(RESCISSION)
SEC. 2102. The unexpended balance appropriated by
Public Law 108–11 under the heading ‘‘Economic Sup-
port Fund’’ and made available for Turkey is rescinded.
SEC. 2103. Section 559 of division D of Public Law
108–447 is amended by adding at the end the following:
‘‘(e) Subsequent to the certification specified in sub-
section (a), the Comptroller General of the United States
shall conduct an audit and an investigation of the treat-
ment, handling, and uses of all funds for the bilateral
West Bank and Gaza Program in fiscal year 2005 under
the heading ‘Economic Support Fund’. The audit shall
address—
‘‘(1) the extent to which such Program complies
with the requirements of subsections (b) and (c),
and
‘‘(2) an examination of all programs, projects,
and activities carried out under such Program, in-
cluding both obligations and expenditures.’’.
SEC. 2104. The Secretary of State shall submit to
the Committees on Appropriations not later than 30 days
after enactment, and prior to the initial obligation of funds
appropriated under this chapter, a report on the proposed
uses of all funds on a project-by-project basis, for which
the obligation of funds is anticipated: Provided, That up
to 10 percent of funds appropriated under this chapter
may be obligated before the submission of the report sub-
ject to the normal notification procedures of the Commit-
tees on Appropriations: Provided further, That the report
shall be updated and submitted to the Committees on Ap-
propriations every six months and shall include informa-
tion detailing how the estimates and assumptions con-
tained in previous reports have changed: Provided further,
That any new projects and increases in funding of ongoing
projects shall be subject to the prior approval of the Com-
mittees on Appropriations: Provided further, That the Sec-
retary of State shall submit to the Committees on Appro-
priations, not later than 210 days following enactment of
this Act and annually thereafter, a report detailing on a
project-by-project basis the expenditure of funds appro-
priated under this chapter until all funds have been fully
expended.
SEC. 2105. The Comptroller General of the United
States shall conduct an audit of the use of all funds for
the bilateral Afghanistan counternarcotics and alternative
livelihood programs in fiscal year 2005 under the heading
‘‘Economic Support Fund’’ and ‘‘International Narcotics
Control and Law Enforcement’’: Provided, That the audit
shall include an examination of all programs, projects and
activities carried out under such programs, including both
obligations and expenditures.
SEC. 2106. No later than 60 days after the date of
enactment of this Act, the President shall submit a report
to the Congress detailing—
(1) information regarding the Palestinian secu-
rity services, including their numbers, accountability,
and chains of command, and steps taken to purge
from their ranks individuals with ties to terrorist en-
tities;
(2) specific steps taken by the Palestinian Au-
thority to dismantle the terrorist infrastructure, con-
fiscate unauthorized weapons, arrest and bring ter-
rorists to justice, destroy unauthorized arms fac-
tories, thwart and preempt terrorist attacks, and co-
operate with Israel’s security services;
(3) specific actions taken by the Palestinian Au-
thority to stop incitement in Palestinian Authority-
controlled electronic and print media and in schools,
mosques, and other institutions it controls, and to
promote peace and coexistence with Israel;
(4) specific steps the Palestinian Authority has
taken to ensure democracy, the rule of law, and an
independent judiciary, and transparent and account-
able governance;
(5) the Palestinian Authority’s cooperation with
United States officials in their investigations into
the late Palestinian leader Yasser Arafat’s finances;
and
(6) the amount of assistance pledged and actu-
ally provided to the Palestinian Authority by other
donors:
Provided, That not later than 180 days after enactment
of this Act, the President shall submit to the Congress
an update of this report: Provided further, That up to
$5,000,000 of the funds made available for assistance to
the West Bank and Gaza by this title under ‘‘Economic
Support Fund’’ shall be used for an outside, independent
evaluation by an internationally recognized accounting
firm of the transparency and accountability of Palestinian
Authority accounting procedures and an audit of expendi-
tures by the Palestinian Authority: Provided further, That
the waiver authority of section 550(b) of the Foreign Op-
erations, Export Financing, and Related Programs Appro-
priations Act, 2005 (Public Law 108–447) may not be ex-
ercised with respect to funds appropriated for assistance
to the Palestinians under this chapter: Provided further,
That the waiver detailed in Presidential Determination
2005–10 issued on December 8, 2004, shall not be ex-
tended to funds appropriated under this chapter.
CHAPTER 2
DEPARTMENT OF STATE AND RELATED
AGENCY
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for ‘‘Diplomatic and Con-
sular Programs’’, $748,500,000, to remain available until
September 30, 2006: Provided, That the amounts provided
under this heading are designated as an emergency re-
quirement pursuant to section 402 of the conference re-
port to accompany S. Con. Res. 95 (108th Congress).
EMBASSY SECURITY, CONSTRUCTION, AND
MAINTENANCE
For an additional amount for ‘‘Embassy Security,
Construction, and Maintenance’’, $592,000,000, to re-
main available until expended: Provided, That the
amounts provided under this heading are designated as
an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
INTERNATIONAL ORGANIZATIONS
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING
ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Contributions for
International Peacekeeping Activities’’, $580,000,000, to
remain available until September 30, 2006: Provided,
That the amounts provided under this heading are des-
ignated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res.
95 (108th Congress): Provided further, That up to
$55,000,000 provided under this heading may be trans-
ferred to ‘‘Peacekeeping Operations’’, to be available for
costs of establishing and operating a Sudan war crimes
tribunal.
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ‘‘International Broad-
casting Operations’’ for activities related to broadcasting
to the broader Middle East, $4,800,000, to remain avail-
able until September 30, 2006: Provided, That the
amounts provided under this heading are designated as
an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
CHAPTER 3
DEPARTMENT OF AGRICULTURE
FOREIGN AGRICULTURAL SERVICE
PUBLIC LAW 480 TITLE II GRANTS
For an additional amount for ‘‘Public Law 480 Title
II Grants’’, $150,000,000, to remain available until ex-
pended: Provided, That the amounts provided under this
heading are designated as an emergency requirement pur-
suant to section 402 of the conference report to accom-
pany S. Con. Res. 95 (108th Congress).
TITLE III—DOMESTIC APPROPRIATIONS FOR
THE WAR ON TERROR
CHAPTER 1
DEPARTMENT OF ENERGY
NATIONAL NUCLEAR SECURITY
ADMINISTRATION
DEFENSE NUCLEAR NONPROLIFERATION
For an additional amount for ‘‘Defense Nuclear Non-
proliferation’’, $110,000,000, to remain available until ex-
pended: Provided, That the amounts provided under this
heading are designated as an emergency requirement pur-
suant to section 402 of the conference report to accom-
pany S. Con. Res. 95 (108th Congress).
CHAPTER 2
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
OPERATING EXPENSES
For an additional amount for ‘‘Operating Expenses’’,
$111,950,000: Provided, That the amounts provided
under this heading are designated as an emergency re-
quirement pursuant to section 402 of the conference re-
port to accompany S. Con. Res. 95 (108th Congress).
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For an additional amount for ‘‘Acquisition, Construc-
tion, and Improvements’’, $49,200,000, to remain avail-
able until September 30, 2007: Provided, That the
amounts provided under this heading are designated as
an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
CHAPTER 3
DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $78,970,000: Provided, That the amounts pro-
vided under this heading are designated as an emergency
requirement pursuant to section 402 of the conference re-
port to accompany S. Con. Res. 95 (108th Congress).
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses,’’ $7,648,000: Provided, That the amounts pro-
vided under this heading are designated as an emergency
requirement pursuant to section 402 of the conference re-
port to accompany S. Con. Res. 95 (108th Congress).
TITLE IV—INDIAN OCEAN TSUNAMI RELIEF
CHAPTER 1
FUNDS APPROPRIATED TO THE PRESIDENT
OTHER BILATERAL ASSISTANCE
TSUNAMI RECOVERY AND RECONSTRUCTION FUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Foreign As-
sistance Act of 1961, for emergency relief, rehabilitation,
and reconstruction aid to countries affected by the tsu-
nami and earthquakes of December 2004, and for other
purposes, $656,000,000 (increased by $3,000,000), to re-
main available until September 30, 2006: Provided, That
these funds may be transferred by the Secretary of State
to any Federal agency or account for any activity author-
ized under part I (including chapter 4 of part II) of the
Foreign Assistance Act, or under the Agricultural Trade
Development and Assistance Act of 1954, to accomplish
the purposes provided herein: Provided further, That upon
a determination that all or part of the funds so transferred
from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back
to this appropriation: Provided further, That funds appro-
priated under this heading may be used to reimburse fully
accounts administered by the United States Agency for
International Development for obligations incurred for the
purposes provided under this heading prior to enactment
of this Act, including Public Law 480 Title II grants: Pro-
vided further, That the amounts provided under this head-
ing are designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S.
Con. Res. 95 (108th Congress): Provided further, That of
the amounts provided herein: up to $10,000,000 may be
transferred to and consolidated with the Development
Credit Authority for the cost of direct loans and loan guar-
antees as authorized by sections 256 and 635 of the For-
eign Assistance Act of 1961 in furtherance of the purposes
of this heading; up to $15,000,000 may be transferred to
and consolidated with ‘‘Operating Expenses of the United
States Agency for International Development’’, of which
up to $2,000,000 may be used for administrative expenses
to carry out credit programs administered by the United
States Agency for International Development in further-
ance of the purposes of this heading; up to $500,000 may
be transferred to and consolidated with ‘‘Operating Ex-
penses of the United States Agency for International De-
velopment, Office of Inspector General’’; and up to
$5,000,000 may be transferred to and consolidated with
‘‘Administration of Foreign Affairs Emergencies in the
Diplomatic and Consular Service’’ for the purpose of pro-
viding support services for U.S. citizen victims and related
operations.
GENERAL PROVISION
SEC. 4101. Amounts made available pursuant to sec-
tion 492(b) of the Foreign Assistance Act of 1961 to ad-
dress relief and rehabilitation needs for countries affected
by the tsunami and earthquake of December 2004, prior
to the enactment of this Act, shall be in addition to the
amount that may be obligated in fiscal year 2005 under
that section.
SEC. 4102. The Secretary of State shall submit to
the Committees on Appropriations not later than 30 days
after enactment, and prior to the initial obligation of funds
appropriated under this chapter, a report on the proposed
uses of all funds on a project-by-project basis, for which
the obligation of funds is anticipated: Provided, That up
to 10 percent of funds appropriated under this chapter
may be obligated before the submission of the report sub-
ject to the normal notification procedures of the Commit-
tees on Appropriations: Provided further, That the report
shall be updated and submitted to the Committees on Ap-
propriations every six months and shall include informa-
tion detailing how the estimates and assumptions con-
tained in previous reports have changed: Provided further,
That any proposed new projects and increases in funding
of ongoing projects shall be reported to the Committees
on Appropriations in accordance with regular notification
procedures: Provided further, That the Secretary of State
shall submit to the Committees on Appropriations, not
later than 210 days following enactment of this Act, and
every six months thereafter, a report detailing on a
project-by project basis, the expenditure of funds appro-
priated under this chapter until all funds have been fully
expended.
CHAPTER 2
DEPARTMENT OF DEFENSE—MILITARY
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Main-
tenance, Navy’’, $124,100,000: Provided, That the
amounts provided under this heading are designated as
an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
OPERATION AND MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps’’, $2,800,000: Provided, That the
amounts provided under this heading are designated as
an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Main-
tenance, Air Force’’, $30,000,000: Provided, That the
amounts provided under this heading are designated as
an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Main-
tenance, Defense-Wide’’, $29,150,000: Provided, That the
amounts provided under this heading are designated as
an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
For an additional amount for ‘‘Overseas Humani-
tarian, Disaster, and Civic Aid’’, $36,000,000, to remain
available until September 30, 2006: Provided, That the
amounts provided under this heading are designated as
an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
CHAPTER 3
DEPARTMENT OF DEFENSE
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Pro-
gram’’, $3,600,000 for operation and maintenance: Pro-
vided, That the amounts provided under this heading are
designated as an emergency requirement pursuant to sec-
tion 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
OPERATING EXPENSES
For an additional amount for ‘‘Operating Expenses’’,
$350,000: Provided, That the amounts provided under
this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accom-
pany S. Con. Res. 95 (108th Congress).
CHAPTER 5
DEPARTMENT OF THE INTERIOR
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ‘‘Surveys, Investiga-
tions, and Research’’, $8,100,000, to remain available
until September 30, 2006: Provided, That the amounts
provided under this heading are designated as an emer-
gency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Con-
gress).
CHAPTER 6
DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ‘‘Operations, Research,
and Facilities’’, $4,830,000, to remain available until Sep-
tember 30, 2006, for United States tsunami warning ca-
pabilities and operations: Provided, That the amounts pro-
vided under this heading are designated as an emergency
requirement pursuant to section 402 of the conference re-
port to accompany S. Con. Res. 95 (108th Congress).
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For an additional amount for ‘‘Procurement, Acquisi-
tion and Construction’’, $9,670,000, to remain available
until September 30, 2007, for United States tsunami
warning capabilities: Provided, That the amounts provided
under this heading are designated as an emergency re-
quirement pursuant to section 402 of the conference re-
port to accompany S. Con. Res. 95 (108th Congress).
TITLE V—GENERAL PROVISIONS AND
TECHNICAL CORRECTIONS
SEC. 5001. No part of any appropriation contained
in this Act shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
(INCLUDING TRANSFERS OF FUNDS)
SEC. 5002. Notwithstanding any other provision of
law, upon enactment of this Act, the Secretary of Defense
shall make the following transfers of funds previously
made available in the Department of Defense Appropria-
tions Act, 2005 (Public Law 108–287): Provided, That the
amounts transferred shall be made available for the same
purpose and the same time period as the appropriation
to which transferred: Provided further, That the authority
provided in this section is in addition to any other transfer
authority available to the Department of Defense: Pro-
vided further, That the amounts shall be transferred be-
tween the following appropriations, in the amounts speci-
fied:
To:
Under the heading, ‘‘Research, Develop-
ment, Test and Evaluation, Air Force,
2005/2006’’, $500,000;
From:
Under the heading, ‘‘Other Procurement,
Air Force’’, $500,000.
To:
Under the heading, ‘‘Other Procurement,
Air Force, 2005/2007’’, $8,200,000;
From:
Under the heading, ‘‘Other Procurement,
Navy, 2005/2007’’, $8,200,000.
SEC. 5003. Funds appropriated by this Act may be
obligated and expended notwithstanding section 15 of the
State Department Basic Authorities Act of 1956, section
313 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103–236) and section
10 of Public Law 91–672 (22 U.S.C. 2412), and section
504(a)(1) of the National Security Act of 1947 (50 U.S.C.
414(a)(1)).
SEC. 5004. The last proviso under the heading ‘‘Op-
eration and Maintenance’’ in title I of division C of Public
Law 108–447 is amended by striking ‘‘Public Law 108–
357’’ and inserting ‘‘Public Law 108–137’’.
SEC. 5005. Section 101 of title I of division C of Pub-
lic Law 108–447 is amended by striking ‘‘per project’’ and
all that follows through the period at the end and inserting
‘‘for all applicable programs and projects not to exceed
$80,000,000 in each fiscal year.’’.
SEC. 5006. The matter under the heading ‘‘Water
and Related Resources’’ in title II of division C of Public
Law 108–447 is amended by inserting before the period
at the end the following: ‘‘: Provided further, That
$4,023,000 of the funds appropriated under this heading
shall be deposited in the San Gabriel Basin Restoration
Fund established by section 110 of title I of division B
of the Miscellaneous Appropriations Act, 2001 (as enacted
into law by Public Law 106–554)’’.
SEC. 5007. In division C, title III of the Consolidated
Appropriations Act, 2005 (Public Law 108–447), the item
relating to ‘‘Department of Energy—Energy Programs—
Nuclear Waste Disposal’’ is amended by—
(1) inserting ‘‘to be derived from the Nuclear
Waste Fund and’’ after ‘‘$346,000,000,’’; and
(2) striking ‘‘to conduct scientific oversight re-
sponsibilities and participate in licensing activities
pursuant to the Act’’ and inserting ‘‘to participate
in licensing activities and other appropriate activities
pursuant to the Act’’.
SEC. 5008. Section 144(b)(2) of title I of division E
of Public Law 108–447 is amended by striking ‘‘Sep-
tember 24, 2004’’ and inserting ‘‘November 12, 2004’’.
SEC. 5009. In the statement of the managers of the
committee of conference accompanying H.R. 4818 (Public
Law 108–447; House Report 108–792), in the matter in
title III of division F, relating to the Fund for the Im-
provement of Education under the heading ‘‘Innovation
and Improvement’’—
(1) the provision specifying $500,000 for the
Mississippi Museum of Art, Jackson, MS for Hardy
Middle School After School Program shall be
deemed to read ‘‘Mississippi Museum of Art, Jack-
son, MS for a Mississippi Museum of Art After-
School Collaborative’’;
(2) the provision specifying $2,000,000 for the
Milken Family Foundation, Santa Monica, CA, for
the Teacher Advancement Program shall be deemed
to read ‘‘Teacher Advancement Program Founda-
tion, Santa Monica, CA for the Teacher Advance-
ment Program’’;
(3) the provision specifying $1,000,000 for
Batelle for Kids, Columbus, OH for a multi-state ef-
fort to evaluate and learn the most effective ways for
accelerating student academic growth shall be
deemed to read ‘‘Battelle for Kids, Columbus, OH
for a multi-state effort to implement, evaluate and
learn the most effective ways for accelerating stu-
dent academic growth’’;
(4) the provision specifying $750,000 for the
Institute of Heart Math, Boulder Creek, CO for a
teacher retention and student dropout prevention
program shall be deemed to read ‘‘Institute of Heart
Math, Boulder Creek, CA for a teacher retention
and student dropout prevention program’’;
(5) the provision specifying $200,000 for Fair-
fax County Public Schools, Fairfax, VA for Chinese
language programs in Franklin Sherman Elemen-
tary School and Chesterbrook Elementary School in
McLean, Virginia shall be deemed to read ‘‘Fairfax
County Public Schools, Fairfax, VA for Chinese lan-
guage programs in Shrevewood Elementary School
and Wolftrap Elementary School’’;
(6) the provision specifying $1,250,000 for the
University of Alaska/Fairbanks in Fairbanks, AK,
working with the State of Alaska and Catholic Com-
munity Services, for the Alaska System for Early
Education Development (SEED) shall be deemed to
read ‘‘University of Alaska/Southeast in Juneau,
AK, working with the State of Alaska and Catholic
Community Services, for the Alaska System for
Early Education Development (SEED)’’;
(7) the provision specifying $25,000 for QUILL
Productions, Inc., Aston, PA, to develop and dis-
seminate programs to enhance the teaching of Amer-
ican history shall be deemed to read ‘‘QUILL Enter-
tainment Company, Aston, PA, to develop and dis-
seminate programs to enhance the teaching of Amer-
ican history’’;
(8) the provision specifying $780,000 for City
of St. Charles, MO for the St. Charles Foundry Arts
Center in support of arts education shall be deemed
to read ‘‘The Foundry Art Centre, St. Charles, Mis-
souri for support of arts education in conjunction
with the City of St. Charles, MO’’;
(9) the provision specifying $100,000 for Com-
munity Arts Program, Chester, PA, for arts edu-
cation shall be deemed to read ‘‘Chester Economic
Development Authority, Chester, PA for a commu-
nity arts program’’;
(10) the provision specifying $100,000 for Kids
with A Promise—The Bowery Mission, Bushkill, PA
shall be deemed to read ‘‘Kids with A Promise—The
Bowery Mission, New York, NY’’;
(11) the provision specifying $50,000 for Great
Projects Film Company, Inc., Washington, DC, to
produce ‘‘Educating America’’, a documentary about
the challenges facing our public schools shall be
deemed to read ‘‘Great Projects Film Company,
Inc., New York, NY, to produce ‘Educating Amer-
ica’, a documentary about the challenges facing our
public schools’’;
(12) the provision specifying $30,000 for Sum-
mer 
Camp 
Opportunities 
Provide 
an 
Edge
(SCOPE), New York, NY for YMCA Camps
Skycrest, Speers and Elijabar shall be deemed to
read ‘‘American Camping Association for Summer
Camp Opportunities Provide an Edge (SCOPE),
New York, NY for YMCA Camps Skycrest and
Speers-Elijabar’’; and
(13) the provision specifying $163,000 for
Space Education Initiatives, Green Bay, WI for the
Wisconsin Space Science Initiative shall be deemed
to read ‘‘Space Education Initiatives, De Pere, WI
for the Wisconsin Space Science Initiative’’.
SEC. 5010. In the statement of the managers of the
committee of conference accompanying H.R. 4818 (Public
Law 108–447; House Report 108–792), in the matter in
title III of division F, relating to the Fund for the Im-
provement of Postsecondary Education under the heading
‘‘Higher Education’’—
(1) the provision specifying $145,000 for the
Belin-Blank Center at the University of Iowa, Iowa
City, IA for the Big 10 school initiative to improve
minority student access to Advanced Placement
courses shall be deemed to read ‘‘University of Iowa,
Iowa City, IA for the Iowa and Israel: Partners in
Excellence program to enhance math and science op-
portunities to rural Iowa students’’;
(2) the provision specifying $150,000 for Mercy
College, Dobbs Ferry, NY for the development of a
registered nursing program shall be deemed to read
‘‘Mercy College, Dobbs Ferry, NY, for the develop-
ment of a master’s degree program in nursing edu-
cation, including marketing and recruitment activi-
ties’’;
(3) the provision specifying $100,000 for Uni-
versity of Alaska/Southeast to develop distance edu-
cation coursework for arctic engineering courses and
programs shall be deemed to read ‘‘University of
Alaska System Office to develop distance education
coursework for arctic engineering courses and pro-
grams’’; and
(4) the provision specifying $100,000 for Cul-
ver-Stockton College, Canton, MO for equipment
and technology shall be deemed to read ‘‘Moberly
Area Community College, Moberly, MO for equip-
ment and technology’’.
SEC. 5011. The matter under the heading ‘‘Corpora-
tion for National and Community Service—National and
Community Service Programs Operating Expenses’’ in
title III of division I of Public Law 108–447 is amended
by inserting before the period at the end the following:
‘‘: Provided further, That the Corporation may use up to
1 percent of program grant funds made available under
this heading to defray its costs of conducting grant appli-
cation reviews, including the use of outside peer review-
ers’’.
SEC. 5012. Section 114 of title I of division I of the
Consolidated Appropriations Act, 2005 (Public Law 108–
447) is amended by inserting before the period ‘‘and sec-
tion 303 of Public Law 108–422’’.
SEC. 5013. Section 117 of title I of division I of the
Consolidated Appropriations Act, 2005 (Public Law 108–
447) is amended by striking ‘‘that are deposited into the
Medical Care Collections Fund may be transferred and
merged with’’ and inserting ‘‘may be deposited into the’’.
SEC. 5014. Section 1703(d)(2) of title 38, United
States Code, is amended by striking ‘‘shall be available
for the purposes’’ and inserting ‘‘shall be available, with-
out fiscal limitation, for the purposes’’.
SEC. 5015. Section 621 of title VI of division B of
Public Law 108–199 is amended by striking ‘‘of pas-
senger, cargo and other aviation services’’.
SEC. 5016. Section 619(a) of title VI of division B
of Public Law 108–447 is amended by striking ‘‘Asheville-
Buncombe Technical Community College’’ and inserting
‘‘the International Small Business Institute’’.
SEC. 5017. (a) Section 619(a) of title VI of division
B of Public Law 108–447 is amended by striking ‘‘for
the continued modernization of the Mason Building’’.
(b) Section 621 of title VI of division B of Public
Law 108–199, as amended by Public Law 108–447, is
amended by striking ‘‘, for the continued modernization
of the Mason Building’’.
SEC. 5018. The Department of Justice may transfer
funds from any Department of Justice account to ‘‘Deten-
tion Trustee’’: Provided, That the notification requirement
in section 605(b) of title VI of division B of Public Law
108–447 shall remain in effect for any such transfers.
SEC. 5019. The referenced statement of managers
under the heading ‘‘Community Development Fund’’ in
title II of division K of Public Law 108–7 is deemed to
be amended—
(1) with respect to item number 39 by striking
‘‘Conference and Workforce Center in Harrison, Ar-
kansas’’ and inserting ‘‘in Harrison, Arkansas for
facilities construction of the North Arkansas College
Health Sciences Education Center’’; and
(2) with respect to item number 316 by striking
‘‘for renovation of a visitor center to accommodate
a Space and Flight Center’’ and inserting ‘‘to build-
out the Prince George’s County Economic Develop-
ment and Business Assistance Center’’.
SEC. 5020. The referenced statement of the man-
agers under the heading ‘‘Community Development Fund’’
in title II of division G of Public Law 108–199 is deemed
to be amended—
(1) with respect to item number 56 by striking
‘‘Conference and Training Center’’ and inserting
‘‘North Arkansas College Health Sciences Education
Center’’;
(2) with respect to item number 102 by striking
‘‘to the Town of Groveland, California for purchase
of a youth center’’ and inserting ‘‘to the County of
Tuolomne for the purchase of a new youth center in
the mountain community of Groveland’’;
(3) with respect to item number 218 by striking
‘‘for construction’’ and inserting ‘‘for design and en-
gineering’’;
(4) with respect to item number 472 by striking
‘‘for sidewalk, curbs and facade improvements in the
Morton Avenue neighborhood’’ and inserting ‘‘for
streetscape renovation’’; and
(5) with respect to item number 493 by striking
‘‘for land acquisition’’ and inserting ‘‘for planning
and design of its Sports and Recreation Center and
Education Complex’’.
SEC. 5021. The referenced statement of the man-
agers under the heading ‘‘Community Development Fund’’
in title II of division I of Public Law 108–447 is deemed
to be amended as follows—
(1) with respect to item number 706 by striking
‘‘ a public swimming pool’’ and inserting ‘‘recreation
fields’’;
(2) with respect to item number 667 by striking
‘‘to the Town of Appomattox, Virginia for facilities
construction of an African-American cultural and
heritage museum at the Carver-Price building’’ and
inserting ‘‘to the County of Appomattox, Virginia for
renovation of the Carver-Price building’’;
(3) with respect to item number 668 by striking
‘‘for the Town of South Boston, Virginia for renova-
tions and creation of a community arts center at the
Prizery’’ and inserting ‘‘for The Prizery in South
Boston, Virginia for renovations and creation of a
community arts center’’;
(4) with respect to item number 669 by striking
‘‘for the City of Moneta, Virginia for facilities con-
struction and renovations of an art, education, and
community outreach center’’ and inserting ‘‘for the
Moneta Arts, Education, and Community Outreach
Center in Moneta, Virginia for facilities construction
and renovations’’;
(5) with respect to item number 910 by striking
‘‘repairs to’’ and inserting ‘‘renovation and construc-
tion of’’; and
(6) with respect to item number 902 by striking
‘‘City of Brooklyn’’ and inserting ‘‘Fifth Ave Com-
mittee in Brooklyn’’.
SEC. 5022. Section 308 of division B of Public Law
108–447 is amended by striking all after the words ‘‘shall
be deposited’’, and inserting ‘‘as offsetting receipts to the
fund established under 28 U.S.C. 1931 and shall remain
available to the Judiciary until expended to reimburse any
appropriation for the amount paid out of such appropria-
tion for expenses of the Courts of Appeals, District
Courts, and Other Judicial Services and the Administra-
tive Offices of the United States Courts.’’.
SEC. 5023. Section 198 of division H of Public Law
108–447 is amended by inserting ‘‘under title 23 of the
United States Code’’ after ‘‘law’’.
SEC. 5024. The District of Columbia Appropriations
Act, 2005 (Public Law 108–335) approved October 18,
2004, is amended as follows:
(1) Section 331 is amended as follows:
(A) in the first sentence by striking the
word 
‘‘$15,000,000’’ 
and 
inserting
‘‘$42,000,000, to remain available until ex-
pended,’’ in its place; and
(B) by amending paragraph (5) to read as
follows:
‘‘(5) The amounts may be obligated or ex-
pended only if the Mayor notifies the Committees on
Appropriations of the House of Representatives and
Senate in writing 30 days in advance of any obliga-
tion or expenditure.’’.
(2) By inserting a new section before the short
title at the end to read as follows:
‘‘SEC. 348. The amount appropriated by this Act may
be increased by an additional amount of $206,736,000 (in-
cluding $49,927,000 from local funds and $156,809,000
from other funds) to be transferred by the Mayor of the
District of Columbia to the various headings under this
Act as follows:
‘‘(1) 
$174,927,000 
(including 
$34,927,000
from local funds, and $140,000,000 from other
funds) shall be transferred under the heading ‘Gov-
ernment Direction and Support’: Provided, That of
the funds, $33,000,000 from local funds shall re-
main available until expended: Provided further,
That of the funds, $140,000,000 from other funds
shall remain available until expended and shall only
be available in conjunction with revenue from a pri-
vate or alternative financing proposal approved pur-
suant to section 106 of DC Act 15–717, the
‘Ballpark Omnibus Financing and Revenue Act of
2004’ approved by the District of Columbia, Decem-
ber 29, 2004, and
‘‘(2) $15,000,000 from local funds shall be
transferred under the heading ‘Repayment of Loans
and Interest’, and
‘‘(3) $14,000,000 from other funds shall be
transferred under the heading ‘Sports and Enter-
tainment Commission’, and
‘‘(4) $2,809,000 from other funds shall be
transferred under the heading ‘Water and Sewer Au-
thority’.’’.
TITLE VI—
HUMANITARIAN ASSISTANCE CODE OF
CONDUCT
SEC. 6001. SHORT TITLE.
This title may be cited as the ‘‘Humanitarian Assist-
ance Code of Conduct Act of 2005’’.
SEC. 6002. CODE OF CONDUCT FOR THE PROTECTION OF
BENEFICIARIES OF HUMANITARIAN ASSIST-
ANCE.
(a) PROHIBITION.—None of the funds made available
for foreign operations, export financing, and related pro-
grams under the headings ‘‘Migration and Refugee Assist-
ance’’, ‘‘United States Emergency Refugee and Migration
Assistance Fund’’, ‘‘International Disaster and Famine
Assistance’’, or ‘‘Transition Initiatives’’ may be obligated
to an organization that fails to adopt a code of conduct
that provides for the protection of beneficiaries of assist-
ance under any such heading from sexual exploitation and
abuse in humanitarian relief operations.
(b) SIX CORE PRINCIPLES.—The code of conduct re-
ferred to in subsection (a) shall, to the maximum extent
practicable, be consistent with the following six core prin-
ciples of the United Nations Inter-Agency Standing Com-
mittee Task Force on Protection From Sexual Exploi-
tation and Abuse in Humanitarian Crises:
(1) ‘‘Sexual exploitation and abuse by humani-
tarian workers constitute acts of gross misconduct
and are therefore grounds for termination of employ-
ment.’’.
(2) ‘‘Sexual activity with children (persons
under the age of 18) is prohibited regardless of the
age of majority or age of consent locally. Mistaken
belief regarding the age of a child is not a defense.’’.
(3) ‘‘Exchange of money, employment, goods, or
services for sex, including sexual favors or other
forms of humiliating, degrading or exploitative be-
havior, is prohibited. This includes exchange of as-
sistance that is due to beneficiaries.’’.
(4) ‘‘Sexual relationships between humanitarian
workers and beneficiaries are strongly discouraged
since they are based on inherently unequal power dy-
namics. Such relationships undermine the credibility
and integrity of humanitarian aid work.’’.
(5) ‘‘Where a humanitarian worker develops
concerns or suspicions regarding sexual abuse or ex-
ploitation by a fellow worker, whether in the same
agency or not, he or she must report such concerns
via established agency reporting mechanisms.’’.
(6) ‘‘Humanitarian agencies are obliged to cre-
ate and maintain an environment which prevents
sexual exploitation and abuse and promotes the im-
plementation of their code of conduct. Managers at
all levels have particular responsibilities to support
and develop systems which maintain this environ-
ment.’’.
SEC. 6003. REPORT.
Not later than 180 days after the date of the enact-
ment of this Act, and not later than one year after the
date of the enactment of this Act, the President shall
transmit to the Committee on Appropriations and the
Committee on International Relations of the House of
Representatives and the Committee on Appropriations and
the Committee on Foreign Relations of the Senate a de-
tailed report on the implementation of this title.
SEC. 6004. EFFECTIVE DATE; APPLICABILITY.
This title—
(1) takes effect 60 days after the date of the
enactment of this Act; and
(2) applies to funds obligated after the effective
date referred to in paragraph (1)—
(A) for fiscal year 2005; and
(B) any subsequent fiscal year.
TITLE VII—ADDITIONAL GENERAL PROVISIONS
SEC. 7001. None of the funds made available in this
Act may be used for embassy security, construction, and
maintenance.
SEC. 7002. None of the funds made available in this
Act may be used to fund any contract in contravention
of section 15(g)(2) of the Small Business Act (15 U.S.C.
644(g)(2)).
SEC. 7003. None of the funds made available in this
Act may be used in contravention of the following laws
enacted or regulations promulgated to implement the
United Nations Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment
(done at New York on December 10, 1984):
(1) Section 2340A of title 18, United States
Code.
(2) Section 2242 of the Foreign Affairs Reform
and Restructuring Act of 1998 (division G of Public
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231
note) and any regulations prescribed thereto, includ-
ing regulations under part 208 of title 8, Code of
Federal Regulations, and part 95 of title 22, Code
of Federal Regulations.
This division may be cited as the ‘‘Emergency Sup-
plemental Appropriations Act for Defense, the Global War
on Terror, and Tsunami Relief, 2005’’.
DIVISION B—REAL ID ACT OF
2005
SECTION 1. SHORT TITLE.
This division may be cited as the ‘‘REAL ID Act of
2005’’.
TITLE I—AMENDMENTS TO FED-
ERAL 
LAWS 
TO 
PROTECT
AGAINST TERRORIST ENTRY
SEC. 101. PREVENTING TERRORISTS FROM OBTAINING RE-
LIEF FROM REMOVAL.
(a) CONDITIONS FOR GRANTING ASYLUM.—Section
208(b)(1) of the Immigration and Nationality Act (8
U.S.C. 1158(b)(1)) is amended—
(1) by striking ‘‘The Attorney General’’ the
first place such term appears and inserting the fol-
lowing:
‘‘(A) 
ELIGIBILITY.—The 
Secretary 
of
Homeland Security or the Attorney General’’;
(2) by striking ‘‘the Attorney General’’ the sec-
ond and third places such term appears and insert-
ing ‘‘the Secretary of Homeland Security or the At-
torney General’’; and
(3) by adding at the end the following:
‘‘(B) BURDEN OF PROOF.—
‘‘(i) IN
GENERAL.—The burden of
proof is on the applicant to establish that
the applicant is a refugee, within the
meaning of section 101(a)(42)(A). To es-
tablish that the applicant is a refugee with-
in the meaning of such section, the appli-
cant must establish that race, religion, na-
tionality, membership in a particular social
group, or political opinion was or will be a
central reason for persecuting the appli-
cant.
‘‘(ii) SUSTAINING BURDEN.—The tes-
timony of the applicant may be sufficient
to sustain the applicant’s burden without
corroboration, but only if the applicant sat-
isfies the trier of fact that the applicant’s
testimony is credible, is persuasive, and re-
fers to specific facts sufficient to dem-
onstrate that the applicant is a refugee. In
determining whether the applicant has met
the applicant’s burden, the trier of fact
may weigh the credible testimony along
with other evidence of record. Where the
trier of fact determines, in the trier of
fact’s discretion, that the applicant should
provide evidence which corroborates other-
wise credible testimony, such evidence
must be provided unless the applicant does
not have the evidence and cannot reason-
ably obtain the evidence without departing
the United States. The inability to obtain
corroborating evidence does not excuse the
applicant from meeting the applicant’s
burden of proof.
‘‘(iii) 
CREDIBILITY
DETERMINA-
TION.—The trier of fact should consider all
relevant factors and may, in the trier of
fact’s discretion, base the trier of fact’s
credibility determination on any such fac-
tor, including the demeanor, candor, or re-
sponsiveness of the applicant or witness,
the inherent plausibility of the applicant’s
or witness’s account, the consistency be-
tween the applicant’s or witness’s written
and oral statements (whenever made and
whether or not made under oath), the in-
ternal consistency of each such statement,
the consistency of such statements with
other evidence of record (including the re-
ports of the Department of State on coun-
try conditions), and any inaccuracies or
falsehoods in such statements, without re-
gard to whether an inconsistency, inaccu-
racy, or falsehood goes to the heart of the
applicant’s claim. There is no presumption
of credibility.’’.
(b) WITHHOLDING OF REMOVAL.—Section 241(b)(3)
of the Immigration and Nationality Act (8 U.S.C.
1231(b)(3)) is amended by adding at the end the fol-
lowing:
‘‘(C) SUSTAINING
BURDEN
OF
PROOF;
CREDIBILITY
DETERMINATIONS.—In 
deter-
mining whether an alien has demonstrated that
the alien’s life or freedom would be threatened
for a reason described in subparagraph (A), the
trier of fact shall determine whether the alien
has sustained the alien’s burden of proof, and
shall make credibility determinations, in the
manner described in clauses (ii) and (iii) of sec-
tion 208(b)(1)(B).’’.