided, That up 
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1 to 10 percent of funds appropriated under this chapter 

2 may be obligated before the submission of the report sub3 ject to the normal notification procedures of the Commit4 tees on Appropriations: Provided further, That the report 

5 shall be updated and submitted to the Committees on Ap6 propriations every six months and shall include informa7 tion detailing how the estimates and assumptions con8 tained in previous reports have changed: Provided further, 

9 That any new projects and increases in funding of ongoing 

10 projects shall be subject to the prior approval of the Com11 mittees on Appropriations: Provided further, That the Sec12 retary of State shall submit to the Committees on Appro13 priations, not later than 210 days following enactment of 

14 this Act and annually thereafter, a report detailing on a 

15 project-by-project basis the expenditure of funds appro16 priated under this chapter until all funds have been fully 

17 expended. 

18 SEC. 2105. The Comptroller General of the United 

19 States shall conduct an audit of the use of all funds for 

20 the bilateral Afghanistan counternarcotics and alternative 

21 livelihood programs in fiscal year 2005 under the heading 

22 ‘‘Economic Support Fund’’ and ‘‘International Narcotics 

23 Control and Law Enforcement’’: Provided, That the audit 

24 shall include an examination of all programs, projects and 
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1 activities carried out under such programs, including both 

2 obligations and expenditures. 

3 SEC. 2106. No later than 60 days after the date of 

4 enactment of this Act, the President shall submit a report 

5 to the Congress detailing—

6 (1) information regarding the Palestinian secu7 rity services, including their numbers, accountability, 

8 and chains of command, and steps taken to purge 

9 from their ranks individuals with ties to terrorist en10 tities; 

11 (2) specific steps taken by the Palestinian Au12 thority to dismantle the terrorist infrastructure, con13 fiscate unauthorized weapons, arrest and bring ter14 rorists to justice, destroy unauthorized arms fac15 tories, thwart and preempt terrorist attacks, and co16 operate with Israel’s security services; 

17 (3) specific actions taken by the Palestinian Au18 thority to stop incitement in Palestinian Authority19 controlled electronic and print media and in schools, 

20 mosques, and other institutions it controls, and to 

21 promote peace and coexistence with Israel; 

22 (4) specific steps the Palestinian Authority has 

23 taken to ensure democracy, the rule of law, and an 

24 independent judiciary, and transparent and account25 able governance; 
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1 (5) the Palestinian Authority’s cooperation with 

2 United States officials in their investigations into 

3 the late Palestinian leader Yasser Arafat’s finances; 

4 and 

5 (6) the amount of assistance pledged and actu6 ally provided to the Palestinian Authority by other 

7 donors: 

8 Provided, That not later than 180 days after enactment 

9 of this Act, the President shall submit to the Congress 

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

11 $5,000,000 of the funds made available for assistance to 

12 the West Bank and Gaza by this title under ‘‘Economic 

13 Support Fund’’ shall be used for an outside, independent 

14 evaluation by an internationally recognized accounting 

15 firm of the transparency and accountability of Palestinian 

16 Authority accounting procedures and an audit of expendi17 tures by the Palestinian Authority: Provided further, That 

18 the waiver authority of section 550(b) of the Foreign Op19 erations, Export Financing, and Related Programs Appro20 priations Act, 2005 (Public Law 108–447) may not be ex21 ercised with respect to funds appropriated for assistance 

22 to the Palestinians under this chapter: Provided further, 

23 That the waiver detailed in Presidential Determination 

24 2005–10 issued on December 8, 2004, shall not be ex25 tended to funds appropriated under this chapter. 
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1 CHAPTER 2

2 DEPARTMENT OF STATE AND RELATED 

3 AGENCY 

4 DEPARTMENT OF STATE 

5 ADMINISTRATION OF FOREIGN AFFAIRS

6 DIPLOMATIC AND CONSULAR PROGRAMS

7 For an additional amount for ‘‘Diplomatic and Con8 sular Programs’’, $748,500,000, to remain available until 

9 September 30, 2006: Provided, That the amounts provided 

10 under this heading are designated as an emergency re11 quirement pursuant to section 402 of the conference re12 port to accompany S. Con. Res. 95 (108th Congress). 

13 EMBASSY SECURITY, CONSTRUCTION, AND

14 MAINTENANCE

15 For an additional amount for ‘‘Embassy Security, 

16 Construction, and Maintenance’’, $592,000,000, to re17 main available until expended: Provided, That the 

18 amounts provided under this heading are designated as 

19 an emergency requirement pursuant to section 402 of the 

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

21 Congress). 
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1 INTERNATIONAL ORGANIZATIONS

2 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

3 ACTIVITIES

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for ‘‘Contributions for 

6 International Peacekeeping Activities’’, $580,000,000, to 

7 remain available until September 30, 2006: Provided, 

8 That the amounts provided under this heading are des9 ignated as an emergency requirement pursuant to section 

10 402 of the conference report to accompany S. Con. Res. 

11 95 (108th Congress): Provided further, That up to 

12 $55,000,000 provided under this heading may be trans13 ferred to ‘‘Peacekeeping Operations’’, to be available for 

14 costs of establishing and operating a Sudan war crimes 

15 tribunal. 

16 RELATED AGENCY 

17 BROADCASTING BOARD OF GOVERNORS

18 INTERNATIONAL BROADCASTING OPERATIONS

19 For an additional amount for ‘‘International Broad20 casting Operations’’ for activities related to broadcasting 

21 to the broader Middle East, $4,800,000, to remain avail22 able until September 30, 2006: Provided, That the 

23 amounts provided under this heading are designated as 

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

2 Congress). 

3 CHAPTER 3

4 DEPARTMENT OF AGRICULTURE 

5 FOREIGN AGRICULTURAL SERVICE

6 PUBLIC LAW 480 TITLE II GRANTS

7 For an additional amount for ‘‘Public Law 480 Title 

8 II Grants’’, $150,000,000, to remain available until ex9 pended: Provided, That the amounts provided under this 

10 heading are designated as an emergency requirement pur11 suant to section 402 of the conference report to accom12 pany S. Con. Res. 95 (108th Congress). 

13 TITLE III—DOMESTIC APPROPRIATIONS FOR 

14 THE WAR ON TERROR 

15 CHAPTER 1

16 DEPARTMENT OF ENERGY 

17 NATIONAL NUCLEAR SECURITY 

18 ADMINISTRATION 

19 DEFENSE NUCLEAR NONPROLIFERATION

20 For an additional amount for ‘‘Defense Nuclear Non21 proliferation’’, $110,000,000, to remain available until ex22 pended: Provided, That the amounts provided under this 

23 heading are designated as an emergency requirement pur24 suant to section 402 of the conference report to accom25 pany S. Con. Res. 95 (108th Congress). 
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1 CHAPTER 2

2 DEPARTMENT OF HOMELAND SECURITY 

3 UNITED STATES COAST GUARD 

4 OPERATING EXPENSES

5 For an additional amount for ‘‘Operating Expenses’’, 

6 $111,950,000: Provided, That the amounts provided 

7 under this heading are designated as an emergency re8 quirement pursuant to section 402 of the conference re9 port to accompany S. Con. Res. 95 (108th Congress). 

10 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

11 For an additional amount for ‘‘Acquisition, Construc12 tion, and Improvements’’, $49,200,000, to remain avail13 able until September 30, 2007: Provided, That the 

14 amounts provided under this heading are designated as 

15 an emergency requirement pursuant to section 402 of the 

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

17 Congress). 

18 CHAPTER 3

19 DEPARTMENT OF JUSTICE 

20 FEDERAL BUREAU OF INVESTIGATION

21 SALARIES AND EXPENSES

22 For an additional amount for ‘‘Salaries and Ex23 penses’’, $78,970,000: Provided, That the amounts pro24 vided under this heading are designated as an emergency 
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1 requirement pursuant to section 402 of the conference re2 port to accompany S. Con. Res. 95 (108th Congress). 

3 DRUG ENFORCEMENT ADMINISTRATION

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Salaries and Ex6 penses,’’ $7,648,000: Provided, That the amounts pro7 vided under this heading are designated as an emergency 

8 requirement pursuant to section 402 of the conference re9 port to accompany S. Con. Res. 95 (108th Congress). 

10 TITLE IV—INDIAN OCEAN TSUNAMI RELIEF 

11 CHAPTER 1

12 FUNDS APPROPRIATED TO THE PRESIDENT 

13 OTHER BILATERAL ASSISTANCE 

14 TSUNAMI RECOVERY AND RECONSTRUCTION FUND

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses to carry out the Foreign As17 sistance Act of 1961, for emergency relief, rehabilitation, 

18 and reconstruction aid to countries affected by the tsu19 nami and earthquakes of December 2004, and for other 

20 purposes, $656,000,000 (increased by $3,000,000), to re21 main available until September 30, 2006: Provided, That 

22 these funds may be transferred by the Secretary of State 

23 to any Federal agency or account for any activity author24 ized under part I (including chapter 4 of part II) of the 

25 Foreign Assistance Act, or under the Agricultural Trade 
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1 Development and Assistance Act of 1954, to accomplish 

2 the purposes provided herein: Provided further, That upon 

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

4 from this appropriation are not necessary for the purposes 

5 provided herein, such amounts may be transferred back 

6 to this appropriation: Provided further, That funds appro7 priated under this heading may be used to reimburse fully 

8 accounts administered by the United States Agency for 

9 International Development for obligations incurred for the 

10 purposes provided under this heading prior to enactment 

11 of this Act, including Public Law 480 Title II grants: Pro12 vided further, That the amounts provided under this head13 ing are designated as an emergency requirement pursuant 

14 to section 402 of the conference report to accompany S. 

15 Con. Res. 95 (108th Congress): Provided further, That of 

16 the amounts provided herein: up to $10,000,000 may be 

17 transferred to and consolidated with the Development 

18 Credit Authority for the cost of direct loans and loan guar19 antees as authorized by sections 256 and 635 of the For20 eign Assistance Act of 1961 in furtherance of the purposes 

21 of this heading; up to $15,000,000 may be transferred to 

22 and consolidated with ‘‘Operating Expenses of the United 

23 States Agency for International Development’’, of which 

24 up to $2,000,000 may be used for administrative expenses 

25 to carry out credit programs administered by the United 
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1 States Agency for International Development in further2 ance of the purposes of this heading; up to $500,000 may 

3 be transferred to and consolidated with ‘‘Operating Ex4 penses of the United States Agency for International De5 velopment, Office of Inspector General’’; and up to 

6 $5,000,000 may be transferred to and consolidated with 

7 ‘‘Administration of Foreign Affairs Emergencies in the 

8 Diplomatic and Consular Service’’ for the purpose of pro9 viding support services for U.S. citizen victims and related 

10 operations. 

11 GENERAL PROVISION 

12 SEC. 4101. Amounts made available pursuant to sec13 tion 492(b) of the Foreign Assistance Act of 1961 to ad14 dress relief and rehabilitation needs for countries affected 

15 by the tsunami and earthquake of December 2004, prior 

16 to the enactment of this Act, shall be in addition to the 

17 amount that may be obligated in fiscal year 2005 under 

18 that section. 

19 SEC. 4102. The Secretary of State shall submit to 

20 the Committees on Appropriations not later than 30 days 

21 after enactment, and prior to the initial obligation of funds 

22 appropriated under this chapter, a report on the proposed 

23 uses of all funds on a project-by-project basis, for which 

24 the obligation of funds is anticipated: Provided, That up 

25 to 10 percent of funds appropriated under this chapter 
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1 may be obligated before the submission of the report sub2 ject to the normal notification procedures of the Commit3 tees on Appropriations: Provided further, That the report 

4 shall be updated and submitted to the Committees on Ap5 propriations every six months and shall include informa6 tion detailing how the estimates and assumptions con7 tained in previous reports have changed: Provided further, 

8 That any proposed new projects and increases in funding 

9 of ongoing projects shall be reported to the Committees 

10 on Appropriations in accordance with regular notification 

11 procedures: Provided further, That the Secretary of State 

12 shall submit to the Committees on Appropriations, not 

13 later than 210 days following enactment of this Act, and 

14 every six months thereafter, a report detailing on a 

15 project-by project basis, the expenditure of funds appro16 priated under this chapter until all funds have been fully 

17 expended. 

18 CHAPTER 2

19 DEPARTMENT OF DEFENSE—MILITARY 

20 OPERATION AND MAINTENANCE 

21 OPERATION AND MAINTENANCE, NAVY

22 For an additional amount for ‘‘Operation and Main23 tenance, Navy’’, $124,100,000: Provided, That the 

24 amounts provided under this heading are designated as 

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

2 Congress). 

3 OPERATION AND MAINTENANCE, MARINE CORPS

4 For an additional amount for ‘‘Operation and Main5 tenance, Marine Corps’’, $2,800,000: Provided, That the 

6 amounts provided under this heading are designated as 

7 an emergency requirement pursuant to section 402 of the 

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

9 Congress). 

10 OPERATION AND MAINTENANCE, AIR FORCE

11 For an additional amount for ‘‘Operation and Main12 tenance, Air Force’’, $30,000,000: Provided, That the 

13 amounts provided under this heading are designated as 

14 an emergency requirement pursuant to section 402 of the 

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

16 Congress). 

17 OPERATION AND MAINTENANCE, DEFENSE-WIDE

18 For an additional amount for ‘‘Operation and Main19 tenance, Defense-Wide’’, $29,150,000: Provided, That the 

20 amounts provided under this heading are designated as 

21 an emergency requirement pursuant to section 402 of the 

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

23 Congress). 
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1 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

2 For an additional amount for ‘‘Overseas Humani3 tarian, Disaster, and Civic Aid’’, $36,000,000, to remain 

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

5 amounts provided under this heading are designated as 

6 an emergency requirement pursuant to section 402 of the 

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

8 Congress). 

9 CHAPTER 3

10 DEPARTMENT OF DEFENSE 

11 DEFENSE HEALTH PROGRAM

12 For an additional amount for ‘‘Defense Health Pro13 gram’’, $3,600,000 for operation and maintenance: Pro14 vided, That the amounts provided under this heading are 

15 designated as an emergency requirement pursuant to sec16 tion 402 of the conference report to accompany S. Con. 

17 Res. 95 (108th Congress). 

18 CHAPTER 4

19 DEPARTMENT OF HOMELAND SECURITY 

20 UNITED STATES COAST GUARD 

21 OPERATING EXPENSES

22 For an additional amount for ‘‘Operating Expenses’’, 

23 $350,000: Provided, That the amounts provided under 

24 this heading are designated as an emergency requirement 
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1 pursuant to section 402 of the conference report to accom2 pany S. Con. Res. 95 (108th Congress). 

3 CHAPTER 5

4 DEPARTMENT OF THE INTERIOR 

5 UNITED STATES GEOLOGICAL SURVEY 

6 SURVEYS, INVESTIGATIONS, AND RESEARCH

7 For an additional amount for ‘‘Surveys, Investiga8 tions, and Research’’, $8,100,000, to remain available 

9 until September 30, 2006: Provided, That the amounts 

10 provided under this heading are designated as an emer11 gency requirement pursuant to section 402 of the con12 ference report to accompany S. Con. Res. 95 (108th Con13 gress). 

14 CHAPTER 6

15 DEPARTMENT OF COMMERCE 

16 NATIONAL OCEANIC AND ATMOSPHERIC

17 ADMINISTRATION

18 OPERATIONS, RESEARCH, AND FACILITIES

19 For an additional amount for ‘‘Operations, Research, 

20 and Facilities’’, $4,830,000, to remain available until Sep21 tember 30, 2006, for United States tsunami warning ca22 pabilities and operations: Provided, That the amounts pro23 vided under this heading are designated as an emergency 

24 requirement pursuant to section 402 of the conference re25 port to accompany S. Con. Res. 95 (108th Congress). 
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1 PROCUREMENT, ACQUISITION AND CONSTRUCTION

2 For an additional amount for ‘‘Procurement, Acquisi3 tion and Construction’’, $9,670,000, to remain available 

4 until September 30, 2007, for United States tsunami 

5 warning capabilities: Provided, That the amounts provided 

6 under this heading are designated as an emergency re7 quirement pursuant to section 402 of the conference re8 port to accompany S. Con. Res. 95 (108th Congress). 

9 TITLE V—GENERAL PROVISIONS AND 

10 TECHNICAL CORRECTIONS 

11 SEC. 5001. No part of any appropriation contained 

12 in this Act shall remain available for obligation beyond 

13 the current fiscal year unless expressly so provided herein. 

14 (INCLUDING TRANSFERS OF FUNDS)

15 SEC. 5002. Notwithstanding any other provision of 

16 law, upon enactment of this Act, the Secretary of Defense 

17 shall make the following transfers of funds previously 

18 made available in the Department of Defense Appropria19 tions Act, 2005 (Public Law 108–287): Provided, That the 

20 amounts transferred shall be made available for the same 

21 purpose and the same time period as the appropriation 

22 to which transferred: Provided further, That the authority 

23 provided in this section is in addition to any other transfer 

24 authority available to the Department of Defense: Pro25 vided further, That the amounts shall be transferred be-
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1 tween the following appropriations, in the amounts speci2 fied: 

3 To: 

4 Under the heading, ‘‘Research, Develop5 ment, Test and Evaluation, Air Force, 

6 2005/2006’’, $500,000; 

7 From: 

8 Under the heading, ‘‘Other Procurement, 

9 Air Force’’, $500,000. 

10 To: 

11 Under the heading, ‘‘Other Procurement, 

12 Air Force, 2005/2007’’, $8,200,000; 

13 From: 

14 Under the heading, ‘‘Other Procurement, 

15 Navy, 2005/2007’’, $8,200,000. 

16 SEC. 5003. Funds appropriated by this Act may be 

17 obligated and expended notwithstanding section 15 of the 

18 State Department Basic Authorities Act of 1956, section 

19 313 of the Foreign Relations Authorization Act, Fiscal 

20 Years 1994 and 1995 (Public Law 103–236) and section 

21 10 of Public Law 91–672 (22 U.S.C. 2412), and section 

22 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 

23 414(a)(1)). 

24 SEC. 5004. The last proviso under the heading ‘‘Op25 eration and Maintenance’’ in title I of division C of Public 
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1 Law 108–447 is amended by striking ‘‘Public Law 108–

2 357’’ and inserting ‘‘Public Law 108–137’’. 

3 SEC. 5005. Section 101 of title I of division C of Pub4 lic Law 108–447 is amended by striking ‘‘per project’’ and 

5 all that follows through the period at the end and inserting 

6 ‘‘for all applicable programs and projects not to exceed 

7 $80,000,000 in each fiscal year.’’. 

8 SEC. 5006. The matter under the heading ‘‘Water 

9 and Related Resources’’ in title II of division C of Public 

10 Law 108–447 is amended by inserting before the period 

11 at the end the following: ‘‘: Provided further, That 

12 $4,023,000 of the funds appropriated under this heading 

13 shall be deposited in the San Gabriel Basin Restoration 

14 Fund established by section 110 of title I of division B 

15 of the Miscellaneous Appropriations Act, 2001 (as enacted 

16 into law by Public Law 106–554)’’. 

17 SEC. 5007. In division C, title III of the Consolidated 

18 Appropriations Act, 2005 (Public Law 108–447), the item 

19 relating to ‘‘Department of Energy—Energy Programs—

20 Nuclear Waste Disposal’’ is amended by—

21 (1) inserting ‘‘to be derived from the Nuclear 

22 Waste Fund and’’ after ‘‘$346,000,000,’’; and 

23 (2) striking ‘‘to conduct scientific oversight re24 sponsibilities and participate in licensing activities 

25 pursuant to the Act’’ and inserting ‘‘to participate 
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1 in licensing activities and other appropriate activities 

2 pursuant to the Act’’. 

3 SEC. 5008. Section 144(b)(2) of title I of division E 

4 of Public Law 108–447 is amended by striking ‘‘Sep5 tember 24, 2004’’ and inserting ‘‘November 12, 2004’’. 

6 SEC. 5009. In the statement of the managers of the 

7 committee of conference accompanying H.R. 4818 (Public 

8 Law 108–447; House Report 108–792), in the matter in 

9 title III of division F, relating to the Fund for the Im10 provement of Education under the heading ‘‘Innovation 

11 and Improvement’’—

12 (1) the provision specifying $500,000 for the 

13 Mississippi Museum of Art, Jackson, MS for Hardy 

14 Middle School After School Program shall be 

15 deemed to read ‘‘Mississippi Museum of Art, Jack16 son, MS for a Mississippi Museum of Art After17 School Collaborative’’; 

18 (2) the provision specifying $2,000,000 for the 

19 Milken Family Foundation, Santa Monica, CA, for 

20 the Teacher Advancement Program shall be deemed 

21 to read ‘‘Teacher Advancement Program Founda22 tion, Santa Monica, CA for the Teacher Advance23 ment Program’’; 

24 (3) the provision specifying $1,000,000 for 

25 Batelle for Kids, Columbus, OH for a multi-state ef-
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1 fort to evaluate and learn the most effective ways for 

2 accelerating student academic growth shall be 

3 deemed to read ‘‘Battelle for Kids, Columbus, OH 

4 for a multi-state effort to implement, evaluate and 

5 learn the most effective ways for accelerating stu6 dent academic growth’’; 

7 (4) the provision specifying $750,000 for the 

8 Institute of Heart Math, Boulder Creek, CO for a 

9 teacher retention and student dropout prevention 

10 program shall be deemed to read ‘‘Institute of Heart 

11 Math, Boulder Creek, CA for a teacher retention 

12 and student dropout prevention program’’; 

13 (5) the provision specifying $200,000 for Fair14 fax County Public Schools, Fairfax, VA for Chinese 

15 language programs in Franklin Sherman Elemen16 tary School and Chesterbrook Elementary School in 

17 McLean, Virginia shall be deemed to read ‘‘Fairfax 

18 County Public Schools, Fairfax, VA for Chinese lan19 guage programs in Shrevewood Elementary School 

20 and Wolftrap Elementary School’’; 

21 (6) the provision specifying $1,250,000 for the 

22 University of Alaska/Fairbanks in Fairbanks, AK, 

23 working with the State of Alaska and Catholic Com24 munity Services, for the Alaska System for Early 

25 Education Development (SEED) shall be deemed to 
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1 read ‘‘University of Alaska/Southeast in Juneau, 

2 AK, working with the State of Alaska and Catholic 

3 Community Services, for the Alaska System for 

4 Early Education Development (SEED)’’; 

5 (7) the provision specifying $25,000 for QUILL 

6 Productions, Inc., Aston, PA, to develop and dis7 seminate programs to enhance the teaching of Amer8 ican history shall be deemed to read ‘‘QUILL Enter9 tainment Company, Aston, PA, to develop and dis10 seminate programs to enhance the teaching of Amer11 ican history’’; 

12 (8) the provision specifying $780,000 for City 

13 of St. Charles, MO for the St. Charles Foundry Arts 

14 Center in support of arts education shall be deemed 

15 to read ‘‘The Foundry Art Centre, St. Charles, Mis16 souri for support of arts education in conjunction 

17 with the City of St. Charles, MO’’; 

18 (9) the provision specifying $100,000 for Com19 munity Arts Program, Chester, PA, for arts edu20 cation shall be deemed to read ‘‘Chester Economic 

21 Development Authority, Chester, PA for a commu22 nity arts program’’; 

23 (10) the provision specifying $100,000 for Kids 

24 with A Promise—The Bowery Mission, Bushkill, PA 
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1 shall be deemed to read ‘‘Kids with A Promise—The 

2 Bowery Mission, New York, NY’’; 

3 (11) the provision specifying $50,000 for Great 

4 Projects Film Company, Inc., Washington, DC, to 

5 produce ‘‘Educating America’’, a documentary about 

6 the challenges facing our public schools shall be 

7 deemed to read ‘‘Great Projects Film Company, 

8 Inc., New York, NY, to produce ‘Educating Amer9 ica’, a documentary about the challenges facing our 

10 public schools’’; 

11 (12) the provision specifying $30,000 for Sum12 mer Camp Opportunities Provide an Edge 

13 (SCOPE), New York, NY for YMCA Camps 

14 Skycrest, Speers and Elijabar shall be deemed to 

15 read ‘‘American Camping Association for Summer 

16 Camp Opportunities Provide an Edge (SCOPE), 

17 New York, NY for YMCA Camps Skycrest and 

18 Speers-Elijabar’’; and 

19 (13) the provision specifying $163,000 for 

20 Space Education Initiatives, Green Bay, WI for the 

21 Wisconsin Space Science Initiative shall be deemed 

22 to read ‘‘Space Education Initiatives, De Pere, WI 

23 for the Wisconsin Space Science Initiative’’. 

24 SEC. 5010. In the statement of the managers of the 

25 committee of conference accompanying H.R. 4818 (Public 
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1 Law 108–447; House Report 108–792), in the matter in 

2 title III of division F, relating to the Fund for the Im3 provement of Postsecondary Education under the heading 

4 ‘‘Higher Education’’—

5 (1) the provision specifying $145,000 for the 

6 Belin-Blank Center at the University of Iowa, Iowa 

7 City, IA for the Big 10 school initiative to improve 

8 minority student access to Advanced Placement 

9 courses shall be deemed to read ‘‘University of Iowa, 

10 Iowa City, IA for the Iowa and Israel: Partners in 

11 Excellence program to enhance math and science op12 portunities to rural Iowa students’’; 

13 (2) the provision specifying $150,000 for Mercy 

14 College, Dobbs Ferry, NY for the development of a 

15 registered nursing program shall be deemed to read 

16 ‘‘Mercy College, Dobbs Ferry, NY, for the develop17 ment of a master’s degree program in nursing edu18 cation, including marketing and recruitment activi19 ties’’; 

20 (3) the provision specifying $100,000 for Uni21 versity of Alaska/Southeast to develop distance edu22 cation coursework for arctic engineering courses and 

23 programs shall be deemed to read ‘‘University of 

24 Alaska System Office to develop distance education 
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1 coursework for arctic engineering courses and pro2 grams’’; and 

3 (4) the provision specifying $100,000 for Cul4 ver-Stockton College, Canton, MO for equipment 

5 and technology shall be deemed to read ‘‘Moberly 

6 Area Community College, Moberly, MO for equip7 ment and technology’’. 

8 SEC. 5011. The matter under the heading ‘‘Corpora9 tion for National and Community Service—National and 

10 Community Service Programs Operating Expenses’’ in 

11 title III of division I of Public Law 108–447 is amended 

12 by inserting before the period at the end the following: 

13 ‘‘: Provided further, That the Corporation may use up to 

14 1 percent of program grant funds made available under 

15 this heading to defray its costs of conducting grant appli16 cation reviews, including the use of outside peer review17 ers’’. 

18 SEC. 5012. Section 114 of title I of division I of the 

19 Consolidated Appropriations Act, 2005 (Public Law 108–

20 447) is amended by inserting before the period ‘‘and sec21 tion 303 of Public Law 108–422’’. 

22 SEC. 5013. Section 117 of title I of division I of the 

23 Consolidated Appropriations Act, 2005 (Public Law 108–

24 447) is amended by striking ‘‘that are deposited into the 
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1 Medical Care Collections Fund may be transferred and 

2 merged with’’ and inserting ‘‘may be deposited into the’’. 

3 SEC. 5014. Section 1703(d)(2) of title 38, United 

4 States Code, is amended by striking ‘‘shall be available 

5 for the purposes’’ and inserting ‘‘shall be available, with6 out fiscal limitation, for the purposes’’. 

7 SEC. 5015. Section 621 of title VI of division B of 

8 Public Law 108–199 is amended by striking ‘‘of pas9 senger, cargo and other aviation services’’. 

10 SEC. 5016. Section 619(a) of title VI of division B 

11 of Public Law 108–447 is amended by striking ‘‘Asheville12 Buncombe Technical Community College’’ and inserting 

13 ‘‘the International Small Business Institute’’. 

14 SEC. 5017. (a) Section 619(a) of title VI of division 

15 B of Public Law 108–447 is amended by striking ‘‘for 

16 the continued modernization of the Mason Building’’. 

17 (b) Section 621 of title VI of division B of Public 

18 Law 108–199, as amended by Public Law 108–447, is 

19 amended by striking ‘‘, for the continued modernization 

20 of the Mason Building’’. 

21 SEC. 5018. The Department of Justice may transfer 

22 funds from any Department of Justice account to ‘‘Deten23 tion Trustee’’: Provided, That the notification requirement 

24 in section 605(b) of title VI of division B of Public Law 

25 108–447 shall remain in effect for any such transfers. 
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1 SEC. 5019. The referenced statement of managers 

2 under the heading ‘‘Community Development Fund’’ in 

3 title II of division K of Public Law 108–7 is deemed to 

4 be amended—

5 (1) with respect to item number 39 by striking 

6 ‘‘Conference and Workforce Center in Harrison, Ar7 kansas’’ and inserting ‘‘in Harrison, Arkansas for 

8 facilities construction of the North Arkansas College 

9 Health Sciences Education Center’’; and 

10 (2) with respect to item number 316 by striking 

11 ‘‘for renovation of a visitor center to accommodate 

12 a Space and Flight Center’’ and inserting ‘‘to build13 out the Prince George’s County Economic Develop14 ment and Business Assistance Center’’. 

15 SEC. 5020. The referenced statement of the man16 agers under the heading ‘‘Community Development Fund’’ 

17 in title II of division G of Public Law 108–199 is deemed 

18 to be amended—

19 (1) with respect to item number 56 by striking 

20 ‘‘Conference and Training Center’’ and inserting 

21 ‘‘North Arkansas College Health Sciences Education 

22 Center’’; 

23 (2) with respect to item number 102 by striking 

24 ‘‘to the Town of Groveland, California for purchase 

25 of a youth center’’ and inserting ‘‘to the County of 
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1 Tuolomne for the purchase of a new youth center in 

2 the mountain community of Groveland’’; 

3 (3) with respect to item number 218 by striking 

4 ‘‘for construction’’ and inserting ‘‘for design and en5 gineering’’; 

6 (4) with respect to item number 472 by striking 

7 ‘‘for sidewalk, curbs and facade improvements in the 

8 Morton Avenue neighborhood’’ and inserting ‘‘for 

9 streetscape renovation’’; and 

10 (5) with respect to item number 493 by striking 

11 ‘‘for land acquisition’’ and inserting ‘‘for planning 

12 and design of its Sports and Recreation Center and 

13 Education Complex’’. 

14 SEC. 5021. The referenced statement of the man15 agers under the heading ‘‘Community Development Fund’’ 

16 in title II of division I of Public Law 108–447 is deemed 

17 to be amended as follows—

18 (1) with respect to item number 706 by striking 

19 ‘‘a public swimming pool’’ and inserting ‘‘recreation 

20 fields’’; 

21 (2) with respect to item number 667 by striking 

22 ‘‘to the Town of Appomattox, Virginia for facilities 

23 construction of an African-American cultural and 

24 heritage museum at the Carver-Price building’’ and 
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1 inserting ‘‘to the County of Appomattox, Virginia for 

2 renovation of the Carver-Price building’’; 

3 (3) with respect to item number 668 by striking 

4 ‘‘for the Town of South Boston, Virginia for renova5 tions and creation of a community arts center at the 

6 Prizery’’ and inserting ‘‘for The Prizery in South 

7 Boston, Virginia for renovations and creation of a 

8 community arts center’’; 

9 (4) with respect to item number 669 by striking 

10 ‘‘for the City of Moneta, Virginia for facilities con11 struction and renovations of an art, education, and 

12 community outreach center’’ and inserting ‘‘for the 

13 Moneta Arts, Education, and Community Outreach 

14 Center in Moneta, Virginia for facilities construction 

15 and renovations’’; 

16 (5) with respect to item number 910 by striking 

17 ‘‘repairs to’’ and inserting ‘‘renovation and construc18 tion of’’; and 

19 (6) with respect to item number 902 by striking 

20 ‘‘City of Brooklyn’’ and inserting ‘‘Fifth Ave Com21 mittee in Brooklyn’’. 

22 SEC. 5022. Section 308 of division B of Public Law 

23 108–447 is amended by striking all after the words ‘‘shall 

24 be deposited’’, and inserting ‘‘as offsetting receipts to the 

25 fund established under 28 U.S.C. 1931 and shall remain 
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1 available to the Judiciary until expended to reimburse any 

2 appropriation for the amount paid out of such appropria3 tion for expenses of the Courts of Appeals, District 

4 Courts, and Other Judicial Services and the Administra5 tive Offices of the United States Courts.’’. 

6 SEC. 5023. Section 198 of division H of Public Law 

7 108–447 is amended by inserting ‘‘under title 23 of the 

8 United States Code’’ after ‘‘law’’. 

9 SEC. 5024. The District of Columbia Appropriations 

10 Act, 2005 (Public Law 108–335) approved October 18, 

11 2004, is amended as follows: 

12 (1) Section 331 is amended as follows: 

13 (A) in the first sentence by striking the 

14 word ‘‘$15,000,000’’ and inserting 

15 ‘‘$42,000,000, to remain available until ex16 pended,’’ in its place; and 

17 (B) by amending paragraph (5) to read as 

18 follows: 

19 ‘‘(5) The amounts may be obligated or ex20 pended only if the Mayor notifies the Committees on 

21 Appropriations of the House of Representatives and 

22 Senate in writing 30 days in advance of any obliga23 tion or expenditure.’’. 

24 (2) By inserting a new section before the short 

25 title at the end to read as follows: 
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1 ‘‘SEC. 348. The amount appropriated by this Act may 

2 be increased by an additional amount of $206,736,000 (in3 cluding $49,927,000 from local funds and $156,809,000 

4 from other funds) to be transferred by the Mayor of the 

5 District of Columbia to the various headings under this 

6 Act as follows: 

7 ‘‘(1) $174,927,000 (including $34,927,000 

8 from local funds, and $140,000,000 from other 

9 funds) shall be transferred under the heading ‘Gov10 ernment Direction and Support’: Provided, That of 

11 the funds, $33,000,000 from local funds shall re12 main available until expended: Provided further, 

13 That of the funds, $140,000,000 from other funds 

14 shall remain available until expended and shall only 

15 be available in conjunction with revenue from a pri16 vate or alternative financing proposal approved pur17 suant to section 106 of DC Act 15–717, the ‘Ball18 park Omnibus Financing and Revenue Act of 2004’ 

19 approved by the District of Columbia, December 29, 

20 2004, and 

21 ‘‘(2) $15,000,000 from local funds shall be 

22 transferred under the heading ‘Repayment of Loans 

23 and Interest’, and 
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1 ‘‘(3) $14,000,000 from other funds shall be 

2 transferred under the heading ‘Sports and Enter3 tainment Commission’, and 

4 ‘‘(4) $2,809,000 from other funds shall be 

5 transferred under the heading ‘Water and Sewer Au6 thority’.’’. 

7 TITLE VI—

8 HUMANITARIAN ASSISTANCE CODE OF 

9 CONDUCT 

10 SEC. 6001. SHORT TITLE. 

11 This title may be cited as the ‘‘Humanitarian Assist12 ance Code of Conduct Act of 2005’’. 

13 SEC. 6002. CODE OF CONDUCT FOR THE PROTECTION OF 

14 BENEFICIARIES OF HUMANITARIAN ASSIST15 ANCE. 

16 (a) PROHIBITION.—None of the funds made available 

17 for foreign operations, export financing, and related pro18 grams under the headings ‘‘Migration and Refugee Assist19 ance’’, ‘‘United States Emergency Refugee and Migration 

20 Assistance Fund’’, ‘‘International Disaster and Famine 

21 Assistance’’, or ‘‘Transition Initiatives’’ may be obligated 

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

23 that provides for the protection of beneficiaries of assist24 ance under any such heading from sexual exploitation and 

25 abuse in humanitarian relief operations. 
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1 (b) SIX CORE PRINCIPLES.—The code of conduct re2 ferred to in subsection (a) shall, to the maximum extent 

3 practicable, be consistent with the following six core prin4 ciples of the United Nations Inter-Agency Standing Com5 mittee Task Force on Protection From Sexual Exploi6 tation and Abuse in Humanitarian Crises: 

7 (1) ‘‘Sexual exploitation and abuse by humani8 tarian workers constitute acts of gross misconduct 

9 and are therefore grounds for termination of employ10 ment.’’. 

11 (2) ‘‘Sexual activity with children (persons 

12 under the age of 18) is prohibited regardless of the 

13 age of majority or age of consent locally. Mistaken 

14 belief regarding the age of a child is not a defense.’’. 

15 (3) ‘‘Exchange of money, employment, goods, or 

16 services for sex, including sexual favors or other 

17 forms of humiliating, degrading or exploitative be18 havior, is prohibited. This includes exchange of as19 sistance that is due to beneficiaries.’’. 

20 (4) ‘‘Sexual relationships between humanitarian 

21 workers and beneficiaries are strongly discouraged 

22 since they are based on inherently unequal power dy23 namics. Such relationships undermine the credibility 

24 and integrity of humanitarian aid work.’’. 
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1 (5) ‘‘Where a humanitarian worker develops 

2 concerns or suspicions regarding sexual abuse or ex3 ploitation by a fellow worker, whether in the same 

4 agency or not, he or she must report such concerns 

5 via established agency reporting mechanisms.’’. 

6 (6) ‘‘Humanitarian agencies are obliged to cre7 ate and maintain an environment which prevents 

8 sexual exploitation and abuse and promotes the im9 plementation of their code of conduct. Managers at 

10 all levels have particular responsibilities to support 

11 and develop systems which maintain this environ12 ment.’’. 

13 SEC. 6003. REPORT. 

14 Not later than 180 days after the date of the enact15 ment of this Act, and not later than one year after the 

16 date of the enactment of this Act, the President shall 

17 transmit to the Committee on Appropriations and the 

18 Committee on International Relations of the House of 

19 Representatives and the Committee on Appropriations and 

20 the Committee on Foreign Relations of the Senate a de21 tailed report on the implementation of this title. 

22 SEC. 6004. EFFECTIVE DATE; APPLICABILITY. 

23 This title—

24 (1) takes effect 60 days after the date of the 

25 enactment of this Act; and 
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1 (2) applies to funds obligated after the effective 

2 date referred to in paragraph (1)—

3 (A) for fiscal year 2005; and 

4 (B) any subsequent fiscal year. 

5 TITLE VII—ADDITIONAL GENERAL PROVISIONS 

6 SEC. 7001. None of the funds made available in this 

7 Act may be used for embassy security, construction, and 

8 maintenance. 

9 SEC. 7002. None of the funds made available in this 

10 Act may be used to fund any contract in contravention 

11 of section 15(g)(2) of the Small Business Act (15 U.S.C. 

12 644(g)(2)). 

13 SEC. 7003. None of the funds made available in this 

14 Act may be used in contravention of the following laws 

15 enacted or regulations promulgated to implement the 

16 United Nations Convention Against Torture and Other 

17 Cruel, Inhuman or Degrading Treatment or Punishment 

18 (done at New York on December 10, 1984): 

19 (1) Section 2340A of title 18, United States 

20 Code. 

21 (2) Section 2242 of the Foreign Affairs Reform 

22 and Restructuring Act of 1998 (division G of Public 

23 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

24 note) and any regulations prescribed thereto, includ25 ing regulations under part 208 of title 8, Code of 
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1 Federal Regulations, and part 95 of title 22, Code 

2 of Federal Regulations. 

3 This division may be cited as the ‘‘Emergency Sup4 plemental Appropriations Act for Defense, the Global War 

5 on Terror, and Tsunami Relief, 2005’’. 

6 DIVISION B—REAL ID ACT OF 

7 2005

8 SECTION 1. SHORT TITLE. 

9 This division may be cited as the ‘‘REAL ID Act of 

10 2005’’. 

11 TITLE I—AMENDMENTS TO FED12 ERAL LAWS TO PROTECT 

13 AGAINST TERRORIST ENTRY 

14 SEC. 101. PREVENTING TERRORISTS FROM OBTAINING RE15 LIEF FROM REMOVAL. 

16 (a) CONDITIONS FOR GRANTING ASYLUM.—Section 

17 208(b)(1) of the Immigration and Nationality Act (8 

18 U.S.C. 1158(b)(1)) is amended—

19 (1) by striking ‘‘The Attorney General’’ the 

20 first place such term appears and inserting the fol21 lowing: 

22 ‘‘(A) ELIGIBILITY.—The Secretary of 

23 Homeland Security or the Attorney General’’; 

24 (2) by striking ‘‘the Attorney General’’ the sec25 ond and third places such term appears and insert-
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1 ing ‘‘the Secretary of Homeland Security or the At2 torney General’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(B) BURDEN OF PROOF.—

5 ‘‘(i) IN GENERAL.—The burden of 

6 proof is on the applicant to establish that 

7 the applicant is a refugee, within the 

8 meaning of section 101(a)(42)(A). To es9 tablish that the applicant is a refugee with10 in the meaning of such section, the appli11 cant must establish that race, religion, na12 tionality, membership in a particular social 

13 group, or political opinion was or will be a 

14 central reason for persecuting the appli15 cant. 

16 ‘‘(ii) SUSTAINING BURDEN.—The tes17 timony of the applicant may be sufficient 

18 to sustain the applicant’s burden without 

19 corroboration, but only if the applicant sat20 isfies the trier of fact that the applicant’s 

21 testimony is credible, is persuasive, and re22 fers to specific facts sufficient to dem23 onstrate that the applicant is a refugee. In 

24 determining whether the applicant has met 

25 the applicant’s burden, the trier of fact 
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1 may weigh the credible testimony along 

2 with other evidence of record. Where the 

3 trier of fact determines, in the trier of 

4 fact’s discretion, that the applicant should 

5 provide evidence which corroborates other6 wise credible testimony, such evidence 

7 must be provided unless the applicant does 

8 not have the evidence and cannot reason9 ably obtain the evidence without departing 

10 the United States. The inability to obtain 

11 corroborating evidence does not excuse the 

12 applicant from meeting the applicant’s 

13 burden of proof. 

14 ‘‘(iii) CREDIBILITY DETERMINA15 TION.—The trier of fact should consider all 

16 relevant factors and may, in the trier of 

17 fact’s discretion, base the trier of fact’s 

18 credibility determination on any such fac19 tor, including the demeanor, candor, or re20 sponsiveness of the applicant or witness, 

21 the inherent plausibility of the applicant’s 

22 or witness’s account, the consistency be23 tween the applicant’s or witness’s written 

24 and oral statements (whenever made and 

25 whether or not made under oath), the in-
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1 ternal consistency of each such statement, 

2 the consistency of such statements with 

3 other evidence of record (including the re4 ports of the Department of State on coun5 try conditions), and any inaccuracies or 

6 falsehoods in such statements, without re7 gard to whether an inconsistency, inaccu8 racy, or falsehood goes to the heart of the 

9 applicant’s claim. There is no presumption 

10 of credibility.’’. 

11 (b) WITHHOLDING OF REMOVAL.—Section 241(b)(3) 

12 of the Immigration and Nationality Act (8 U.S.C. 

13 1231(b)(3)) is amended by adding at the end the fol14 lowing: 

15 ‘‘(C) SUSTAINING BURDEN OF PROOF; 

16 CREDIBILITY DETERMINATIONS.—In deter17 mining whether an alien has demonstrated that 

18 the alien’s life or freedom would be threatened 

19 for a reason described in subparagraph (A), the 

20 trier of fact shall determine whether the alien 

21 has sustained the alien’s burden of proof, and 

22 shall make credibility determinations, in the 

23 manner described in clauses (ii) and (iii) of sec24 tion 208(b)(1)(B).’’. 
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1 (c) OTHER REQUESTS FOR RELIEF FROM RE2 MOVAL.—Section 240(c) of the Immigration and Nation3 ality Act (8 U.S.C. 1230(c)) is amended—

4 (1) by redesignating paragraphs (4), (5), and 

5 (6) as paragraphs (5), (6), and (7), respectively; and 

6 (2) by inserting after paragraph (3) the fol7 lowing: 

8 ‘‘(4) APPLICATIONS FOR RELIEF FROM RE9 MOVAL.—

10 ‘‘(A) IN GENERAL.—An alien applying for 

11 relief or protection from removal has the bur12 den of proof to establish that the alien—

13 ‘‘(i) satisfies the applicable eligibility 

14 requirements; and 

15 ‘‘(ii) with respect to any form of relief 

16 that is granted in the exercise of discre17 tion, that the alien merits a favorable exer18 cise of discretion. 

19 ‘‘(B) SUSTAINING BURDEN.—The appli20 cant must comply with the applicable require21 ments to submit information or documentation 

22 in support of the applicant’s application for re23 lief or protection as provided by law or by regu24 lation or in the instructions for the application 

25 form. In evaluating the testimony of the appli-
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1 cant or other witness in support of the applica2 tion, the immigration judge will determine 

3 whether or not the testimony is credible, is per4 suasive, and refers to specific facts sufficient to 

5 demonstrate that the applicant has satisfied the 

6 applicant’s burden of proof. In determining 

7 whether the applicant has met such burden, the 

8 immigration judge shall weigh the credible testi9 mony along with other evidence of record. 

10 Where the immigration judge determines in the 

11 judge’s discretion that the applicant should pro12 vide evidence which corroborates otherwise cred13 ible testimony, such evidence must be provided 

14 unless the applicant demonstrates that the ap15 plicant does not have the evidence and cannot 

16 reasonably obtain the evidence without depart17 ing from the United States. The inability to ob18 tain corroborating evidence does not excuse the 

19 applicant from meeting the burden of proof. 

20 ‘‘(C) CREDIBILITY DETERMINATION.—The 

21 immigration judge should consider all relevant 

22 factors and may, in the judge’s discretion, base 

23 the judge’s credibility determination on any 

24 such factor, including the demeanor, candor, or 

25 responsiveness of the applicant or witness, the 
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1 inherent plausibility of the applicant’s or 

2 witness’s account, the consistency between the 

3 applicant’s or witness’s written and oral state4 ments (whenever made and whether or not 

5 made under oath), the internal consistency of 

6 each such statement, the consistency of such 

7 statements with other evidence of record (in8 cluding the reports of the Department of State 

9 on country conditions), and any inaccuracies or 

10 falsehoods in such statements, without regard 

11 to whether an inconsistency, inaccuracy, or 

12 falsehood goes to the heart of the applicant’s 

13 claim. There is no presumption of credibility.’’. 

14 (d) STANDARD OF REVIEW FOR ORDERS OF RE15 MOVAL.—Section 242(b)(4) of the Immigration and Na16 tionality Act (8 U.S.C. 1252(b)(4)) is amended by adding 

17 at the end, after subparagraph (D), the following: ‘‘No 

18 court shall reverse a determination made by a trier of fact 

19 with respect to the availability of corroborating evidence, 

20 as described in section 208(b)(1)(B), 240(c)(4)(B), or 

21 241(b)(3)(C), unless the court finds that a reasonable 

22 trier of fact is compelled to conclude that such corrobo23 rating evidence is unavailable.’’. 
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1 (e) CLARIFICATION OF DISCRETION.—Section 

2 242(a)(2)(B) of the Immigration and Nationality Act (8 

3 U.S.C. 1252(a)(2)(B)) is amended—

4 (1) by inserting ‘‘or the Secretary of Homeland 

5 Security’’ after ‘‘Attorney General’’ each place such 

6 term appears; and 

7 (2) in the matter preceding clause (i), by insert8 ing ‘‘and regardless of whether the judgment, deci9 sion, or action is made in removal proceedings,’’ 

10 after ‘‘other provision of law,’’. 

11 (f) REMOVAL OF CAPS.—Section 209 of the Immigra12 tion and Nationality Act (8 U.S.C. 1159) is amended—

13 (1) in subsection (a)(1)—

14 (A) by striking ‘‘Service’’ and inserting 

15 ‘‘Department of Homeland Security’’; and 

16 (B) by striking ‘‘Attorney General’’ each 

17 place such term appears and inserting ‘‘Sec18 retary of Homeland Security or the Attorney 

19 General’’; 

20 (2) in subsection (b)—

21 (A) by striking ‘‘Not more’’ and all that 

22 follows through ‘‘asylum who—’’ and inserting 

23 ‘‘The Secretary of Homeland Security or the 

24 Attorney General, in the Secretary’s or the At25 torney General’s discretion and under such reg-
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1 ulations as the Secretary or the Attorney Gen2 eral may prescribe, may adjust to the status of 

3 an alien lawfully admitted for permanent resi4 dence the status of any alien granted asylum 

5 who—’’; and 

6 (B) in the matter following paragraph (5), 

7 by striking ‘‘Attorney General’’ and inserting 

8 ‘‘Secretary of Homeland Security or the Attor9 ney General’’; and 

10 (3) in subsection (c), by striking ‘‘Attorney 

11 General’’ and inserting ‘‘Secretary of Homeland Se12 curity or the Attorney General’’. 

13 (g) EFFECTIVE DATES.—

14 (1) The amendments made by paragraphs (1) 

15 and (2) of subsection (a) shall take effect as if en16 acted on March 1, 2003. 

17 (2) The amendments made by subsections 

18 (a)(3), (b), and (c) shall take effect on the date of 

19 the enactment of this division and shall apply to ap20 plications for asylum, withholding, or other removal 

21 made on or after such date. 

22 (3) The amendment made by subsection (d) 

23 shall take effect on the date of the enactment of this 

24 division and shall apply to all cases in which the 
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1 final administrative removal order is or was issued 

2 before, on, or after such date. 

3 (4) The amendments made by subsection (e) 

4 shall take effect on the date of the enactment of this 

5 division and shall apply to all cases pending before 

6 any court on or after such date. 

7 (5) The amendments made by subsection (f) 

8 shall take effect on the date of the enactment of this 

9 division. 

10 (h) REPEAL.—Section 5403 of the Intelligence Re11 form and Terrorism Prevention Act of 2004 (Public Law 

12 108–458) is repealed. 

13 SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVE14 MENT OF BARRIERS AT BORDERS. 

15 Section 102(c) of the Illegal Immigration Reform and 

16 Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 

17 note) is amended to read as follows: 

18 ‘‘(c) WAIVER.—

19 ‘‘(1) IN GENERAL.—Notwithstanding any other 

20 provision of law, the Secretary of Homeland Security 

21 shall have the authority to waive, and shall waive, all 

22 laws such Secretary, in such Secretary’s sole discre23 tion, determines necessary to ensure expeditious con24 struction of the barriers and roads under this sec25 tion. 
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1 ‘‘(2) NO JUDICIAL REVIEW.—Notwithstanding 

2 any other provision of law (statutory or nonstatu3 tory), no court, administrative agency, or other enti4 ty shall have jurisdiction—

5 ‘‘(A) to hear any cause or claim arising 

6 from any action undertaken, or any decision 

7 made, by the Secretary of Homeland Security 

8 pursuant to paragraph (1); or 

9 ‘‘(B) to order compensatory, declaratory, 

10 injunctive, equitable, or any other relief for 

11 damage alleged to arise from any such action or 

12 decision.’’. 

13 SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TER14 RORIST-RELATED ACTIVITIES. 

15 (a) IN GENERAL.—So much of section 

16 212(a)(3)(B)(i) of the Immigration and Nationality Act 

17 (8 U.S.C. 1182(a)(3)(B)(i)) as precedes the final sentence 

18 is amended to read as follows: 

19 ‘‘(i) IN GENERAL.—Any alien who—

20 ‘‘(I) has engaged in a terrorist 

21 activity; 

22 ‘‘(II) a consular officer, the At23 torney General, or the Secretary of 

24 Homeland Security knows, or has rea25 sonable ground to believe, is engaged 
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1 in or is likely to engage after entry in 

2 any terrorist activity (as defined in 

3 clause (iv)); 

4 ‘‘(III) has, under circumstances 

5 indicating an intention to cause death 

6 or serious bodily harm, incited ter7 rorist activity; 

8 ‘‘(IV) is a representative (as de9 fined in clause (v)) of—

10 ‘‘(aa) a terrorist organiza11 tion (as defined in clause (vi)); or 

12 ‘‘(bb) a political, social, or 

13 other group that endorses or es14 pouses terrorist activity; 

15 ‘‘(V) is a member of a terrorist 

16 organization described in subclause (I) 

17 or (II) of clause (vi); 

18 ‘‘(VI) is a member of a terrorist 

19 organization described in clause 

20 (vi)(III), unless the alien can dem21 onstrate by clear and convincing evi22 dence that the alien did not know, and 

23 should not reasonably have known, 

24 that the organization was a terrorist 

25 organization; 
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1 ‘‘(VII) endorses or espouses ter2 rorist activity or persuades others to 

3 endorse or espouse terrorist activity or 

4 support a terrorist organization; 

5 ‘‘(VIII) has received military-type 

6 training (as defined in section 

7 2339D(c)(1) of title 18, United States 

8 Code) from or on behalf of any orga9 nization that, at the time the training 

10 was received, was a terrorist organiza11 tion (as defined in clause (vi)); or 

12 ‘‘(IX) is the spouse or child of an 

13 alien who is inadmissible under this 

14 subparagraph, if the activity causing 

15 the alien to be found inadmissible oc16 curred within the last 5 years, 

17 is inadmissible.’’. 

18 (b) ENGAGE IN TERRORIST ACTIVITY DEFINED.—

19 Section 212(a)(3)(B)(iv) of the Immigration and Nation20 ality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended to read 

21 as follows: 

22 ‘‘(iv) ENGAGE IN TERRORIST ACTIVITY

23 DEFINED.—As used in this Act, the term 

24 ‘engage in terrorist activity’ means, in an 
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1 individual capacity or as a member of an 

2 organization—

3 ‘‘(I) to commit or to incite to 

4 commit, under circumstances indi5 cating an intention to cause death or 

6 serious bodily injury, a terrorist activ7 ity; 

8 ‘‘(II) to prepare or plan a ter9 rorist activity; 

10 ‘‘(III) to gather information on 

11 potential targets for terrorist activity; 

12 ‘‘(IV) to solicit funds or other 

13 things of value for—

14 ‘‘(aa) a terrorist activity; 

15 ‘‘(bb) a terrorist organiza16 tion described in clause (vi)(I) or 

17 (vi)(II); or 

18 ‘‘(cc) a terrorist organiza19 tion described in clause (vi)(III), 

20 unless the solicitor can dem21 onstrate by clear and convincing 

22 evidence that he did not know, 

23 and should not reasonably have 

24 known, that the organization was 

25 a terrorist organization; 
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1 ‘‘(V) to solicit any individual—

2 ‘‘(aa) to engage in conduct 

3 otherwise described in this sub4 section; 

5 ‘‘(bb) for membership in a 

6 terrorist organization described 

7 in clause (vi)(I) or (vi)(II); or 

8 ‘‘(cc) for membership in a 

9 terrorist organization described 

10 in clause (vi)(III) unless the so11 licitor can demonstrate by clear 

12 and convincing evidence that he 

13 did not know, and should not 

14 reasonably have known, that the 

15 organization was a terrorist orga16 nization; or 

17 ‘‘(VI) to commit an act that the 

18 actor knows, or reasonably should 

19 know, affords material support, in20 cluding a safe house, transportation, 

21 communications, funds, transfer of 

22 funds or other material financial ben23 efit, false documentation or identifica24 tion, weapons (including chemical, bi-
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1 ological, or radiological weapons), ex2 plosives, or training—

3 ‘‘(aa) for the commission of 

4 a terrorist activity; 

5 ‘‘(bb) to any individual who 

6 the actor knows, or reasonably 

7 should know, has committed or 

8 plans to commit a terrorist activ9 ity; 

10 ‘‘(cc) to a terrorist organiza11 tion described in subclause (I) or 

12 (II) of clause (vi) or to any mem13 ber of such an organization; or 

14 ‘‘(dd) to a terrorist organi15 zation described in clause 

16 (vi)(III), or to any member of 

17 such an organization, unless the 

18 actor can demonstrate by clear 

19 and convincing evidence that the 

20 actor did not know, and should 

21 not reasonably have known, that 

22 the organization was a terrorist 

23 organization. 

24 This clause shall not apply to any material 

25 support the alien afforded to an organiza-
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1 tion or individual that has committed ter2 rorist activity, if the Secretary of State, 

3 after consultation with the Attorney Gen4 eral and the Secretary of Homeland Secu5 rity, or the Attorney General, after con6 sultation with the Secretary of State and 

7 the Secretary of Homeland Security, con8 cludes in his sole unreviewable discretion, 

9 that this clause should not apply.’’. 

10 (c) TERRORIST ORGANIZATION DEFINED.—Section 

11 212(a)(3)(B)(vi) of the Immigration and Nationality Act 

12 (8 U.S.C. 1182(a)(3)(B)(vi)) is amended to read as fol13 lows: 

14 ‘‘(vi) TERRORIST ORGANIZATION DE15 FINED.—As used in this section, the term 

16 ‘terrorist organization’ means an organiza17 tion—

18 ‘‘(I) designated under section 

19 219; 

20 ‘‘(II) otherwise designated, upon 

21 publication in the Federal Register, by 

22 the Secretary of State in consultation 

23 with or upon the request of the Attor24 ney General or the Secretary of 

25 Homeland Security, as a terrorist or-
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1 ganization, after finding that the or2 ganization engages in the activities 

3 described in subclauses (I) through 

4 (VI) of clause (iv); or 

5 ‘‘(III) that is a group of two or 

6 more individuals, whether organized 

7 or not, which engages in, or has a 

8 subgroup which engages in, the activi9 ties described in subclauses (I) 

10 through (VI) of clause (iv).’’. 

11 (d) EFFECTIVE DATE.—The amendments made by 

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

13 of this division, and these amendments, and section 

14 212(a)(3)(B) of the Immigration and Nationality Act (8 

15 U.S.C. 1182(a)(3)(B)), as amended by this section, shall 

16 apply to—

17 (1) removal proceedings instituted before, on, or 

18 after the date of the enactment of this division; and 

19 (2) acts and conditions constituting a ground 

20 for inadmissibility, excludability, deportation, or re21 moval occurring or existing before, on, or after such 

22 date. 

23 SEC. 104. REMOVAL OF TERRORISTS. 

24 (a) IN GENERAL.—
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1 (1) IN GENERAL.—Section 237(a)(4)(B) of the 

2 Immigration and Nationality Act (8 U.S.C. 

3 1227(a)(4)(B)) is amended to read as follows: 

4 ‘‘(B) TERRORIST ACTIVITIES.—Any alien 

5 who is described in subparagraph (B) or (F) of 

6 section 212(a)(3) is deportable.’’. 

7 (2) EFFECTIVE DATE.—The amendment made 

8 by paragraph (1) shall take effect on the date of the 

9 enactment of this division, and the amendment, and 

10 section 237(a)(4)(B) of the Immigration and Na11 tionality Act (8 U.S.C. 1227(a)(4)(B)), as amended 

12 by such paragraph, shall apply to—

13 (A) removal proceedings instituted before, 

14 on, or after the date of the enactment of this 

15 division; and 

16 (B) acts and conditions constituting a 

17 ground for inadmissibility, excludability, depor18 tation, or removal occurring or existing before, 

19 on, or after such date. 

20 (b) REPEAL.—Effective as of the date of the enact21 ment of the Intelligence Reform and Terrorism Prevention 

22 Act of 2004 (Public Law 108–458), section 5402 of such 

23 Act is repealed, and the Immigration and Nationality Act 

24 shall be applied as if such section had not been enacted. 
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1 SEC. 105. JUDICIAL REVIEW OF ORDERS OF REMOVAL. 

2 (a) IN GENERAL.—Section 242 of the Immigration 

3 and Nationality Act (8 U.S.C. 1252) is amended—

4 (1) in subsection (a)—

5 (A) in paragraph (2)—

6 (i) in subparagraph (A), by inserting 

7 ‘‘(statutory or nonstatutory), including sec8 tion 2241 of title 28, United States Code, 

9 or any other habeas corpus provision, and 

10 sections 1361 and 1651 of such title’’ after 

11 ‘‘Notwithstanding any other provision of 

12 law’’; 

13 (ii) in each of subparagraphs (B) and 

14 (C), by inserting ‘‘(statutory or nonstatu15 tory), including section 2241 of title 28, 

16 United States Code, or any other habeas 

17 corpus provision, and sections 1361 and 

18 1651 of such title, and except as provided 

19 in subparagraph (D)’’ after ‘‘Notwith20 standing any other provision of law’’; and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(D) JUDICIAL REVIEW OF CERTAIN

24 LEGAL CLAIMS.—Nothing in subparagraph (B) 

25 or (C), or in any other provision of this Act 

26 which limits or eliminates judicial review, shall 
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1 be construed as precluding review of constitu2 tional claims or pure questions of law raised 

3 upon a petition for review filed with an appro4 priate court of appeals in accordance with this 

5 section.’’; and 

6 (B) by adding at the end the following: 

7 ‘‘(4) CLAIMS UNDER THE UNITED NATIONS

8 CONVENTION.—Notwithstanding any other provision 

9 of law (statutory or nonstatutory), including section 

10 2241 of title 28, United States Code, or any other 

11 habeas corpus provision, and sections 1361 and 

12 1651 of such title, a petition for review filed with an 

13 appropriate court of appeals in accordance with this 

14 section shall be the sole and exclusive means for ju15 dicial review of any cause or claim under the United 

16 Nations Convention Against Torture and Other 

17 Forms of Cruel, Inhuman, or Degrading Treatment 

18 or Punishment, except as provided in subsection (e). 

19 ‘‘(5) EXCLUSIVE MEANS OF REVIEW.—Notwith20 standing any other provision of law (statutory or 

21 nonstatutory), including section 2241 of title 28, 

22 United States Code, or any other habeas corpus pro23 vision, and sections 1361 and 1651 of such title, a 

24 petition for review filed with an appropriate court of 

25 appeals in accordance with this section shall be the 
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1 sole and exclusive means for judicial review of an 

2 order of removal entered or issued under any provi3 sion of this Act, except as provided in subsection (e). 

4 For purposes of this Act, in every provision that lim5 its or eliminates judicial review or jurisdiction to re6 view, the terms ‘judicial review’ and ‘jurisdiction to 

7 review’ include habeas corpus review pursuant to 

8 section 2241 of title 28, United States Code, or any 

9 other habeas corpus provision, sections 1361 and 

10 1651 of such title, and review pursuant to any other 

11 provision of law (statutory or nonstatutory).’’; 

12 (2) in subsection (b)—

13 (A) in paragraph (3)(B), by inserting 

14 ‘‘pursuant to subsection (f)’’ after ‘‘unless’’; 

15 and 

16 (B) in paragraph (9), by adding at the end 

17 the following: ‘‘Except as otherwise provided in 

18 this section, no court shall have jurisdiction, by 

19 habeas corpus under section 2241 of title 28, 

20 United States Code, or any other habeas corpus 

21 provision, by section 1361 or 1651 of such title, 

22 or by any other provision of law (statutory or 

23 nonstatutory), to review such an order or such 

24 questions of law or fact.’’; and 
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1 (3) in subsection (g), by inserting ‘‘(statutory 

2 or nonstatutory), including section 2241 of title 28, 

3 United States Code, or any other habeas corpus pro4 vision, and sections 1361 and 1651 of such title’’ 

5 after ‘‘notwithstanding any other provision of law’’. 

6 (b) EFFECTIVE DATE.—The amendments made by 

7 subsection (a) shall take effect upon the date of the enact8 ment of this division and shall apply to cases in which 

9 the final administrative order of removal, deportation, or 

10 exclusion was issued before, on, or after the date of the 

11 enactment of this division. 

12 (c) TRANSFER OF CASES.—If an alien’s case, brought 

13 under section 2241 of title 28, United States Code, and 

14 challenging a final administrative order of removal, depor15 tation, or exclusion, is pending in a district court on the 

16 date of the enactment of this division, then the district 

17 court shall transfer the case (or the part of the case that 

18 challenges the order of removal, deportation, or exclusion) 

19 to the court of appeals for the circuit in which a petition 

20 for review could have been properly filed under section 

21 242(b)(2) of the Immigration and Nationality Act (8 

22 U.S.C. 1252), as amended by this section, or under section 

23 309(c)(4)(D) of the Illegal Immigration Reform and Im24 migrant Responsibility Act of 1996 (8 U.S.C. 1101 note). 

25 The court of appeals shall treat the transferred case as 
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1 if it had been filed pursuant to a petition for review under 

2 such section 242, except that subsection (b)(1) of such 

3 section shall not apply. 

4 (d) TRANSITIONAL RULE CASES.—A petition for re5 view filed under former section 106(a) of the Immigration 

6 and Nationality Act (as in effect before its repeal by sec7 tion 306(b) of the Illegal Immigration Reform and Immi8 grant Responsibility Act of 1996 (8 U.S.C. 1252 note)) 

9 shall be treated as if it had been filed as a petition for 

10 review under section 242 of the Immigration and Nation11 ality Act (8 U.S.C. 1252), as amended by this section. 

12 Notwithstanding any other provision of law (statutory or 

13 nonstatutory), including section 2241 of title 28, United 

14 States Code, or any other habeas corpus provision, and 

15 sections 1361 and 1651 of such title, such petition for re16 view shall be the sole and exclusive means for judicial re17 view of an order of deportation or exclusion. 

18 SEC. 106. DELIVERY BONDS. 

19 (a) DEFINITIONS.—For purposes of this section: 

20 (1) DELIVERY BOND.—The term ‘‘delivery 

21 bond’’ means a written suretyship undertaking for 

22 the surrender of an individual against whom the De23 partment of Homeland Security has issued an order 

24 to show cause or a notice to appear, the performance 
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1 of which is guaranteed by an acceptable surety on 

2 Federal bonds. 

3 (2) PRINCIPAL.—The term ‘‘principal’’ means 

4 an individual who is the subject of a bond. 

5 (3) SURETYSHIP UNDERTAKING.—The term 

6 ‘‘suretyship undertaking’’ means a written agree7 ment, executed by a bonding agent on behalf of a 

8 surety, which binds all parties to its certain terms 

9 and conditions and which provides obligations for 

10 the principal and the surety while under the bond 

11 and penalties for forfeiture to ensure the obligations 

12 of the principal and the surety under the agreement. 

13 (4) BONDING AGENT.—The term ‘‘bonding 

14 agent’’ means any individual properly licensed, ap15 proved, and appointed by power of attorney to exe16 cute or countersign surety bonds in connection with 

17 any matter governed by the Immigration and Na18 tionality Act as amended (8 U.S.C. 1101, et seq.), 

19 and who receives a premium for executing or 

20 countersigning such surety bonds. 

21 (5) SURETY.—The term ‘‘surety’’ means an en22 tity, as defined by, and that is in compliance with, 

23 sections 9304 through 9308 of title 31, United 

24 States Code, that agrees—
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1 (A) to guarantee the performance, where 

2 appropriate, of the principal under a bond; 

3 (B) to perform the bond as required; and 

4 (C) to pay the face amount of the bond as 

5 a penalty for failure to perform. 

6 (b) VALIDITY, AGENT NOT CO-OBLIGOR, EXPIRA7 TION, RENEWAL, AND CANCELLATION OF BONDS.—

8 (1) VALIDITY.—Delivery bond undertakings are 

9 valid if such bonds—

10 (A) state the full, correct, and proper 

11 name of the alien principal; 

12 (B) state the amount of the bond; 

13 (C) are guaranteed by a surety and 

14 countersigned by an agent who is properly ap15 pointed; 

16 (D) bond documents are properly executed; 

17 and 

18 (E) relevant bond documents are properly 

19 filed with the Secretary of Homeland Security. 

20 (2) BONDING AGENT NOT CO-OBLIGOR, PARTY, 

21 OR GUARANTOR IN INDIVIDUAL CAPACITY, AND NO

22 REFUSAL IF ACCEPTABLE SURETY.—Section 

23 9304(b) of title 31, United States Code, is amended 

24 by adding at the end the following: ‘‘Notwith25 standing any other provision of law, no bonding 
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1 agent of a corporate surety shall be required to exe2 cute bonds as a co-obligor, party, or guarantor in an 

3 individual capacity on bonds provided by the cor4 porate surety, nor shall a corporate surety bond be 

5 refused if the corporate surety appears on the cur6 rent Treasury Department Circular 570 as a com7 pany holding a certificate of authority as an accept8 able surety on Federal bonds and attached to the 

9 bond is a currently valid instrument showing the au10 thority of the bonding agent of the surety company 

11 to execute the bond.’’. 

12 (3) EXPIRATION.—A delivery bond undertaking 

13 shall expire at the earliest of—

14 (A) 1 year from the date of issue; 

15 (B) at the cancellation of the bond or sur16 render of the principal; or 

17 (C) immediately upon nonpayment of the 

18 renewal premium. 

19 (4) RENEWAL.—Delivery bonds may be re20 newed annually, with payment of proper premium to 

21 the surety, if there has been no breach of conditions, 

22 default, claim, or forfeiture of the bond. Notwith23 standing any renewal, when the alien is surrendered 

24 to the Secretary of Homeland Security for removal, 

25 the Secretary shall cause the bond to be canceled. 
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1 (5) CANCELLATION.—Delivery bonds shall be 

2 canceled and the surety exonerated—

3 (A) for nonrenewal after the alien has been 

4 surrendered to the Department of Homeland 

5 Security for removal; 

6 (B) if the surety or bonding agent provides 

7 reasonable evidence that there was misrepresen8 tation or fraud in the application for the bond; 

9 (C) upon the death or incarceration of the 

10 principal, or the inability of the surety to 

11 produce the principal for medical reasons; 

12 (D) if the principal is detained by any law 

13 enforcement agency of any State, county, city, 

14 or any politial subdivision thereof; 

15 (E) if it can be established that the alien 

16 departed the United States of America for any 

17 reason without permission of the Secretary of 

18 Homeland Security, the surety, or the bonding 

19 agent; 

20 (F) if the foreign state of which the prin21 cipal is a national is designated pursuant to 

22 section 244 of the Act (8 U.S.C. 1254a) after 

23 the bond is posted; or 
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1 (G) if the principal is surrendered to the 

2 Department of Homeland Security, removal by 

3 the surety or the bonding agent. 

4 (6) SURRENDER OF PRINCIPAL; FORFEITURE

5 OF BOND PREMIUM.—

6 (A) SURRENDER.—At any time, before a 

7 breach of any of the bond conditions, if in the 

8 opinion of the surety or bonding agent, the 

9 principal becomes a flight risk, the principal 

10 may be surrendered to the Department of 

11 Homeland Security for removal. 

12 (B) FORFEITURE OF BOND PREMIUM.—A 

13 principal may be surrendered without the re14 turn of any bond premium if the principal—

15 (i) changes address without notifying 

16 the surety, the bonding agent, and the Sec17 retary of Homeland Security in writing 

18 prior to such change; 

19 (ii) hides or is concealed from a sur20 ety, a bonding agent, or the Secretary; 

21 (iii) fails to report to the Secretary as 

22 required at least annually; or 

23 (iv) violates the contract with the 

24 bonding agent or surety, commits any act 

25 that may lead to a breach of the bond, or 
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1 otherwise violates any other obligation or 

2 condition of the bond established by the 

3 Secretary. 

4 (7) CERTIFIED COPY OF BOND AND ARREST

5 WARRANT TO ACCOMPANY SURRENDER.—

6 (A) IN GENERAL.—A bonding agent or 

7 surety desiring to surrender the principal—

8 (i) shall have the right to petition the 

9 Secretary of Homeland Security or any 

10 Federal court, without having to pay any 

11 fees or court costs, for an arrest warrant 

12 for the arrest of the principal; 

13 (ii) shall forthwith be provided 2 cer14 tified copies each of the arrest warrant and 

15 the bond undertaking, without having to 

16 pay any fees or courts costs; and 

17 (iii) shall have the right to pursue, ap18 prehend, detain, and surrender the prin19 cipal, together with certified copies of the 

20 arrest warrant and the bond undertaking, 

21 to any Department of Homeland Security 

22 detention official or Department detention 

23 facility or any detention facility authorized 

24 to hold Federal detainees. 
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1 (B) EFFECTS OF DELIVERY.—Upon sur2 render of a principal under subparagraph 

3 (A)(iii)—

4 (i) the official to whom the principal 

5 is surrendered shall detain the principal in 

6 custody and issue a written certificate of 

7 surrender; and 

8 (ii) the Secretary of Homeland Secu9 rity shall immediately exonerate the surety 

10 from any further liability on the bond. 

11 (8) FORM OF BOND.—Delivery bonds shall in 

12 all cases state the following and be secured by a cor13 porate surety that is certified as an acceptable sur14 ety on Federal bonds and whose name appears on 

15 the current Treasury Department Circular 570: 

16 ‘‘(A) BREACH OF BOND; PROCEDURE, FOR17 FEITURE, NOTICE.—

18 ‘‘(i) If a principal violates any condi19 tions of the delivery bond, or the principal 

20 is or becomes subject to a final administra21 tive order of deportation or removal, the 

22 Secretary of Homeland Security shall—

23 ‘‘(I) immediately issue a warrant 

24 for the principal’s arrest and enter 

25 that arrest warrant into the National 
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1 Crime Information Center (NCIC) 

2 computerized information database; 

3 ‘‘(II) order the bonding agent 

4 and surety to take the principal into 

5 custody and surrender the principal to 

6 any one of 10 designated Department 

7 of Homeland Security ‘turn-in’ cen8 ters located nationwide in the areas of 

9 greatest need, at any time of day dur10 ing 15 months after mailing the ar11 rest warrant and the order to the 

12 bonding agent and the surety as re13 quired by subclause (III), and imme14 diately enter that order into the Na15 tional Crime Information Center 

16 (NCIC) computerized information 

17 database; and 

18 ‘‘(III) mail 2 certified copies each 

19 of the arrest warrant issued pursuant 

20 to subclause (I) and 2 certified copies 

21 each of the order issued pursuant to 

22 subclause (II) to only the bonding 

23 agent and surety via certified mail re24 turn receipt to their last known ad25 dresses. 
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1 ‘‘(ii) Bonding agents and sureties 

2 shall immediately notify the Secretary of 

3 Homeland Security of their changes of ad4 dress and/or telephone numbers. 

5 ‘‘(iii) The Secretary of Homeland Se6 curity shall establish, disseminate to bond7 ing agents and sureties, and maintain on a 

8 current basis a secure nationwide toll-free 

9 list of telephone numbers of Department of 

10 Homeland Security officials, including the 

11 names of such officials, that bonding 

12 agents, sureties, and their employees may 

13 immediately contact at any time to discuss 

14 and resolve any issue regarding any prin15 cipal or bond, to be known as ‘Points of 

16 Contact’. 

17 ‘‘(iv) A bonding agent or surety shall 

18 have full and complete access, free of 

19 charge, to any and all information, elec20 tronic or otherwise, in the care, custody, 

21 and control of the United States Govern22 ment or any State or local government or 

23 any subsidiary or police agency thereof re24 garding the principal that may be helpful 

25 in complying with section 105 of the 
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1 REAL ID Act of 2005 that the Secretary 

2 of Homeland Security, by regulations sub3 ject to approval by Congress, determines 

4 may be helpful in locating or surrendering 

5 the principal. Beyond the principal, a 

6 bonding agent or surety shall not be re7 quired to disclose any information, includ8 ing but not limited to the arrest warrant 

9 and order, received from any governmental 

10 source, any person, firm, corporation, or 

11 other entity. 

12 ‘‘(v) If the principal is later arrested, 

13 detained, or otherwise located outside the 

14 United States and the outlying possessions 

15 of the United States (as defined in section 

16 101(a) of the Immigration and Nationality 

17 Act), the Secretary of Homeland Security 

18 shall—

19 ‘‘(I) immediately order that the 

20 surety is completely exonerated, and 

21 the bond canceled; and 

22 ‘‘(II) if the Secretary of Home23 land Security has issued an order 

24 under clause (i), the surety may re25 quest, by written, properly filed mo-
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1 tion, reinstatement of the bond. This 

2 subclause may not be construed to 

3 prevent the Secretary of Homeland 

4 Security from revoking or resetting a 

5 bond at a higher amount. 

6 ‘‘(vi) The bonding agent or surety 

7 must—

8 ‘‘(I) during the 15 months after 

9 the date the arrest warrant and order 

10 were mailed pursuant to clause 

11 (i)(III) surrender the principal one 

12 time; or 

13 ‘‘(II)(aa) provide reasonable evi14 dence that producing the principal 

15 was prevented—

16 ‘‘(aaa) by the principal’s ill17 ness or death; 

18 ‘‘(bbb) because the principal 

19 is detained in custody in any city, 

20 State, country, or any political 

21 subdivision thereof; 

22 ‘‘(ccc) because the principal 

23 has left the United States or its 

24 outlying possessions (as defined 

25 in section 101(a) of the Immigra-
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1 tion and Nationality Act (8 

2 U.S.C. 1101(a)); or 

3 ‘‘(ddd) because required no4 tice was not given to the bonding 

5 agent or surety; and 

6 ‘‘(bb) establish by affidavit that 

7 the inability to produce the principal 

8 was not with the consent or conniv9 ance of the bonding agent or surety. 

10 ‘‘(vii) If compliance occurs more than 

11 15 months but no more than 18 months 

12 after the mailing of the arrest warrant and 

13 order to the bonding agent and the surety 

14 required under clause (i)(III), an amount 

15 equal to 25 percent of the face amount of 

16 the bond shall be assessed as a penalty 

17 against the surety. 

18 ‘‘(viii) If compliance occurs more than 

19 18 months but no more than 21 months 

20 after the mailing of the arrest warrant and 

21 order to the bonding agent and the surety 

22 required under clause (i)(III), an amount 

23 equal to 50 percent of the face amount of 

24 the bond shall be assessed as a penalty 

25 against the surety. 
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1 ‘‘(ix) If compliance occurs more than 

2 21 months but no more than 24 months 

3 after the mailing of the arrest warrant and 

4 order to the bonding agent and the surety 

5 required under clause (i)(III), an amount 

6 equal to 75 percent of the face amount of 

7 the bond shall be assessed as a penalty 

8 against the surety. 

9 ‘‘(x) If compliance occurs 24 months 

10 or more after the mailing of the arrest 

11 warrant and order to the bonding agent 

12 and the surety required under clause 

13 (i)(III), an amount equal to 100 percent of 

14 the face amount of the bond shall be as15 sessed as a penalty against the surety. 

16 ‘‘(xi) If any surety surrenders any 

17 principal to the Secretary of Homeland Se18 curity at any time and place after the pe19 riod for compliance has passed, the Sec20 retary of Homeland Security shall cause to 

21 be issued to that surety an amount equal 

22 to 50 percent of the face amount of the 

23 bond: Provided, however, That if that sur24 ety owes any penalties on bonds to the 

25 United States, the amount that surety 
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1 would otherwise receive shall be offset by 

2 and applied as a credit against the amount 

3 of penalties on bonds it owes the United 

4 States, and then that surety shall receive 

5 the remainder of the amount to which it is 

6 entitled under this subparagraph, if any. 

7 ‘‘(xii) All penalties assessed against a 

8 surety on a bond, if any, shall be paid by 

9 the surety no more than 27 months after 

10 the mailing of the arrest warrant and 

11 order to the bonding agent and the surety 

12 required under clause (i)(III). 

13 ‘‘(B) The Secretary of Homeland Security 

14 may waive penalties or extend the period for 

15 payment or both, if—

16 ‘‘(i) a written request is filed with the 

17 Secretary of Homeland Security; and 

18 ‘‘(ii) the bonding agent or surety pro19 vides an affidavit that diligent efforts were 

20 made to effect compliance of the principal. 

21 ‘‘(C) COMPLIANCE; EXONERATION; LIMITA22 TION OF LIABILITY.—

23 ‘‘(i) COMPLIANCE.—A bonding agent 

24 or surety shall have the absolute right to 

25 locate, apprehend, arrest, detain, and sur-
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1 render any principal, wherever he or she 

2 may be found, who violates any of the 

3 terms and conditions of his or her bond. 

4 ‘‘(ii) EXONERATION.—Upon satisfying 

5 any of the requirements of the bond, the 

6 surety shall be completely exonerated. 

7 ‘‘(iii) LIMITATION OF LIABILITY.—

8 Notwithstanding any other provision of 

9 law, the total liability on any surety under10 taking shall not exceed the face amount of 

11 the bond.’’. 

12 (c) EFFECTIVE DATE.—The provisions of this section 

13 shall take effect on the date of the enactment of this divi14 sion and shall apply to bonds and surety undertakings exe15 cuted before, on, or after the date of the enactment of 

16 this division. 

17 SEC. 107. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS. 

18 (a) IN GENERAL.—Section 236(a)(2) of the Immi19 gration and Nationality Act (8 U.S.C. 1226(a)(2)) is 

20 amended to read as follows: 

21 ‘‘(2) subject to such reasonable regulations as 

22 the Secretary of Homeland Security may prescribe, 

23 shall permit agents, servants, and employees of cor24 porate sureties to visit in person with individuals de25 tained by the Secretary of and, subject to section 
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1 241(a)(8), may release the alien on a delivery bond 

2 of at least $10,000, with security approved by the 

3 Secretary, and containing conditions and procedures 

4 prescribed by section 105 of the REAL ID Act of 

5 2005 and by the Secretary, but the Secretary shall 

6 not release the alien on or to his own recognizance 

7 unless an order of an immigration judge expressly 

8 finds and states in a signed order to release the 

9 alien to his own recognizance that the alien is not 

10 a flight risk and is not a threat to the United 

11 States’’. 

12 (b) REPEAL.—Section 286(r) of the Immigration and 

13 Nationality Act (8 U.S.C. 1356(r)) is repealed. 

14 (c) EFFECTIVE DATE.—The amendment made by 

15 subsection (a) shall take effect on the date of the enact16 ment of this division. 

17 SEC. 108. DETENTION OF ALIENS DELIVERED BY BONDS18 MEN. 

19 (a) IN GENERAL.—Section 241(a) of the Immigra20 tion and Nationality Act (8 U.S.C. 1231(a)) is amended 

21 by adding at the end the following: 

22 ‘‘(8) EFFECT OF PRODUCTION OF ALIEN BY

23 BONDSMAN.—Notwithstanding any other provision 

24 of law, the Secretary of Homeland Security shall 

25 take into custody any alien subject to a final order 
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1 of removal, and cancel any bond previously posted 

2 for the alien, if the alien is produced within the pre3 scribed time limit by the obligor on the bond wheth4 er or not the Department of Homeland Security ac5 cepts custody of the alien. The obligor on the bond 

6 shall be deemed to have substantially performed all 

7 conditions imposed by the terms of the bond, and 

8 shall be released from liability on the bond, if the 

9 alien is produced within such time limit.’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall take effect on the date of the enact12 ment of this division and shall apply to all immigration 

13 bonds posted before, on, or after such date. 

14 TITLE II—IMPROVED SECURITY 

15 FOR DRIVERS’ LICENSES AND 

16 PERSONAL IDENTIFICATION 

17 CARDS 

18 SEC. 201. DEFINITIONS. 

19 In this title, the following definitions apply: 

20 (1) DRIVER’S LICENSE.—The term ‘‘driver’s li21 cense’’ means a motor vehicle operator’s license, as 

22 defined in section 30301 of title 49, United States 

23 Code. 

24 (2) IDENTIFICATION CARD.—The term ‘‘identi25 fication card’’ means a personal identification card, 
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1 as defined in section 1028(d) of title 18, United 

2 States Code, issued by a State. 

3 (3) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Homeland Security. 

5 (4) STATE.—The term ‘‘State’’ means a State 

6 of the United States, the District of Columbia, Puer7 to Rico, the Virgin Islands, Guam, American Samoa, 

8 the Northern Mariana Islands, the Trust Territory 

9 of the Pacific Islands, and any other territory or 

10 possession of the United States. 

11 SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND 

12 ISSUANCE STANDARDS FOR FEDERAL REC13 OGNITION. 

14 (a) MINIMUM STANDARDS FOR FEDERAL USE.—

15 (1) IN GENERAL.—Beginning 3 years after the 

16 date of the enactment of this division, a Federal 

17 agency may not accept, for any official purpose, a 

18 driver’s license or identification card issued by a 

19 State to any person unless the State is meeting the 

20 requirements of this section. 

21 (2) STATE CERTIFICATIONS.—The Secretary 

22 shall determine whether a State is meeting the re23 quirements of this section based on certifications 

24 made by the State to the Secretary of Transpor25 tation. Such certifications shall be made at such 
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1 times and in such manner as the Secretary of 

2 Transportation, in consultation with the Secretary of 

3 Homeland Security, may prescribe by regulation. 

4 (b) MINIMUM DOCUMENT REQUIREMENTS.—To meet 

5 the requirements of this section, a State shall include, at 

6 a minimum, the following information and features on 

7 each driver’s license and identification card issued to a 

8 person by the State: 

9 (1) The person’s full legal name. 

10 (2) The person’s date of birth. 

11 (3) The person’s gender. 

12 (4) The person’s driver’s license or identifica13 tion card number. 

14 (5) A digital photograph of the person. 

15 (6) The person’s address of principle residence. 

16 (7) The person’s signature. 

17 (8) Physical security features designed to pre18 vent tampering, counterfeiting, or duplication of the 

19 document for fraudulent purposes. 

20 (9) A common machine-readable technology, 

21 with defined minimum data elements. 

22 (c) MINIMUM ISSUANCE STANDARDS.—

23 (1) IN GENERAL.—To meet the requirements of 

24 this section, a State shall require, at a minimum, 

25 presentation and verification of the following infor-
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1 mation before issuing a driver’s license or identifica2 tion card to a person: 

3 (A) A photo identity document, except that 

4 a non-photo identity document is acceptable if 

5 it includes both the person’s full legal name and 

6 date of birth. 

7 (B) Documentation showing the person’s 

8 date of birth. 

9 (C) Proof of the person’s social security 

10 account number or verification that the person 

11 is not eligible for a social security account num12 ber. 

13 (D) Documentation showing the person’s 

14 name and address of principal residence. 

15 (2) SPECIAL REQUIREMENTS.—

16 (A) IN GENERAL.—To meet the require17 ments of this section, a State shall comply with 

18 the minimum standards of this paragraph. 

19 (B) EVIDENCE OF LAWFUL STATUS.—A 

20 State shall require, before issuing a driver’s li21 cense or identification card to a person, valid 

22 documentary evidence that the person—

23 (i) is a citizen of the United States; 
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1 (ii) is an alien lawfully admitted for 

2 permanent or temporary residence in the 

3 United States; 

4 (iii) has conditional permanent resi5 dent status in the United States; 

6 (iv) has an approved application for 

7 asylum in the United States or has entered 

8 into the United States in refugee status; 

9 (v) has a valid, unexpired non10 immigrant visa or nonimmigrant visa sta11 tus for entry into the United States; 

12 (vi) has a pending application for asy13 lum in the United States; 

14 (vii) has a pending or approved appli15 cation for temporary protected status in 

16 the United States; 

17 (viii) has approved deferred action 

18 status; or 

19 (ix) has a pending application for ad20 justment of status to that of an alien law21 fully admitted for permanent residence in 

22 the United States or conditional perma23 nent resident status in the United States. 

24 (C) TEMPORARY DRIVERS’ LICENSES AND

25 IDENTIFICATION CARDS.—
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1 (i) IN GENERAL.—If a person pre2 sents evidence under any of clauses (v) 

3 through (ix) of subparagraph (B), the 

4 State may only issue a temporary driver’s 

5 license or temporary identification card to 

6 the person. 

7 (ii) EXPIRATION DATE.—A temporary 

8 driver’s license or temporary identification 

9 card issued pursuant to this subparagraph 

10 shall be valid only during the period of 

11 time of the applicant’s authorized stay in 

12 the United States or, if there is no definite 

13 end to the period of authorized stay, a pe14 riod of one year. 

15 (iii) DISPLAY OF EXPIRATION

16 DATE.—A temporary driver’s license or 

17 temporary identification card issued pursu18 ant to this subparagraph shall clearly indi19 cate that it is temporary and shall state 

20 the date on which it expires. 

21 (iv) RENEWAL.—A temporary driver’s 

22 license or temporary identification card 

23 issued pursuant to this subparagraph may 

24 be renewed only upon presentation of valid 

25 documentary evidence that the status by 
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1 which the applicant qualified for the tem2 porary driver’s license or temporary identi3 fication card has been extended by the Sec4 retary of Homeland Security. 

5 (3) VERIFICATION OF DOCUMENTS.—To meet 

6 the requirements of this section, a State shall imple7 ment the following procedures: 

8 (A) Before issuing a driver’s license or 

9 identification card to a person, the State shall 

10 verify, with the issuing agency, the issuance, va11 lidity, and completeness of each document re12 quired to be presented by the person under 

13 paragraph (1) or (2). 

14 (B) The State shall not accept any foreign 

15 document, other than an official passport, to 

16 satisfy a requirement of paragraph (1) or (2). 

17 (C) Not later than September 11, 2005, 

18 the State shall enter into a memorandum of un19 derstanding with the Secretary of Homeland 

20 Security to routinely utilize the automated sys21 tem known as Systematic Alien Verification for 

22 Entitlements, as provided for by section 404 of 

23 the Illegal Immigration Reform and Immigrant 

24 Responsibility Act of 1996 (110 Stat. 3009–

25 664), to verify the legal presence status of a 
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1 person, other than a United States citizen, ap2 plying for a driver’s license or identification 

3 card. 

4 (d) OTHER REQUIREMENTS.—To meet the require5 ments of this section, a State shall adopt the following 

6 practices in the issuance of drivers’ licenses and identifica7 tion cards: 

8 (1) Employ technology to capture digital images 

9 of identity source documents so that the images can 

10 be retained in electronic storage in a transferable 

11 format. 

12 (2) Retain paper copies of source documents for 

13 a minimum of 7 years or images of source docu14 ments presented for a minimum of 10 years. 

15 (3) Subject each person applying for a driver’s 

16 license or identification card to mandatory facial 

17 image capture. 

18 (4) Establish an effective procedure to confirm 

19 or verify a renewing applicant’s information. 

20 (5) Confirm with the Social Security Adminis21 tration a social security account number presented 

22 by a person using the full social security account 

23 number. In the event that a social security account 

24 number is already registered to or associated with 

25 another person to which any State has issued a driv-
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1 er’s license or identification card, the State shall re2 solve the discrepancy and take appropriate action. 

3 (6) Refuse to issue a driver’s license or identi4 fication card to a person holding a driver’s license 

5 issued by another State without confirmation that 

6 the person is terminating or has terminated the driv7 er’s license. 

8 (7) Ensure the physical security of locations 

9 where drivers’ licenses and identification cards are 

10 produced and the security of document materials 

11 and papers from which drivers’ licenses and identi12 fication cards are produced. 

13 (8) Subject all persons authorized to manufac14 ture or produce drivers’ licenses and identification 

15 cards to appropriate security clearance requirements. 

16 (9) Establish fraudulent document recognition 

17 training programs for appropriate employees en18 gaged in the issuance of drivers’ licenses and identi19 fication cards. 

20 (10) Limit the period of validity of all driver’s 

21 licenses and identification cards that are not tem22 porary to a period that does not exceed 8 years. 

23 SEC. 203. LINKING OF DATABASES. 

24 (a) IN GENERAL.—To be eligible to receive any grant 

25 or other type of financial assistance made available under 
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1 this title, a State shall participate in the interstate com2 pact regarding sharing of driver license data, known as 

3 the ‘‘Driver License Agreement’’, in order to provide elec4 tronic access by a State to information contained in the 

5 motor vehicle databases of all other States. 

6 (b) REQUIREMENTS FOR INFORMATION.—A State 

7 motor vehicle database shall contain, at a minimum, the 

8 following information: 

9 (1) All data fields printed on drivers’ licenses 

10 and identification cards issued by the State. 

11 (2) Motor vehicle drivers’ histories, including 

12 motor vehicle violations, suspensions, and points on 

13 licenses. 

14 SEC. 204. TRAFFICKING IN AUTHENTICATION FEATURES 

15 FOR USE IN FALSE IDENTIFICATION DOCU16 MENTS. 

17 (a) CRIMINAL PENALTY.—Section 1028(a)(8) of title 

18 18, United States Code, is amended by striking ‘‘false au19 thentication features’’ and inserting ‘‘false or actual au20 thentication features’’. 

21 (b) USE OF FALSE DRIVER’S LICENSE AT AIR22 PORTS.—

23 (1) IN GENERAL.—The Secretary shall enter, 

24 into the appropriate aviation security screening 

25 database, appropriate information regarding any 
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1 person convicted of using a false driver’s license at 

2 an airport (as such term is defined in section 40102 

3 of title 49, United States Code). 

4 (2) FALSE DEFINED.—In this subsection, the 

5 term ‘‘false’’ has the same meaning such term has 

6 under section 1028(d) of title 18, United States 

7 Code. 

8 SEC. 205. GRANTS TO STATES. 

9 (a) IN GENERAL.—The Secretary may make grants 

10 to a State to assist the State in conforming to the min11 imum standards set forth in this title. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Secretary for 

14 each of the fiscal years 2005 through 2009 such sums as 

15 may be necessary to carry out this title. 

16 SEC. 206. AUTHORITY. 

17 (a) PARTICIPATION OF SECRETARY OF TRANSPOR18 TATION AND STATES.—All authority to issue regulations, 

19 set standards, and issue grants under this title shall be 

20 carried out by the Secretary, in consultation with the Sec21 retary of Transportation and the States. 

22 (b) COMPLIANCE WITH STANDARDS.—All authority 

23 to certify compliance with standards under this title shall 

24 be carried out by the Secretary of Transportation, in con-
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1 sultation with the Secretary of Homeland Security and the 

2 States. 

3 (c) EXTENSIONS OF DEADLINES.—The Secretary 

4 may grant to a State an extension of time to meet the 

5 requirements of section 202(a)(1) if the State provides 

6 adequate justification for noncompliance. 

7 SEC. 207. REPEAL. 

8 Section 7212 of the Intelligence Reform and Ter9 rorism Prevention Act of 2004 (Public Law 108–458) is 

10 repealed. 

11 SEC. 208. LIMITATION ON STATUTORY CONSTRUCTION. 

12 Nothing in this title shall be construed to affect the 

13 authorities or responsibilities of the Secretary of Trans14 portation or the States under chapter 303 of title 49, 

15 United States Code. 

16 TITLE III—BORDER INFRA17 STRUCTURE AND TECH18 NOLOGY INTEGRATION 

19 SEC. 301. VULNERABILITY AND THREAT ASSESSMENT. 

20 (a) STUDY.—The Under Secretary of Homeland Se21 curity for Border and Transportation Security, in con22 sultation with the Under Secretary of Homeland Security 

23 for Science and Technology and the Under Secretary of 

24 Homeland Security for Information Analysis and Infra25 structure Protection, shall study the technology, equip-
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1 ment, and personnel needed to address security 

2 vulnerabilities within the United States for each field of3 fice of the Bureau of Customs and Border Protection that 

4 has responsibility for any portion of the United States bor5 ders with Canada and Mexico. The Under Secretary shall 

6 conduct follow-up studies at least once every 5 years. 

7 (b) REPORT TO CONGRESS.—The Under Secretary 

8 shall submit a report to Congress on the Under Sec9 retary’s findings and conclusions from each study con10 ducted under subsection (a) together with legislative rec11 ommendations, as appropriate, for addressing any security 

12 vulnerabilities found by the study. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to the Department of 

15 Homeland Security Directorate of Border and Transpor16 tation Security such sums as may be necessary for fiscal 

17 years 2006 through 2011 to carry out any such rec18 ommendations from the first study conducted under sub19 section (a). 

20 SEC. 302. USE OF GROUND SURVEILLANCE TECHNOLOGIES 

21 FOR BORDER SECURITY. 

22 (a) PILOT PROGRAM.—Not later than 180 days after 

23 the date of the enactment of this division, the Under Sec24 retary of Homeland Security for Science and Technology, 

25 in consultation with the Under Secretary of Homeland Se-
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1 curity for Border and Transportation Security, the Under 

2 Secretary of Homeland Security for Information Analysis 

3 and Infrastructure Protection, and the Secretary of De4 fense, shall develop a pilot program to utilize, or increase 

5 the utilization of, ground surveillance technologies to en6 hance the border security of the United States. In devel7 oping the program, the Under Secretary shall—

8 (1) consider various current and proposed 

9 ground surveillance technologies that could be uti10 lized to enhance the border security of the United 

11 States; 

12 (2) assess the threats to the border security of 

13 the United States that could be addressed by the 

14 utilization of such technologies; and 

15 (3) assess the feasibility and advisability of uti16 lizing such technologies to address such threats, in17 cluding an assessment of the technologies considered 

18 best suited to address such threats. 

19 (b) ADDITIONAL REQUIREMENTS.—

20 (1) IN GENERAL.—The pilot program shall in21 clude the utilization of a variety of ground surveil22 lance technologies in a variety of topographies and 

23 areas (including both populated and unpopulated 

24 areas) on both the northern and southern borders of 
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1 the United States in order to evaluate, for a range 

2 of circumstances—

3 (A) the significance of previous experiences 

4 with such technologies in homeland security or 

5 critical infrastructure protection for the utiliza6 tion of such technologies for border security; 

7 (B) the cost, utility, and effectiveness of 

8 such technologies for border security; and 

9 (C) liability, safety, and privacy concerns 

10 relating to the utilization of such technologies 

11 for border security. 

12 (2) TECHNOLOGIES.—The ground surveillance 

13 technologies utilized in the pilot program shall in14 clude the following: 

15 (A) Video camera technology. 

16 (B) Sensor technology. 

17 (C) Motion detection technology. 

18 (c) IMPLEMENTATION.—The Under Secretary of 

19 Homeland Security for Border and Transportation Secu20 rity shall implement the pilot program developed under 

21 this section. 

22 (d) REPORT.—Not later than 1 year after imple23 menting the pilot program under subsection (a), the 

24 Under Secretary shall submit a report on the program to 

25 the Senate Committee on Commerce, Science, and Trans-
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1 portation, the House of Representatives Committee on 

2 Science, the House of Representatives Committee on 

3 Homeland Security, and the House of Representatives 

4 Committee on the Judiciary. The Under Secretary shall 

5 include in the report a description of the program together 

6 with such recommendations as the Under Secretary finds 

7 appropriate, including recommendations for terminating 

8 the program, making the program permanent, or enhanc9 ing the program. 

10 SEC. 303. ENHANCEMENT OF COMMUNICATIONS INTEGRA11 TION AND INFORMATION SHARING ON BOR12 DER SECURITY. 

13 (a) IN GENERAL.—Not later than 180 days after the 

14 date of the enactment of this division, the Secretary of 

15 Homeland Security, acting through the Under Secretary 

16 of Homeland Security for Border and Transportation Se17 curity, in consultation with the Under Secretary of Home18 land Security for Science and Technology, the Under Sec19 retary of Homeland Security for Information Analysis and 

20 Infrastructure Protection, the Assistant Secretary of Com21 merce for Communications and Information, and other ap22 propriate Federal, State, local, and tribal agencies, shall 

23 develop and implement a plan—

24 (1) to improve the communications systems of 

25 the departments and agencies of the Federal Gov-
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1 ernment in order to facilitate the integration of com2 munications among the departments and agencies of 

3 the Federal Government and State, local government 

4 agencies, and Indian tribal agencies on matters re5 lating to border security; and 

6 (2) to enhance information sharing among the 

7 departments and agencies of the Federal Govern8 ment, State and local government agencies, and In9 dian tribal agencies on such matters. 

10 (b) REPORT.—Not later than 1 year after imple11 menting the plan under subsection (a), the Secretary shall 

12 submit a copy of the plan and a report on the plan, includ13 ing any recommendations the Secretary finds appropriate, 

14 to the Senate Committee on Commerce, Science, and 

15 Transportation, the House of Representatives Committee 

16 on Science, the House of Representatives Committee on 

17 Homeland Security, and the House of Representatives 

18 Committee on the Judiciary.

19 That the following sums are appropriated, out of any 

20 money in the Treasury not otherwise appropriated, for the 

21 fiscal year ending September 30, 2005, and for other pur22 poses, namely: 
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1 TITLE I—DEFENSE-RELATED APPROPRIATIONS 

2 CHAPTER 1

3 DEPARTMENT OF DEFENSE—MILITARY 

4 MILITARY PERSONNEL 

5 MILITARY PERSONNEL, ARMY

6 For an additional amount for ‘‘Military Personnel, 

7 Army’’, $13,609,308,000: Provided, That the amount pro8 vided under this heading is designated as an emergency re9 quirement pursuant to section 402 of the conference report 

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

11 MILITARY PERSONNEL, NAVY

12 For an additional amount for ‘‘Military Personnel, 

13 Navy’’, $535,108,000: Provided, That the amount provided 

14 under this heading is designated as an emergency require15 ment pursuant to section 402 of the conference report to 

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

17 MILITARY PERSONNEL, MARINE CORPS

18 For an additional amount for ‘‘Military Personnel, 

19 Marine Corps’’, $1,358,053,000: Provided, That the amount 

20 provided under this heading is designated as an emergency 

21 requirement pursuant to section 402 of the conference report 

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

23 MILITARY PERSONNEL, AIR FORCE

24 For an additional amount for ‘‘Military Personnel, 

25 Air Force’’, $1,684,943,000: Provided, That the amount 
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1 provided under this heading is designated as an emergency 

2 requirement pursuant to section 402 of the conference report 

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

4 RESERVE PERSONNEL, ARMY

5 For an additional amount for ‘‘Reserve Personnel, 

6 Army’’, $39,627,000: Provided, That the amount provided 

7 under this heading is designated as an emergency require8 ment pursuant to section 402 of the conference report to 

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

10 RESERVE PERSONNEL, NAVY

11 For an additional amount for ‘‘Reserve Personnel, 

12 Navy’’, $9,411,000: Provided, That the amount provided 

13 under this heading is designated as an emergency require14 ment pursuant to section 402 of the conference report to 

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

16 RESERVE PERSONNEL, MARINE CORPS

17 For an additional amount for ‘‘Reserve Personnel, Ma18 rine Corps’’, $4,015,000: Provided, That the amount pro19 vided under this heading is designated as an emergency re20 quirement pursuant to section 402 of the conference report 

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

22 RESERVE PERSONNEL, AIR FORCE

23 For an additional amount for ‘‘Reserve Personnel, Air 

24 Force’’, $130,000: Provided, That the amount provided 

25 under this heading is designated as an emergency require-
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1 ment pursuant to section 402 of the conference report to 

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

3 NATIONAL GUARD PERSONNEL, ARMY

4 For an additional amount for ‘‘National Guard Per5 sonnel, Army’’, $291,100,000: Provided, That the amount 

6 provided under this heading is designated as an emergency 

7 requirement pursuant to section 402 of the conference report 

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

9 NATIONAL GUARD PERSONNEL, AIR FORCE

10 For an additional amount for ‘‘National Guard Per11 sonnel, Air Force’’, $91,000: Provided, That the amount 

12 provided under this heading is designated as an emergency 

13 requirement pursuant to section 402 of the conference report 

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

15 OPERATION AND MAINTENANCE 

16 OPERATION AND MAINTENANCE, ARMY

17 For an additional amount for ‘‘Operation and Mainte18 nance, Army’’, $16,767,304,000: Provided, That the amount 

19 provided under this heading is designated as an emergency 

20 requirement pursuant to section 402 of the conference report 

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

22 OPERATION AND MAINTENANCE, NAVY

23 For an additional amount for ‘‘Operation and Mainte24 nance, Navy’’, $3,430,801,000: Provided, That the amount 

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

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

3 OPERATION AND MAINTENANCE, MARINE CORPS

4 For an additional amount for ‘‘Operation and Mainte5 nance, Marine Corps’’, $970,464,000: Provided, That the 

6 amount provided under this heading is designated as an 

7 emergency requirement pursuant to section 402 of the con8 ference report to accompany S. Con. Res. 95 (108th Con9 gress). 

10 OPERATION AND MAINTENANCE, AIR FORCE

11 For an additional amount for ‘‘Operation and Mainte12 nance, Air Force’’, $5,528,574,000: Provided, That the 

13 amount provided under this heading is designated as an 

14 emergency requirement pursuant to section 402 of the con15 ference report to accompany S. Con. Res. 95 (108th Con16 gress). 

17 OPERATION AND MAINTENANCE, DEFENSE-WIDE

18 For an additional amount for ‘‘Operation and Mainte19 nance, Defense-Wide’’, $3,308,392,000, of which—

20 (1) not to exceed $25,000,000 may be used for the 

21 Combatant Commander Initiative Fund, to be used in 

22 support of Operation Iraqi Freedom and Operation 

23 Enduring Freedom; and 

24 (2) up to $1,370,000,000, to remain available 

25 until expended, may be used for payments to reim-
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1 burse Pakistan, Jordan, and other key cooperating 

2 nations, for logistical, military, and other support 

3 provided, or to be provided, to United States military 

4 operations, notwithstanding any other provision of 

5 law: Provided, That such payments may be made in 

6 such amounts as the Secretary of Defense, with the 

7 concurrence of the Secretary of State, and in con8 sultation with the Director of the Office of Manage9 ment and Budget, may determine, in his discretion, 

10 based on documentation determined by the Secretary 

11 of Defense to adequately account for the support pro12 vided, and such determination is final and conclusive 

13 upon the accounting officers of the United States, and 

14 15 days following notification to the appropriate con15 gressional committees: Provided further, That the Sec16 retary of Defense shall provide quarterly reports to 

17 the congressional defense committees on the use of 

18 funds provided in this paragraph: Provided further, 

19 That the amount provided under this heading is des20 ignated as an emergency requirement pursuant to sec21 tion 402 of the conference report to accompany S. 

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

23 OPERATION AND MAINTENANCE, ARMY RESERVE

24 For an additional amount for ‘‘Operation and Mainte25 nance, Army Reserve’’, $21,354,000: Provided, That the 
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1 amount provided under this heading is designated as an 

2 emergency requirement pursuant to section 402 of the con3 ference report to accompany S. Con. Res. 95 (108th Con4 gress). 

5 OPERATION AND MAINTENANCE, NAVY RESERVE

6 For an additional amount for ‘‘Operation and Mainte7 nance, Navy Reserve’’, $75,164,000: Provided, That the 

8 amount provided under this heading is designated as an 

9 emergency requirement pursuant to section 402 of the con10 ference report to accompany S. Con. Res. 95 (108th Con11 gress). 

12 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

13 For an additional amount for ‘‘Operation and Mainte14 nance, Marine Corps Reserve’’, $24,920,000: Provided, That 

15 the amount provided under this heading is designated as 

16 an emergency requirement pursuant to section 402 of the 

17 conference report to accompany S. Con. Res. 95 (108th Con18 gress). 

19 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

20 For an additional amount for ‘‘Operation and Mainte21 nance, Army National Guard’’, $326,879,000: Provided, 

22 That the amount provided under this heading is designated 

23 as an emergency requirement pursuant to section 402 of 

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

25 Congress). 
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1 AFGHANISTAN SECURITY FORCES FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For the ‘‘Afghanistan Security Forces Fund’’, 

4 $1,285,000,000, to remain available until September 30, 

5 2006: Provided, That such funds shall be available to the 

6 Secretary of Defense, notwithstanding any other provision 

7 of law, for the purpose of allowing the Commander, Com8 bined Forces Command—Afghanistan, or the Secretary’s 

9 designee to provide assistance, with the concurrence of the 

10 Secretary of State, to the security forces of Afghanistan in11 cluding the provision of equipment, supplies, services, 

12 training, facility and infrastructure repair, renovation, 

13 and construction: Provided further, That the authority to 

14 provide assistance under this section is in addition to any 

15 other authority to provide assistance to foreign nations: 

16 Provided further, That the Secretary of Defense may trans17 fer the funds provided herein to appropriations for military 

18 personnel; operation and maintenance; Overseas Humani19 tarian, Disaster, and Civic Aid; procurement; research, de20 velopment, test and evaluation; and defense working capital 

21 funds to accomplish the purposes provided herein: Provided 

22 further, That this transfer authority is in addition to any 

23 other transfer authority available to the Department of De24 fense: Provided further, That upon a determination that all 

25 or part of the funds so transferred from this appropriation 
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1 are not necessary for the purposes provided herein, such 

2 amounts may be transferred back to this appropriation: 

3 Provided further, That of the amounts provided under this 

4 heading, $290,000,000 shall be transferred to ‘‘Operation 

5 and Maintenance, Army’’ to reimburse the Department of 

6 the Army for costs incurred to train, equip and provide 

7 related assistance to Afghan security forces: Provided fur8 ther, That contributions of funds for the purposes provided 

9 herein from any person, foreign government, or inter10 national organization may be credited to this Fund, and 

11 used for such purposes: Provided further, That the Secretary 

12 shall notify the congressional defense committees in writing 

13 upon the receipt and upon the transfer of any contribution 

14 delineating the sources and amounts of the funds received 

15 and the specific use of such contributions: Provided further, 

16 That the Secretary of Defense shall, not fewer than 5 days 

17 prior to making transfers from this appropriation, notify 

18 the congressional defense committees in writing of the de19 tails of any such transfer: Provided further, That the Sec20 retary shall submit a report no later than 30 days after 

21 the end of each fiscal quarter to the congressional defense 

22 committees summarizing the details of the transfer of funds 

23 from this appropriation: Provided further, That the amount 

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

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

3 IRAQ SECURITY FORCES FUND

4 (INCLUDING TRANSFER OF FUNDS)

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

6 to remain available until September 30, 2006: Provided, 

7 That such funds shall be available to the Secretary of De8 fense, notwithstanding any other provision of law, for the 

9 purpose of allowing the Commander, Multi-National Secu10 rity Transition Command—Iraq, or the Secretary’s des11 ignee to provide assistance, with the concurrence of the Sec12 retary of State, to the security forces of Iraq including the 

13 provision of equipment, supplies, services, training, facility 

14 and infrastructure repair, renovation, and construction: 

15 Provided further, That the authority to provide assistance 

16 under this section is in addition to any other authority to 

17 provide assistance to foreign nations: Provided further, 

18 That the Secretary of Defense may transfer the funds pro19 vided herein to appropriations for military personnel; oper20 ation and maintenance; Overseas Humanitarian, Disaster, 

21 and Civic Aid; procurement; research, development, test and 

22 evaluation; and defense working capital funds to accom23 plish the purposes provided herein: Provided further, That 

24 this transfer authority is in addition to any other transfer 

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

2 funds so transferred from this appropriation are not nec3 essary for the purposes provided herein, such amounts may 

4 be transferred back to this appropriation: Provided further, 

5 That of the amounts provided under this heading, 

6 $210,000,000 shall be transferred to ‘‘Operation and Main7 tenance, Army’’ to reimburse the Department of the Army 

8 for costs incurred to train, equip, and provide related as9 sistance to Iraqi security forces: Provided further, That con10 tributions of funds for the purposes provided herein from 

11 any person, foreign government, or international organiza12 tion may be credited to this Fund, and used for such pur13 poses: Provided further, That the Secretary shall notify the 

14 congressional defense committees in writing upon the re15 ceipt and upon the transfer of any contribution delineating 

16 the sources and amounts of the funds received and the spe17 cific use of such contributions: Provided further, That, not18 withstanding any other provision of law, from funds made 

19 available under this heading, $99,000,000 shall be used to 

20 provide assistance to the Government of Jordan to establish 

21 a regional training center designed to provide comprehen22 sive training programs for regional military and security 

23 forces and military and civilian officials, to enhance the 

24 capability of such forces and officials to respond to existing 

25 and emerging security threats in the region: Provided fur-
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1 ther, That assistance authorized by the preceding proviso 

2 may include the provision of facilities, equipment, supplies, 

3 services and training: Provided further, That the Secretary 

4 of Defense shall, not fewer than 5 days prior to making 

5 transfers from this appropriation, notify the congressional 

6 defense committees in writing of the details of any such 

7 transfer: Provided further, That the Secretary shall submit 

8 a report no later than 30 days after the end of each fiscal 

9 quarter to the congressional defense committees summa10 rizing the details of the transfer of funds from this appro11 priation: Provided further, That the amount provided 

12 under this heading is designated as an emergency require13 ment pursuant to section 402 of the conference report to 

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

15 PROCUREMENT 

16 AIRCRAFT PROCUREMENT, ARMY

17 For an additional amount for ‘‘Aircraft Procurement, 

18 Army’’, $458,677,000, to remain available until September 

19 30, 2007: Provided, That the amount provided under this 

20 heading is designated as an emergency requirement pursu21 ant to section 402 of the conference report to accompany 

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

23 MISSILE PROCUREMENT, ARMY

24 For an additional amount for ‘‘Missile Procurement, 

25 Army’’, $280,250,000, to remain available until September 
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1 30, 2007: Provided, That the amount provided under this 

2 heading is designated as an emergency requirement pursu3 ant to section 402 of the conference report to accompany 

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

5 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

6 VEHICLES, ARMY

7 For an additional amount for ‘‘Procurement of Weap8 ons and Tracked Combat Vehicles, Army’’, $2,406,447,000, 

9 to remain available until September 30, 2007: Provided, 

10 That the amount provided under this heading is designated 

11 as an emergency requirement pursuant to section 402 of 

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

13 Congress). 

14 PROCUREMENT OF AMMUNITION, ARMY

15 For an additional amount for ‘‘Procurement of Am16 munition, Army’’, $475,000,000, to remain available until 

17 September 30, 2007: Provided, That the amount provided 

18 under this heading is designated as an emergency require19 ment pursuant to section 402 of the conference report to 

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

21 OTHER PROCUREMENT, ARMY

22 For an additional amount for ‘‘Other Procurement, 

23 Army’’, $5,322,905,000, to remain available until Sep24 tember 30, 2007: Provided, That the amount provided under 

25 this heading is designated as an emergency requirement 
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1 pursuant to section 402 of the conference report to accom2 pany S. Con. Res. 95 (108th Congress). 

3 AIRCRAFT PROCUREMENT, NAVY

4 For an additional amount for ‘‘Aircraft Procurement, 

5 Navy’’, $200,295,000, to remain available until September 

6 30, 2007: Provided, That the amount provided under this 

7 heading is designated as an emergency requirement pursu8 ant to section 402 of the conference report to accompany 

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

10 WEAPONS PROCUREMENT, NAVY

11 For an additional amount for ‘‘Weapons Procurement, 

12 Navy’’, $66,000,000, to remain available until September 

13 30, 2007: Provided, That the amount provided under this 

14 heading is designated as an emergency requirement pursu15 ant to section 402 of the conference report to accompany 

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

17 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

18 CORPS

19 For an additional amount for ‘‘Procurement of Am20 munition, Navy and Marine Corps’’, $133,635,000, to re21 main available until September 30, 2007: Provided, That 

22 the amount provided under this heading is designated as 

23 an emergency requirement pursuant to section 402 of the 

24 conference report to accompany S. Con. Res. 95 (108th Con25 gress). 
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1 OTHER PROCUREMENT, NAVY

2 For an additional amount for ‘‘Other Procurement, 

3 Navy’’, $78,397,000, to remain available until September 

4 30, 2007: Provided, That the amount provided under this 

5 heading is designated as an emergency requirement pursu6 ant to section 402 of the conference report to accompany 

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

8 PROCUREMENT, MARINE CORPS

9 For an additional amount for ‘‘Procurement, Marine 

10 Corps’’, $2,929,045,000, to remain available until Sep11 tember 30, 2007: Provided, That the amount provided under 

12 this heading is designated as an emergency requirement 

13 pursuant to section 402 of the conference report to accom14 pany S. Con. Res. 95 (108th Congress). 

15 AIRCRAFT PROCUREMENT, AIR FORCE

16 For an additional amount for ‘‘Aircraft Procurement, 

17 Air Force’’, $269,309,000, to remain available until Sep18 tember 30, 2007: Provided, That the amount provided under 

19 this heading is designated as an emergency requirement 

20 pursuant to section 402 of the conference report to accom21 pany S. Con. Res. 95 (108th Congress). 

22 PROCUREMENT OF AMMUNITION, AIR FORCE

23 For an additional amount for ‘‘Procurement of Am24 munition, Air Force’’, $6,998,000, to remain available until 

25 September 30, 2007: Provided, That the amount provided 
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1 under this heading is designated as an emergency require2 ment pursuant to section 402 of the conference report to 

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

4 OTHER PROCUREMENT, AIR FORCE

5 For an additional amount for ‘‘Other Procurement, 

6 Air Force’’, $2,653,760,000, to remain available until Sep7 tember 30, 2007: Provided, That the amount provided under 

8 this heading is designated as an emergency requirement 

9 pursuant to section 402 of the conference report to accom10 pany S. Con. Res. 95 (108th Congress). 

11 PROCUREMENT, DEFENSE-WIDE

12 For an additional amount for ‘‘Procurement, Defense13 Wide’’, $591,327,000, to remain available until September 

14 30, 2007: Provided, That the amount provided under this 

15 heading is designated as an emergency requirement pursu16 ant to section 402 of the conference report to accompany 

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

18 RESEARCH, DEVELOPMENT, TEST AND 

19 EVALUATION 

20 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

21 For an additional amount for ‘‘Research, Develop22 ment, Test and Evaluation, Army’’, $37,170,000, to remain 

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

24 amount provided under this heading is designated as an 

25 emergency requirement pursuant to section 402 of the con-
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1 ference report to accompany S. Con. Res. 95 (108th Con2 gress). 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

4 For an additional amount for ‘‘Research, Develop5 ment, Test and Evaluation, Navy’’, $179,051,000, to re6 main available until September 30, 2006: Provided, That 

7 the amount provided under this heading is designated as 

8 an emergency requirement pursuant to section 402 of the 

9 conference report to accompany S. Con. Res. 95 (108th Con10 gress). 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

12 FORCE

13 For an additional amount for ‘‘Research, Develop14 ment, Test and Evaluation, Air Force’’, $132,540,000, to 

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

16 the amount provided under this heading is designated as 

17 an emergency requirement pursuant to section 402 of the 

18 conference report to accompany S. Con. Res. 95 (108th Con19 gress). 

20 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

21 DEFENSE-WIDE

22 For an additional amount for ‘‘Research, Develop23 ment, Test and Evaluation, Defense-Wide’’, $203,561,000, 

24 to remain available until September 30, 2006: Provided, 

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

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

3 Congress). 

4 REVOLVING AND MANAGEMENT FUNDS 

5 DEFENSE WORKING CAPITAL FUNDS

6 For an additional amount for ‘‘Defense Working Cap7 ital Funds’’, $1,311,300,000: Provided, That the amount 

8 provided under this heading is designated as an emergency 

9 requirement pursuant to section 402 of the conference report 

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

11 NATIONAL DEFENSE SEALIFT FUND

12 For an additional amount for ‘‘National Defense Sea13 lift Fund’’, $32,400,000, to remain available until ex14 pended: Provided, That the amount provided under this 

15 heading is designated as an emergency requirement pursu16 ant to section 402 of the conference report to accompany 

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

18 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

19 DEFENSE HEALTH PROGRAM

20 For an additional amount for ‘‘Defense Health Pro21 gram’’, $225,550,000 for Operation and maintenance: Pro22 vided, That the amount provided under this heading is des23 ignated as an emergency requirement pursuant to section 

24 402 of the conference report to accompany S. Con. Res. 95 

25 (108th Congress). 
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1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS)

4 For an additional amount for ‘‘Drug Interdiction and 

5 Counter-Drug Activities, Defense’’, $227,000,000: Provided, 

6 That these funds may be used only for such activities related 

7 to Afghanistan and Pakistan: Provided further, That the 

8 Secretary of Defense may transfer the funds provided herein 

9 only to appropriations for military personnel; operation 

10 and maintenance; and procurement: Provided further, That 

11 the funds transferred shall be merged with and be available 

12 for the same purposes and for the same time period, as the 

13 appropriation to which transferred: Provided further, That 

14 the transfer authority provided in this paragraph is in ad15 dition to any other transfer authority available to the De16 partment of Defense: Provided further, That upon a deter17 mination that all or part of the funds transferred from this 

18 appropriation are not necessary for the purposes provided 

19 herein, such amounts may be transferred back to this appro20 priation: Provided further, That the amount provided 

21 under this heading is designated as an emergency require22 ment pursuant to section 402 of the conference report to 

23 accompany S. Con. Res. 95 (108th Congress). 
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1 OFFICE OF THE INSPECTOR GENERAL

2 For an additional amount for ‘‘Office of the Inspector 

3 General’’, $148,000: Provided, That the amount provided 

4 under this heading is designated as an emergency require5 ment pursuant to section 402 of the conference report to 

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

7 RELATED AGENCY 

8 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

9 For an additional amount for ‘‘Intelligence Commu10 nity Management Account’’, $250,300,000, of which 

11 $181,000,000 is to remain available until September 30, 

12 2006: Provided, That the amounts provided under this 

13 heading are designated as an emergency requirement pursu14 ant to section 402 of the conference report to accompany 

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

16 GENERAL PROVISIONS, THIS CHAPTER 

17 SPECIAL TRANSFER AUTHORITY

18 (TRANSFER OF FUNDS)

19 SEC. 1101. Upon his determination that such action 

20 is necessary in the national interest, the Secretary of De21 fense may transfer between appropriations up to 

22 $2,000,000,000 of the funds made available to the Depart23 ment of Defense in this Act: Provided, That the Secretary 

24 shall notify the Congress promptly of each transfer made 

25 pursuant to this authority: Provided further, That the 

26 transfer authority provided in this section is in addition 
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1 to any other transfer authority available to the Department 

2 of Defense: Provided further, That the authority in this sec3 tion is subject to the same terms and conditions as the au4 thority provided in section 8005 of the Department of De5 fense Appropriations Act, 2005, except for the fourth pro6 viso: Provided further, That the amount made available by 

7 the transfer of funds in or pursuant to this section is des8 ignated as an emergency requirement pursuant to section 

9 402 of the conference report to accompany S. Con. Res. 95 

10 (108th Congress). 

11 GENERAL TRANSFER AUTHORITY

12 (TRANSFER OF FUNDS)

13 SEC. 1102. Section 8005 of the Department of Defense 

14 Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 

15 969), is amended by striking ‘‘$3,500,000,000’’ and insert16 ing in lieu thereof ‘‘$5,685,000,000’’: Provided, That the 

17 amount made available by the transfer of funds in or pursu18 ant to this section is designated as an emergency require19 ment pursuant to section 402 of the conference report to 

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

21 COUNTER-DRUG ACTIVITIES

22 SEC. 1103. (a) AUTHORITY TO PROVIDE SUPPORT.—

23 Of the amount appropriated under the heading, ‘‘Drug 

24 Interdiction and Counter-Drug Activities, Defense’’ in this 

25 Act, not to exceed $40,000,000 may be made available for 

26 the provision of support for counter-drug activities of the 
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1 Governments of Afghanistan and Pakistan: Provided, That 

2 such support shall be provided in addition to support pro3 vided for the counter-drug activities of said Government 

4 under any other provision of law. 

5 (b) TYPES OF SUPPORT.—

6 (1) Except as specified in subsections (b)(2) and 

7 (b)(3) of this section, the support that may be pro8 vided under the authority in this section shall be lim9 ited to the types of support specified in section 

10 1033(c)(1) of the National Defense Authorization Act 

11 for Fiscal Year 1998 (Public Law 105–85, as amend12 ed by Public Law 106–398 and Public Law 108–136) 

13 and conditions on the provision of support as con14 tained in section 1033 shall apply for fiscal year 

15 2005. 

16 (2) The Secretary of Defense may transfer vehi17 cles, aircraft, and detection, interception, monitoring 

18 and testing equipment to said Governments for 

19 counter-drug activities. 

20 (3) For the Governments of Afghanistan and 

21 Pakistan, the Secretary of Defense may also provide 

22 individual and crew-served weapons, and ammuni23 tion for counter-drug security forces. 

24 EXTRAORDINARY AND EMERGENCY EXPENSES

25 SEC. 1104. Under the heading, ‘‘Operation and Main26 tenance, Defense-Wide’’, in title II of the Department of De-
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1 fense Appropriations Act, 2005 (Public Law 108–287), 

2 strike ‘‘$32,000,000’’ and insert ‘‘$43,000,000’’. 

3 ADVANCE BILLING

4 SEC. 1105. Notwithstanding section 2208(l) of title 10, 

5 United States Code, during the current fiscal year working 

6 capital funds of the Department of Defense may utilize ad7 vance billing in a total amount not to exceed 

8 $1,500,000,000. 

9 WEAPONS PURCHASE AND DISPOSAL

10 SEC. 1106. Notwithstanding any other provision of 

11 law, from funds made available in this Act to the Depart12 ment of Defense under ‘‘Operation and Maintenance, De13 fense-Wide’’, not to exceed $10,000,000 may be used to pur14 chase and dispose of weapons from any person, foreign gov15 ernment, international organization or other entity, for the 

16 purpose of protecting U.S. forces overseas: Provided, That 

17 the Secretary of Defense shall provide quarterly reports to 

18 the congressional defense committees regarding the purchase 

19 and disposal of weapons under this section. 

20 COMMANDER’S EMERGENCY RESPONSE PROGRAM

21 SEC. 1107. Section 1201(a) of the Ronald W. Reagan 

22 National Defense Authorization Act for Fiscal Year 2005 

23 (Public Law 108–375), as amended by section 102, title I, 

24 division J, Consolidated Appropriations Act, 2005 (Public 

25 Law 108–447), is further amended by striking 

26 ‘‘$500,000,000’’ and inserting ‘‘$854,000,000’’. 
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1 CLASSIFIED PROGRAM

2 SEC. 1108. Section 8090(b) of the Department of De3 fense Appropriations Act, 2005 (Public Law 108–287), is 

4 amended by striking ‘‘$185,000,000’’ and inserting 

5 ‘‘$210,000,000’’. 

6 OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

7 SEC. 1109. Section 1096(b) of the Intelligence Reform 

8 and Terrorism Prevention Act of 2004 (Public Law 108–

9 458), is amended— 

10 (1) by striking ‘‘in the fiscal year after the effec11 tive date of this Act’’ and inserting in lieu thereof ‘‘in 

12 the fiscal years 2005 and 2006’’; and 

13 (2) in paragraph (1) by striking ‘‘500 new per14 sonnel billets’’ and inserting in lieu thereof ‘‘the total 

15 of 500 new personnel positions’’. 

16 SEC. 1110. NONREDUCTION IN PAY WHILE FEDERAL

17 EMPLOYEE IS PERFORMING ACTIVE SERVICE IN THE UNI18 FORMED SERVICES OR NATIONAL GUARD. (a) SHORT

19 TITLE.—This section may be cited as the ‘‘Reservists Pay 

20 Security Act of 2005’’. 

21 (b) IN GENERAL.—Subchapter IV of chapter 55 of title 

22 5, United States Code, is amended by adding at the end 

23 the following: 
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1 ‘‘§ 5538. Nonreduction in pay while serving in the uni2 formed services or National Guard 

3 ‘‘(a) An employee who is absent from a position of em4 ployment with the Federal Government in order to perform 

5 active duty in the uniformed services pursuant to a call 

6 or order to active duty under a provision of law referred 

7 to in section 101(a)(13)(B) of title 10 shall be entitled, while 

8 serving on active duty, to receive, for each pay period de9 scribed in subsection (b), an amount equal to the amount 

10 by which—

11 ‘‘(1) the amount of basic pay which would other12 wise have been payable to such employee for such pay 

13 period if such employee’s civilian employment with 

14 the Government had not been interrupted by that 

15 service, exceeds (if at all) 

16 ‘‘(2) the amount of pay and allowances which 

17 (as determined under subsection (d))—

18 ‘‘(A) is payable to such employee for that 

19 service; and 

20 ‘‘(B) is allocable to such pay period. 

21 ‘‘(b)(1) Amounts under this section shall be payable 

22 with respect to each pay period (which would otherwise 

23 apply if the employee’s civilian employment had not been 

24 interrupted)—

25 ‘‘(A) during which such employee is entitled to 

26 reemployment rights under chapter 43 of title 38 with 
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1 respect to the position from which such employee is 

2 absent (as referred to in subsection (a)); and 

3 ‘‘(B) for which such employee does not otherwise 

4 receive basic pay (including by taking any annual, 

5 military, or other paid leave) to which such employee 

6 is entitled by virtue of such employee’s civilian em7 ployment with the Government. 

8 ‘‘(2) For purposes of this section, the period during 

9 which an employee is entitled to reemployment rights under 

10 chapter 43 of title 38—

11 ‘‘(A) shall be determined disregarding the provi12 sions of section 4312(d) of title 38; and 

13 ‘‘(B) shall include any period of time specified 

14 in section 4312(e) of title 38 within which an em15 ployee may report or apply for employment or reem16 ployment following completion of service on active 

17 duty to which called or ordered as described in sub18 section (a). 

19 ‘‘(c) Any amount payable under this section to an em20 ployee shall be paid—

21 ‘‘(1) by such employee’s employing agency; 

22 ‘‘(2) from the appropriation or fund which 

23 would be used to pay the employee if such employee 

24 were in a pay status; and 
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1 ‘‘(3) to the extent practicable, at the same time 

2 and in the same manner as would basic pay if such 

3 employee’s civilian employment had not been inter4 rupted. 

5 ‘‘(d) The Office of Personnel Management shall, in con6 sultation with Secretary of Defense, prescribe any regula7 tions necessary to carry out the preceding provisions of this 

8 section. 

9 ‘‘(e)(1) The head of each agency referred to in section 

10 2302(a)(2)(C)(ii) shall, in consultation with the Office, pre11 scribe procedures to ensure that the rights under this section 

12 apply to the employees of such agency. 

13 ‘‘(2) The Administrator of the Federal Aviation Ad14 ministration shall, in consultation with the Office, prescribe 

15 procedures to ensure that the rights under this section apply 

16 to the employees of that agency. 

17 ‘‘(f) For purposes of this section—

18 ‘‘(1) the terms ‘employee’, ‘Federal Government’, 

19 and ‘uniformed services’ have the same respective 

20 meanings as given them in section 4303 of title 38; 

21 ‘‘(2) the term ‘employing agency’, as used with 

22 respect to an employee entitled to any payments 

23 under this section, means the agency or other entity 

24 of the Government (including an agency referred to in 

25 section 2302(a)(2)(C)(ii)) with respect to which such 
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1 employee has reemployment rights under chapter 43 

2 of title 38; and 

3 ‘‘(3) the term ‘basic pay’ includes any amount 

4 payable under section 5304.’’. 

5 (c) CLERICAL AMENDMENT.—The table of sections for 

6 chapter 55 of title 5, United States Code, is amended by 

7 inserting after the item relating to section 5537 the fol8 lowing:

‘‘5538. Nonreduction in pay while serving in the uniformed services or National 

Guard.’’.

9 (d) EFFECTIVE DATE.—The amendments made by this 

10 section shall apply with respect to pay periods (as described 

11 in section 5538(b) of title 5, United States Code, as amend12 ed by this section) beginning on or after the date of enact13 ment of this Act. 

14 RESERVE AFFILIATION BONUS

15 SEC. 1111. Notwithstanding subsection (c) of section 

16 308e of title 37, United States Code, the maximum amount 

17 of the bonus paid to a member of the Armed Forces pursu18 ant to a reserve affiliation agreement entered into under 

19 such section during fiscal year 2005 shall not exceed 

20 $10,000, and the Secretary of Defense and the Secretary 

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

22 may prescribe regulations under subsection (f) of such sec23 tion to modify the method by which bonus payments are 
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1 made under reserve affiliation agreements entered into dur2 ing such fiscal year. 

3 SERVICEMEMBERS’ GROUP LIFE INSURANCE

4 SEC. 1112. SERVICEMEMBERS’ GROUP LIFE INSUR5 ANCE ENHANCEMENTS. (a) INCREASED MAXIMUM AMOUNT

6 UNDER SERVICEMEMBERS’ GROUP LIFE INSURANCE.—Sec7 tion 1967 of title 38, United States Code, is amended—

8 (1) in subsection (a)(3)(A), by striking clause (i) 

9 and inserting the following new clause: 

10 ‘‘(i) In the case of a member—

11 ‘‘(I) $400,000 or such lesser amount as the 

12 member may elect; 

13 ‘‘(II) in the case of a member covered by 

14 subsection (e), the amount provided for or elected 

15 by the member under subclause (I) plus the addi16 tional amount of insurance provided for the 

17 member by subsection (e); or 

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

19 subsection (e) who has made an election under 

20 paragraph (2)(A) not to be insured under this 

21 subchapter, the amount of insurance provided for 

22 the member by subsection (e).’’; and 

23 (2) in subsection (d), by striking ‘‘$250,000’’ and 

24 inserting ‘‘$400,000’’. 

25 (b) ADDITIONAL AMOUNT FOR MEMBERS SERVING IN

26 CERTAIN AREAS OR OPERATIONS.—
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1 (1) INCREASED AMOUNT.—Section 1967 of such 

2 title is further amended—

3 (A) by redesignating subsection (e) as sub4 section (f); and 

5 (B) by inserting after subsection (d) the fol6 lowing new subsection (e): 

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

8 member as follows: 

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

10 more wounds, injuries, or illnesses incurred while 

11 serving in an operation or area that the Secretary 

12 designates, in writing, as a combat operation or a 

13 zone of combat, respectively, for purposes of this sub14 section. 

15 ‘‘(B) Any member who formerly served in an op16 eration or area so designated and whose death is de17 termined (under regulations prescribed by the Sec18 retary of Defense) to be the direct result of injury or 

19 illness incurred or aggravated while so serving. 

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

21 subchapter that is provided for a member by this subsection 

22 is $150,000, except that in a case in which the amount pro23 vided for or elected by the member under subclause (I) of 

24 subsection (a)(3)(A) exceeds $250,000, the additional 

25 amount of insurance under this subchapter that is provided 
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1 for the member by this subsection shall be reduced to such 

2 amount as is necessary to comply with the limitation in 

3 paragraph (3). 

4 ‘‘(3) The total amount of insurance payable for a mem5 ber under this subchapter may not exceed $400,000. 

6 ‘‘(4) While a member is serving in an operation or 

7 area designated as described in paragraph (1), the cost of 

8 insurance of the member under this subchapter that is at9 tributable to $150,000 of insurance coverage shall be con10 tributed as provided in section 1969(b)(2) of this title and 

11 may not be deducted or withheld from the member’s pay.’’. 

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

13 amended—

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

15 (B) by adding at the end the following new 

16 paragraph: 

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

18 under this subchapter is serving in an operation or area 

19 designated as described by paragraph (1)(A) of section 

20 1967(e) of this title, there shall be contributed from the ap21 propriation made for active duty pay of the uniformed serv22 ice concerned an amount determined by the Secretary and 

23 certified to the Secretary concerned to be the cost of 

24 Servicemembers’ Group Life Insurance which is traceable 
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1 to the cost of providing insurance for the member under 

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

3 (c) CONFORMING AMENDMENT.—Section 

4 1967(a)(2)(A) of such title is amended by inserting before 

5 the period at the end the following: ‘‘, except for insurance 

6 provided under paragraph (3)(A)(i)(III)’’. 

7 (d) COORDINATION WITH VGLI.—Section 1977(a) of 

8 such title is amended—

9 (1) by striking ‘‘$250,000’’ each place it appears 

10 and inserting ‘‘$400,000’’; and 

11 (2) by adding at the end of paragraph (1) the 

12 following new sentence: ‘‘Any additional amount of 

13 insurance provided a member under section 1967(e) 

14 of this title may not be treated as an amount for 

15 which Veterans’ Group Life Insurance shall be issued 

16 under this section.’’. 

17 (e) REQUIREMENTS REGARDING ELECTIONS OF MEM18 BERS TO REDUCE OR DECLINE INSURANCE.—Section 

19 1967(a) of such title is further amended—

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

21 following new subparagraph: 

22 ‘‘(C) Pursuant to regulations prescribed by the Sec23 retary of Defense, notice of an election of a member not to 

24 be insured under this subchapter, or to be insured under 

25 this subchapter in an amount less than the maximum 
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1 amount provided under paragraph (3)(A)(i)(I), shall be 

2 provided to the spouse of the member.’’; and 

3 (2) in paragraph (3)—

4 (A) in the matter preceding clause (i), by 

5 striking ‘‘and (C)’’ and inserting ‘‘, (C), and 

6 (D)’’; and 

7 (B) by adding at the end the following new 

8 subparagraphs: 

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

10 be insured under this subchapter, or to be insured under 

11 this subchapter in an amount less than the maximum 

12 amount provided under subparagraph (A)(i)(I), without the 

13 written consent of the spouse.’’. 

14 (f) REQUIREMENT REGARDING REDESIGNATION OF

15 BENEFICIARIES.—Section 1970 of such title is amended by 

16 adding at the end the following new subsection: 

17 ‘‘(j) A member with a spouse may not modify the bene18 ficiary or beneficiaries designated by the member under 

19 subsection (a) without the written consent of the spouse.’’. 

20 (g) EFFECTIVE DATE.—This section and the amend21 ments made by this section shall take effect on the first day 

22 of the first month that begins more than 90 days after the 

23 date of the enactment of this Act. 

24 (h) TERMINATION.—The amendments made by this 

25 section shall terminate on September 30, 2005. Effective on 
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1 October 1, 2005, the provisions of sections 1967, 1969, 1970, 

2 and 1977 of title 38, United States Code, as in effect on 

3 the date before the date of the enactment of this Act shall 

4 be revived. 

5 DEATH GRATUITY

6 SEC. 1113. (a) INCREASE IN DEATH GRATUITY.—

7 (1) AMOUNT.—Section 1478(a) of title 10, 

8 United States Code, is amended by striking 

9 ‘‘$12,000’’ and inserting ‘‘$100,000’’. 

10 (2) EFFECTIVE DATE.—The amendments made 

11 by this subsection shall take effect on October 7, 2001, 

12 and shall apply with respect to deaths occurring on 

13 or after that date. 

14 (3) NO ADJUSTMENT FOR INCREASES IN BASIC

15 PAY BEFORE DATE OF ENACTMENT.—No adjustment 

16 shall be made under subsection (c) of section 1478 of 

17 title 10, United States Code, with respect to the 

18 amount in force under subsection (a) of that section, 

19 as amended by paragraph (1), for any period before 

20 the date of the enactment of this Act. 

21 (4) PAYMENT FOR DEATHS BEFORE DATE OF EN22 ACTMENT.—Any additional amount payable as a 

23 death gratuity under this subsection for the death of 

24 a member of the Armed Forces before the date of the 

25 enactment of this Act shall be paid to the eligible sur26 vivor of the member previously paid a death gratuity 
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1 under section 1478 of title 10, United States Code, for 

2 the death of the member. If payment cannot be made 

3 to such survivor, payment of such amount shall be 

4 made to living survivor of the member otherwise high5 est on the list under 1477(a) of title 10, United States 

6 Code. 

7 (b) ADDITIONAL GRATUITY FOR DEATHS BEFORE EF8 FECTIVE DATE.—

9 (1) REQUIREMENT TO PAY ADDITIONAL GRA10 TUITY.—

11 (A) In the case of a member of the Armed 

12 Forces described in subparagraph (B), the Sec13 retary of the military department concerned 

14 shall pay a death gratuity in accordance with 

15 this subsection that is in addition to the death 

16 gratuity payable in the case of such death under 

17 sections 1475 through 1477 of title 10, United 

18 States Code. 

19 (B) The requirements of this subsection 

20 apply in the case of a member of the Armed 

21 Forces who died before the date of the enactment 

22 of this Act as a direct result of one or more 

23 wounds, injuries, or illnesses that—
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1 (i) were incurred in the theater of op2 erations of Operation Enduring Freedom or 

3 Operation Iraqi Freedom; or 

4 (ii) were incurred as described in sec5 tion 1413a(e)(2) of title 10, United States 

6 Code, on or after October 7, 2001. 

7 (2) AMOUNT.—The amount of the additional 

8 death gratuity is $150,000. 

9 (3) BENEFICIARIES.—The beneficiary or bene10 ficiaries who are entitled under section 1477 of title 

11 10, United States Code, to receive payment of the reg12 ular military death gratuity in the case of the death 

13 of a member referred to in paragraph (2) shall be en14 titled to receive the additional death gratuity payable 

15 in such case. If there are two or more such bene16 ficiaries, the portion of the total amount of the addi17 tional death gratuity payable to a beneficiary in such 

18 case shall be the amount that bears the same ratio to 

19 the total amount of the additional death gratuity 

20 under paragraph (2) as the amount of the share of the 

21 regular military death gratuity payable to that bene22 ficiary bears to the total amount of the regular mili23 tary death gratuity payable to all such beneficiaries 

24 in such case. 

25 (4) DEFINITIONS.—In this subsection: 
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1 (A) The term ‘‘additional death gratuity’’ 

2 means the death gratuity provided under para3 graph (1). 

4 (B) The term ‘‘regular military death gra5 tuity’’, means a death gratuity payable under 

6 sections 1475 through 1477 of title 10 United 

7 States Code. 

8 SEC. 1114. RENAMING OF DEATH GRATUITY PAYABLE

9 FOR DEATHS OF MEMBERS OF THE ARMED FORCES AS

10 FALLEN HERO COMPENSATION. (a) IN GENERAL.—Sub11 chapter II of chapter 75 of title 10, United States Code, 

12 is amended as follows: 

13 (1) In section 1475(a), by striking ‘‘have a death 

14 gratuity paid’’ and inserting ‘‘have fallen hero com15 pensation paid’’. 

16 (2) In section 1476(a)— 

17 (A) in paragraph (1), by striking ‘‘a death 

18 gratuity’’ and inserting ‘‘fallen hero compensa19 tion’’; and 

20 (B) in paragraph (2), by striking ‘‘A death 

21 gratuity’’ and inserting ‘‘Fallen hero compensa22 tion’’. 

23 (3) In section 1477(a), by striking ‘‘A death gra24 tuity’’ and inserting ‘‘Fallen hero compensation’’. 
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1 (4) In section 1478(a), by striking ‘‘The death 

2 gratuity’’ and inserting ‘‘The amount of fallen hero 

3 compensation’’. 

4 (5) In section 1479(1), by striking ‘‘the death 

5 gratuity’’ and inserting ‘‘fallen hero compensation’’. 

6 (6) In section 1489— 

7 (A) in subsection (a), by striking ‘‘a gra8 tuity’’ in the matter preceding paragraph (1) 

9 and inserting ‘‘fallen hero compensation’’; and 

10 (B) in subsection (b)(2), by inserting ‘‘or 

11 other assistance’’ after ‘‘lesser death gratuity’’. 

12 (b) CLERICAL AMENDMENTS.—(1) Such subchapter is 

13 further amended by striking ‘‘Death gratuity:’’ each 

14 place it appears in the heading of sections 1475 through 

15 1480 and 1489 and inserting ‘‘Fallen hero compensa16 tion:’’. 

17 (2) The table of sections at the beginning of such sub18 chapter is amended by striking ‘‘Death gratuity:’’ in the 

19 items relating to sections 1474 through 1480 and 1489 and 

20 inserting ‘‘Fallen hero compensation:’’. 

21 (c) GENERAL REFERENCES.—Any reference to a death 

22 gratuity payable under subchapter II of chapter 75 of title 

23 10, United States Code, in any law, regulation, document, 

24 paper, or other record of the United States shall be deemed 
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1 to be a reference to fallen hero compensation payable under 

2 such subchapter, as amended by this section. 

3 INTELLIGENCE ACTIVITIES AUTHORIZATION

4 SEC. 1115. Funds appropriated in this Act, or made 

5 available by the transfer of funds in or pursuant to this 

6 Act, for intelligence activities are deemed to be specifically 

7 authorized by the Congress for purposes of section 504 of 

8 the National Security Act of 1947 (50 U.S.C. 414). 

9 PROHIBITION OF NEW START PROGRAMS

10 SEC. 1116. (a) None of the funds provided in this chap11 ter may be used to finance programs or activities denied 

12 by Congress in fiscal year 2005 appropriations to the De13 partment of Defense or to initiate a procurement or re14 search, development, test and evaluation new start program 

15 without prior notification to the congressional defense com16 mittees. 

17 (b) Notwithstanding subsection (a) of this section, the 

18 Department of the Army may use funds made available in 

19 this Act under the heading, ‘‘Procurement of Ammunition, 

20 Army’’ to procure ammunition and accessories therefor that 

21 have a standard-type classification, under Army regula22 tions pertaining to the acceptability of materiel for use, and 

23 that are the same as other ammunition and accessories 

24 therefor that have been procured with funds made available 

25 under such heading in past appropriations Acts for the De26 partment of Defense, only for 25 mm high explosive rounds 
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1 for M2 Bradley Fighting Vehicles, 120 mm multi-purpose 

2 anti-tank and obstacle reduction rounds for M1 Abrams 

3 tanks, L410 aircraft countermeasure flares, 81 mm mortar 

4 red phosphorous smoke rounds, MD73 impulse cartridge for 

5 aircraft flares, and 20 mm high explosive rounds for C–

6 RAM, whose stocks have been depleted and must be replen7 ished for continuing operations of the Department of the 

8 Army. 

9 CHEMICAL WEAPONS DEMILITARIZATION

10 SEC. 1117. (a)(1) Notwithstanding section 917 of Pub11 lic Law 97–86, as amended, of the funds appropriated or 

12 otherwise made available by the Department of Defense Ap13 propriations Act, 2005 (Public Law 108–287), the Military 

14 Construction Appropriations and Emergency Hurricane 

15 Supplemental Appropriations Act, 2005 (Public Law 108–

16 324), and other Acts for the purpose of the destruction of 

17 the United States stockpile of lethal chemical agents and 

18 munitions at Blue Grass Army Depot, Kentucky, and Pueb19 lo Chemical Depot, Colorado, that had not been obligated 

20 as of March 15, 2005, shall remain available for obligation 

21 solely for such purpose and shall be made available not later 

22 than 30 days after the date of the enactment of this Act 

23 to the Program Manager for Assembled Chemical Weapons 

24 Alternatives for activities related to such purpose at Blue 

25 Grass Army Depot, Kentucky, and Pueblo Chemical Depot, 

26 Colorado. 
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1 (2) The amount of funds appropriated or otherwise 

2 made available by the Department of Defense Appropria3 tions Act, 2005, the Military Construction Appropriations 

4 and Emergency Hurricane Supplemental Appropriations 

5 Act, 2005, and other Acts for the purpose of the destruction 

6 of the United States stockpile of lethal chemical agents and 

7 munitions at Blue Grass Army Depot, Kentucky, and Pueb8 lo Chemical Depot, Colorado, that had not been obligated 

9 or expended as of March 15, 2005, is $372,280,000. 

10 (3) Of the funds made available to the Program Man11 ager under paragraph (1), not less than $100,000,000 shall 

12 be obligated by the Program Manager not later than 120 

13 days after the date of the enactment of this Act. 

14 (b)(1) Notwithstanding section 917 of Public Law 97–

15 86, as amended, none of the funds appropriated or other16 wise made available by the Department of Defense Appro17 priations Act, 2005, the Military Construction Appropria18 tions and Emergency Hurricane Supplemental Appropria19 tions Act, 2005, and other Acts for the purpose of the de20 struction of the United States stockpile of lethal chemical 

21 agents and munitions at Blue Grass Army Depot, Ken22 tucky, and Pueblo Chemical Depot, Colorado, may be 

23 deobligated, transferred, or reprogrammed out of the Assem24 bled Chemical Weapons Alternatives Program. 
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1 (2) The amount appropriated or otherwise made avail2 able by the Department of Defense Appropriations Act, 

3 2005, the Military Construction Appropriations and Emer4 gency Hurricane Supplemental Appropriations Act, 2005, 

5 and other Acts for the purpose of the destruction of the 

6 United States stockpile of lethal chemical agents and muni7 tions at Blue Grass Army Depot, Kentucky, and Pueblo 

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

9 (c) No funds appropriated or otherwise made available 

10 to the Secretary of Defense under this Act or any other Act 

11 may be obligated or expended to finance directly or indi12 rectly any study related to the transportation of chemical 

13 weapons across State lines. 

14 PHILADELPHIA REGIONAL PORT AUTHORITY

15 SEC. 1118. Section 115 of division H of Public Law 

16 108–199 is amended by striking all after ‘‘made available’’ 

17 and substituting ‘‘, notwithstanding section 2218(c)(1) of 

18 title 10, United States Code, for a grant to Philadelphia 

19 Regional Port Authority, to be used solely for the purpose 

20 of construction, by and for a Philadelphia-based company 

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

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

23 foreign commerce of the United States, of a marine cargo 

24 terminal and IT network for high-speed commercial vessels 

25 that is capable of supporting military sealift require26 ments.’’. 
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1 CONTINUITY OF GOVERNMENT TRANSPORTATION

2 SEC. 1119. Notwithstanding any other provision of the 

3 law, to facilitate the continuity of Government, during fis4 cal year 2005, no more than 11 officers and employees of 

5 the Executive Office of the President may be transported 

6 between their residence and place of employment on pas7 senger carriers owned or leased by the Federal Government. 

8 LPD–17 COST ADJUSTMENT

9 (TRANSFER OF FUNDS)

10 SEC. 1120. Upon enactment of this Act, the Secretary 

11 of Defense shall make the following transfer of funds: Pro12 vided, That funds so transferred shall be merged with and 

13 shall be available for the same purpose and for the same 

14 time period as the appropriation to which transferred: Pro15 vided further, That the amounts shall be transferred between 

16 the following appropriations in the amounts specified: 

17 From: 

18 Under the heading, ‘‘Shipbuilding and Con19 version, Navy, 2005/2009’’: 

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

21 To: 

22 Under the heading, ‘‘Shipbuilding and Con23 version, Navy, 1996/2008’’: 

24 LPD–17, $19,000,000: 

25 Provided further, That the amount made available by the 

26 transfer of funds in or pursuant to this section is designated 
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1 as an emergency requirement pursuant to section 402 of 

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

3 Congress). 

4 PROHIBITION ON COMPETITION OF THE NEXT GENERATION

5 DESTROYER (DD(X))

6 SEC. 1121. (a) No funds appropriated or otherwise 

7 made available by this Act, or by any other Act, may be 

8 obligated or expended to prepare for, conduct, or implement 

9 a strategy for the acquisition of the next generation de10 stroyer (DD(X)) program through a winner-take-all strat11 egy. 

12 (b) WINNER-TAKE-ALL STRATEGY DEFINED.—In this 

13 section, the term ‘‘winner-take-all strategy’’, with respect to 

14 the acquisition of destroyers under the next generation de15 stroyer program, means the acquisition (including design 

16 and construction) of such destroyers through a single ship17 yard. 

18 CIVILIAN PAY

19 SEC. 1122. None of the funds appropriated to the De20 partment of Defense by this Act or any other Act for fiscal 

21 year 2005 or any other fiscal year may be expended for 

22 any pay raise granted on or after January 1, 2005 that 

23 is implemented in a manner that provides a greater in24 crease for non-career employees than for career employees 

25 on the basis of their status as career or non-career employ26 ees, unless specifically authorized by law: Provided, That 
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1 this provision shall be implemented for fiscal year 2005 

2 without regard to the requirements of section 5383 of title 

3 5, United States Code: Provided further, That no employee 

4 of the Department of Defense shall have his or her pay re5 duced for the purpose of complying with the requirements 

6 of this provision. 

7 INDUSTRIAL MOBILIZATION CAPACITY

8 SEC. 1123. Of the amounts appropriated or otherwise 

9 made available by the Department of Defense Appropria10 tions Act, 2005, $12,500,000 shall be available only for in11 dustrial mobilization capacity at Rock Island Arsenal. 

12 EXTENSION OF PERIOD OF TEMPORARY CONTINUATION OF

13 BASIC ALLOWANCE FOR HOUSING FOR DEPENDENTS

14 OF MEMBERS OF THE ARMED FORCES WHO DIE ON

15 ACTIVE DUTY

16 SEC. 1124. Section 403(l) of title 37, United States 

17 Code, is amended by striking ‘‘180 days’’ each place it ap18 pears and inserting ‘‘365 days’’. 

19 SENSE OF SENATE ON TREATMENT OF CERTAIN VETERANS

20 UNDER REPEAL OF PHASE-IN OF CONCURRENT RE21 CEIPT OF RETIRED PAY AND VETERANS DISABILITY

22 COMPENSATION

23 SEC. 1125. It is the sense of the Senate that any vet24 eran with a service-connected disability rated as total by 

25 virtue of having been deemed unemployable who otherwise 

26 qualifies for treatment as a qualified retiree for purposes 
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1 of section 1414 of title 10, United States Code, should be 

2 entitled to treatment as qualified retiree receiving veterans 

3 disability compensation for a disability rated as 100 per4 cent for purposes of the final clause of subsection (a)(1) of 

5 such section, as amended by section 642 of the Ronald W. 

6 Reagan National Defense Authorization Act for Fiscal Year 

7 2005 (Public Law 108–375; 118 Stat. 1957), and thus enti8 tled to payment of both retired pay and veterans’ disability 

9 compensation under such section 1414 commencing as of 

10 January 1, 2005. 

11 SEC. 1126. BENEFITS FOR MEMBERS OF THE ARMED

12 FORCES RECUPERATING FROM INJURIES INCURRED IN OP13 ERATION IRAQI FREEDOM OR OPERATION ENDURING FREE14 DOM. (a) PROHIBITION ON CHARGES FOR MEALS.—

15 (1) PROHIBITION.—A member of the Armed 

16 Forces entitled to a basic allowance for subsistence 

17 under section 402 of title 37, United States Code, who 

18 is undergoing medical recuperation or therapy, or is 

19 otherwise in the status of ‘‘medical hold’’, in a mili20 tary treatment facility for an injury, illness, or dis21 ease incurred or aggravated while on active duty in 

22 the Armed Forces in Operation Iraqi Freedom or Op23 eration Enduring Freedom shall not, during any 

24 month in which so entitled, be required to pay any 
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1 charge for meals provided such member by the mili2 tary treatment facility. 

3 (2) EFFECTIVE DATE.—The limitation in para4 graph (1) shall take effect on January 1, 2005, and 

5 shall apply with respect to meals provided members 

6 of the Armed Forces as described in that paragraph 

7 on or after that date. 

8 (b) TELEPHONE BENEFITS.— 

9 (1) PROVISION OF ACCESS TO TELEPHONE SERV10 ICE.—The Secretary of Defense shall provide each 

11 member of the Armed Forces who is undergoing in 

12 any month medical recuperation or therapy, or is 

13 otherwise in the status of ‘‘medical hold’’, in a mili14 tary treatment facility for an injury, illness, or dis15 ease incurred or aggravated while on active duty in 

16 the Armed Forces in Operation Iraqi Freedom or Op17 eration Enduring Freedom access to telephone service 

18 at or through such military treatment facility in an 

19 amount for such month equivalent to the amount 

20 specified in paragraph (2). 

21 (2) MONTHLY AMOUNT OF ACCESS.—The amount 

22 of access to telephone service provided a member of the 

23 Armed Forces under paragraph (1) in a month shall 

24 be the number of calling minutes having a value 

25 equivalent to $40. 
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1 (3) ELIGIBILITY AT ANY TIME DURING MONTH.—

2 A member of the Armed Forces who is eligible for the 

3 provision of telephone service under this subsection at 

4 any time during a month shall be provided access to 

5 such service during such month in accordance with 

6 that paragraph, regardless of the date of the month on 

7 which the member first becomes eligible for the provi8 sion of telephone service under this subsection. 

9 (4) USE OF EXISTING RESOURCES.—In carrying 

10 out this subsection, the Secretary shall maximize the 

11 use of existing Department of Defense telecommuni12 cations programs and capabilities, private organiza13 tions, or other private entities offering free or re14 duced-cost telecommunications services. 

15 (5) COMMENCEMENT.— 

16 (A) IN GENERAL.—This subsection shall 

17 take effect on the first day of the first month be18 ginning on or after the date of the enactment of 

19 this Act. 

20 (B) EXPEDITED PROVISION OF ACCESS.—

21 The Secretary shall commence the provision of 

22 access to telephone service under this subsection 

23 as soon as practicable after the date of the enact24 ment of this Act. 
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1 (6) TERMINATION.—The Secretary shall cease the 

2 provision of access to telephone service under this sub3 section on the date this is 60 days after the later of— 

4 (A) the date, as determined by the Sec5 retary, on which Operation Enduring Freedom 

6 terminates; or 

7 (B) the date, as so determined, on which 

8 Operation Iraqi Freedom terminates. 

9 PROHIBITION ON IMPLEMENTATION OF CERTAIN ORDERS

10 AND GUIDANCE ON FUNCTIONS AND DUTIES OF GEN11 ERAL COUNSEL AND JUDGE ADVOCATE GENERAL OF

12 THE AIR FORCE

13 SEC. 1127. No funds appropriated or otherwise made 

14 available by this Act, or any other Act, may be obligated 

15 or expended to implement or enforce either of the following: 

16 (1) The order of the Secretary of the Air Force 

17 dated May 15, 2003, and entitled ‘‘Functions and 

18 Duties of the General Counsel and the Judge Advocate 

19 General’’. 

20 (2) Any internal operating instruction or memo21 randum issued by the General Counsel of the Air 

22 Force in reliance upon the order referred to in para23 graph (1). 

24 SEC. 1128. IMPLEMENTATION OF MISSION CHANGES

25 AT SPECIFIC VETERANS HEALTH ADMINISTRATION FACILI26 TIES. (a) IN GENERAL.—Section 414 of the Veterans Health 
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1 Programs Improvement Act of 2004, is amended by adding 

2 at the end the following: 

3 ‘‘(h) DEFINITION.—In this section, the term ‘medical 

4 center’ includes any outpatient clinic.’’. 

5 (b) EFFECTIVE DATE.—The amendment made by sub6 section (a) shall take effect as if included in the Veterans 

7 Health Programs Improvement Act of 2004 (Public Law 

8 108–422). 

9 RE-USE AND REDEVELOPMENT OF CLOSED OR REALIGNED

10 MILITARY INSTALLATIONS

11 SEC. 1129. (a) In order to assist communities with 

12 preparations for the results of the 2005 round of defense 

13 base closure and realignment, and consistent with assist14 ance provided to communities by the Department of Defense 

15 in previous rounds of base closure and realignment, the Sec16 retary of Defense shall, not later than July 15, 2005, submit 

17 to the congressional defense committees a report on the proc18 esses and policies of the Federal Government for disposal 

19 of property at military installations proposed to be closed 

20 or realigned as part of the 2005 round of base closure and 

21 realignment, and the assistance available to affected local 

22 communities for re-use and redevelopment decisions. 

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

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

25 Government for disposal of property at military in26 stallations proposed to be closed or realigned; 
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1 (2) a description of Federal Government policies 

2 for providing re-use and redevelopment assistance; 

3 (3) a catalogue of community assistance pro4 grams that are provided by the Federal Government 

5 related to the re-use and redevelopment of closed or re6 aligned military installations; 

7 (4) a description of the services, policies, and re8 sources of the Department of Defense that are avail9 able to assist communities affected by the closing or 

10 realignment of military installations as a result of 

11 the 2005 round of base closure and realignment; 

12 (5) guidance to local communities on the estab13 lishment of local redevelopment authorities and the 

14 implementation of a base redevelopment plan; and 

15 (6) a description of the policies and responsibil16 ities of the Department of Defense related to environ17 mental clean-up and restoration of property disposed 

18 by the Federal Government. 

19 REQUESTS FOR FUTURE FUNDING FOR MILITARY

20 OPERATIONS IN AFGHANISTAN AND IRAQ

21 SEC. 1130. (a) FINDINGS.—The Senate makes the fol22 lowing findings: 

23 (1) The Department of Defense Appropriations 

24 Act, 2004 (Public Law 108–87) and the Department 

25 of Defense Appropriations Act, 2005 (Public Law 

26 108–287) each contain a sense of the Senate provision 
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1 urging the President to provide in the annual budget 

2 requests of the President for a fiscal year under sec3 tion 1105(a) of title 31, United States Code, an esti4 mate of the cost of ongoing military operations in 

5 Iraq and Afghanistan in such fiscal year. 

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

7 Congress by the President on February 7, 2005, re8 quests no funds for fiscal year 2006 for ongoing mili9 tary operations in Iraq or Afghanistan. 

10 (3) According to the Congressional Research 

11 Service, there exists historical precedent for including 

12 the cost of ongoing military operations in the annual 

13 budget requests of the President following initial 

14 funding for such operations by emergency or supple15 mental appropriations Acts, including—

16 (A) funds for Operation Noble Eagle, begin17 ning in the budget request of President George 

18 W. Bush for fiscal year 2005; 

19 (B) funds for operations in Kosovo, begin20 ning in the budget request of President George 

21 W. Bush for fiscal year 2001; 

22 (C) funds for operations in Bosnia, begin23 ning in budget request of President Clinton for 

24 fiscal year 1997; 
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1 (D) funds for operations in Southwest Asia, 

2 beginning in the budget request of President 

3 Clinton for fiscal year 1997; 

4 (E) funds for operations in Vietnam, begin5 ning in the budget request of President Johnson 

6 for fiscal year 1966; and 

7 (F) funds for World War II, beginning in 

8 the budget request of President Roosevelt for fis9 cal year 1943. 

10 (4) The Senate has included in its version of the 

11 fiscal year 2006 budget resolution, which was adopted 

12 by the Senate on March 17, 2005, a reserve fund of 

13 $50,000,000,000 for overseas contingency operations, 

14 but the determination of that amount could not take 

15 into account any Administration estimate on the pro16 jected cost of such operations in fiscal year 2006. 

17 (5) In February 2005, the Congressional Budget 

18 Office estimated that fiscal year 2006 costs for ongo19 ing military operations in Iraq and Afghanistan 

20 could total $65,000,000,000. 

21 (b) SENSE OF SENATE.—It is the sense of the Senate 

22 that—

23 (1) any request for funds for a fiscal year after 

24 fiscal year 2006 for an ongoing military operation 

25 overseas, including operations in Afghanistan and 
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1 Iraq, should be included in the annual budget of the 

2 President for such fiscal year as submitted to Con3 gress under section 1105(a) of title 31, United States 

4 Code; 

5 (2) the President should submit to Congress, not 

6 later than September 1, 2005, an amendment to the 

7 budget of the President for fiscal year 2006 that was 

8 submitted to Congress under section 1105(a) of title 

9 31, United States Code, setting forth detailed cost es10 timates for ongoing military operations overseas dur11 ing such fiscal year; and 

12 (3) any funds provided for a fiscal year for on13 going military operations overseas should be provided 

14 in appropriations Acts for such fiscal year through 

15 appropriations to specific accounts set forth in such 

16 appropriations Acts. 

17 (c) ADDITIONAL REQUIREMENTS FOR CERTAIN RE18 PORTS.—(1) Each semiannual report to Congress required 

19 under a provision of law referred to in paragraph (2) shall 

20 include, in addition to the matters specified in the applica21 ble provision of law, the following: 

22 (A) A statement of the cumulative total of all 

23 amounts obligated, and of all amounts expended, as 

24 of the date of such report for Operation Enduring 

25 Freedom. 
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1 (B) A statement of the cumulative total of all 

2 amounts obligated, and of all amounts expended, as 

3 of the date of such report for Operation Iraqi Free4 dom. 

5 (C) An estimate of the reasonably foreseeable 

6 costs for ongoing military operations to be incurred 

7 during the 12-month period beginning on the date of 

8 such report. 

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

10 are as follows: 

11 (A) Section 1120 of the Emergency Supple12 mental Appropriations Act for Defense and for the 

13 Reconstruction of Iraq and Afghanistan, 2004 (Public 

14 Law 108–106; 117 Stat. 1219; 10 U.S.C. 113 note). 

15 (B) Section 9010 of the Department of Defense 

16 Appropriations Act, 2005 (Public Law 108–287; 118 

17 Stat. 1008; 10 U.S.C. 113 note). 

18 REPORTS ON IRAQI SECURITY FORCES

19 SEC. 1131. Not later than 60 days after the date of 

20 enactment of this Act, and every 90 days thereafter, the 

21 President shall submit an unclassified report to Congress, 

22 which may include a classified annex, that includes a de23 scription of the following: 

24 (1) The extent to which funding appropriated by 

25 this Act will be used to train and equip capable and 
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1 effectively led Iraqi security services and promote sta2 bility and security in Iraq. 

3 (2) The estimated strength of the Iraqi insur4 gency and the extent to which it is composed of non5 Iraqi fighters, and any changes over the previous 90-

6 day period. 

7 (3) A description of all militias operating in 

8 Iraq, including their number, size, strength, military 

9 effectiveness, leadership, sources of external support, 

10 sources of internal support, estimated types and num11 bers of equipment and armaments in their possession, 

12 legal status, and the status of efforts to disarm, de13 mobilize, and reintegrate each militia. 

14 (4) The extent to which recruiting, training, and 

15 equipping goals and standards for Iraqi security 

16 forces are being met, including the number of Iraqis 

17 recruited and trained for the army, air force, navy, 

18 and other Ministry of Defense forces, police, and high19 way patrol of Iraq, and all other Ministry of Interior 

20 forces, and the extent to which personal and unit 

21 equipment requirements have been met. 

22 (5) A description of the criteria for assessing the 

23 capabilities and readiness of Iraqi security forces. 

24 (6) An evaluation of the operational readiness 

25 status of Iraqi military forces and special police, in-
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1 cluding the type, number, size, and organizational 

2 structure of Iraqi battalions that are—

3 (A) capable of conducting counterinsurgency 

4 operations independently; 

5 (B) capable of conducting 

6 counterinsurgency operations with United States 

7 or Coalition mentors and enablers; or 

8 (C) not ready to conduct counterinsurgency 

9 operations. 

10 (7) The extent to which funding appropriated by 

11 this Act will be used to train capable, well-equipped, 

12 and effectively led Iraqi police forces, and an evalua13 tion of Iraqi police forces, including—

14 (A) the number of police recruits that have 

15 received classroom instruction and the duration 

16 of such instruction; 

17 (B) the number of veteran police officers 

18 who have received classroom instruction and the 

19 duration of such instruction; 

20 (C) the number of police candidates 

21 screened by the Iraqi Police Screening Service 

22 screening project, the number of candidates de23 rived from other entry procedures, and the over24 all success rates of those groups of candidates; 
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1 (D) the number of Iraqi police forces who 

2 have received field training by international po3 lice trainers and the duration of such instruc4 tion; 

5 (E) a description of the field training pro6 gram, including the number, the planned num7 ber, and nationality of international field train8 ers; 

9 (F) the number of police present for duty; 

10 (G) data related to attrition rates; and 

11 (H) a description of the training that Iraqi 

12 police have received regarding human rights and 

13 the rule of law. 

14 (8) The estimated total number of Iraqi battal15 ions needed for the Iraqi security forces to perform 

16 duties now being undertaken by the Coalition Forces, 

17 including defending Iraq’s borders, defeating the in18 surgency, and providing law and order. 

19 (9) The extent to which funding appropriated by 

20 this Act will be used to train Iraqi security forces in 

21 counterinsurgency operations and the estimated total 

22 number of Iraqi security force personnel expected to 

23 be trained, equipped, and capable of participating in 

24 counterinsurgency operations by the end of 2005 and 

25 of 2006. 
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1 (10) The estimated total number of adequately 

2 trained, equipped, and led Iraqi battalions expected 

3 to be capable of conducting counterinsurgency oper4 ations independently and the estimated total number 

5 expected to be capable of conducting 

6 counterinsurgency operations with United States or 

7 Coalition mentors and enablers by the end of 2005 

8 and of 2006. 

9 (11) An assessment of the effectiveness of the 

10 chain of command of the Iraqi military. 

11 (12) The number and nationality of Coalition 

12 mentors and advisers working with Iraqi security 

13 forces as of the date of the report, plans for decreasing 

14 or increasing the number of such mentors and advis15 ers, and a description of their activities. 

16 (13) A list of countries of the North Atlantic 

17 Treaty Organisation (‘‘NATO’’) participating in the 

18 NATO mission for training of Iraqi security forces 

19 and the number of troops from each country dedicated 

20 to the mission. 

21 (14) A list of countries participating in training 

22 Iraqi security forces outside the NATO training mis23 sion and the number of troops from each country 

24 dedicated to the mission. 
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1 (15) For any country, which made an offer to 

2 provide forces for training that has not been accepted, 

3 an explanation of the reasons why the offer was not 

4 accepted. 

5 (16) For offers to provide forces for training that 

6 have been accepted by the Iraqi government, a report 

7 on the status of such training efforts, including the 

8 number of troops involved by country and the number 

9 of Iraqi security forces trained. 

10 (17) An assessment of the progress of the Na11 tional Assembly of Iraq in drafting and ratifying the 

12 permanent constitution of Iraq, and the performance 

13 of the new Iraqi Government in its protection of the 

14 rights of minorities and individual human rights, 

15 and its adherence to common democratic practices. 

16 (18) The estimated number of United States 

17 military forces who will be needed in Iraq 6, 12, and 

18 18 months from the date of the report. 

19 REPORT ON IMPLEMENTATION OF POST DEPLOYMENT

20 STAND-DOWN PROGRAM BY ARMY NATIONAL GUARD

21 SEC. 1132. Not later than 60 days after the date of 

22 the enactment of this Act, the Secretary of the Army shall 

23 submit to the congressional defense committees a report con24 taining the assessment of the Secretary of the feasibility and 

25 advisability of implementing for the Army National Guard 

26 a program similar to the Post Deployment Stand-Down 
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1 Program of the Air National Guard. The Secretary of the 

2 Army shall prepare the assessment in consultation with the 

3 Secretary of the Air Force. 

4 AIRCRAFT CARRIERS OF THE NAVY

5 SEC. 1133. (a) FUNDING FOR REPAIR AND MAINTE6 NANCE OF U.S.S. JOHN F. KENNEDY.—Of the amount ap7 propriated to the Department of the Navy by this Act, nec8 essary funding will be made available for such repair and 

9 maintenance of the U.S.S. John F. Kennedy as the Navy 

10 considers appropriate to extend the life of U.S.S. John F. 

11 Kennedy. 

12 (b) LIMITATION ON REDUCTION IN NUMBER OF ACTIVE

13 AIRCRAFT CARRIERS.—No funds appropriated or otherwise 

14 made available by this Act may be obligated or expended 

15 to reduce the number of active aircraft carriers of the Navy 

16 below 12 active aircraft carriers until the later of the fol17 lowing: 

18 (1) The date that is 180 days after the date of 

19 the submittal to Congress of the quadrennial defense 

20 review required in 2005 under section 118 of title 10, 

21 United States Code. 

22 (2) The date on which the Secretary of Defense, 

23 in consultation with the Chairman of the Joint Chiefs 

24 of Staff, certifies to Congress that such agreements 

25 have been entered into to provide port facilities for the 

26 permanent forward deployment of such numbers of 
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1 aircraft carriers as are necessary in the Pacific Com2 mand Area of Responsibility to fulfill the roles and 

3 missions of that Command, including agreements for 

4 the forward deployment of a nuclear aircraft carrier 

5 after the retirement of the current two conventional 

6 aircraft carriers. 

7 (c) ACTIVE AIRCRAFT CARRIERS.—For purposes of 

8 this section, an active aircraft carrier of the Navy includes 

9 an aircraft carrier that is temporarily unavailable for 

10 worldwide deployment due to routing or scheduled mainte11 nance. 

12 SENSE OF THE SENATE ON SILICON CARBIDE POWDERS

13 PRODUCTION

14 SEC. 1134. SENSE OF THE SENATE. It is the sense of 

15 the Senate that the Department of Defense should provide 

16 funding sufficient, but not less than $5,000,000, under the 

17 Defense Production Act Title III to increase the domestic 

18 manufacturing capability to produce silicon carbide pow19 ders for use in the production of ceramic armor plates for 

20 armored vehicles, personal body armor systems, and other 

21 armor needs. 

22 PROCURING RAPID WALL BREACHING KITS

23 SEC. 1135. SENSE OF THE SENATE. It is the sense of 

24 the Senate that—

25 (1) the Department of Defense should allocate 

26 sufficient funding, but not less than $5,000,000, in 
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1 fiscal year 2005 to procure Rapid Wall Breaching 

2 Kits for use in operation Iraqi Freedom, Operation 

3 Enduring Freedom, and other uses; 

4 (2) the Department of Defense should submit to 

5 Congress an amendment to the proposed fiscal year 

6 2006 budget to procure sufficient Rapid Wall Breach7 ing Kits for use in Operation Iraqi Freedom, Oper8 ation Enduring Freedom, and other uses in fiscal 

9 year 2006; and 

10 (3) the Department of Defense should include in 

11 its budget requests for fiscal year 2007 and beyond 

12 funds to procure sufficient Rapid Wall Breaching 

13 Kits for use in Operation Iraqi Freedom, Operation 

14 Enduring Freedom, and other uses. 

15 TUITION ASSISTANCE PROGRAMS OF THE ARMY RESERVE

16 SEC. 1136. (a) It is the sense of the Senate that the 

17 amount appropriated by this chapter under the heading 

18 ‘‘OPERATION AND MAINTENANCE, ARMY RESERVE’’ may be 

19 increased by $17,600,000, with the amount of such increase 

20 designated as an emergency requirement pursuant to sec21 tion 402 of the conference report to accompany S. Con. Res. 

22 95 (108th Congress). 

23 (b) AVAILABILITY OF FUNDS.—Of the amount appro24 priated or otherwise made available by this chapter under 

25 the heading ‘‘OPERATION AND MAINTENANCE, ARMY RE26 SERVE’’, as increased by subsection (a), $17,600,000 may 
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1 be available for tuition assistance programs for members 

2 of the Army Reserve as authorized by law. 

3 SENSE OF SENATE ON FUNDING FOR VACCINE HEALTH

4 CARE CENTERS

5 SEC. 1137. It is the sense of the Senate that, of the 

6 amount appropriated or otherwise made available by this 

7 chapter under the heading ‘‘DEFENSE HEALTH PROGRAM’’, 

8 not less than $6,000,000 should be available for the Vaccine 

9 Health Care Centers. 

10 DEPLOYMENT OF WARLOCK SYSTEMS AND OTHER FIELD

11 JAMMING SYSTEMS

12 SEC. 1138. SENSE OF THE SENATE. It is the sense of 

13 the Senate that—

14 (1) $60,000,000 may be made available for the 

15 rapid deployment of Warlock and other field jamming 

16 systems; and 

17 (2) in conference, the Senate should recede to the 

18 House position. 

19 TRAVEL FOR FAMILY OF MEMBERS OF THE ARMED FORCES

20 HOSPITALIZED IN UNITED STATES IN CONNECTION

21 WITH CERTAIN NON-SERIOUS ILLNESSES OR INJURIES

22 SEC. 1139. (a) AUTHORITY.—Subsection (a) of section 

23 411h of title 37, United States Code, is amended—

24 (1) in paragraph (2)—

25 (A) by inserting ‘‘and’’ at the end of sub26 paragraph (A); and 
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1 (B) by striking subparagraphs (B) and (C) 

2 and inserting the following new subparagraph: 

3 ‘‘(B) either—

4 ‘‘(i) is seriously ill, seriously injured, or in 

5 a situation of imminent death (whether or not 

6 electrical brain activity still exists or brain 

7 death is declared), and is hospitalized in a med8 ical facility in or outside the United States; or 

9 ‘‘(ii) is not described in clause (i), but has 

10 an injury incurred in an operation or area des11 ignated as a combat operation or combat zone, 

12 respectively, by the Secretary of Defense under 

13 section 1967(e)(1)(A) of title 38 and is hospital14 ized in a medical facility in the United States 

15 for treatment of that injury.’’; and 

16 (2) by adding at the end the following new para17 graph: 

18 ‘‘(3) Not more than one roundtrip may be provided 

19 to a family member under paragraph (1) on the basis of 

20 clause (ii) of paragraph (2)(B).’’. 

21 (b) CONFORMING AMENDMENTS.—

22 (1) HEADING FOR AMENDED SECTION.—The 

23 heading for section 411h of such title is amended to 

24 read as follows: 
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1 ‘‘§ 411h. Travel and transportation allowances: trans2 portation of family members incident to 

3 illness or injury of members’’. 

4 (2) CLERICAL AMENDMENT.—The item relating 

5 to such section in the table of sections at the begin6 ning of chapter 7 of such title is amended to read as 

7 follows:

‘‘411h. Travel and transportation allowances: transportation of family members 

incident to illness or injury of members.’’.

8 (c) FUNDING.—Funds for the provision of travel in fis9 cal year 2005 under section 411h of title 37, United States 

10 Code, by reason of the amendments made by this section 

11 shall be derived as follows: 

12 (1) In the case of travel provided by the Depart13 ment of the Army, from amounts appropriated for fis14 cal year 2005 by this Act and the Department of De15 fense Appropriations Act, 2005 (Public Law 108–287) 

16 for the Military Personnel, Army account. 

17 (2) In the case of travel provided by the Depart18 ment of the Navy, from amounts appropriated for fis19 cal year 2005 by the Acts referred to in paragraph 

20 (1) for the Operation and Maintenance, Navy ac21 count. 

22 (3) In the case of travel provided by the Depart23 ment of the Air Force, from amounts appropriated for 

24 fiscal year 2005 by the Acts referred to in paragraph 
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1 (1) for the Operation and Maintenance, Air Force ac2 count. 

3 (d) REPORT ON TRAVEL IN EXCESS OF CERTAIN

4 LIMIT.—If in any fiscal year the amount of travel provided 

5 in such fiscal year under section 411h of title 37, United 

6 States Code, by reason of the amendments made by this sec7 tion exceeds $20,000,000, the Secretary of Defense shall sub8 mit to the congressional defense committees a report on that 

9 fact, including the total amount of travel provided in such 

10 fiscal year under such section 411h by reason of the amend11 ments made by this section. 

12 PROHIBITION ON TERMINATION OF EXISTING JOINT-SERV13 ICE MULTIYEAR PROCUREMENT CONTRACT FOR C/KC–

14 130J AIRCRAFT

15 SEC. 1140. No funds in this Act may be obligated or 

16 expended to terminate the joint service multiyear procure17 ment contract for C/KC–130J aircraft that is in effect on 

18 the date of the enactment of this Act. 

19 UP-ARMORED HIGH MOBILITY MULTIPURPOSE WHEELED

20 VEHICLES

21 SEC. 1141. (a) ADDITIONAL AMOUNT FOR OTHER PRO22 CUREMENT, ARMY.—The amount appropriated by this 

23 chapter under the heading ‘‘OTHER PROCUREMENT, ARMY’’ 

24 is hereby increased by $213,000,000, with the amount of 

25 such increase designated as an emergency requirement pur-
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1 suant to section 402 of the conference report to accompany 

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

3 (b) AVAILABILITY OF FUNDS.—Of the amount appro4 priated or otherwise made available by this chapter under 

5 the heading ‘‘OTHER PROCUREMENT, ARMY’’, as increased 

6 by subsection (a), $213,000,000 shall be available for the 

7 procurement of Up-Armored High Mobility Multipurpose 

8 Wheeled Vehicles (UAHMMWVs). 

9 (c) REPORTS.—(1) Not later 60 days after the date of 

10 the enactment of this Act, and every 60 days thereafter until 

11 the termination of Operation Iraqi Freedom, the Secretary 

12 of Defense shall submit to the congressional defense commit13 tees a report setting forth the current requirements of the 

14 Armed Forces for Up-Armored High Mobility Multipurpose 

15 Wheeled Vehicles. 

16 (2) Not later than 60 days after the date of the enact17 ment of this Act, the Secretary shall submit to the congres18 sional defense committees a report setting forth the most 

19 effective and efficient options available to the Department 

20 of Defense for transporting Up Armored High Mobility 

21 Multipurpose Wheeled Vehicles to Iraq and Afghanistan. 
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1 SENSE OF SENATE ON INCREASED PERIOD OF CONTINUED

2 TRICARE COVERAGE OF CHILDREN OF MEMBERS OF

3 THE UNIFORMED SERVICES WHO DIE WHILE SERVING

4 ON ACTIVE DUTY FOR A PERIOD OF MORE THAN 30

5 DAYS

6 SEC. 1142. SENSE OF THE SENATE. It is the sense of 

7 the Senate that—

8 (1) Congress should enact an amendment to sec9 tion 1079 of title 10, United States Code, in order to 

10 increase the period of continued TRICARE coverage 

11 of children of members of the uniformed services who 

12 die while serving on active duty for a period of more 

13 than 30 days under that section such that the period 

14 of continued eligibility is the longer of—

15 (A) the three-year period beginning on the 

16 date of death of the member; 

17 (B) the period ending on the date on which 

18 the child attains 21 years of age; or 

19 (C) in the case of a child of a deceased 

20 member who, at 21 years of age, is enrolled in 

21 a full-time course of study in a secondary school 

22 or in a full-time course of study in an institu23 tion of higher education approved by the admin24 istering Secretary and was, at the time of the 

25 member’s death, in fact dependent on the member 
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1 for over one-half of the child’s support, the period 

2 ending on the earlier—

3 (i) the date on which the child ceases 

4 to pursue such a course of study, as deter5 mined by the administering Secretary; or 

6 (ii) the date on which the child attains 

7 23 years of age; and 

8 (2) Congress should make the amendment appli9 cable to deaths of members of the Armed Forces on or 

10 after October 7, 2001, the date of the commencement 

11 of military operations in Afghanistan. 

12 PERMANENT MAGNET MOTOR

13 SEC. 1143. It is the sense of the Senate that of the 

14 amounts appropriated by this Act under the heading ‘‘RE15 SEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY’’, 

16 $15,000,000 should be made available for the continuing de17 velopment of the permanent magnet motor. 

18 SENSE OF SENATE ON PROCUREMENT OF MAN-PORTABLE

19 AIR DEFENSE SYSTEMS

20 SEC. 1144. It is the sense of the Senate that, of the 

21 amounts appropriated by this Act, $32,000,000 may be 

22 available to procure MANPAD systems. 

23 SENSE OF SENATE ON MEDICAL SUPPORT FOR TACTICAL

24 UNITS

25 SEC. 1145. It is the sense of the Senate that, of the 

26 amount appropriated by this Act under the heading ‘‘OPER-
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1 ATION AND MAINTENANCE, ARMY’’, $11,500,000 should be 

2 made available for the replenishment of medical supply and 

3 equipment needs within the combat theaters of the Army, 

4 including bandages and other blood-clotting supplies that 

5 utilize hemostatic, wound-dressing technologies. 

6 CHAPTER 2

7 DEPARTMENT OF DEFENSE 

8 MILITARY CONSTRUCTION, ARMY

9 For an additional amount for ‘‘Military Construction, 

10 Army’’, $897,191,000, to remain available until September 

11 30, 2007: Provided, That such funds may be used to carry 

12 out planning and design and military construction projects 

13 not otherwise authorized by law: Provided further, That the 

14 amount provided under this heading is designated as an 

15 emergency requirement pursuant to section 402 of the con16 ference report to accompany S. Con. Res. 95 (108th Con17 gress). 

18 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

19 For an additional amount for ‘‘Military Construction, 

20 Navy and Marine Corps’’, $107,380,000, to remain avail21 able until September 30, 2007: Provided, That such funds 

22 may be used to carry out planning and design and military 

23 construction projects not otherwise authorized by law: Pro24 vided further, That the amount provided under this heading 

25 is designated as an emergency requirement pursuant to sec-
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1 tion 402 of the conference report to accompany S. Con. Res. 

2 95 (108th Congress). 

3 MILITARY CONSTRUCTION, AIR FORCE

4 For an additional amount for ‘‘Military Construction, 

5 Air Force’’, $140,983,000, to remain available until Sep6 tember 30, 2007: Provided, That such funds may be used 

7 to carry out planning and design and military construction 

8 projects not otherwise authorized by law: Provided further, 

9 That the amount provided under this heading is designated 

10 as an emergency requirement pursuant to section 402 of 

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

12 Congress). 

13 TITLE II—INTERNATIONAL PROGRAMS AND AS14 SISTANCE FOR RECONSTRUCTION AND THE 

15 WAR ON TERROR 

16 CHAPTER 1

17 DEPARTMENT OF AGRICULTURE 

18 FOREIGN AGRICULTURAL SERVICE

19 PUBLIC LAW 480 TITLE II GRANTS

20 For additional expenses during the current fiscal year, 

21 not otherwise recoverable, and unrecovered prior years’ 

22 costs, including interest thereon, under the Agricultural 

23 Trade Development and Assistance Act of 1954, for com24 modities supplied in connection with dispositions abroad 

25 under title II of said Act, $470,000,000 to remain available 
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1 until expended: Provided, That from this amount, to the 

2 maximum extent possible, funding shall be restored to the 

3 previously approved fiscal year 2005 programs under sec4 tion 204(a)(2) of the Agricultural Trade Development and 

5 Assistance Act of 1954: Provided further, That of the funds 

6 provided under this heading, $12,000,000 shall be available 

7 to carry out programs under the Food for Progress Act of 

8 1985: Provided further, That the amount provided under 

9 this heading is designated as an emergency requirement 

10 pursuant to section 402 of the conference report to accom11 pany S. Con. Res. 95 (108th Congress). 

12 CHAPTER 2

13 DEPARTMENT OF STATE AND RELATED AGENCY 

14 DEPARTMENT OF STATE 

15 ADMINISTRATION OF FOREIGN AFFAIRS

16 DIPLOMATIC AND CONSULAR PROGRAMS

17 For an additional amount for ‘‘Diplomatic and Con18 sular Programs’’, $767,200,000, to remain available until 

19 September 30, 2006, of which $10,000,000 is provided for 

20 security requirements in the detection of explosives: Pro21 vided, That of the funds appropriated under this heading, 

22 not less than $250,000 shall be made available for programs 

23 to assist Iraqi and Afghan scholars who are in physical 

24 danger to travel to the United States to engage in research 

25 or other scholarly activities at American institutions of 
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1 higher education: Provided further, That of the funds ap2 propriated under this heading, $17,200,000 should be made 

3 available for the Office of the Coordinator for Reconstruc4 tion and Stabilization: Provided further, That the amount 

5 provided under this heading is designated as an emergency 

6 requirement pursuant to section 402 of the conference report 

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

8 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

9 For an additional amount for ‘‘Embassy Security, 

10 Construction, and Maintenance’’, $592,000,000, to remain 

11 available until expended: Provided, That the amount pro12 vided under this heading is designated as an emergency re13 quirement pursuant to section 402 of the conference report 

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

15 INTERNATIONAL ORGANIZATIONS AND 

16 CONFERENCES 

17 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

18 ACTIVITIES

19 For an additional amount for ‘‘Contributions for 

20 International Peacekeeping Activities’’, $680,000,000, to re21 main available until September 30, 2006: Provided, That 

22 the amount provided under this heading is designated as 

23 an emergency requirement pursuant to section 402 of the 

24 conference report to accompany S. Con. Res. 95 (108th Con25 gress). 
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1 RELATED AGENCY 

2 BROADCASTING BOARD OF GOVERNORS 

3 INTERNATIONAL BROADCASTING OPERATIONS

4 For an additional amount for ‘‘International Broad5 casting Operations’’ for activities related to broadcasting to 

6 the broader Middle East, $4,800,000, to remain available 

7 until September 30, 2006: Provided, That the amount pro8 vided under this heading is designated as an emergency re9 quirement pursuant to section 402 of the conference report 

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

11 BROADCASTING CAPITAL IMPROVEMENTS

12 For an additional amount for ‘‘Broadcasting Capital 

13 Improvements’’ for capital improvements related to broad14 casting to the broader Middle East, $2,500,000, to remain 

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

16 amount provided under this heading is designated as an 

17 emergency requirement pursuant to section 402 of the con18 ference report to accompany S. Con. Res. 95 (108th Con19 gress). 
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1 BILATERAL ECONOMIC ASSISTANCE 

2 FUNDS APPROPRIATED TO THE PRESIDENT 

3 UNITED STATES AGENCY FOR INTERNATIONAL 

4 DEVELOPMENT 

5 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

6 For an additional amount for ‘‘International Disaster 

7 and Famine Assistance’’, $44,000,000, to remain available 

8 until expended, for emergency expenses related to the hu9 manitarian crisis in the Darfur region of Sudan: Provided, 

10 That these funds may be used to reimburse fully accounts 

11 administered by the United States Agency for International 

12 Development for obligations incurred for the purposes pro13 vided under this heading prior to enactment of this Act 

14 from funds appropriated for foreign operations, export fi15 nancing, and related programs: Provided further, That the 

16 amount provided under this heading is designated as an 

17 emergency requirement pursuant to section 402 of the con18 ference report to accompany S. Con. Res. 95 (108th Con19 gress). 

20 TRANSITION INITIATIVES

21 For an additional amount for ‘‘Transition Initia22 tives’’, $63,000,000, to remain available until expended, for 

23 necessary international disaster rehabilitation and recon24 struction assistance pursuant to section 491 of the Foreign 

25 Assistance Act of 1961, to support transition to democracy 
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1 and the long-term development of Sudan: Provided, That 

2 such support may include assistance to develop, strengthen, 

3 or preserve democratic institutions and processes, revitalize 

4 basic infrastructure, and foster the peaceful resolution of 

5 conflict: Provided further, That of the funds appropriated 

6 under this heading, not less than $2,500,000 shall be made 

7 available for criminal case management, case tracking, and 

8 the reduction of pre-trial detention in Haiti, notwith9 standing any other provision of law: Provided further, That 

10 the amount provided under this heading is designated as 

11 an emergency requirement pursuant to section 402 of the 

12 conference report to accompany S. Con. Res. 95 (108th Con13 gress). 

14 OPERATING EXPENSES OF THE UNITED STATES AGENCY

15 FOR INTERNATIONAL DEVELOPMENT

16 For an additional amount for ‘‘Operating Expenses of 

17 the United States Agency for International Development’’, 

18 $24,400,000, to remain available until September 30, 2006: 

19 Provided, That the amount provided under this heading is 

20 designated as an emergency requirement pursuant to sec21 tion 402 of the conference report to accompany S. Con. Res. 

22 95 (108th Congress). 
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1 OPERATING EXPENSES OF THE UNITED STATES AGENCY

2 FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN3 SPECTOR GENERAL

4 For an additional amount for ‘‘Operating Expenses of 

5 the United States Agency for International Development 

6 Office of Inspector General’’, $2,500,000, to remain avail7 able until September 30, 2006: Provided, That the amount 

8 provided under this heading is designated as an emergency 

9 requirement pursuant to section 402 of the conference report 

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

11 OTHER BILATERAL ECONOMIC ASSISTANCE 

12 ECONOMIC SUPPORT FUND

13 (INCLUDING TRANSFER OF FUNDS)

14 For an additional amount for ‘‘Economic Support 

15 Fund’’, $1,636,300,000, to remain available until Sep16 tember 30, 2006: Provided, That of the funds appropriated 

17 under this heading, $200,000,000 should be made available 

18 for programs, activities, and efforts to support Palestinians, 

19 of which $50,000,000 should be made available for assist20 ance for Israel to help ease the movement of Palestinian 

21 people and goods in and out of Israel: Provided further, 

22 That of the funds appropriated under this heading, not less 

23 than $5,000,000 shall be made available for assistance for 

24 displaced persons in Afghanistan: Provided further, That 

25 of the funds appropriated under this heading, not less than 
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1 $5,000,000 should be made available to support Afghan 

2 women’s organizations that work to defend the legal rights 

3 of women and to increase women’s political participation: 

4 Provided further, That of the funds appropriated under this 

5 heading, not less than $5,000,000 should be made available 

6 for assistance for families and communities of Afghan civil7 ians who have suffered losses as a result of the military 

8 operations: Provided further, That of the funds appro9 priated under this heading, not less than $5,000,000 shall 

10 be made available for programs and activities to promote 

11 democracy, including political party development, in Leb12 anon and such amount shall be managed by the Bureau 

13 of Democracy, Human Rights, and Labor of the Depart14 ment of State: Provided further, That of the funds appro15 priated under this heading, up to $10,000,000 may be 

16 transferred to the Overseas Private Investment Corporation 

17 for the cost of direct and guaranteed loans as authorized 

18 by section 234 of the Foreign Assistance Act of 1961: Pro19 vided further, That such costs, shall be as defined in section 

20 502 of the Congressional Budget Act of 1974: Provided fur21 ther, That the amount provided under this heading is des22 ignated as an emergency requirement pursuant to section 

23 402 of the conference report to accompany S. Con. Res. 95 

24 (108th Congress). 
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1 ASSISTANCE FOR THE INDEPENDENT STATES OF THE

2 FORMER SOVIET UNION

3 For an additional amount for ‘‘Assistance for the Inde4 pendent States of the Former Soviet Union’’ for assistance 

5 to Ukraine, $70,000,000, to remain available until Sep6 tember 30, 2006: Provided, That of the funds appropriated 

7 under this heading, $5,000,000 shall be made available for 

8 democracy programs in Belarus, which shall be adminis9 tered by the Bureau of Democracy, Human Rights and 

10 Labor, Department of State: Provided further, That of the 

11 funds appropriated under this heading, not less than 

12 $5,000,000 shall be made available through the United 

13 States Agency for International Development for humani14 tarian, conflict mitigation, and other relief and recovery 

15 assistance for needy families and communities in Chechnya, 

16 Ingushetia and elsewhere in the North Caucasus: Provided 

17 further, That the amount provided under this heading is 

18 designated as an emergency requirement pursuant to sec19 tion 402 of the conference report to accompany S. Con. Res. 

20 95 (108th Congress). 
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1 DEPARTMENT OF STATE 

2 INTERNATIONAL NARCOTICS CONTROL AND LAW

3 ENFORCEMENT

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for ‘‘International Nar6 cotics Control and Law Enforcement’’, $660,000,000, to re7 main available until September 30, 2007, of which up to 

8 $46,000,000 may be transferred to and merged with ‘‘Eco9 nomic Support Fund’’ if the Secretary of State, after con10 sultation with the Committees on Appropriations, deter11 mines that this transfer is the most effective and timely use 

12 of resources to carry out counternarcotics and reconstruc13 tion programs: Provided, That the amount provided under 

14 this heading is designated as an emergency requirement 

15 pursuant to section 402 of the conference report to accom16 pany S. Con. Res. 95 (108th Congress). 

17 MIGRATION AND REFUGEE ASSISTANCE

18 For an additional amount for ‘‘Migration and Refugee 

19 Assistance’’, $108,400,000, to remain available until Sep20 tember 30, 2006: Provided, That of the funds appropriated 

21 under this heading, not less than $55,000,000 shall be made 

22 available for assistance for refugees in Africa and to fulfill 

23 refugee protection goals set by the President for fiscal year 

24 2005: Provided further, That the amount provided under 

25 this heading is designated as an emergency requirement 
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1 pursuant to section 402 of the conference report to accom2 pany S. Con. Res. 95 (108th Congress). 

3 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

4 RELATED PROGRAMS

5 For an additional amount for ‘‘Nonproliferation, 

6 Anti-Terrorism, Demining and Related Programs’’, 

7 $32,100,000, to remain available until September 30, 2006, 

8 of which not to exceed $15,000,000, to remain available 

9 until expended, may be made available for the Nonprolifera10 tion and Disarmament Fund, notwithstanding any other 

11 provision of law, to promote bilateral and multilateral ac12 tivities relating to nonproliferation and disarmament: Pro13 vided, That the amount provided under this heading is des14 ignated as an emergency requirement pursuant to section 

15 402 of the conference report to accompany S. Con. Res. 95 

16 (108th Congress). 

17 FUNDS APPROPRIATED TO THE PRESIDENT 

18 OTHER BILATERAL ASSISTANCE 

19 GLOBAL WAR ON TERROR PARTNERS FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses to carry out the purposes of the 

22 Foreign Assistance Act of 1961 for responding to urgent eco23 nomic support requirements in countries supporting the 

24 United States in the Global War on Terror, $25,500,000, 

25 to remain available until expended: Provided, That these 
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1 funds may be used only pursuant to a determination by 

2 the President, and after consultation with the Committees 

3 on Appropriations, that such use will support the global 

4 war on terrorism to furnish economic assistance to partners 

5 on such terms and conditions as he may determine for such 

6 purposes, including funds on a grant basis as a cash trans7 fer: Provided further, That funds made available under this 

8 heading may be transferred by the Secretary of State to 

9 other Federal agencies or accounts to carry out the purposes 

10 under this heading: Provided further, That upon a deter11 mination that all or part of the funds so transferred from 

12 this appropriation are not necessary for the purposes pro13 vided herein, such amounts may be transferred back to this 

14 appropriation: Provided further, That funds appropriated 

15 under this heading shall be considered to be economic assist16 ance under the Foreign Assistance Act of 1961 for purposes 

17 of making available the administrative authorities con18 tained in the Act for the use of economic assistance: Pro19 vided further, That funds appropriated under this heading 

20 shall be subject to the regular notification procedures of the 

21 Committees on Appropriations, except that such notifica22 tions shall be submitted no less than five days prior to the 

23 obligation of funds: Provided further, That the amount pro24 vided under this heading is designated as an emergency re-
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1 quirement pursuant to section 402 of the conference report 

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

3 MILITARY ASSISTANCE 

4 FUNDS APPROPRIATED TO THE PRESIDENT 

5 FOREIGN MILITARY FINANCING PROGRAM

6 For an additional amount for ‘‘Foreign Military Fi7 nancing Program’’, $250,000,000: Provided, That the 

8 amount provided under this heading is designated as an 

9 emergency requirement pursuant to section 402 of the con10 ference report to accompany S. Con. Res. 95 (108th Con11 gress). 

12 PEACEKEEPING OPERATIONS

13 For an additional amount for ‘‘Peacekeeping Oper14 ations’’, $210,000,000, to remain available until September 

15 30, 2006, of which $200,000,000 is for military and other 

16 security assistance to coalition partners in Iraq and Af17 ghanistan: Provided, That funds appropriated under this 

18 heading shall be subject to the regular notification proce19 dures of the Committees on Appropriations, except that such 

20 notifications shall be submitted no less than five days prior 

21 to the obligation of funds: Provided further, That the 

22 amount provided under this heading is designated as an 

23 emergency requirement pursuant to section 402 of the con24 ference report to accompany S. Con. Res. 95 (108th Con25 gress). 
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1 GENERAL PROVISIONS, THIS CHAPTER 

2 VOLUNTARY CONTRIBUTION

3 SEC. 2101. Section 307(a) of the Foreign Assistance 

4 Act of 1961, as amended (22 U.S.C. 2227), is further 

5 amended by striking ‘‘Iraq,’’. 

6 REPORTING REQUIREMENT

7 SEC. 2102. Not later than 60 days after the date of 

8 enactment of this Act, the President shall submit a report 

9 to the Congress detailing: (1) information regarding the 

10 Palestinian security services, including their numbers, ac11 countability, and chains of command, and steps taken to 

12 purge from their ranks individuals with ties to terrorist en13 tities; (2) specific steps taken by the Palestinian Authority 

14 to dismantle the terrorist infrastructure, confiscate unau15 thorized weapons, arrest and bring terrorists to justice, de16 stroy unauthorized arms factories, thwart and preempt ter17 rorist attacks, and cooperate with Israel’s security services; 

18 (3) specific actions taken by the Palestinian Authority to 

19 stop incitement in Palestinian Authority-controlled elec20 tronic and print media and in schools, mosques, and other 

21 institutions it controls, and to promote peace and coexist22 ence with Israel; (4) specific steps the Palestinian Authority 

23 has taken to ensure democracy, the rule of law, and an inde24 pendent judiciary, and transparent and accountable gov25 ernance; (5) the Palestinian Authority’s cooperation with 

26 United States officials in investigations into the late Pales-
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1 tinian leader Yasser Arafat’s finances; and (6) the amount 

2 of assistance pledged and actually provided to the Pales3 tinian Authority by other donors: Provided, That not later 

4 than 180 days after enactment of this Act, the President 

5 shall submit to the Congress an update of this report: Pro6 vided further, That up to $5,000,000 of the funds made 

7 available for assistance for the West Bank and Gaza by this 

8 chapter under ‘‘Economic Support Fund’’ shall be used for 

9 an outside, independent evaluation by an internationally 

10 recognized accounting firm of the transparency and ac11 countability of Palestinian Authority accounting proce12 dures and an audit of expenditures by the Palestinian Au13 thority. 

14 (RESCISSION OF FUNDS)

15 SEC. 2103. The unexpended balance appropriated by 

16 Public Law 108–11 under the heading ‘‘Economic Support 

17 Fund’’ and made available for Turkey is rescinded. 

18 DEMOCRACY EXCEPTION

19 SEC. 2104. Funds appropriated for fiscal year 2005 

20 under the heading ‘‘Economic Support Fund’’ may be made 

21 available for democracy and rule of law programs and ac22 tivities, notwithstanding the provisions of section 574 of di23 vision D of Public Law 108–447. 

24 SEC. 2105. The amounts set forth in the eighth proviso 

25 in the Diplomatic and Consular Programs appropriation 

26 in the fiscal year 2005 Departments of Commerce, Justice, 
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1 State, the Judiciary, and Related Agencies Appropriations 

2 Act (Public Law 108–447, division B) may be subject to 

3 reprogramming pursuant to section 605 of that Act. 

4 MARLA RUZICKA IRAQI WAR VICTIMS FUND

5 SEC. 2106. Of the funds appropriated by chapter 2 of 

6 title II of Public Law 108–106 under the heading ‘‘Iraq 

7 Relief and Reconstruction Fund’’, not less than $30,000,000 

8 should be made available for assistance for families and 

9 communities of Iraqi civilians who have suffered losses as 

10 a result of the military operations: Provided, That such as11 sistance shall be designated as the ‘‘Marla Ruzicka Iraqi 

12 War Victims Fund’’. 

13 ASSISTANCE FOR HAITI

14 SEC. 2107. Of the funds appropriated by title II, chap15 ter 2 of this Act, not less than $20,000,000 shall be made 

16 available for assistance for Haiti: Provided, That this as17 sistance should be made available for election assistance, 

18 employment and public works projects, and police assist19 ance: Provided further, That the obligation of such funds 

20 shall be subject to prior consultation with the Committees 

21 on Appropriations. 

22 REPORT ON AFGHAN SECURITY FORCES TRAINING

23 SEC. 2108. (a) Notwithstanding any other provision 

24 of law, not later than 90 days after the date on which the 

25 initial obligation of funds made available in this Act for 

26 training Afghan security forces, including police, border se-
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1 curity guards and members of the Afghan National Army, 

2 is made, the Secretary of State, in conjunction with the Sec3 retary of Defense, shall submit to the appropriate congres4 sional committees a report that includes the following: 

5 (1) An assessment of whether the individuals 

6 who are providing training to Afghan security forces 

7 with assistance provided by the United States have 

8 proven records of experience in training law enforce9 ment or security personnel. 

10 (2) A description of the procedures of the Depart11 ment of State and Department of Defense to ensure 

12 that an individual who receives such training—

13 (A) does not have a criminal background; 

14 (B) is not connected to any criminal or ter15 rorist organization, including the Taliban; 

16 (C) is not connected to drug traffickers; and 

17 (D) meets certain age and experience stand18 ards. 

19 (3) A description of the procedures of the Depart20 ment of State and Department of Defense that—

21 (A) clearly establish the standards an indi22 vidual who will receive such training must meet; 

23 (B) clearly establish the training courses 

24 that will permit the individual to meet such 

25 standards; and 
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1 (C) provide for certification of an indi2 vidual who meets such standards. 

3 (4) A description of the procedures of the Depart4 ment of State and Department of Defense to ensure 

5 the coordination of such training efforts between these 

6 two Departments. 

7 (5) A description of the methods that will be used 

8 by the Government of Afghanistan to maintain and 

9 equip such personnel when such training is com10 pleted. 

11 (6) A description of how such training efforts 

12 will be coordinated with other training programs 

13 being conducted by the governments of other countries 

14 or international organizations in Afghanistan. 

15 (b) In this section the term ‘‘appropriate congressional 

16 committees’’ means the Committee on Appropriations, the 

17 Committee on Armed Services, and the Committee on For18 eign Relations of the Senate and the Committee on Appro19 priations, the Committee on Armed Services, and the Com20 mittee on International Relations of the House of Rep21 resentatives. 

22 DARFUR ACCOUNTABILITY

23 SEC. 2109. (a) It is the sense of the Senate that—

24 (1) the atrocities unfolding in Darfur, Sudan, 

25 have been and continue to be genocide; 
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1 (2) the United States should immediately seek 

2 passage at the United Nations Security Council of a 

3 resolution that— 

4 (A) imposes additional sanctions or addi5 tional measures against the Government of 

6 Sudan, including sanctions that will affect the 

7 petroleum sector in Sudan, individual members 

8 of the Government of Sudan, and entities con9 trolled or owned by officials of the Government 

10 of Sudan or the National Congress Party in 

11 Sudan, that will remain in effect until such time 

12 as the Government of Sudan fully complies with 

13 all relevant United Nations Security Council res14 olutions; 

15 (B) establishes a military no-fly zone in 

16 Darfur and calls on the Government of Sudan to 

17 immediately withdraw all military aircraft from 

18 the region; 

19 (C) urges member states to accelerate assist20 ance to the African Union force in Darfur, suffi21 cient to achieve the expanded mandate described 

22 in paragraph (5); 

23 (D) calls on the Government of Sudan to co24 operate with, and allow unrestricted movement 

25 in Darfur by, the African Union force, the 
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1 United Nations Mission in Sudan (UNMIS), 

2 international humanitarian organizations, and 

3 United Nations monitors; 

4 (E) extends the embargo of military equip5 ment established by paragraphs 7 through 9 of 

6 United Nations Security Council Resolution 

7 1556 and expanded by Security Council Resolu8 tion 1591 to include a total prohibition of sale 

9 or supply to the Government of Sudan; and 

10 (F) expands the mandate of UNMIS to in11 clude the protection of civilians throughout 

12 Sudan, including Darfur, and increases the 

13 number of UNMIS personnel to achieve such 

14 mandate; 

15 (3) the United States should not provide assist16 ance to the Government of Sudan, other than assist17 ance necessary for the implementation of the Sudan 

18 North-South Peace Agreement, the support of the 

19 southern regional government in Sudan, or for hu20 manitarian purposes in Sudan, unless the President 

21 certifies and reports to Congress that the Government 

22 of Sudan has fully complied with all relevant United 

23 Nations Security Council resolutions and the condi24 tions established by the Comprehensive Peace in 
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1 Sudan Act of 2004 (Public Law 108–497; 118 Stat. 

2 4018); 

3 (4) the President should work with international 

4 organizations, including the North Atlantic Treaty 

5 Organization (NATO), the United Nations, and the 

6 African Union to undertake action as soon as prac7 ticable to eliminate the ability of the Government of 

8 Sudan to engage in aerial bombardment of civilians 

9 in Darfur and establish mechanisms for the enforce10 ment of a no-fly zone in Darfur; 

11 (5) the African Union should extend its mandate 

12 in Darfur to include the protection of civilians and 

13 proactive efforts to prevent violence; 

14 (6) the President should accelerate assistance to 

15 the African Union in Darfur and discussions with the 

16 African Union, the European Union, NATO, and 

17 other supporters of the African Union force on the 

18 needs of the African Union force, including assistance 

19 for housing, transportation, communications, equip20 ment, technical assistance such as training and com21 mand and control assistance, and intelligence; 

22 (7) the President should appoint a Presidential 

23 Envoy for Sudan to support peace, security and sta24 bility in Darfur and seek a comprehensive peace 

25 throughout Sudan; 
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1 (8) United States officials, at the highest levels, 

2 should raise the issue of Darfur in bilateral meetings 

3 with officials from other members of the United Na4 tions Security Council and other relevant countries, 

5 with the aim of passing a United Nations Security 

6 Council resolution described in paragraph (2) and 

7 mobilizing maximum support for political, financial, 

8 and military efforts to stop the genocide in Darfur; 

9 and 

10 (9) the United States should actively participate 

11 in the UN Committee and the Panel of Experts estab12 lished pursuant to Security Council Resolution 1591, 

13 and work to support the Secretary-General and the 

14 United Nations High Commissioner for Human 

15 Rights in their efforts to increase the number and de16 ployment rate of human rights monitors to Darfur. 

17 (b)(1) At such time as the United States has access 

18 to any of the names of those named by the UN Commission 

19 of Inquiry or those designated by the UN Committee the 

20 President shall—

21 (A) submit to the appropriate congressional com22 mittees a report listing such names; 

23 (B) determine whether the individuals named by 

24 the UN Commission of Inquiry or designated by the 
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1 UN Committee have committed the acts for which 

2 they were named or designated; 

3 (C) except as described under paragraph (2), 

4 take such action as may be necessary to immediately 

5 freeze the funds and other assets belonging to those 

6 named by the UN Commission of Inquiry and those 

7 designated by the UN Commission, their family mem8 bers, and any assets or property that such individuals 

9 transferred on or after July 1, 2002, including requir10 ing that any United States financial institution hold11 ing such funds and assets promptly report those funds 

12 and assets to the Office of Foreign Assets Control; and 

13 (D) except as described under paragraph (2), 

14 deny visas and entry to those named by the UN Com15 mission of Inquiry and those designated by the UN 

16 Commission, their family members, and anyone the 

17 President determines has been, is, or may be plan18 ning, carrying out, responsible for, or otherwise in19 volved in crimes against humanity, war crimes, or 

20 genocide in Darfur, Sudan. 

21 (2) The President may elect not to take action de22 scribed in paragraphs (1)(C) and (1)(D) if the President 

23 submits to the appropriate congressional committee, a re24 port—
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1 (A) naming the individual or individuals named 

2 by the UN Commission of Inquiry or designated by 

3 the UN Committee with respect to whom the President 

4 has made such election, on behalf of the individual or 

5 the individual’s family member or associate; and 

6 (B) describing the reasons for such election, and 

7 including the determination described in paragraph 

8 (1)(B). 

9 (3) Not later than 30 days after United States has ac10 cess to any of the names of those named by the UN Commis11 sion of Inquiry or those designated by the UN Committee, 

12 the President shall submit to the appropriate congressional 

13 committees notification of the sanctions imposed under 

14 paragraphs (1)(C) and (1)(D) and the individuals affected, 

15 or the report described in paragraph (2). 

16 (4) Not later than 30 days prior to waiving the sanc17 tions provisions of any other Act with regard to Sudan, 

18 the President shall submit to the appropriate congressional 

19 committees a report describing the waiver and the reasons 

20 for such waiver. 

21 (c)(1) The Secretary of State, in conjunction with the 

22 Secretary of Defense, shall report to the appropriate con23 gressional committees on efforts to deploy an African Union 

24 force in Darfur, the capacity of such force to stabilize 

25 Darfur and protect civilians, the needs of such force to 
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1 achieve such mission including housing, transportation, 

2 communications, equipment, technical assistance, including 

3 training and command and control, and intelligence, and 

4 the status of United States and other assistance to the Afri5 can Union force. 

6 (2)(A) The report described in paragraph (1) shall be 

7 submitted every 90 days during the 1-year period beginning 

8 on the date of the enactment of this Act, or until such time 

9 as the President certifies that the situation in Darfur is 

10 stable and that civilians are no longer in danger and that 

11 the African Union is no longer needed to prevent a resump12 tion of violence and attacks against civilians. 

13 (B) After such 1-year period, and if the President has 

14 not made the certification described in subparagraph (A), 

15 the report described in paragraph (1) shall be included in 

16 the report required under section 8(b) of the Sudan Peace 

17 Act (50 U.S.C. 1701 note), as amended by section 5(b) of 

18 the Comprehensive Peace in Sudan Act of 2004 (Public Law 

19 108–497; 118 Stat. 4018). 

20 (d) In this section: 

21 (1) The term ‘appropriate congressional commit22 tees’ means the Committee on Foreign Relations and 

23 the Committee on Appropriations of the Senate and 

24 the Committee on International Relations and the 
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1 Committee on Appropriations of the House of Rep2 resentatives. 

3 (2) The term ‘‘Government of Sudan’’ means the 

4 National Congress Party-led government in Khar5 toum, Sudan, or any successor government formed on 

6 or after the date of the enactment of this title. 

7 (3) The term ‘‘member states’’ means the member 

8 states of the United Nations. 

9 (4) The term ‘‘Sudan North-South Peace Agree10 ment’’ means the comprehensive peace agreement 

11 signed by the Government of Sudan and the Sudan 

12 People’s Liberation Army/Movement on January 9, 

13 2005. 

14 (5) The term ‘‘those named by the UN Commis15 sion of Inquiry’’ means those individuals whose 

16 names appear in the sealed file delivered to the Sec17 retary-General of the United Nations by the Inter18 national Commission of Inquiry on Darfur to the 

19 United Nations Security Council. 

20 (6) The term ‘‘UN Committee’’ means the Com21 mittee of the Security Council established in United 

22 Nations Security Council Resolution 1591 (29 March 

23 2005); paragraph 3. 

24 CANDIDATE COUNTRIES

25 SEC. 2110. Section 616(b)(1) of the Millennium Chal26 lenge Act of 2003 (Public Law 108–199) is amended—
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1 (1) by striking ‘‘subparagraphs (A) and (B) of 

2 section 606(a)(1)’’; and 

3 (2) inserting in lieu thereof ‘‘subsection (a) or 

4 (b) of section 606’’. 

5 SUDAN

6 SEC. 2111. Of the funds appropriated in this Act for 

7 ‘‘Contributions for International Peacekeeping Activities’’, 

8 $90,500,000 may be made available for assistance for 

9 Darfur, Sudan: Provided, That within these amounts, 

10 $50,000,000 may be transferred to ‘‘Peacekeeping Oper11 ations’’ for support of the efforts of the African Union to 

12 halt genocide and other atrocities in Darfur, Sudan: Pro13 vided further, That $40,500,000 may be transferred to 

14 ‘‘International Disaster and Famine Assistance’’ for assist15 ance for Darfur, Sudan and other African countries. 

16 TITLE III—DOMESTIC APPROPRIATIONS FOR 

17 THE WAR ON TERROR 

18 CHAPTER 1

19 DEPARTMENT OF JUSTICE 

20 GENERAL ADMINISTRATION

21 OFFICE OF INSPECTOR GENERAL

22 For an additional amount for ‘‘Office of Inspector 

23 General’’, $2,500,000, to remain available until September 

24 30, 2006: Provided, That the amount provided under this 

25 heading is designated as an emergency requirement pursu-
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1 ant to section 402 of the conference report to accompany 

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

3 UNITED STATES MARSHALS SERVICE

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Salaries and Ex6 penses’’, $11,935,000, for increased judicial security outside 

7 of courthouse facilities, including priority consideration of 

8 home intrusion detection systems in the homes of federal 

9 judges, to remain available until September 30, 2006: Pro10 vided, That the amount provided under this heading is des11 ignated as an emergency requirement pursuant to section 

12 402 of the conference report to accompany S. Con. Res. 95 

13 (108th Congress). 

14 FEDERAL BUREAU OF INVESTIGATION

15 SALARIES AND EXPENSES

16 For an additional amount for ‘‘Salaries and Ex17 penses’’, $66,512,000, to remain available until September 

18 30, 2006: Provided, That the amount provided under this 

19 heading is designated as an emergency requirement pursu20 ant to section 402 of the conference report to accompany 

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

22 In addition, notwithstanding any other provision of 

23 law, the Federal Bureau of Investigation shall have the au24 thority to execute a lease of up to 160,000 square feet of 
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1 space for the Terrorist Screening Center within the Wash2 ington, D.C. Metropolitan area. 

3 DRUG ENFORCEMENT ADMINISTRATION

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Salaries and Ex6 penses’’, $7,648,000, to remain available until September 

7 30, 2006: Provided, That the amount provided under this 

8 heading is designated as an emergency requirement pursu9 ant to section 402 of the conference report to accompany 

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

11 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

12 EXPLOSIVES

13 SALARIES AND EXPENSES

14 For an additional amount for ‘‘Salaries and Ex15 penses’’, $5,100,000, to remain available until September 

16 30, 2006: Provided, That the amount provided under this 

17 heading is designated as an emergency requirement pursu18 ant to section 402 of the conference report to accompany 

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

20 CHAPTER 2

21 DEPARTMENT OF ENERGY 

22 NATIONAL NUCLEAR SECURITY ADMINISTRATION

23 WEAPONS ACTIVITIES

24 For an additional amount for ‘‘Weapons Activities’’, 

25 $26,000,000, to remain available until expended: Provided, 
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1 That the amount provided under this heading is designated 

2 as an emergency requirement pursuant to section 402 of 

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

4 Congress). 

5 DEFENSE NUCLEAR NONPROLIFERATION

6 For an additional amount for ‘‘Defense Nuclear Non7 proliferation’’, $84,000,000, to remain available until ex8 pended: Provided, That the amount provided under this 

9 heading is designated as an emergency requirement pursu10 ant to section 402 of the conference report to accompany 

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

12 CHAPTER 3

13 DEPARTMENT OF HOMELAND SECURITY 

14 IMMIGRATION AND CUSTOMS ENFORCEMENT 

15 SALARIES AND EXPENSES

16 For an additional amount for ‘‘Salaries and Ex17 penses’’, $276,000,000, of which not less than $11,000,000 

18 shall be available for the costs of increasing by no less than 

19 seventy-nine the level of full-time equivalents on board on 

20 the date of enactment of this Act: Provided, That the 

21 amount provided under this heading is designated as an 

22 emergency requirement pursuant to section 402 of the con23 ference report to accompany S. Con. Res. 95 (108th Con24 gress). 
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1 REDUCTION IN FUNDING FOR DIPLOMATIC AND CONSULAR

2 PROGRAMS

3 The amount for ‘‘Diplomatic and Consular Programs’’ 

4 under chapter 2 of title II shall be $357,700,000. 

5 IMMIGRATION AND CUSTOMS ENFORCEMENT

6 SALARIES AND EXPENSES

7 For an additional amount for ‘‘Salaries and Ex8 penses’’, $389,613,000, of which $128,000,000, to remain 

9 available until September 30, 2006, shall be available for 

10 the enforcement of immigration and customs laws, deten11 tion and removal, and investigations, including the hiring 

12 of immigration investigators, enforcement agents, and de13 portation officers, and the provision of detention bed space, 

14 and of which the Assistant Secretary for Immigration and 

15 Customs Enforcement shall transfer (1) $179,745,000, to 

16 Customs and Border Protection, to remain available until 

17 September 30, 2006, for ‘‘SALARIES AND EXPENSES’’, for 

18 the hiring of Border Patrol agents and related mission sup19 port expenses and continued operation of unmanned aerial 

20 vehicles along the Southwest Border; (2) $67,438,000, to 

21 Customs and Border Protection, to remain available until 

22 expended, for ‘‘CONSTRUCTION’’; (3) $10,471,000, to the 

23 Federal Law Enforcement Training Center, to remain 

24 available until September 30, 2006, for ‘‘SALARIES AND EX25 PENSES’’; and (4) $3,959,000, to the Federal Law Enforce-
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1 ment Training Center, to remain available until expended, 

2 for ‘‘ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

3 RELATED EXPENSES’’, for the provision of training at the 

4 Border Patrol Academy. 

5 UNITED STATES COAST GUARD 

6 OPERATING EXPENSES

7 For an additional amount for ‘‘Operating Expenses’’, 

8 $111,950,000: Provided, That the amount provided under 

9 this heading is designated as an emergency requirement 

10 pursuant to section 402 of the conference report to accom11 pany S. Con. Res. 95 (108th Congress). 

12 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

13 For an additional amount for ‘‘Acquisition, Construc14 tion, and Improvements’’, $49,200,000, to remain available 

15 until September 30, 2007: Provided, That the amount pro16 vided under this heading is designated as an emergency re17 quirement pursuant to section 402 of the conference report 

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

19 CUSTOMS AND BORDER PROTECTION 

20 SALARIES AND EXPENSES

21 For an additional amount for ‘‘Salaries and Ex22 penses’’, for hiring border patrol agents, $105,451,000: Pro23 vided, That the amount provided under this heading is des24 ignated as an emergency requirement pursuant to section 
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1 402 of the conference report to accompany S. Con. Res. 95 

2 (108th Congress). 

3 CONSTRUCTION

4 For an additional amount for ‘‘Construction’’, 

5 $41,500,000, to remain available until expended: Provided, 

6 That the amount provided under this heading is designated 

7 as an emergency requirement pursuant to section 402 of 

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

9 Congress). 

10 REDUCTION IN FUNDING

11 The amount appropriated by title II for ‘‘Contribu12 tions to International Peacekeeping Activities’’ is hereby re13 duced by $146,951,000 and the total amount appropriated 

14 by title II is hereby reduced by $146,951,000. 

15 CHAPTER 4

16 CAPITOL POLICE 

17 SALARIES

18 For an additional amount for salaries of employees of 

19 the Capitol Police, including overtime, hazardous duty pay 

20 differential, and Government contributions for health, re21 tirement, social security, professional liability insurance, 

22 and other applicable employee benefits, $10,000,000, to re23 main available until expended: Provided, That the amount 

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

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

3 EXPENSES

4 For an additional amount for necessary expenses of 

5 the Capitol Police, $13,300,000, to remain available until 

6 expended: Provided, That the amount provided under this 

7 heading is designated as an emergency requirement pursu8 ant to section 402 of the conference report to accompany 

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

10 ARCHITECT OF THE CAPITOL 

11 CAPITOL POLICE BUILDINGS AND GROUNDS

12 For an additional amount for Capitol Police Build13 ings and Grounds, $23,000,000, to remain available until 

14 September 30, 2010: Provided, That the amount provided 

15 under this heading is designated as an emergency require16 ment pursuant to section 402 of the conference report to 

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

18 TITLE IV—INDIAN OCEAN TSUNAMI RELIEF 

19 CHAPTER 1

20 DEPARTMENT OF COMMERCE 

21 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

22 OPERATIONS, RESEARCH, AND FACILITIES

23 For an additional amount for ‘‘Operations, Research, 

24 and Facilities’’, $7,070,000, to remain available until Sep25 tember 30, 2007, for United States tsunami warning capa-
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1 bilities and operations: Provided, That the amount provided 

2 under this heading is designated as an emergency require3 ment pursuant to section 402 of the conference report to 

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

5 PROCUREMENT, ACQUISITION AND CONSTRUCTION

6 For an additional amount for ‘‘Procurement, Acquisi7 tion and Construction’’, $10,170,000, to remain available 

8 until September 30, 2008, for United States tsunami warn9 ing capabilities: Provided, That the amount provided under 

10 this heading is designated as an emergency requirement 

11 pursuant to section 402 of the conference report to accom12 pany S. Con. Res. 95 (108th Congress). 

13 CHAPTER 2

14 DEPARTMENT OF DEFENSE—MILITARY 

15 OPERATION AND MAINTENANCE 

16 OPERATION AND MAINTENANCE, NAVY

17 For an additional amount for ‘‘Operation and Mainte18 nance, Navy’’, $124,100,000: Provided, That the amount 

19 provided under this heading is designated as an emergency 

20 requirement pursuant to section 402 of the conference report 

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

22 OPERATION AND MAINTENANCE, MARINE CORPS

23 For an additional amount for ‘‘Operation and Mainte24 nance, Marine Corps’’, $2,800,000: Provided, That the 

25 amount provided under this heading is designated as an 

26 emergency requirement pursuant to section 402 of the con-
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1 ference report to accompany S. Con. Res. 95 (108th Con2 gress). 

3 OPERATION AND MAINTENANCE, AIR FORCE

4 For an additional amount for ‘‘Operation and Mainte5 nance, Air Force’’, $30,000,000: Provided, That the amount 

6 provided under this heading is designated as an emergency 

7 requirement pursuant to section 402 of the conference report 

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

9 OPERATION AND MAINTENANCE, DEFENSE-WIDE

10 For an additional amount for ‘‘Operation and Mainte11 nance, Defense-Wide’’, $29,150,000: Provided, That the 

12 amount provided under this heading is designated as an 

13 emergency requirement pursuant to section 402 of the con14 ference report to accompany S. Con. Res. 95 (108th Con15 gress). 

16 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

17 For an additional amount for ‘‘Overseas Humani18 tarian, Disaster, and Civic Aid’’, $36,000,000, to remain 

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

20 amount provided under this heading is designated as an 

21 emergency requirement pursuant to section 402 of the con22 ference report to accompany S. Con. Res. 95 (108th Con23 gress). 
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1 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

2 DEFENSE HEALTH PROGRAM

3 For an additional amount for ‘‘Defense Health Pro4 gram’’, $3,600,000 for Operation and maintenance: Pro5 vided, That the amount provided under this heading is des6 ignated as an emergency requirement pursuant to section 

7 402 of the conference report to accompany S. Con. Res. 95 

8 (108th Congress). 

9 CHAPTER 3

10 DEPARTMENT OF HOMELAND SECURITY 

11 UNITED STATES COAST GUARD 

12 OPERATING EXPENSES

13 For an additional amount for ‘‘Operating Expenses’’, 

14 $350,000: Provided, That the amount provided under this 

15 heading is designated as an emergency requirement pursu16 ant to section 402 of the conference report to accompany 

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

18 CHAPTER 4

19 DEPARTMENT OF THE INTERIOR 

20 UNITED STATES GEOLOGICAL SURVEY

21 SURVEYS, INVESTIGATIONS, AND RESEARCH

22 For an additional amount for ‘‘Surveys, Investiga23 tions, and Research’’, $8,100,000, to remain available until 

24 September 30, 2006: Provided, That the amount provided 

25 under this heading is designated as an emergency require-
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1 ment pursuant to section 402 of the conference report to 

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

3 CHAPTER 5

4 FUNDS APPROPRIATED TO THE PRESIDENT 

5 OTHER BILATERAL ASSISTANCE 

6 TSUNAMI RECOVERY AND RECONSTRUCTION FUND

7 (INCLUDING TRANSFERS OF FUNDS)

8 For necessary expenses to carry out the Foreign Assist9 ance Act of 1961, for emergency relief, rehabilitation, and 

10 reconstruction aid to countries affected by the tsunami and 

11 earthquakes of December 2004 and March 2005, and the 

12 Avian influenza virus, $656,000,000, to remain available 

13 until September 30, 2006: Provided, That these funds may 

14 be transferred by the Secretary of State to Federal agencies 

15 or accounts for any activity authorized under part I (in16 cluding chapter 4 of part II) of the Foreign Assistance Act, 

17 or under the Agricultural Trade Development and Assist18 ance Act of 1954, to accomplish the purposes provided here19 in: Provided further, That upon a determination that all 

20 or part of the funds so transferred from this appropriation 

21 are not necessary for the purposes provided herein, such 

22 amounts may be transferred back to this appropriation: 

23 Provided further, That funds appropriated under this head24 ing may be used to reimburse fully accounts administered 

25 by the United States Agency for International Development 
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1 for obligations incurred for the purposes provided under 

2 this heading prior to enactment of this Act, including Pub3 lic Law 480 Title II grants: Provided further, That of the 

4 amounts provided herein: up to $10,000,000 may be trans5 ferred to and consolidated with ‘‘Development Credit Au6 thority’’ for the cost of direct loans and loan guarantees 

7 as authorized by sections 256 and 635 of the Foreign Assist8 ance Act of 1961 in furtherance of the purposes of this head9 ing; up to $20,000,000 may be transferred to and consoli10 dated with ‘‘Operating Expenses of the United States Agen11 cy for International Development’’, of which up to 

12 $2,000,000 may be used for administrative expenses to 

13 carry out credit programs administered by the United 

14 States Agency for International Development in furtherance 

15 of the purposes of this heading; up to $100,000,000 may 

16 be transferred to and consolidated with ‘‘Operating Ex17 penses of the United States Agency for International Devel18 opment Office of Inspector General’’; and up to $5,000,000 

19 may be transferred to and consolidated with ‘‘Emergencies 

20 in the Diplomatic and Consular Service’’ for the purpose 

21 of providing support services for United States citizen vic22 tims and related operations: Provided further, That of the 

23 funds appropriated under this heading, not less than 

24 $5,000,000 shall be made available for environmental recov25 ery activities in tsunami affected countries: Provided fur-
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1 ther, That of the funds appropriated under this heading, 

2 not less than $10,000,000 should be made available for pro3 grams and activities which create new economic opportuni4 ties for women: Provided further, That of the funds appro5 priated under this heading, not less than $12,000,000 

6 should be made available for programs to address the needs 

7 of people with physical and mental disabilities resulting 

8 from the tsunami: Provided further, That of the funds ap9 propriated under this heading, not less than $25,000,000 

10 should be made available to support initiatives that focus 

11 on the immediate and long-term needs of children for pro12 tection and permanency, including the registration of unac13 companied children, the reunification of children with their 

14 immediate or extended families, assistance to improve the 

15 capacity of governments and appropriate private entities 

16 to facilitate domestic and international adoption of or17 phaned children, the protection of women and children from 

18 violence and exploitation, and activities designed to prevent 

19 the capture of children by armed forces and promote the 

20 integration of war affected youth: Provided further, That 

21 of the funds appropriated under this heading, not less that 

22 $20,000,000 should be made available for microcredit pro23 grams in countries affected by the tsunami, to be adminis24 tered by the United States Agency for International Devel25 opment: Provided further, That of the funds appropriated 
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1 under this heading, not less than $25,000,000 shall be made 

2 available for programs to prevent the spread of the Avian 

3 influenza virus, to be administered by the United States 

4 Agency for International Development: Provided further, 

5 That of the funds appropriated under this heading, 

6 $1,500,000 shall be made available for trafficking in per7 sons monitoring and prevention programs and activities in 

8 tsunami affected countries: Provided further, That funds 

9 appropriated under this heading shall be made subject to 

10 the regular notification procedures of the Committees on 

11 Appropriations, except that such notifications shall be sub12 mitted no less than five days prior to the obligation of 

13 funds: Provided further, That the President is hereby au14 thorized to defer and reschedule for such period as he may 

15 deem appropriate any amounts owed to the United States 

16 or any agency of the United States by those countries sig17 nificantly affected by the tsunami and earthquakes of De18 cember 2004, including the Republic of Indonesia, the Re19 public of Maldives and the Democratic Socialist Republic 

20 of Sri Lanka: Provided further, That of the funds appro21 priated under this heading, up to $45,000,000 may be made 

22 available for the modification costs, as defined in section 

23 502 of the Congressional Budget Act of 1974, if any, associ24 ated with any deferral and rescheduling authorized under 

25 this heading: Provided further, That such amounts shall not 
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1 be considered ‘‘assistance’’ for the purposes of provisions of 

2 law limiting assistance to any such affected country: Pro3 vided further, That the amount provided under this heading 

4 is designated as an emergency requirement pursuant to sec5 tion 402 of the conference report to accompany S. Con. Res. 

6 95 (108th Congress). 

7 GENERAL PROVISIONS, THIS CHAPTER 

8 ANNUAL LIMITATION

9 SEC. 4501. Amounts made available pursuant to sec10 tion 492(b) of the Foreign Assistance Act of 1961, as 

11 amended (22 U.S.C. 2292a), to address relief and rehabili12 tation needs for countries affected by the Indian Ocean tsu13 nami and earthquakes of December 2004 and March 2005, 

14 prior to the enactment of this Act, shall be in addition to 

15 the amount that may be obligated in fiscal year 2005 under 

16 that section. 

17 AUTHORIZATION OF FUNDS

18 SEC. 4502. Funds appropriated by this chapter and 

19 chapter 2 of title II may be obligated and expended notwith20 standing section 15 of the State Department Basic Authori21 ties Act of 1956, section 313 of the Foreign Relations Au22 thorization Act, Fiscal Years 1994 and 1995 (Public Law 

23 103–236), section 10 of Public Law 91–672 (22 U.S.C. 

24 2412), and section 504(a)(1) of the National Security Act 

25 of 1947 (50 U.S.C. 414(a)(1)). 
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1 TITLE V—OTHER EMERGENCY APPROPRIATIONS 

2 CHAPTER 1 

3 DEPARTMENT OF AGRICULTURE 

4 COOPERATIVE STATE RESEARCH, EDUCATION, AND

5 EXTENSION SERVICE

6 RESEARCH AND EDUCATION ACTIVITIES

7 For an additional amount for ‘‘Research and Edu8 cation Activities’’ to provide a grant to the University of 

9 Hawaii to partially offset the cost of damages to the re10 search and educational resources of the College of Tropical 

11 Agriculture and Human Resources incurred as a result of 

12 the catastrophic flood that occurred on October 30, 2004, 

13 as authorized by law, $3,000,000, to remain available until 

14 expended: Provided, That the amount provided under this 

15 heading is designated as an emergency requirement pursu16 ant to section 402 of the conference report to accompany 

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

18 NATURAL RESOURCES CONSERVATION SERVICE

19 EMERGENCY WATERSHED PROTECTION PROGRAM

20 For an additional amount for the emergency watershed 

21 protection program established under section 403 of the Ag22 ricultural Credit Act of 1978 (16 U.S.C. 2203) to repair 

23 damages to the waterways and watersheds resulting from 

24 natural disasters, $103,000,000, to remain available until 

25 expended: Provided, That of the amount provided, no less 
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1 than $66,000,000 shall be for eligible work in the State of 

2 Utah: Provided further, That notwithstanding any other 

3 provision of law, the Secretary of Agriculture shall count 

4 local financial and technical resources, including in-kind 

5 materials and services, contributed toward recovery from 

6 the flooding events of January 2005 in Washington County, 

7 Utah, toward local matching requirements for the emer8 gency watershed protection program assistance provided to 

9 Washington County, Utah: Provided further, That the 

10 amount provided under this heading is designated as an 

11 emergency requirement pursuant to section 402 of the con12 ference report to accompany S. Con. Res. 95 (108th Con13 gress). 

14 GENERAL PROVISIONS, THIS CHAPTER 

15 RURAL HOUSING SERVICE

16 SEC. 5101. Hereafter, notwithstanding any other pro17 vision of law, the Secretary of Agriculture may transfer any 

18 unobligated amounts made available under the heading 

19 ‘‘Rural Housing Service’’, ‘‘Rural Housing Insurance Fund 

20 Program Account’’ in chapter 1 of title II of Public Law 

21 106–246 (114 Stat. 540) to the Rural Housing Service 

22 ‘‘Rental Assistance Program’’ account for projects in North 

23 Carolina: Provided, That the amounts made available by 

24 the transfer of funds in or pursuant to this section are des25 ignated as an emergency requirement pursuant to section 
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1 402 of the conference report to accompany S. Con. Res. 95 

2 (108th Congress). 

3 RURAL HOUSING ASSISTANCE GRANTS

4 SEC. 5102. The Secretary of Agriculture shall consider 

5 the Village of New Miami (Ohio) to be eligible for loans 

6 and grants provided through the Rural Housing Assistance 

7 Grants program. 

8 NATURAL RESOURCES CONSERVATION SERVICE

9 SEC. 5103. (a) Notwithstanding any other provision 

10 of law, the Natural Resources Conservation Service shall 

11 provide financial and technical assistance to carry out 

12 measures (including research, engineering operations, meth13 ods of cultivation, the growing of vegetation, rehabilitation 

14 of existing works, and changes in the use of land) to prevent 

15 damage to the Manoa watershed in Hawaii. 

16 (b) There is hereby appropriated $15,000,000, to re17 main available until expended, to carry out provisions of 

18 subsection (a): Provided, That the amounts provided under 

19 this section are designated as an emergency requirement 

20 pursuant to section 402 of the conference report to accom21 pany S. Con. Res. 95 (108th Congress). 

22 WATERSHED PROJECTS IN WEST VIRGINIA

23 SEC. 5104. Of the amount provided to the Secretary 

24 of Agriculture under the Consolidated Appropriations Act, 

25 2005 (Public Law 108–447) for the Lost River Watershed 

26 project, West Virginia, $4,000,000 may be transferred to the 
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1 Upper Tygart Watershed project, West Virginia, to be used 

2 under the same terms and conditions under which funds 

3 for that project were appropriated in section 735 of the Con4 solidated Appropriations Act, 2004 (Public Law 108-199; 

5 118 Stat. 36). 

6 FARM SERVICE AGENCY

7 SEC. 5105. The funds made available in section 786 

8 of title VII of the Agriculture, Rural Development, Food 

9 and Drug Administration, and Related Agencies Appro10 priations Act, 2005 as contained in division A of the Con11 solidated Appropriations Act, 2005 (Public Law 108–447) 

12 may be applied to accounts of Alaska dairy farmers owed 

13 to the Secretary of Agriculture. 

14 CHAPTER 2

15 DEPARTMENT OF THE INTERIOR 

16 DEPARTMENTAL MANAGEMENT

17 SALARIES AND EXPENSES

18 For an additional amount for ‘‘Departmental Manage19 ment’’, $3,000,000 to support deployment of business sys20 tems to the bureaus and offices of the Department of the 

21 Interior, including the Financial and Business Manage22 ment System: Provided, That the amount provided under 

23 this heading is designated as an emergency requirement 

24 pursuant to section 402 of the conference report to accom25 pany S. Con. Res. 95 (108th Congress). 
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1 DEPARTMENT OF AGRICULTURE 

2 FOREST SERVICE

3 NATIONAL FOREST SYSTEM

4 For an additional amount for ‘‘National Forest Sys5 tem’’ to pay necessary expenses of the Forest Service to re6 store land and facilities in the State of California damaged 

7 by torrential rainfall during fiscal year 2005, $2,410,000: 

8 Provided, That the amount provided under this heading is 

9 designated as an emergency requirement pursuant to sec10 tion 402 of the conference report to accompany S. Con. Res. 

11 95 (108th Congress). 

12 CAPITAL IMPROVEMENT AND MAINTENANCE

13 For an additional amount for ‘‘Capital Improvement 

14 and Maintenance’’ to pay necessary expenses of the Forest 

15 Service to construct, repair, decommission, and maintain 

16 forest roads and trails in the Angeles National Forest, 

17 Cleveland National Forest, Los Padres National Forest, and 

18 San Bernardino National Forest, $31,980,000: Provided, 

19 That the amount provided under this heading is designated 

20 as an emergency requirement pursuant to section 402 of 

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

22 Congress). 
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1 CHAPTER 3

2 DEPARTMENT OF HEALTH AND HUMAN 

3 SERVICES 

4 OFFICE OF THE SECRETARY

5 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

6 (INCLUDING RESCISSIONS OF FUNDS)

7 For an additional amount for the ‘‘Public Health and 

8 Social Services Emergency Fund’’ in title II of Public Law 

9 108–447, $10,000,000, to remain available until expended, 

10 for infrastructure grants to improve the supply of domesti11 cally produced vaccine: Provided, That the entire amount 

12 is designated as an emergency requirement pursuant to sec13 tion 402 of the conference report to accompany S. Con. Res. 

14 95 (108th Congress): Provided further, That under the head15 ing ‘‘Health Resources and Services Administration, Health 

16 Resources and Services’’, the unobligated balance for the 

17 Health Professions Teaching Facilities Program authorized 

18 in sections 726 and 805 of the Public Health Service Act; 

19 the unobligated balance of the Health Teaching Construc20 tion Interest Subsidy Program authorized in section 726 

21 and title XVI of the Public Health Service Act; and the un22 obligated balance of the AIDS Facilities Renovation and 

23 Support Program authorized in title XVI of the Public 

24 Health Service Act are all hereby rescinded: Provided fur25 ther, That under the heading ‘‘Office of the Secretary, Office 

26 of the Inspector General’’, the unobligated balance of the 
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1 Medicaid Fraud Control Program authorized in section 

2 1903 of the Social Security Act and appropriated to the 

3 Office of the Inspector General in the Department of Health 

4 and Human Services is hereby rescinded: Provided further, 

5 That under the heading ‘‘Assistant Secretary for Health 

6 Scientific Activities Overseas (Special Foreign Currency 

7 Program)’’ the unobligated balance of the Scientific Activi8 ties Overseas (Special Foreign Currency Program) account 

9 within the Department of Health and Human Services is 

10 hereby rescinded. 

11 RELATED AGENCY 

12 INSTITUTE OF MUSEUM LIBRARY SERVICES

13 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND

14 ADMINISTRATION

15 For an additional amount for the ‘‘Institute of Mu16 seum and Library Services, Office of Museum and Library 

17 Services: Grants and Administration’’, $10,000,000, to be 

18 available until expended, for the Hamilton Library at the 

19 University of Hawaii at Manoa, including replacing the 

20 collections at the regional federal depository library: Pro21 vided, That the entire amount is designated as an emer22 gency requirement pursuant to section 402 of the conference 

23 report to accompany S. Con. Res. 95 (108th Congress). 
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1 CHAPTER 4

2 THE JUDICIARY 

3 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

4 JUDICIAL SERVICES

5 SALARIES AND EXPENSES

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for ‘‘Salaries and Expenses, 

8 Courts of Appeals, District Courts and Other Judicial Serv9 ices’’ for unforeseen costs associated with increased immi10 gration-related filings, recent Supreme Court decisions, and 

11 recently enacted legislation, $65,000,000, to remain avail12 able until September 30, 2006: Provided, That notwith13 standing section 302 of division B of Public Law 108–477, 

14 such sums shall be available for transfer to accounts within 

15 the Judiciary subject to section 605 of said Act: Provided 

16 further, That the amount provided under this heading is 

17 designated as an emergency requirement pursuant to sec18 tion 402 of the conference report to accompany S. Con. Res. 

19 95 (108th Congress). 

20 DEPARTMENT OF HOUSING AND URBAN 

21 DEVELOPMENT 

22 HOUSING PROGRAMS

23 HOUSING FOR PERSONS WITH DISABILITIES

24 (INCLUDING RESCISSION OF FUNDS)

25 Of the amount made available under this heading in 

26 Public Law 108–447, $238,080,000 are rescinded. 
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1 For an additional amount for ‘‘Housing for Persons 

2 with Disabilities’’, $238,080,000, to remain available until 

3 September 30, 2006: Provided, That these funds shall be 

4 available under the same terms and conditions as author5 ized for funds under this heading in Public Law 108–447. 

6 OFFICE OF FEDERAL HOUSING ENTERPRISE 

7 OVERSIGHT 

8 SALARIES AND EXPENSES 

9 (INCLUDING TRANSFER OF FUNDS)

10 For an additional amount for the ‘‘Office of Federal 

11 Housing Enterprise Oversight’’ for carrying out the Federal 

12 Housing Enterprises Financial Safety and Soundness Act 

13 of 1992, $5,000,000 to remain available until expended, to 

14 be derived from the Federal Housing Enterprises Oversight 

15 Fund: Provided, That not to exceed the amount provided 

16 herein shall be available from the general fund of the Treas17 ury to the extent necessary to incur obligations and make 

18 expenditures pending the receipt of collections to the Fund: 

19 Provided further, That the general fund amount shall be 

20 reduced as collections are received during the fiscal year 

21 so as to result in a final appropriation from the general 

22 fund estimated at not more than $0. 
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1 GENERAL PROVISION, THIS CHAPTER 

2 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

3 SEC. 5401. (a) Notwithstanding any other provision 

4 of law, the Secretary of Housing and Urban Development 

5 shall make a grant to the University of Hawaii to cover 

6 unreimbursed expenses associated with costs resulting from 

7 the catastrophic flood that occurred on October 30, 2004. 

8 (b) There is hereby appropriated $10,000,000, to re9 main available until expended, to carry out provisions of 

10 subsection (a): Provided, That the amount provided under 

11 this section is designated as an emergency requirement pur12 suant to section 402 of the conference report to accompany 

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

14 TITLE VI—GENERAL PROVISIONS AND 

15 TECHNICAL CORRECTIONS 

16 AVAILABILITY OF FUNDS

17 SEC. 6001. No part of any appropriation contained 

18 in this Act shall remain available for obligation beyond the 

19 current fiscal year unless expressly so provided herein. 

20 TRANSFER AUTHORITY—DEPARTMENT OF JUSTICE

21 SEC. 6002. Notwithstanding section 106 of title I of 

22 division B of Public Law 108–447, the Department of Jus23 tice may transfer funds from any Department of Justice 

24 account, except ‘‘Buildings and Facilities, Federal Prison 

25 System’’ and ‘‘Office of Justice Programs’’ accounts, to the 

26 ‘‘Detention Trustee’’ account: Provided, That the notifica-
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1 tion requirement in section 605 of title VI of division B 

2 of Public Law 108–447 shall apply to any such transfers. 

3 SPACE CONSIDERATIONS—FEDERAL BUREAU OF

4 INVESTIGATION

5 SEC. 6003. Notwithstanding any other provision of 

6 law, the Special Technologies and Application Section 

7 within the Federal Bureau of Investigation shall have the 

8 authority to use existing resources to acquire, renovate, and 

9 occupy up to 175,000 square feet of additional facility space 

10 within its immediate surrounding area. 

11 TECHNICAL CORRECTIONS—NATIONAL OCEANIC AND

12 ATMOSPHERIC ADMINISTRATION—FISCAL YEAR 2005

13 SEC. 6004. The referenced statement of managers 

14 under the heading ‘‘National Oceanic and Atmospheric Ad15 ministration’’ in title II of division B of Public Law 108–

16 447 is deemed to be amended after ‘‘Bonneau Ferry, SC’’ 

17 by striking ‘‘20,000’’ and inserting ‘‘19,200’’: Provided, 

18 That these amounts are available for transfer to ‘‘Response 

19 and Restoration Base’’. 

20 SEC. 6005. The referenced statement of managers 

21 under the heading ‘‘National Oceanic and Atmospheric Ad22 ministration’’ in title II of division B of Public Law 108–

23 447 is deemed to be amended under the heading ‘‘Construc24 tion/Acquisition, Coastal and Estuarine Land Conservation 

25 Program’’ by striking ‘‘Tonner Canyon, CA’’ and inserting 

26 ‘‘Tolay Lake, Sonoma County, CA’’. 
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1 SEC. 6006. The referenced statement of managers 

2 under the heading ‘‘National Oceanic and Atmospheric Ad3 ministration’’ in title II of division B of Public Law 108–

4 447 is deemed to be amended under the heading ‘‘Construc5 tion/Acquisition, Coastal and Estuarine Land Conservation 

6 Program’’ by striking ‘‘Port Aransas Nature Preserve Wet7 lands Project, TX—3,000’’ and under the heading ‘‘Section 

8 2 (FWCA) Coastal/Estuarine Land Acquisition’’ by insert9 ing ‘‘Port Aransas Nature Preserve Wetlands Project, TX—

10 3,000’’. 

11 LOCAL BUDGET AUTHORITY FOR THE DISTRICT OF

12 COLUMBIA

13 SEC. 6007. The District of Columbia Appropriations 

14 Act, 2005 (Public Law 108–335) approved October 18, 

15 2004, is amended as follows: 

16 (1) Section 331 is amended as follows: 

17 (A) in the first sentence by striking 

18 ‘‘$15,000,000’’ and inserting ‘‘$42,000,000, to re19 main available until expended,’’ in its place, 

20 and 

21 (B) by amending subsection (5) to read as 

22 follows: 

23 ‘‘(5) The amounts may be obligated or expended 

24 only if the Mayor notifies the Committees on Appro25 priations of the House of Representatives and Senate 
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1 in writing 30 days in advance of any obligation or 

2 expenditure.’’. 

3 (2) By inserting a new section before the short 

4 title at the end to read as follows: 

5 ‘‘SEC. 348. The amount appropriated by this Act may 

6 be increased by an additional amount of $206,736,000 (in7 cluding $49,927,000 from local funds and $156,809,000 

8 from other funds) to be transferred by the Mayor of the Dis9 trict of Columbia to the various headings under this Act 

10 as follows: 

11 ‘‘(1) $174,927,000 (including $34,927,000 from 

12 local funds and $140,000,000 from other funds) shall 

13 be transferred under the heading ‘Government Direc14 tion and Support’: Provided, That of the funds, 

15 $33,000,000 from local funds shall remain available 

16 until expended: Provided further, That of the funds, 

17 $140,000,000 from other funds shall remain available 

18 until expended and shall only be available in conjunc19 tion with revenue from a private or alternative fi20 nancing proposal approved pursuant to section 106 of 

21 DC Act 15–717, the ‘Ballpark Omnibus Financing 

22 and Revenue Act of 2004’ approved by the District of 

23 Columbia, December 29, 2004, and 
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1 ‘‘(2) $15,000,000 from local funds shall be trans2 ferred under the heading ‘Repayment of Loans and 

3 Interest’, and 

4 ‘‘(3) $14,000,000 from other funds shall be trans5 ferred under the heading ‘Sports and Entertainment 

6 Commission’, and 

7 ‘‘(4) $2,809,000 from other funds shall be trans8 ferred under the heading ‘Water and Sewer Author9 ity’.’’. 

10 DE SOTO COUNTY, MISSISSIPPI

11 SEC. 6008. Section 219(f)(30) of the Water Resources 

12 Development Act of 1992 (106 Stat. 4835; 106 Stat. 3757; 

13 113 Stat. 334) is amended by striking ‘‘$20,000,000’’ and 

14 inserting ‘‘$55,000,000’’ in lieu thereof, and by striking 

15 ‘‘treatment’’ and inserting ‘‘infrastructure’’ in lieu thereof. 

16 SEC. 6009. The Secretary is authorized and directed 

17 to reimburse the non-Federal local sponsor of the project 

18 described in section 219(f)(30) of the Water Resources De19 velopment Act of 1992 (106 Stat. 4835; 106 Stat. 3757; 113 

20 Stat. 334) for costs incurred between May 13, 2002 and 

21 September 30, 2005 in excess of the required non-Federal 

22 share if the Secretary determines that such costs were in23 curred for work that is compatible with and integral to the 

24 project: Provided, That the non-Federal local sponsor, at its 

25 option, may choose to accept, in lieu of reimbursement, a 
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1 credit against the non-Federal share of project costs in2 curred after May 13, 2002. 

3 FORT PECK FISH HATCHERY, MONTANA

4 SEC. 6010. Section 325(f)(1)(A) of Public Law 106–

5 541 is modified by striking ‘‘$20,000,000’’ and inserting 

6 in lieu thereof ‘‘$25,000,000’’. 

7 ALI WAI CANAL, HAWAII

8 SEC. 6011. For an amount from within available 

9 funds from ‘‘General Investigations’’ for the expansion of 

10 studies necessitated by severe flooding, up to $1,800,000, to 

11 remain available until expended. 

12 INTERCOASTAL WATERWAY, DELAWARE RIVER TO

13 CHESAPEAKE BAY, SR–1 BRIDGE, DELAWARE

14 SEC. 6012. The first proviso under the heading ‘‘Oper15 ation and Maintenance’’ in title I of division C of Public 

16 Law 108–447 is amended by striking ‘‘October 1, 2003, and 

17 September 30, 2004’’ and inserting ‘‘October 1, 2004, and 

18 September 30, 2005’’. 

19 OFFSHORE OIL AND GAS FABRICATION PORTS

20 SEC. 6013. In determining the economic justification 

21 for navigation projects involving offshore oil and gas fab22 rication ports, the Secretary of the Army, acting through 

23 the Chief of Engineers, is directed to measure and include 

24 in the National Economic Development calculation the 

25 value of future energy exploration and production fabrica-
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1 tion contracts and transportation cost savings that would 

2 result from larger navigation channels. 

3 MC CLELLAN KERR NAVIGATION SYSTEM ADVANCED

4 OPERATION AND MAINTENANCE

5 SEC. 6014. The last proviso under the heading ‘‘Oper6 ation and Maintenance’’ in title I of division C of Public 

7 Law 108–447 is amended by striking ‘‘Public Law 108–

8 357’’ and inserting ‘‘Public Law 108–137’’. 

9 SILVERY MINNOW OFF-CHANNEL SANCTUARIES

10 SEC. 6015. The Secretary of the Interior is authorized 

11 to perform such analyses and studies as needed to determine 

12 the viability of establishing an off-channel sanctuary for the 

13 Rio Grande Silvery Minnow in the Middle Rio Grande Val14 ley. In conducting these studies, the Secretary shall take 

15 into consideration: 

16 (1) providing off-channel, naturalistic habitat 

17 conditions for propagation, recruitment, and mainte18 nance of Rio Grande silvery minnows; and 

19 (2) minimizing the need for acquiring water or 

20 water rights to operate the sanctuary. 

21 If the Secretary determines the project to be viable, the 

22 Secretary is further authorized to design and construct the 

23 sanctuary and to thereafter operate and maintain the sanc24 tuary. The Secretary may enter into grant agreements, co25 operative agreements, financial assistance agreements, 
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1 interagency agreements, and contracts with Federal and 

2 non-Federal entities to carry out the purposes of this Act. 

3 DESALINATION ACT EXTENSION

4 SEC. 6016. Section 8 of Public Law 104–298 (The 

5 Water Desalination Act of 1996) (110 Stat. 3624) as 

6 amended by section 210 of Public Law 108–7 (117 Stat. 

7 146) is amended by—

8 (1) in paragraph (a) by striking ‘‘2004’’ and in9 serting in lieu thereof ‘‘2009’’; and 

10 (2) in paragraph (b) by striking ‘‘2004’’ and in11 serting in lieu thereof ‘‘2009’’. 

12 AGRICULTURAL AND NATURAL RESOURCES OF THE

13 WALKER RIVER BASIN

14 SEC. 6017. (a)(1) Using amounts made available 

15 under section 2507 of the Farm and Security Rural Invest16 ment Act of 2002 (43 U.S.C. 2211 note; Public Law 107–

17 171), the Secretary of the Interior (referred to in this section 

18 as the ‘‘Secretary’’), acting through the Commissioner of 

19 Reclamation, shall provide not more than $850,000 to pay 

20 the State of Nevada’s share of the costs for the Humboldt 

21 Project conveyance required under—

22 (A) title VIII of the Clark County Conservation 

23 of Public Land and Natural Resources Act of 2002 

24 (116 Stat. 2016); and 
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1 (B) section 217(a)(3) of the Energy and Water 

2 Development Appropriations Act, 2004 (117 Stat. 

3 1853). 

4 (2) Amounts provided under paragraph (1) may be 

5 used to pay—

6 (A) administrative costs; 

7 (B) the costs associated with complying with—

8 (i) the National Environmental Policy Act 

9 of 1969 (42 U.S.C. 4321 et seq.); and 

10 (ii) the National Historic Preservation Act 

11 (16 U.S.C. 470 et seq.); and 

12 (C) real estate transfer costs. 

13 (b)(1) Using amounts made available under section 

14 2507 of the Farm and Security Rural Investment Act of 

15 2002 (43 U.S.C. 2211 note; Public Law 107–171), the Sec16 retary shall provide not more than $70,000,000 to the Uni17 versity of Nevada—

18 (A) to acquire from willing sellers land, water 

19 appurtenant to the land, and related interests in the 

20 Walker River Basin, Nevada; and 

21 (B) to establish and administer an agricultural 

22 and natural resources center, the mission of which 

23 shall be to undertake research, restoration, and edu24 cational activities in the Walker River Basin relating 

25 to—
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1 (i) innovative agricultural water conserva2 tion; 

3 (ii) cooperative programs for environmental 

4 restoration; 

5 (iii) fish and wildlife habitat restoration; 

6 and 

7 (iv) wild horse and burro research and 

8 adoption marketing. 

9 (2) In acquiring land, water, and related interests 

10 under paragraph (1)(A), the University of Nevada shall 

11 make acquisitions that the University determines are the 

12 most beneficial to—

13 (A) the establishment and operation of the agri14 cultural and natural resources research center author15 ized under paragraph (1)(B); and 

16 (B) environmental restoration in the Walker 

17 River Basin. 

18 (c)(1) Using amounts made available under section 

19 2507 of the Farm and Security Rural Investment Act of 

20 2002 (43 U.S.C. 2211 note; Public Law 107–171), the Sec21 retary shall provide not more than $10,000,000 for a water 

22 lease and purchase program for the Walker River Paiute 

23 Tribe. 

24 (2) Water acquired under paragraph (1) shall be—

25 (A) acquired only from willing sellers; 
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1 (B) designed to maximize water conveyances to 

2 Walker Lake; and 

3 (C) located only within the Walker River Paiute 

4 Indian Reservation. 

5 (d) Using amounts made available under section 2507 

6 of the Farm and Security Rural Investment Act of 2002 

7 (43 U.S.C. 2211 note; Public Law 107–171), the Secretary, 

8 acting through the Commissioner of Reclamation, shall pro9 vide—

10 (1) $10,000,000 for tamarisk eradication, ripar11 ian area restoration, and channel restoration efforts 

12 within the Walker River Basin that are designed to 

13 enhance water delivery to Walker Lake, with priority 

14 given to activities that are expected to result in the 

15 greatest increased water flows to Walker Lake; and 

16 (2) $5,000,000 to the United States Fish and 

17 Wildlife Service, the Walker River Paiute Tribe, and 

18 the Nevada division of Wildlife to undertake activi19 ties, to be coordinated by the Director of the United 

20 States Fish and Wildlife Service, to complete the de21 sign and implementation of the Western Inland Trout 

22 Initiative and Fishery Improvements in the State of 

23 Nevada with an emphasis on the Walker River Basin. 

24 OFFICE OF SCIENCE

25 SEC. 6018. In division C, title III of the Consolidated 

26 Appropriations Act, 2005 (Public Law 108–447), the item 
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1 relating to ‘‘Department of Energy, Energy Programs, 

2 Science’’ is amended by inserting ‘‘: Provided, That 

3 $2,000,000 is provided within available funds to continue 

4 funding for project #DE–FG0204ER63842–04090945, the 

5 Southeast Regional Cooling, Heating and Power and Bio6 Fuel Application Center, and $3,000,000 is provided from 

7 within available funds for the University of Texas South8 western Medical Center, University of Texas at Dallas 

9 Metroplex Comprehensive Imaging Center: Provided fur10 ther, That within funds made available herein $500,000 is 

11 provided for the desalination plant technology program at 

12 the University of Nevada-Reno (UNR) and $500,000 for the 

13 Oral History of the Negotiated Settlement project at UNR: 

14 Provided further, That $4,000,000 is to be provided from 

15 within available funds to the Fire Sciences Academy in 

16 Elko, Nevada, for purposes of capital debt service’’ after 

17 ‘‘$3,628,902,000’’. 

18 WEAPONS ACTIVITIES

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 6019. In division C, title III of the Consolidated 

21 Appropriations Act, 2005 (Public Law 108–447), the item 

22 relating to ‘‘Atomic Energy Defense Activities, National 

23 Nuclear Security Administration, Weapons Activities’’ is 

24 amended by inserting after ‘‘various locations’’ the fol25 lowing: ‘‘: Provided further, That $3,000,000 shall be used 

26 to continue funding of project #DE–FC04–02AL68107, the 
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1 Technology Ventures Corporation: Provided further, That 

2 notwithstanding the provisions of section 302 of Public Law 

3 102–377 and section 4705 of Public Law 107–314, as 

4 amended, the Department may transfer up to $10,000,000 

5 from the Weapons Activities appropriation for purposes of 

6 carrying out section 3147 of the Ronald W. Reagan Na7 tional Defense Authorization Act for Fiscal Year 2005, Pub8 lic Law 108–375’’. 

9 DEFENSE SITE ACCELERATION COMPLETION

10 SEC. 6020. In division C, title III of the Consolidated 

11 Appropriations Act, 2005 (Public Law 108–447), the item 

12 relating to ‘‘Atomic Energy Defense Activities, Environ13 mental and Other Defense Activities, Defense Site Accelera14 tion Completion’’ is amended by inserting before the period 

15 the following: ‘‘: Provided, That $4,000,000 is to be provided 

16 from within available funds for the cleanup of lands trans17 ferred from NNSA to Los Alamos County or Los Alamos 

18 School District’’. 

19 DEFENSE ENVIRONMENTAL SERVICES

20 SEC. 6021. To the extent activities directed to be fund21 ed from within division C, title III of the Consolidated Ap22 propriations Act, 2005 (Public Law 108–447), in division 

23 C, title III of the Consolidated Appropriations Act, 2005 

24 (Public Law 104–447), the item relating to the ‘‘Atomic En25 ergy Defense Activities, National Nuclear Security Admin26 istration, Environmental and Other Defense Activities, De-
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1 fense Environmental Services’’ is amended by inserting be2 fore the period the following: ‘‘: Provided, That to the extent 

3 activities to be funded within the ‘Defense Environmental 

4 Services’ cannot be funded without unduly impacting mis5 sion activities and statutory requirements, up to 

6 $30,000,000 from ‘Defense Site Acceleration Completion’ 

7 may be used for these activities’’. 

8 CHERNOBYL RESEARCH AND SERVICE PROJECT

9 SEC. 6022. In division C, title III of the Consolidated 

10 Appropriations Act, 2005 (Public Law 104–447), the item 

11 relating to the ‘‘Atomic Energy Defense Activities, National 

12 Nuclear Security Administration, Environmental and 

13 Other Defense Activities, Other Defense Activities’’ is 

14 amended by inserting before the period the following: ‘‘: 

15 Provided, That $5,000,000 is to be provided from within 

16 available funds to initiate the Chernobyl Research and 

17 Service Project to support radiation effects during the 

18 Chernobyl Shelter Implementation Plan within the Office 

19 of Environment Safety and Health’’. 

20 DEPARTMENT OF ENERGY SMALL BUSINESS CONTRACTS

21 SEC. 6023. Section 15(g) of the Small Business Act 

22 (15 U.S.C. § 644), is amended by adding the following new 

23 paragraph: 

24 ‘‘(3) For purposes of this section, the term ‘prime con25 tract’ shall, with respect to the Department of Energy, mean 

26 prime contracts awarded by the Department of Energy, and 
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1 subcontracts awarded by Department of Energy manage2 ment and operating contractors, management and integra3 tion contractors, major facilities management contractors, 

4 and contractors that have entered into similar contracts for 

5 management of a departmental facility. Contracting goals 

6 established for the Department of Energy under this section 

7 shall be set at a level not greater than the applicable Gov8 ernment-wide goal.’’. 

9 YUCCA MOUNTAIN

10 SEC. 6024. Title III of division C of the Consolidated 

11 Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 

12 2951) is amended in the matter under the heading ‘‘Nuclear 

13 Waste Disposal’’—

14 (1) by inserting ‘‘to be derived from the Nuclear 

15 Waste Fund and’’ after ‘‘$346,000,000,’’; and 

16 (2) in the second proviso, by striking ‘‘to conduct 

17 scientific oversight responsibilities and participate in 

18 licensing activities pursuant to the Act’’ and insert19 ing ‘‘to participate in licensing activities and other 

20 appropriate activities pursuant to that Act’’. 

21 POWER MARKETING ADMINISTRATION

22 SEC. 6025. In division C, title III of the Consolidated 

23 Appropriations Act, 2005 (Public Law 108–447), the item 

24 relating to ‘‘Construction, Rehabilitation, Operation and 

25 Maintenance, Western Area Power Administration’’ is 

26 amended by inserting before the period at the end the fol-
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1 lowing: ‘‘: Provided further, That of the amount herein ap2 propriated, $500,000 is provided on a non-reimbursable 

3 basis from within available funds for a transmission study 

4 on the placement of 500 megawatts of wind energy in North 

5 Dakota and South Dakota’’. 

6 DEPARTMENT OF HOMELAND SECURITY

7 REVOLVING FUNDS

8 SEC. 6026. (a) The Department of Homeland Security 

9 ‘‘Working Capital Fund’’ is abolished and any remaining 

10 unobligated or unexpended fund balances shall be imme11 diately transferred to the ‘‘Office of the Chief Financial Of12 ficer’’ and shall be subject to section 503 of Public Law 108–

13 334. 

14 (b) The Department of Homeland Security may not 

15 use any funds made available under section 403 of the Gov16 ernment Management Reform Act of 1994 (Public Law 

17 103–356). 

18 (c)(1) There is established the ‘‘Continuity of Govern19 ment Operations and Emergency Management Revolving 

20 Fund’’ (in this subsection referred to as the ‘‘Revolving 

21 Fund’’) which shall be administered by a board of directors 

22 designated by the Under Secretary for Emergency Pre23 paredness and Response. 

24 (2) There shall be deposited into the Revolving Fund 

25 such amounts—
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1 (A) that would have been deposited into the 

2 ‘‘Working Capital Fund’’ abolished under subsection 

3 (a) in accordance with any memorandum of under4 standing between the Federal Emergency Management 

5 Agency and any agency or other entity providing for 

6 the funding of the ‘‘Working Capital Fund’’ before the 

7 date of enactment of Public Law 107–296; 

8 (B) provided for in any other memorandum of 

9 understanding approved by the board of directors 

10 after the date of enactment of this Act; and 

11 (C) derived from agreements defined in (c)(2)(A) 

12 that were transferred to the ‘‘Office of the Chief Fi13 nancial Officer’’ pursuant to subsection (a). 

14 (3) Funds in the Revolving Fund may be used only 

15 for activities and services relating to continuity of Govern16 ment and emergency management carried out by the Fed17 eral Emergency Management Agency before March 1, 2003, 

18 or approved by the Committees on Appropriations of the 

19 Senate and the House of Representatives. 

20 REPROGRAMMING PROVISIONS

21 SEC. 6027. Section 503 of the Department of Home22 land Security Appropriations Act, 2005 (118 Stat. 1315) 

23 is amended by striking subsection (d) and inserting the fol24 lowing: 

25 ‘‘(d) None of the funds provided by this Act, provided 

26 by previous appropriations Acts to the agencies in or trans-
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1 ferred to the Department of Homeland Security that remain 

2 available for obligation or expenditure in fiscal year 2005, 

3 or provided from any accounts in the Treasury of the 

4 United States derived by the collection of fees available to 

5 the agencies funded by this Act, shall be available for obliga6 tion or expenditure for any information technology project 

7 that: (1) is funded by the ‘Office of the Chief Information 

8 Officer’; or (2) is funded by multiple components through 

9 the use of reimbursable agreements; unless the Committees 

10 on Appropriations of the Senate and the House of Rep11 resentatives are notified 15 days in advance of such obliga12 tion of funds. 

13 ‘‘(e) Notifications of reprogrammings, transfers, and 

14 obligations pursuant to subsections (a), (b), (c) and (d) 

15 shall not be made later than June 30, 2005, except in ex16 traordinary circumstances which imminently threaten the 

17 safety of human life or the protection of property.’’. 

18 SEC. 6028. Any funds made available to the Depart19 ment of Homeland Security by this Act shall be subject to 

20 the terms and conditions of Title V of Public Law 108–

21 334. 

22 BUREAU OF LAND MANAGEMENT TECHNICAL CORRECTION

23 SEC. 6029. Section 144 of division E of Public Law 

24 108–447 is amended in paragraph (b)(2) by deleting ‘‘Sep25 tember 24, 2004’’ and inserting ‘‘November 12, 2004’’. 
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1 FOREST SERVICE TRANSFER

2 SEC. 6030. Funds in the amount of $1,500,000, pro3 vided in Public Law 108–447 for the ‘‘Forest Service, Cap4 ital Improvement and Maintenance’’ account, are hereby 

5 transferred to the ‘‘Forest Service, State and Private For6 estry’’ account. 

7 WEST YELLOWSTONE VISITOR INFORMATION CENTER

8 SEC. 6031. Notwithstanding any other provision of 

9 law, the National Park Service is authorized to expend ap10 propriated funds for the construction, operations and main11 tenance of an expansion to the West Yellowstone Visitor In12 formation Center to be constructed for visitors to, and ad13 ministration of, Yellowstone National Park. 

14 PESTICIDES TOLERANCE FEES

15 SEC. 6032. None of the funds in this or any other Ap16 propriations Act may be used by the Environmental Protec17 tion Agency or any other Federal agency to develop, pro18 mulgate, or publish a pesticides tolerance fee rulemaking. 

19 GULF ISLANDS NATIONAL SEASHORE

20 SEC. 6033. (a) The Secretary of the Interior shall allow 

21 the State of Mississippi, its lessees, contractors, and permit22 tees, to conduct, under reasonable regulation not incon23 sistent with timely and generally full extraction of the oil 

24 and gas minerals: 

25 (1) exploration, development and production op26 erations on sites outside the boundaries of Gulf Is-
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1 lands National Seashore that use directional drilling 

2 techniques which result in the drill hole crossing into 

3 the Gulf Islands National Seashore and passing under 

4 any land or water the surface of which is owned by 

5 the United States, including terminating in bottom 

6 hole locations thereunder; and 

7 (2) seismic and seismic-related exploration ac8 tivities inside the boundaries of Gulf Islands National 

9 Seashore related to extraction of the oil and gas lo10 cated within the boundaries of the Gulf Islands Na11 tional Seashore, all of which oil and gas is owned by 

12 the State of Mississippi. 

13 (b) The provisions of subsection (a) shall not take effect 

14 until the State of Mississippi enters into an agreement with 

15 the Secretary providing that any actions by the United 

16 States in relation to the provisions in this section shall not 

17 trigger any reverter of any estate conveyed by the State of 

18 Mississippi to the United States within the Gulf Islands 

19 National Seashore in Chapter 482 of the General Laws of 

20 the State of Mississippi, 1971, and the quitclaim deed of 

21 June 15, 1972. 

22 SURFACE MINING CONTROL AND RECLAMATION ACT

23 SEC. 6034. Section 402(b) of the Surface Mining Con24 trol and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is 

25 amended by striking ‘‘June 30, 2005,’’ and inserting ‘‘Sep26 tember 30, 2005,’’. 
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1 REPEAL OF TRANSFER AUTHORITY

2 SEC. 6035. Section 102 and section 208 of division F 

3 of Public Law 108–447 are hereby repealed. 

4 TECHNICAL CORRECTIONS—FUND FOR THE IMPROVEMENT

5 OF EDUCATION—FISCAL YEAR 2005

6 SEC. 6036. In the statement of the managers of the 

7 committee of conference accompanying H.R. 4818 (Public 

8 Law 108–447; House Report 108–792), in the matter in 

9 title III of division F, relating to the Fund for the Improve10 ment of Education under the heading ‘‘Innovation and Im11 provement’’—

12 (1) the provision specifying $500,000 for the 

13 Mississippi Museum of Art, Jackson, MS for Hardy 

14 Middle School After School Program shall be deemed 

15 to read ‘‘Mississippi Museum of Art, Jackson, MS for 

16 a Mississippi Museum of Art After-School Collabo17 rative’’; 

18 (2) the provision specifying $2,000,000 for the 

19 Milken Family Foundation, Santa Monica, CA, for 

20 the Teacher Advancement Program shall be deemed to 

21 read ‘‘Teacher Advancement Program Foundation, 

22 Santa Monica, CA for the Teacher Advancement Pro23 gram’’; 

24 (3) the provision specifying $1,000,000 for 

25 Batelle for Kids, Columbus, OH for a multi-state ef26 fort to evaluate and learn the most effective ways for 
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1 accelerating student academic growth shall be deemed 

2 to read ‘‘Battelle for Kids, Columbus, OH for a multi3 state effort to implement, evaluate and learn the most 

4 effective ways for accelerating student academic 

5 growth’’; 

6 (4) the provision specifying $750,000 for the In7 stitute of Heart Math, Boulder Creek, CO for a teach8 er retention and student dropout prevention program 

9 shall be deemed to read ‘‘Institute of Heart Math, 

10 Boulder Creek, CA for a teacher retention and student 

11 dropout prevention program’’; 

12 (5) the provision specifying $200,000 for Fairfax 

13 County Public Schools, Fairfax, VA for Chinese lan14 guage programs in Franklin Sherman Elementary 

15 School and Chesterbrook Elementary School in 

16 McLean, Virginia shall be deemed to read ‘‘Fairfax 

17 County Public Schools, Fairfax, VA for Chinese lan18 guage programs in Shrevewood Elementary School 

19 and Wolftrap Elementary School’’; 

20 (6) the provision specifying $1,250,000 for the 

21 University of Alaska/Fairbanks in Fairbanks, AK, 

22 working with the State of Alaska and Catholic Com23 munity Services, for the Alaska System for Early 

24 Education Development (SEED) shall be deemed to 

25 read ‘‘University of Alaska/Southeast in Juneau, AK, 
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1 working with the State of Alaska and Catholic Com2 munity Services, for the Alaska System for Early 

3 Education Development (SEED)’’; 

4 (7) the provision specifying $25,000 for QUILL 

5 Productions, Inc., Aston, PA, to develop and dissemi6 nate programs to enhance the teaching of American 

7 history shall be deemed to read ‘‘QUILL Entertain8 ment Company, Aston, PA, to develop and dissemi9 nate programs to enhance the teaching of American 

10 history’’; 

11 (8) the provision specifying $780,000 for City of 

12 St. Charles, MO for the St. Charles Foundry Arts 

13 Center in support of arts education shall be deemed 

14 to read ‘‘The Foundry Art Centre, St. Charles, Mis15 souri for support of arts education in conjunction 

16 with the City of St. Charles, MO’’; 

17 (9) the provision specifying $100,000 for Com18 munity Arts Program, Chester, PA, for arts education 

19 shall be deemed to read ‘‘Chester Economic Develop20 ment Authority, Chester, PA for a community arts 

21 program’’; 

22 (10) the provision specifying $100,000 for Kids 

23 with A Promise—The Bowery Mission, Bushkill, PA 

24 shall be deemed to read ‘‘Kids with A Promise—The 

25 Bowery Mission, New York, NY’’; 
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1 (11) the provision specifying $50,000 for Great 

2 Projects Film Company, Inc., Washington, DC, to 

3 produce ‘‘Educating America’’, a documentary about 

4 the challenges facing our public schools shall be 

5 deemed to read ‘‘Great Projects Film Company, Inc., 

6 New York, NY, to produce ‘Educating America’, a 

7 documentary about the challenges facing our public 

8 schools’’; 

9 (12) the provision specifying $30,000 for Sum10 mer Camp Opportunities Provide an Edge (SCOPE), 

11 New York, NY for YMCA Camps Skycrest, Speers and 

12 Elijabar shall be deemed to read ‘‘American Camping 

13 Association for Summer Camp Opportunities Provide 

14 an Edge (SCOPE), New York, NY for YMCA Camps 

15 Skycrest and Speers-Elijabar’’; and 

16 (13) the provision specifying $163,000 for Space 

17 Education Initiatives, Green Bay, WI for the Wis18 consin Space Science Initiative shall be deemed to 

19 read ‘‘Space Education Initiatives, De Pere, WI for 

20 the Wisconsin Space Science Initiative’’. 

21 TECHNICAL CORRECTIONS—FUND FOR THE IMPROVEMENT

22 OF POSTSECONDARY EDUCATION—FISCAL YEAR 2005

23 SEC. 6037. In the statement of the managers of the 

24 committee of conference accompanying H.R. 4818 (Public 

25 Law 108–447; House Report 108–792), in the matter in 

26 title III of division F, relating to the Fund for the Improve-
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1 ment of Postsecondary Education under the heading ‘‘High2 er Education’’—

3 (1) the provision specifying $145,000 for the 

4 Belin-Blank Center at the University of Iowa, Iowa 

5 City, IA for the Big 10 school initiative to improve 

6 minority student access to Advanced Placement 

7 courses shall be deemed to read ‘‘University of Iowa, 

8 Iowa City, IA for the Iowa and Israel: Partners in 

9 Excellence program to enhance math and science op10 portunities to rural Iowa students’’; 

11 (2) the provision specifying $150,000 for Mercy 

12 College, Dobbs Ferry, NY for the development of a reg13 istered nursing program shall be deemed to read 

14 ‘‘Mercy College, Dobbs Ferry, NY, for the development 

15 of a master’s degree program in nursing education, 

16 including marketing and recruitment activities’’; 

17 (3) the provision specifying $100,000 for Univer18 sity of Alaska/Southeast to develop distance education 

19 coursework for arctic engineering courses and pro20 grams shall be deemed to read ‘‘University of Alaska 

21 System Office to develop distance education 

22 coursework for arctic engineering courses and pro23 grams’’; and 

24 (4) the provision specifying $100,000 for Culver25 Stockton College, Canton, MO for equipment and 
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1 technology shall be deemed to read ‘‘Moberly Area 

2 Community College, Moberly, MO for equipment and 

3 technology’’. 

4 TECHNICAL CORRECTIONS—FUND FOR THE IMPROVEMENT

5 OF EDUCATION—FISCAL YEAR 2004

6 SEC. 6038. In the statement of the managers of the 

7 committee of conference accompanying H.R. 2673 (Public 

8 Law 108–199; House Report 108–401), in the matter in 

9 title III of division E, relating to the Fund for the Improve10 ment of Education under the heading ‘‘Innovation and Im11 provement’’ the provision specifying $1,500,000 for the Uni12 versity of Alaska at Fairbanks for Alaska System for Early 

13 Education Development (SEED) program to expand early 

14 childhood services and to train Early Head Start teachers 

15 with AAS degrees for positions in rural Alaska shall be 

16 deemed to read ‘‘University of Alaska/Southeast in Juneau, 

17 AK, working with the State of Alaska and Catholic Commu18 nity Services, for the Alaska System for Early Education 

19 Development (SEED) program to expand early childhood 

20 services and to train Early Head Start teachers with AAS 

21 degrees for positions in rural Alaska’’. 

22 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

23 FOR GRANT REVIEWS

24 SEC. 6039. The matter under the heading ‘‘Corpora25 tion for National and Community Service—National and 

26 Community Service Programs Operating Expenses’’ in title 
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1 III of division I of Public Law 108–447 is amended by 

2 inserting before the period at the end the following: ‘‘: Pro3 vided further, That the Corporation may use up to 1 per4 cent of program grant funds made available under this 

5 heading to defray its costs of conducting grant application 

6 reviews, including the use of outside peer reviewers’’. 

7 COPYRIGHT ROYALTY JUDGES

8 SEC. 6040. (a) During fiscal year 2005, the Librarian 

9 of Congress shall transfer from funds under the subheading 

10 ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘LIBRARY 

11 OF CONGRESS’’ under title I of the Legislative Appro12 priations Act, 2005 to the account under the subheading 

13 ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘COPYRIGHT

14 OFFICE’’ under the heading ‘‘LIBRARY OF CONGRESS’’ 

15 under title I of that Act such funds as necessary to carry 

16 out the Copyright Royalty Judges program under chapter 

17 8 of title 17, United States Code, as amended by the Copy18 right Royalty and Distribution Reform Act of 2004 (Public 

19 Law 108–419), subject to subsection (b). 

20 (b) No more than $485,000 may be transferred under 

21 this section. 

22 TECHNICAL CORRECTION—DEPARTMENT OF

23 TRANSPORTATION

24 SEC. 6041. The matter under the heading ‘‘Federal 

25 Transit Administration, Capital Investment Grants’’ in 

26 title I of division H of Public Law 108–447 is amended 
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1 by striking ‘‘$3,591,548’’ and inserting ‘‘$1,362,683’’ and 

2 by striking ‘‘$22,554,144’’ and inserting ‘‘$12,998,815’’: 

3 Provided, That the amount of new fixed guideway funds 

4 available for each project expected to complete its full fund5 ing grant agreement this fiscal year shall not exceed the 

6 amount which, when reduced by the across-the-board rescis7 sion of 0.80 percent of such Act, is equal to the amount 

8 of new fixed guideway funds required to complete the com9 mitment of Federal new fixed guideway funds reflected in 

10 the project’s full funding grant agreement: Provided further, 

11 That of the new fixed guideway funds available in Public 

12 Law 108–447, $1,352,899 shall be available for the North13 ern New Jersey Newark Rail Link MOS 1 project, no funds 

14 shall be available for the Northern New Jersey Newark-Eliz15 abeth Rail Line MOS 1 project, and $316,427 shall be 

16 available for the Northern New Jersey Hudson-Bergen Light 

17 Rail MOS 1 project. 

18 THE JUDICIARY

19 SEC. 6042. Section 308 of division B of Public Law 

20 108–447 is amended by striking ‘‘shall be deposited’’ and 

21 all that follows through ‘‘expenses’’ and inserting in lieu 

22 thereof ‘‘shall be deposited as offsetting receipts to the fund 

23 established under 28 U.S.C. section 1931 and shall remain 

24 available to the Judiciary until expended to reimburse any 

25 appropriation for the amount paid out of such appropria26 tion for expenses of the Courts of Appeals, District Courts, 
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1 and Other Judicial Services and the Administrative Office 

2 of the United States Courts’’. 

3 SEC. 6043. Section 325 of S. 256, the Bankruptcy 

4 Abuse Prevention and Consumer Protection Act of 2005, as 

5 passed by the Senate on March 10, 2005, is amended—

6 (1) by striking subsection (b) and inserting the 

7 following: 

8 ‘‘(b) UNITED STATES TRUSTEE SYSTEM FUND.—Sec9 tion 589a(b) of title 28, United States Code, is amended—

10 ‘‘(1) by striking paragraph (1) and inserting the 

11 following: 

12 ‘‘ ‘(1)(A) 29.75 percent of the fees collected under 

13 section 1930(a)(1)(A) of this title; and 

14 ‘‘ ‘(B) 39.67 percent of the fees collected under 

15 section 1930(a)(1)(B);’; 

16 ‘‘(2) in paragraph (2), by striking ‘one-half’ and 

17 inserting ‘75 percent’; and 

18 ‘‘(3) in paragraph (4), by striking ‘one-half’ and 

19 inserting ‘100 percent’. ’’; 

20 (2) by striking subsection (c) and inserting the 

21 following: 

22 ‘‘(c) COLLECTION AND DEPOSIT OF MISCELLANEOUS

23 BANKRUPTCY FEES.—Section 406(b) of the Judiciary Ap24 propriations Act, 1990 (28 U.S.C. 1931 note) is amended 

25 by striking ‘pursuant to 28 U.S.C. section 1930(b)’ and all 
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1 that follows through ‘28 U.S.C. section 1931’ and inserting 

2 ‘under section 1930(b) of title 28, United States Code, 29.75 

3 percent of the fees collected under section 1930(a)(1)(A) of 

4 that title, 39.67 percent of the fees collected under section 

5 1930(a)(1)(B) of that title, and 25 percent of the fees col6 lected under section 1930(a)(3) of that title shall be depos7 ited as offsetting receipts to the fund established under sec8 tion 1931 of that title’. ’’; and 

9 (3) by striking subsections (d) and (e) in their 

10 entirety. 

11 TECHNICAL CORRECTIONS—GENERAL SERVICES

12 ADMINISTRATION

13 SEC. 6044. Under the heading ‘‘Federal Buildings 

14 Fund’’ in title IV of division H of Public Law 108–447, 

15 strike ‘‘$60,000,000’’ and insert in lieu thereof 

16 ‘‘$60,600,000’’ in reference to the Las Cruces United States 

17 Courthouse. 

18 SEC. 6045. Section 408 in title IV of division H of 

19 Public Law 108–477 is amended by striking ‘‘Section 

20 572(a)(2)(ii)’’ and inserting in lieu thereof ‘‘Section 

21 572(a)(2)(A)(ii)’’. 

22 TECHNICAL CORRECTION—DEPARTMENT OF HOUSING AND

23 URBAN DEVELOPMENT

24 SEC. 6046. (a) The referenced statement of the man25 agers under the heading ‘‘Community Development Fund’’ 

26 in title II of division I of Public Law 108–447 is deemed 
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1 to be amended with respect to item 230 by striking ‘‘City’’ 

2 and inserting ‘‘Port’’. 

3 (b) The referenced statement of the managers under the 

4 heading ‘‘Community Development Fund’’ in title II of di5 vision I of Public Law 108–447 is deemed to be amended 

6 with respect to item 233 by inserting ‘‘Port of’’ before the 

7 words ‘‘Brookings Harbor’’. 

8 (c) The referenced statement of the managers under the 

9 heading ‘‘Community Development Fund’’ in title II of di10 vision I of Public Law 108–447 is deemed to be amended 

11 with respect to item number 30 by inserting ‘‘to be used 

12 for planning, design, and construction’’ after ‘‘California,’’. 

13 (d) The referenced statement of managers under the 

14 heading ‘‘Community Development Fund’’ in title II of di15 vision G of Public Law 108–199 is deemed to be amended 

16 with respect to item number 122 by inserting ‘‘to be used 

17 for planning, design, and construction’’ after ‘‘California,’’. 

18 SENSE OF SENATE REGARDING TIMELY ENACTMENT OF AP19 PROPRIATIONS FOR UNITED STATES ARMED FORCES

20 SEC. 6047. SENSE OF THE SENATE. It is the sense of 

21 the Senate that— 

22 (1) our immigration system is badly broken, 

23 fails to serve the interests of our national security and 

24 our national economy, and undermines respect for the 

25 rule of law; 
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1 (2) in a post-9/11 world, national security de2 mands a comprehensive solution to our immigration 

3 system; 

4 (3) Congress must engage in a careful and delib5 erative discussion about the need to bolster enforce6 ment of, and comprehensively reform, our immigra7 tion laws; 

8 (4) Congress should not short-circuit that discus9 sion by attaching amendments to this supplemental 

10 outside of the regular order; and 

11 (5) Congress should not delay the enactment of 

12 critical appropriations necessary to ensure the well13 being of the men and women of the United States 

14 Armed Forces fighting in Iraq and elsewhere around 

15 the world, by attempting to conduct a debate about 

16 immigration reform while the supplemental appro17 priations bill is pending on the floor of the United 

18 States Senate. 

19 SEC. 6048. Unless otherwise authorized by existing 

20 law, none of the funds provided in this Act or any other 

21 Act may be used by a Federal agency to produce any pre22 packaged news story unless the story includes a clear notifi23 cation within the text or audio of the prepackaged news 

24 that the prepackaged news story was prepared or funded 

25 by that Federal agency. 
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1 SEC. 6049. TECHNICAL CORRECTION TO THE MEDI2 CARE HEALTH CARE INFRASTRUCTURE IMPROVEMENT

3 PROGRAM. (a) IN GENERAL.—Section 1897(c) of the Social 

4 Security Act (42 U.S.C. 1395hhh(c)) is amended— 

5 (1) in paragraph (2)— 

6 (A) in the matter preceding subparagraph 

7 (A), by inserting ‘‘or an entity described in 

8 paragraph (3)’’ after ‘‘means a hospital’’; and 

9 (B) in subparagraph (B)— 

10 (i) by inserting ‘‘legislature’’ after 

11 ‘‘State’’ the first place it appears; and 

12 (ii) by inserting ‘‘and such designation 

13 by the State legislature occurred prior to 

14 December 8, 2003’’ before the period at the 

15 end; and 

16 (2) by adding at the end the following new para17 graph: 

18 ‘‘(3) ENTITY DESCRIBED.—An entity described 

19 in this paragraph is an entity that— 

20 ‘‘(A) is described in section 501(c)(3) of the 

21 Internal Revenue Code of 1986 and exempt from 

22 tax under section 501(a) of such Code; 

23 ‘‘(B) has at least 1 existing memorandum of 

24 understanding or affiliation agreement with a 
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1 hospital located in the State in which the entity 

2 is located; and 

3 ‘‘(C) retains clinical outpatient treatment 

4 for cancer on site as well as lab research and 

5 education and outreach for cancer in the same 

6 facility.’’. 

7 (b) LIMITATION ON REVIEW.—Section 1897 of the So8 cial Security Act (42 U.S.C. 1395hhh(c)) is amended by 

9 adding at the end the following new subsection: 

10 ‘‘(i) LIMITATION ON REVIEW.—There shall be no ad11 ministrative or judicial review of any determination made 

12 by the Secretary under this section.’’. 

13 (c) EFFECTIVE DATE.—The amendments made by this 

14 section shall take effect as if included in the enactment of 

15 section 1016 of the Medicare Prescription Drug, Improve16 ment, and Modernization Act of 2003 (Public Law 108–

17 173; 117 Stat. 2447). 

18 SEC. 6050. None of the funds made available by this 

19 or any other Act may be used to deny the provision of as20 sistance under section 310B(a)(1) of the Consolidated Farm 

21 and Rural Development Act (7 U.S.C. 1932(a)(1)) solely 

22 due to the failure of the Secretary of Labor to respond to 

23 a request to certify assistance within the time period speci24 fied in section 310B(d)(4) of that Act. 
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1 TECHNICAL CORRECTION—DEPARTMENT OF HOUSING AND

2 URBAN DEVELOPMENT

3 SEC. 6051. (a) Section 222 of title II of division I of 

4 Public Law 108–447 is deleted; and 

5 (b) Section 203(c)(l) of the National Housing Act (12 

6 U.S.C. 1709(c)) is amended by—

7 (1) striking ‘‘subsections’’ and inserting ‘‘sub8 section’’, and 

9 (2) striking ‘‘or (k)’’ each place that it appears. 

10 NEPAL

11 SEC. 6052. (a) FINDINGS.—The Senate makes the fol12 lowing findings: 

13 (1) That on February 1, 2005, Nepal’s King 

14 Gyanendra dissolved the multi-party government, sus15 pended constitutional liberties, and arrested political 

16 party leaders, human rights activists and representa17 tives of civil society organizations. 

18 (2) That despite condemnation of the King’s ac19 tions and the suspension of military aid to Nepal by 

20 India and Great Britain, and similar steps by the 

21 United States, the King has refused to restore con22 stitutional liberties and democracy. 

23 (3) That there are concerns that the King’s ac24 tions will strengthen Nepal’s Maoist insurgency. 

25 (4) That while some political leaders have been 

26 released from custody, there have been new arrests of 
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1 human rights activists and representatives of other 

2 civil society organizations. 

3 (5) That the King has thwarted efforts of mem4 bers of the National Human Rights Commission to 

5 conduct monitoring activities, but recently agreed to 

6 permit the United Nations High Commissioner for 

7 Human Rights to open an office in Katmandu to 

8 monitor and investigate violations. 

9 (6) That the Maoists have committed atrocities 

10 against civilians and poses a threat to democracy in 

11 Nepal. 

12 (7) That the Nepalese Army has also committed 

13 gross violations of human rights. 

14 (8) That King Gyanendra has said that he in15 tends to pursue a military strategy against the 

16 Maoists. 

17 (9) That Nepal needs an effective military strat18 egy to counter the Maoists and pressure them to nego19 tiate an end to the conflict, but such a strategy must 

20 include the Nepalese Army’s respect for the human 

21 rights and dignity of the Nepalese people. 

22 (10) That an effective strategy to counter the 

23 Maoists also requires a political process that is inclu24 sive and democratic in which constitutional rights are 
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1 protected, and government policies that improve the 

2 lives of the Nepalese people. 

3 (11) That it is the Sense of the Senate that King 

4 Gyanendra should immediately release all political 

5 detainees, restore constitutional liberties, and under6 take good faith negotiations with the leaders of Ne7 pal’s political parties to restore democracy. 

8 FISCHER-TROPSCH COAL-TO-OIL PROJECT

9 SEC. 6053. Notwithstanding any other provision of 

10 law, funds that have been appropriated to and awarded by 

11 the Secretary of Energy under the Clean Coal Power Initia12 tive in accordance with financial assistance solicitation 

13 #DE–PS26–02NT41428 (as described in 67 Federal Reg14 ister 575) to construct a Fischer-Tropsch coal-to-oil project 

15 may be used by the Secretary to provide a loan guarantee 

16 for the project. 

17 PROTECTION OF THE GALAPAGOS

18 SEC. 6054. (a) FINDINGS.—The Senate makes the fol19 lowing findings: 

20 (1) The Galapagos Islands are a global treasure 

21 and World Heritage Site, and the future of the Gala22 pagos is in the hands of the Government of Ecuador. 

23 (2) The world depends on the Government of Ec24 uador to implement the necessary policies and pro25 grams to ensure the long term protection of the bio-
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1 diversity of the Galapagos, including enforcing the 

2 Galapagos Special Law. 

3 (3) There are concerns with the current leader4 ship of the Galapagos National Park Service and that 

5 the biodiversity of the Galapagos and the Marine Re6 serve are not being properly managed or adequately 

7 protected; and 

8 (4) The Government of Ecuador has reportedly 

9 given preliminary approval for commercial airplane 

10 flights to the Island of Isabela, which may cause ir11 reparable harm to the biodiversity of the Galapagos, 

12 and has allowed the export of fins from sharks caught 

13 accidentally in the Marine Reserve, which encourages 

14 illegal fishing. 

15 (b) The Senate strongly encourages the Government of 

16 Ecuador to—

17 (A) refrain from taking any action that 

18 could cause harm to the biodiversity of the Gala19 pagos or encourage illegal fishing in the Marine 

20 Reserve; 

21 (B) abide by the agreement to select the Di22 rectorship of the Galapagos National Park Serv23 ice though a transparent process based on merit 

24 as previously agreed by the Government of Ecua-
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1 dor, international donors, and nongovernmental 

2 organizations; and 

3 (C) enforce the Galapagos Special Law in 

4 its entirety, including the governance structure 

5 defined by the law to ensure effective control of 

6 migration to the Galapagos and sustainable fish7 ing practices, and prohibit long-line fishing 

8 which threatens the survival of shark and marine 

9 turtle populations. 

10 (c) The Department of State should—

11 (A) emphasize to the Government of Ecua12 dor the importance the United States gives to 

13 these issues; and 

14 (B) offer assistance to implement the nec15 essary policies and programs to ensure the long 

16 term protection of the biodiversity of the Gala17 pagos and the Marine Reserve and to sustain the 

18 livelihoods of the Galapagos population who de19 pend on the marine ecosystem for survival. 

20 CAMP JOSEPH T. ROBINSON

21 SEC. 6055. The United States releases to the State of 

22 Arkansas the reversionary interest described in sections 2 

23 and 3 of the Act entitled ‘‘An Act authorizing the transfer 

24 of part of Camp Joseph T. Robinson to the State of Arkan25 sas’’, approved June 30, 1950 (64 Stat. 311, chapter 429), 

26 in and to the surface estate of the land constituting Camp 
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1 Joseph T. Robinson, Arkansas, which lies east of the Bates2 ville Pike county road, in sections 24, 25, and 36, township 

3 3 north, range 12 west, Pulaski County, Arkansas. 

4 INDEPENDENT COUNSEL INVESTIGATION OF HENRY

5 CISNEROS

6 SEC. 6056. (a) None of the funds appropriated or made 

7 available in this Act or any other Act may be used to fund 

8 the independent counsel investigation of Henry Cisneros 

9 after June 1, 2005. 

10 (b) Not later than July 1, 2005, the Government Ac11 countability Office shall provide the Committee on Appro12 priations of each House with a detailed accounting of the 

13 costs associated with the independent counsel investigation 

14 of Henry Cisneros. 

15 AFFIRMING THE PROHIBITION ON TORTURE AND CRUEL, 

16 INHUMAN, OR DEGRADING TREATMENT

17 SEC. 6057. (a)(1) None of the funds appropriated or 

18 otherwise made available by this Act shall be obligated or 

19 expended to subject any person in the custody or under the 

20 physical control of the United States to torture or cruel, 

21 inhuman, or degrading treatment or punishment that is 

22 prohibited by the Constitution, laws, or treaties of the 

23 United States. 

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

25 any person under the Geneva Conventions or whether any 
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1 person is entitled to the protections of the Geneva Conven2 tions. 

3 (b) As used in this section— 

4 (1) the term ‘‘torture’’ has the meaning given 

5 that term in section 2340(1) of title 18, United States 

6 Code; and 

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

8 treatment or punishment’’ means the cruel, unusual, 

9 and inhumane treatment or punishment prohibited 

10 by the fifth amendment, eighth amendment, or four11 teenth amendment to the Constitution of the United 

12 States. 

13 DETROIT LABOR BUILDING

14 SEC. 6058. The Secretary of Labor shall convey to the 

15 State of Michigan, for no consideration, all right, title, and 

16 interest of the United States in and to the real property 

17 known as the ‘‘Detroit Labor Building’’ and located at 7310 

18 Woodward Avenue, Detroit, Michigan, to the extent the 

19 right, title, or interest was acquired through a grant to the 

20 State of Michigan under title III of the Social Security Act 

21 (42 U.S.C. 501 et seq.) or the Wagner-Peyser Act (29 U.S.C. 

22 49 et seq.) or using funds distributed to the State of Michi23 gan under section 903 of the Social Security Act (42 U.S.C. 

24 1103). 
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1 TRAUMATIC INJURY PROTECTION

2 SEC. 6059. TRAUMATIC INJURY PROTECTION. (a) IN

3 GENERAL.—Subchapter III of chapter 19, Title 38, United 

4 States Code, is amended—

5 (1) in section 1965, by adding at the end the fol6 lowing: 

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

8 the inability to independently perform 2 of the 6 fol9 lowing functions: 

10 ‘‘(A) Bathing. 

11 ‘‘(B) Continence. 

12 ‘‘(C) Dressing. 

13 ‘‘(D) Eating. 

14 ‘‘(E) Toileting. 

15 ‘‘(F) Transferring.’’; and 

16 (2) by adding at the end the following: 

17 ‘‘§ 1980A. Traumatic injury protection 

18 ‘‘(a) A member who is insured under subparagraph 

19 (A)(i), (B), or (C)(i) of section 1967(a)(1) shall automati20 cally be issued a traumatic injury protection rider that will 

21 provide for a payment not to exceed $100,000 if the mem22 ber, while so insured, sustains a traumatic injury that re23 sults in a loss described in subsection (b)(1). The maximum 

24 amount payable for all injuries resulting from the same 

25 traumatic event shall be limited to $100,000. If a member 
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1 suffers more than 1 such loss as a result of traumatic in2 jury, payment will be made in accordance with the schedule 

3 in subsection (d) for the single loss providing the highest 

4 payment. 

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

6 protection rider under subsection (a) is insured against 

7 such traumatic injuries, as prescribed by the Secretary, in 

8 collaboration with the Secretary of Defense, including, but 

9 not limited to— 

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

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

12 above the wrist or ankle; 

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

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

15 ears; 

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

17 hand by severance at or above the 

18 metacarpophalangeal joints; 

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

20 ‘‘(G) burns greater than second degree, covering 

21 30 percent of the body or 30 percent of the face; and 

22 ‘‘(H) coma or the inability to carry out the ac23 tivities of daily living resulting from traumatic in24 jury to the brain. 

25 ‘‘(2) For purposes of this subsection— 
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1 ‘‘(A) the term ‘quadriplegia’ means the complete 

2 and irreversible paralysis of all 4 limbs; 

3 ‘‘(B) the term ‘paraplegia’ means the complete 

4 and irreversible paralysis of both lower limbs; and 

5 ‘‘(C) the term ‘hemiplegia’ means the complete 

6 and irreversible paralysis of the upper and lower 

7 limbs on 1 side of the body. 

8 ‘‘(3) The Secretary, in collaboration with the Secretary 

9 of Defense, shall prescribe, by regulation, the conditions 

10 under which coverage against loss will not be provided. 

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

12 if— 

13 ‘‘(1) the member is insured under 

14 Servicemembers’ Group Life Insurance when the trau15 matic injury is sustained; 

16 ‘‘(2) the loss results directly from that traumatic 

17 injury and from no other cause; and 

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

19 the period prescribed by the Secretary, in collabora20 tion with the Secretary of Defense, which begins on 

21 the date on which the member sustains the traumatic 

22 injury, except, if the loss is quadriplegia, paraplegia, 

23 or hemiplegia, the member suffers the loss not later 

24 than 365 days after sustaining the traumatic injury. 
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1 ‘‘(d) Payments under this section for losses described 

2 in subsection (b)(1) shall be— 

3 ‘‘(1) made in accordance with a schedule pre4 scribed by the Secretary, in collaboration with the 

5 Secretary of Defense; 

6 ‘‘(2) based on the severity of the covered condi7 tion; and 

8 ‘‘(3) in an amount that is equal to not less than 

9 $25,000 and not more than $100,000. 

10 ‘‘(e)(1) During any period in which a member is in11 sured under this section and the member is on active duty, 

12 there shall be deducted each month from the member’s basic 

13 or other pay until separation or release from active duty 

14 an amount determined by the Secretary of Veterans Affairs 

15 as the premium allocable to the pay period for providing 

16 traumatic injury protection under this section (which shall 

17 be the same for all such members) as the share of the cost 

18 attributable to provided coverage under this section, less 

19 any costs traceable to the extra hazards of such duty in the 

20 uniformed services. 

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

22 to the Ready Reserve of a uniformed service under condi23 tions which meet the qualifications set forth in section 

24 1965(5)(B) of this title and is insured under a policy of 

25 insurance purchased by the Secretary of Veterans Affairs 
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1 under section 1966 of this title, there shall be contributed 

2 from the appropriation made for active duty pay of the uni3 formed service concerned an amount determined by the Sec4 retary of Veterans Affairs (which shall be the same for all 

5 such members) as the share of the cost attributable to pro6 vided coverage under this section, less any costs traceable 

7 to the extra hazards of such duty in the uniformed services. 

8 Any amounts so contributed on behalf of any member shall 

9 be collected by the Secretary of the concerned service from 

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

11 shall be credited to the appropriation from which such con12 tribution was made in advance on a monthly basis. 

13 ‘‘(3) The Secretary of Veterans Affairs shall determine 

14 the premium amounts to be charged for traumatic injury 

15 protection coverage provided under this section. 

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

17 basis of sound actuarial principles and shall include an 

18 amount necessary to cover the administrative costs to the 

19 insurer or insurers providing such insurance. 

20 ‘‘(5) Each premium rate for the first policy year shall 

21 be continued for subsequent policy years, except that the 

22 rate may be adjusted for any such subsequent policy year 

23 on the basis of the experience under the policy, as deter24 mined by the Secretary of Veterans Affairs in advance of 

25 that policy year. 
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1 ‘‘(6) The cost attributable to insuring such member 

2 under this section, less the premiums deducted from the pay 

3 of the member’s uniformed service, shall be paid by the Sec4 retary of Defense to the Secretary of Veterans Affairs. This 

5 amount shall be paid on a monthly basis, and shall be due 

6 within 10 days of the notice provided by the Secretary of 

7 Veterans Affairs to the Secretary of the concerned uniformed 

8 service. 

9 ‘‘(7) The Secretary of Defense shall provide the amount 

10 of appropriations required to pay expected claims in a pol11 icy year, as determined according to sound actuarial prin12 ciples by the Secretary of Veterans Affairs. 

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

14 to the Secretary of Veterans Affairs that is equivalent to 

15 half the anticipated cost of claims for the current fiscal 

16 year, upon the effective date of this legislation. 

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

18 member claiming the benefit under this section is eligible. 

19 ‘‘(g) Payment for a loss resulting from traumatic in20 jury will not be made if the member dies before the end 

21 of the period prescribed by the Secretary, in collaboration 

22 with the Secretary of Defense, which begins on the date on 

23 which the member sustains the injury. If the member dies 

24 before payment to the member can be made, the payment 

25 will be made according to the member’s most current bene-
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1 ficiary designation under Servicemembers’ Group Life In2 surance, or a by law designation, if applicable. 

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

4 provided under this section shall cease at midnight on the 

5 date of the member’s separation from the uniformed service. 

6 Payment will not be made for any loss resulting from in7 jury incurred after the date a member is separated from 

8 the uniformed services. 

9 ‘‘(i) Insurance coverage provided under this section is 

10 not convertible to Veterans’ Group Life Insurance.’’. 

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

12 chapter 19 of title 38, United States Code, is amended by 

13 adding after the item relating to section 1980 the following:

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

14 (c) RETROACTIVE PROVISION.— 

15 (1) IN GENERAL.—Any member who experienced 

16 a traumatic injury (as described in section 

17 1980A(b)(1) of title 38, United States Code) between 

18 October 7, 2001, and the effective date under sub19 section (d), is eligible for coverage provided in such 

20 section 1980A if the qualifying loss was a direct re21 sult of injuries incurred in Operation Enduring Free22 dom or Operation Iraqi Freedom. 

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

24 Defense shall— 
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1 (A) certify to the Office of Servicemembers’ 

2 Group Life Insurance the names and addresses 

3 of those members the Secretary of Defense deter4 mines to be eligible for retroactive traumatic in5 jury benefits under such section 1980A; and 

6 (B) forward to the Secretary of Veterans Af7 fairs, at the time the certification is made under 

8 subparagraph (A), an amount of money equal to 

9 the amount the Secretary of Defense determines 

10 to be necessary to pay all cost related to claims 

11 for retroactive benefits under such section 1980A. 

12 (d) EFFECTIVE DATE.— 

13 (1) IN GENERAL.—The amendments made by 

14 this section shall take effect on the first day of the 

15 first month beginning more than 180 days after the 

16 date of enactment of this Act. 

17 (2) RULEMAKING.—Before the effective date de18 scribed in paragraph (1), the Secretary of Veterans 

19 Affairs, in collaboration with the Secretary of De20 fense, shall issue regulations to carry out the amend21 ments made by this section. 

22 RESIDENT AND NONRESIDENT HUNTING AND FISHING

23 REGULATIONS

24 SEC. 6060. STATE REGULATION OF RESIDENT AND

25 NONRESIDENT HUNTING AND FISHING. (a) SHORT

26 TITLE.—This section may be cited as the ‘‘Reaffirmation 
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1 of State Regulation of Resident and Nonresident Hunting 

2 and Fishing Act of 2005’’. 

3 (b) DECLARATION OF POLICY AND CONSTRUCTION OF

4 CONGRESSIONAL SILENCE.— 

5 (1) IN GENERAL.—It is the policy of Congress 

6 that it is in the public interest for each State to con7 tinue to regulate the taking for any purpose of fish 

8 and wildlife within its boundaries, including by 

9 means of laws or regulations that differentiate be10 tween residents and nonresidents of such State with 

11 respect to the availability of licenses or permits for 

12 taking of particular species of fish or wildlife, the 

13 kind and numbers of fish and wildlife that may be 

14 taken, or the fees charged in connection with issuance 

15 of licenses or permits for hunting or fishing. 

16 (2) CONSTRUCTION OF CONGRESSIONAL SI17 LENCE.—Silence on the part of Congress shall not be 

18 construed to impose any barrier under clause 3 of 

19 Section 8 of Article I of the Constitution (commonly 

20 referred to as the ‘‘commerce clause’’) to the regula21 tion of hunting or fishing by a State or Indian tribe. 

22 (c) LIMITATIONS.—Nothing in this section shall be 

23 construed— 
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1 (1) to limit the applicability or effect of any 

2 Federal law related to the protection or management 

3 of fish or wildlife or to the regulation of commerce; 

4 (2) to limit the authority of the United States to 

5 prohibit hunting or fishing on any portion of the 

6 lands owned by the United States; or 

7 (3) to abrogate, abridge, affect, modify, supersede 

8 or alter any treaty-reserved right or other right of 

9 any Indian tribe as recognized by any other means, 

10 including, but not limited to, agreements with the 

11 United States, Executive Orders, statutes, and judi12 cial decrees, and by Federal law. 

13 (d) STATE DEFINED.—For purposes of this section, the 

14 term ‘‘State’’ includes the several States, the District of Co15 lumbia, the Commonwealth of Puerto Rico, Guam, the Vir16 gin Islands, American Samoa, and the Commonwealth of 

17 the Northern Mariana Islands. 

18 TITLE VII—TEMPORARY WORKERS 

19 SEC. 7001. SHORT TITLE. 

20 This title may be cited as the ‘‘Save Our Small and 

21 Seasonal Businesses Act of 2005’’. 

22 SEC. 7002. NUMERICAL LIMITATIONS ON H–2B WORK23 ERS. (a) IN GENERAL.—Section 214(g) of the Immigration 

24 and Nationality Act (8 U.S.C. 1184(g)) is amended by add25 ing at the end the following: 
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1 ‘‘(9)(A) Subject to subparagraphs (B) and (C), an 

2 alien counted toward the numerical limitations of para3 graph (1)(B) during any 1 of the 3 fiscal years prior to 

4 the submission of a petition for a nonimmigrant worker 

5 described in section 101(a)(15)(H)(ii)(b) may not be count6 ed toward such limitation for the fiscal year in which the 

7 petition is approved. 

8 ‘‘(B) A petition referred to in subparagraph (A) shall 

9 include, with respect to an alien— 

10 ‘‘(i) the full name of the alien; and 

11 ‘‘(ii) a certification to the Department of Home12 land Security that the alien is a returning worker. 

13 ‘‘(C) An H–2B visa for a returning worker shall be 

14 approved only if the name of the individual on the petition 

15 is confirmed by— 

16 ‘‘(i) the Department of State; or 

17 ‘‘(ii) if the alien is visa exempt, the Department 

18 of Homeland Security.’’. 

19 (b) EFFECTIVE DATE.— 

20 (1) IN GENERAL.—The amendment in subsection 

21 (a) shall take effect as if enacted on October 1, 2004, 

22 and shall expire on October 1, 2006. 

23 (2) IMPLEMENTATION.—Not later than the date 

24 of enactment of this Act, the Secretary of Homeland 

25 Security shall begin accepting and processing peti-
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1 tions filed on behalf of aliens described in section 

2 101(a)(15)(H)(ii)(b), in a manner consistent with 

3 this section and the amendments made by this section. 

4 Sec. 7003. FRAUD PREVENTION AND DETECTION FEE. 

5 (a) IMPOSITION OF FEE.—Section 214(c) of the Immigra6 tion and Nationality Act (8 U.S.C. 1184(c)), as amended 

7 by section 426(a) of division J of the Consolidated Appro8 priations Act, 2005 (Public Law 108–447), is amended by 

9 adding at the end the following: 

10 ‘‘(13)(A) In addition to any other fees authorized by 

11 law, the Secretary of Homeland Security shall impose a 

12 fraud prevention and detection fee on an employer filing 

13 a petition under paragraph (1) for nonimmigrant workers 

14 described in section 101(a)(15)(H)(ii)(b). 

15 ‘‘(i) The amount of the fee imposed under subpara16 graph (A) shall be $150.’’. 

17 (b) USE OF FEES.— 

18 (1) FRAUD PREVENTION AND DETECTION AC19 COUNT.—Subsection (v) of section 286 of the Immi20 gration and Nationality Act (8 U.S.C. 1356), as 

21 added by section 426(b) of division J of the Consoli22 dated Appropriations Act, 2005 (Public Law 108–

23 447), is amended— 
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1 (A) in paragraphs (1), (2)(A), (2)(B), 

2 (2)(C), and (2)(D) by striking ‘‘H1–B and L’’ 

3 each place it appears; 

4 (B) in paragraph (1), as amended by sub5 paragraph (A), by striking ‘‘section 214(c)(12)’’ 

6 and inserting ‘‘paragraph (12) or (13) of section 

7 214(c)’’; 

8 (C) in paragraphs (2)(A)(i) and (2)(B), as 

9 amended by subparagraph (A), by striking 

10 ‘‘(H)(i)’’ each place it appears and inserting 

11 ‘‘(H)(i), (H)(ii), ’’; and 

12 (D) in paragraph (2)(D), as amended by 

13 subparagraph (A), by inserting before the period 

14 at the end ‘‘or for programs and activities to 

15 prevent and detect fraud with respect to petitions 

16 under paragraph (1) or (2)(A) of section 214(c) 

17 to grant an alien nonimmigrant status described 

18 in section 101(a)(15)(H)(ii)’’. 

19 (2) CONFORMING AMENDMENT.—The heading of 

20 such subsection 286 is amended by striking ‘‘H1–B 

21 AND L’’. 

22 (c) EFFECTIVE DATE.—The amendments made by sub23 sections (a) and (b) shall take effect on October 1, 2005. 

24 SEC. 7004. SANCTIONS. (a) IN GENERAL.—Section 

25 214(c) of the Immigration and Nationality Act (8 U.S.C. 
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1 1184(c)), as amended by section 3, is further amended by 

2 adding at the end the following: 

3 ‘‘(14)(A) If the Secretary of Homeland Security finds, 

4 after notice and an opportunity for a hearing, a substantial 

5 failure to meet any of the conditions of the petition to admit 

6 or otherwise provide status to a nonimmigrant worker 

7 under section 101(a)(15)(H)(ii)(b) or a willful misrepresen8 tation of a material fact in such petition— 

9 ‘‘(i) the Secretary of Homeland Security may, in 

10 addition to any other remedy authorized by law, im11 pose such administrative remedies (including civil 

12 monetary penalties in an amount not to exceed 

13 $10,000 per violation) as the Secretary of Homeland 

14 Security determines to be appropriate; and 

15 ‘‘(ii) the Secretary of Homeland Security may 

16 deny petitions filed with respect to that employer 

17 under section 204 or paragraph (1) of this subsection 

18 during a period of at least 1 year but not more than 

19 5 years for aliens to be employed by the employer. 

20 ‘‘(iii) The Secretary of Homeland Security may dele21 gate to the Secretary of Labor, with the agreement of the 

22 Secretary of Labor, any of the authority given to the Sec23 retary of Homeland Security under subparagraph (A)(i). 

24 ‘‘(iv) In determining the level of penalties to be as25 sessed under subparagraph (A), the highest penalties shall 
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1 be reserved for willful failures to meet any of the conditions 

2 of the petition that involve harm to United States workers. 

3 ‘‘(v) In this paragraph, the term ‘substantial failure’ 

4 means the willful failure to comply with the requirements 

5 of this section that constitutes a significant deviation from 

6 the terms and conditions of a petition.’’. 

7 (b) EFFECTIVE DATE.—The amendment made by sub8 section (a) shall take effect on October 1, 2005. 

9 SEC. 7005. ALLOCATION OF H–2B VISAS DURING A

10 FISCAL YEAR. Section 214(g) of the Immigration and Na11 tionality Act (8 U.S.C. 1184(g)), as amended by section 

12 7002, is further amended by adding at the end the following 

13 new paragraph: 

14 ‘‘(j) The numerical limitations of paragraph (1)(B) 

15 shall be allocated for a fiscal year so that the total number 

16 of aliens who enter the United States pursuant to a visa 

17 or other provision of nonimmigrant status under section 

18 101(a)(15)(H)(ii)(b) during the first 6 months of such fiscal 

19 year is not more than 33,000.’’. 

20 SEC. 7006. SUBMISSION TO CONGRESS OF INFORMA21 TION REGARDING H–2B NONIMMIGRANTS. 

22 Section 416 of the American Competitiveness and 

23 Workforce Improvement Act of 1998 (title IV of division 

24 C of Public Law 105–277; 8 U.S.C. 1184 note) is amend25 ed— 
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1 (1) by striking ‘‘Attorney General’’ each place 

2 that term appears and inserting ‘‘Secretary of Home3 land Security’’; and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(d) PROVISION OF INFORMATION.— 

7 ‘‘(1) QUARTERLY NOTIFICATION.—Beginning not 

8 later than March 1, 2006, the Secretary of Homeland 

9 Security shall notify, on a quarterly basis, the Com10 mittee on the Judiciary of the Senate and the Com11 mittee on the Judiciary of House of Representatives 

12 of the number of aliens who during the preceding 1-

13 year period— 

14 ‘‘(A) were issued visas or otherwise provided 

15 nonimmigrant status under section 

16 101(a)(15)(H)(ii)(b) of the Immigration and Na17 tionality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)); 

18 or 

19 ‘‘(B) had such a visa or such status expire 

20 or be revoked or otherwise terminated. 

21 ‘‘(2) ANNUAL SUBMISSION.—Beginning in fiscal 

22 year 2007, the Secretary of Homeland Security shall 

23 submit, on an annual basis, to the Committees on the 

24 Judiciary of the House of Representatives and the 

25 Senate— 
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1 ‘‘(A) information on the countries of origin 

2 of, occupations of, and compensation paid to 

3 aliens who were issued visas or otherwise pro4 vided nonimmigrant status under section 

5 101(a)(15)(H)(ii)(b) of the Immigration and Na6 tionality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) 

7 during the previous fiscal year; 

8 ‘‘(B) the number of aliens who had such a 

9 visa or such status expire or be revoked or other10 wise terminated during each month of such fiscal 

11 year; and 

12 ‘‘(C) the number of aliens who were pro13 vided nonimmigrant status under such section 

14 during both such fiscal year and the preceding 

15 fiscal year. 

16 ‘‘(3) INFORMATION MAINTAINED BY STATE.—If 

17 the Secretary of Homeland Security determines that 

18 information maintained by the Secretary of State is 

19 required to make a submission described in para20 graph (1) or (2), the Secretary of State shall provide 

21 such information to the Secretary of Homeland Secu22 rity upon request.’’. 

23 RECAPTURE OF VISAS

24 SEC. 7007. Section 106(d)(2)(A) of the American Com25 petitiveness in the Twenty-first Century Act of 2000 (Public 

26 Law 106–313; 8 U.S.C. 1153 note) is amended—
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1 (1) in paragraph (1), by inserting before the pe2 riod at the end of the second sentence ‘‘and any such 

3 visa that is made available due to the difference be4 tween the number of employment-based visas that 

5 were made available in fiscal year 2001, 2002, 2003, 

6 or 2004 and the number of such visas that were actu7 ally used in such fiscal year shall be available only 

8 to employment-based immigrants, and the dependents 

9 of such immigrants, and 50 percent of such visas 

10 shall be made available to those whose immigrant 

11 worker petitions were approved based on schedule A, 

12 as defined in section 656.5 of title 20, Code of Federal 

13 Regulations, as promulgated by the Secretary of 

14 Labor’’; and 

15 (2) in paragraph (2)(A), by striking ‘‘and 2000’’ 

16 and inserting ‘‘through 2004’’. 

17 RECIPROCAL VISAS FOR NATIONALS OF AUSTRALIA

18 SEC. 7008. (a) Section 101(a)(15)(E) of the Immigra19 tion and Nationality Act (8 U.S.C. 1101(a)(15)(E)) is 

20 amended— 

21 (1) by adding at the end ‘‘or (iii) solely to per22 form services in a specialty occupation in the United 

23 States if the alien is a national of the Commonwealth 

24 of Australia and with respect to whom the Secretary 

25 of Labor determines and certifies to the Secretary of 

26 Homeland Security and the Secretary of State that 
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1 the intending employer has filed with the Secretary of 

2 Labor an attestation under section 212(t)(1);’’; and 

3 (2) in clause (i), by striking ‘‘or’’ after ‘‘na4 tional;’’. 

5 (b) Section 202 of such Act (8 U.S.C. 1152) is amended 

6 by adding at the end the following new subsection: 

7 ‘‘(f) SPECIAL RULE FOR AUSTRALIA.—The total num8 ber of aliens who may acquire nonimmigrant status under 

9 section 101(a)(15)(E)(iii) may not exceed 5000 for a fiscal 

10 year.’’. 

11 (c) Section 214(i)(1) of such Act (8 U.S.C. 1184(i)(1)) 

12 is amended by inserting ‘‘, section 101(a)(15)(E)(iii),’’ after 

13 ‘‘section 101(a)(15)(H)(i)(b)’’. 

14 (d) Section 212(t) of such Act (8 U.S.C. 1182(t)), as 

15 added by section 402(b)(2) of the United States-Chile Free 

16 Trade Agreement Implementation Act (Public Law 108–77; 

17 117 Stat. 941), is amended— 

18 (1) by inserting ‘‘or section 101(a)(15)(E)(iii)’’ 

19 after ‘‘section 101(a)(15)(H)(i)(b1)’’ each place it ap20 pears; 

21 (2) in paragraph (3)(C)(i)(II), by striking ‘‘or’’ 

22 in the third place it appears; 

23 (3) in paragraph (3)(C)(ii)(II), by striking ‘‘or’’ 

24 in the third place it appears; and 
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1 (4) in paragraph (3)(C)(iii)(II), by striking ‘‘or’’ 

2 in the third place it appears. 

3 This Act may be cited as the ‘‘Emergency Supple4 mental Appropriations Act for Defense, the Global War on 

5 Terror, and Tsunami Relief, 2005’’.

Amend the title so as to read: ‘‘An Act Making 

Emergency Supplemental Appropriations for Defense, the 

Global War on Terror, and Tsunami Relief, for the fiscal 

year ending September 30, 2005, and for other purposes.’’.

Passed the House of Representatives March 16, 

2005. 

Attest: JEFF TRANDAHL, 

Clerk. 

Passed the Senate April 21, 2005. 

Attest: EMILY J. REYNOLDS, 

Secretary.