H. R. 1268—19
PROHIBITION OF NEW START PROGRAMS
SEC. 1015. (a) None of the funds provided in this title may
be used to finance programs or activities denied by Congress in
fiscal year 2004 and 2005 appropriations to the Department of
Defense or to initiate a procurement or research, development,
test and evaluation new start program without prior written
notification to the congressional defense committees.
(b) Notwithstanding subsection (a) of this section, the Depart-
ment of the Army may use funds made available in this Act under
the heading ‘‘Procurement of Ammunition, Army’’ to procure
ammunition and accessories therefor that have a standard-type
classification, under Army regulations pertaining to the accept-
ability of materiel for use, and that are the same as other ammuni-
tion and accessories therefor that have been procured with funds
made available under such heading in past appropriations Acts
for the Department of Defense, only for 25 mm high explosive rounds
for M2 Bradley Fighting Vehicles, 120 mm multi-purpose anti-tank
and obstacle reduction rounds for M1 Abrams tanks, L410 aircraft
countermeasure flares, 81 mm mortar red phosphorous smoke
rounds, MD73 impulse cartridge for aircraft flares, and 20 mm
high explosive rounds for C–RAM, whose stocks have been depleted
and must be replenished for continuing operations of the Depart-
ment of the Army.
CHEMICAL WEAPONS DEMILITARIZATION
SEC. 1016. (a)(1) Notwithstanding section 917 of Public Law
97–86, as amended, of the funds appropriated or otherwise made
available by the Department of Defense Appropriations Act, 2005
(Public Law 108–287), the Military Construction Appropriations
and Emergency Hurricane Supplemental Appropriations Act, 2005
(Public Law 108–324), and other Acts for the purpose of the destruc-
tion of the United States stockpile of lethal chemical agents and
munitions at Blue Grass Army Depot, Kentucky, and Pueblo Chem-
ical Depot, Colorado, the unobligated balance as of the date of
enactment of this Act, shall remain available for obligation solely
for such purpose and shall be made available not later than 30
days after the date of the enactment of this Act to the Program
Manager for Assembled Chemical Weapons Alternatives for activi-
ties related to such purpose at Blue Grass Army Depot, Kentucky,
and Pueblo Chemical Depot, Colorado.
(2) Of the funds made available under paragraph (a)(1), not
less than $100,000,000 shall be obligated not later than 120 days
after the date of the enactment of this Act.
(b)(1) Notwithstanding section 917 of Public Law 97–86, as
amended, none of the funds appropriated or otherwise made avail-
able by the Department of Defense Appropriations Act, 2005, the
Military Construction Appropriations and Emergency Hurricane
Supplemental Appropriations Act, 2005, and other Acts for the
purpose of the destruction of the United States stockpile of lethal
chemical agents and munitions at Blue Grass Army Depot, Ken-
tucky, and Pueblo Chemical Depot, Colorado, may be deobligated,
transferred, or reprogrammed out of the Assembled Chemical
Weapons Alternatives Program.
(2) The amount appropriated or otherwise made available by
the Department of Defense Appropriations Act, 2005, the Military
H. R. 1268—20
Construction Appropriations and Emergency Hurricane Supple-
mental Appropriations Act, 2005, and other Acts for the purpose
of the destruction of the United States stockpile of lethal chemical
agents and munitions at Blue Grass Army Depot, Kentucky, and
Pueblo Chemical Depot, Colorado, is $813,440,000.
(c) No funds appropriated or otherwise made available to the
Secretary of Defense under this Act or any other Act may be
obligated or expended to finance directly or indirectly any study
related to the transportation of chemical weapons across State
lines.
PHILADELPHIA REGIONAL PORT AUTHORITY
SEC. 1017. Section 115 of division H of Public Law 108–199
is amended by striking all after ‘‘made available’’ and substituting
‘‘, notwithstanding section 2218(c)(1) of title 10, United States Code,
for a grant to Philadelphia Regional Port Authority, to be used
solely for the purpose of construction, by and for a Philadelphia-
based company established to operate high-speed, advanced-design
vessels for the transport of high-value, time-sensitive cargoes in
the foreign commerce of the United States, of a marine cargo
terminal and IT network for high-speed commercial vessels that
is capable of supporting military sealift requirements.’’: Provided,
That of the funds provided in Public Law 108–287 under the
heading ‘‘Operation and Maintenance, Army’’ for Woody Island and
Historic Structure, $1,000,000 shall be made available in the form
of a grant for these purposes.
LPD–17 COST ADJUSTMENT
(TRANSFER OF FUNDS)
SEC. 1018. Upon enactment of this Act, the Secretary of Defense
shall make the following transfer of funds: Provided, That funds
so transferred shall be merged with and shall be available for
the same purpose and for the same time period as the appropriation
to which transferred: Provided further, That the amounts shall
be transferred between the following appropriations in the amounts
specified:
From:
Under the heading ‘‘Shipbuilding and Conversion,
Navy, 2005/2009’’:
LCU (X), $19,000,000.
To:
Under the heading ‘‘Shipbuilding and Conversion,
Navy, 1996/2008’’:
LPD–17, $19,000,000:
Provided further, That the amount made available by the transfer
of funds in or pursuant to this section is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
PROHIBITION ON COMPETITION OF THE NEXT GENERATION DESTROYER
(DD(X))
SEC. 1019. (a) No funds appropriated or otherwise made avail-
able by this Act, or by prior Acts, may be obligated or expended
to prepare for, conduct, or implement a strategy for the acquisition
H. R. 1268—21
of the next generation destroyer (DD(X)) program through a winner-
take-all strategy.
(b) WINNER-TAKE-ALL STRATEGY DEFINED.—In this section, the
term ‘‘winner-take-all strategy’’, with respect to the acquisition of
destroyers under the next generation destroyer program, means
the acquisition (including design and construction) of such
destroyers through a single shipyard.
CIVILIAN PAY
SEC. 1020. None of the funds appropriated to the Department
of Defense by this Act or any other Act for fiscal year 2005 or
any other fiscal year may be expended for any pay raise granted
on or after January 1, 2005, that is implemented in a manner
that provides a greater increase for non-career employees than
for career employees on the basis of their status as career or
non-career employees, unless specifically authorized by law: Pro-
vided, That this provision shall be implemented for fiscal year
2005 without regard to the requirements of section 5383 of title
5, United States Code: Provided further, That no employee of the
Department of Defense shall have his or her pay reduced for the
purpose of complying with the requirements of this provision.
INDUSTRIAL MOBILIZATION CAPACITY
SEC. 1021. Of the amounts appropriated or otherwise made
available by the Department of Defense Appropriations Act, 2005,
$12,500,000 shall be available only for industrial mobilization
capacity at Rock Island Arsenal.
BASIC ALLOWANCE FOR HOUSING FOR DEPENDENTS
SEC. 1022. (a) Section 403(l) of title 37, United States Code,
is amended by striking ‘‘180 days’’ each place it appears and
inserting ‘‘365 days’’.
(b) TERMINATION.—The amendment made by this section shall
terminate on September 30, 2005. Effective on October 1, 2005,
the provisions of section 403(l) of title 37, United States Code,
as in effect on the date before the date of the enactment of this
Act shall be revived.
PROHIBITION ON CHARGES FOR MEALS
SEC. 1023. (a) PROHIBITION.—A member of the Armed Forces
entitled to a basic allowance for subsistence under section 402
of title 37, United States Code, who is undergoing medical recuper-
ation or therapy, or is otherwise in the status of continuous care,
including outpatient care, at a military treatment facility for an
injury, illness, or disease incurred or aggravated while on active
duty in the Armed Forces in Operation Iraqi Freedom or Operation
Enduring Freedom shall not, during any month in which so entitled,
be required to pay any charge for meals provided such member
by the military treatment facility.
(b) EFFECTIVE
DATE.—The limitation in paragraph (a) shall
take effect upon enactment of this Act, and shall apply with respect
to meals provided members of the Armed Forces as described in
that paragraph on or after that date.
(c) TERMINATION.—The amendment made by this section shall
terminate on September 30, 2005. Effective on October 1, 2005,
H. R. 1268—22
the provisions of section 402 of title 37, United States Code, as
in effect on the date before the date of the enactment of this
Act shall be revived.
REQUESTS FOR FUTURE FUNDING FOR MILITARY OPERATIONS IN
AFGHANISTAN AND IRAQ
SEC. 1024. (a) FINDINGS.—The Senate makes the following
findings:
(1) The Department of Defense Appropriations Act, 2004
(Public Law 108–87) and the Department of Defense Appropria-
tions Act, 2005 (Public Law 108–287) each contain a sense
of the Senate provision urging the President to provide in
the annual budget requests of the President for a fiscal year
under section 1105(a) of title 31, United States Code, an esti-
mate of the cost of ongoing military operations in Iraq and
Afghanistan in such fiscal year.
(2) The budget for fiscal year 2006 submitted to Congress
by the President on February 7, 2005, requests no funds for
fiscal year 2006 for ongoing military operations in Iraq or
Afghanistan.
(3) According to the Congressional Research Service, there
exists historical precedent for including the cost of ongoing
military operations in the annual budget requests of the Presi-
dent following initial funding for such operations by emergency
or supplemental appropriations Acts, including—
(A) funds for Operation Noble Eagle, beginning in the
budget request of President George W. Bush for fiscal
year 2005;
(B) funds for operations in Kosovo, beginning in the
budget request of President George W. Bush for fiscal
year 2001;
(C) funds for operations in Bosnia, beginning in budget
request of President Clinton for fiscal year 1997;
(D) funds for operations in Southwest Asia, beginning
in the budget request of President Clinton for fiscal year
1997;
(E) funds for operations in Vietnam, beginning in the
budget request of President Johnson for fiscal year 1966;
and
(F) funds for World War II, beginning in the budget
request of President Roosevelt for fiscal year 1943.
(4) The Senate has included in its version of the fiscal
year 2006 budget resolution, which was adopted by the Senate
on March 17, 2005, a reserve fund of $50,000,000,000 for over-
seas contingency operations, but the determination of that
amount could not take into account any Administration esti-
mate on the projected cost of such operations in fiscal year
2006.
(5) In February 2005, the Congressional Budget Office esti-
mated that fiscal year 2006 costs for ongoing military operations
in Iraq and Afghanistan could total $65,000,000,000.
(b) SENSE OF SENATE.—It is the sense of the Senate that—
(1) any request for funds for a fiscal year after fiscal year
2006 for an ongoing military operation overseas, including oper-
ations in Afghanistan and Iraq, should be included in the
annual budget of the President for such fiscal year as submitted
H. R. 1268—23
to Congress under section 1105(a) of title 31, United States
Code;
(2) the President should submit to Congress, not later
than September 1, 2005, an amendment to the budget of the
President for fiscal year 2006 that was submitted to Congress
under section 1105(a) of title 31, United States Code, setting
forth detailed cost estimates for ongoing military operations
overseas during such fiscal year; and
(3) any funds provided for a fiscal year for ongoing military
operations overseas should be provided in appropriations Acts
for such fiscal year through appropriations to specific accounts
set forth in such appropriations Acts.
(c) ADDITIONAL REQUIREMENTS
FOR CERTAIN REPORTS.—(1)
Each semiannual report to Congress required under a provision
of law referred to in paragraph (2) shall include, in addition to
the matters specified in the applicable provision of law, the fol-
lowing:
(A) A statement of the cumulative total of all amounts
obligated, and of all amounts expended, as of the date of such
report for Operation Enduring Freedom.
(B) A statement of the cumulative total of all amounts
obligated, and of all amounts expended, as of the date of such
report for Operation Iraqi Freedom.
(C) An estimate of the reasonably foreseeable costs for
ongoing military operations to be incurred during the 12-month
period beginning on the date of such report.
(2) The provisions of law referred to in this paragraph are
as follows:
(A) Section 1120 of the Emergency Supplemental Appro-
priations Act for Defense and for the Reconstruction of Iraq
and Afghanistan, 2004 (Public Law 108–106; 117 Stat. 1219;
10 U.S.C. 113 note).
(B) Section 9010 of the Department of Defense Appropria-
tions Act, 2005 (Public Law 108–287; 118 Stat. 1008; 10 U.S.C.
113 note).
AIRCRAFT CARRIERS OF THE NAVY
SEC. 1025. (a) FUNDING
FOR REPAIR
AND MAINTENANCE
OF
U.S.S. JOHN F. KENNEDY.—Of the amount appropriated to the
Department of the Navy in this Act, necessary funding will be
made available for such repair and maintenance of the U.S.S.
John F. Kennedy as the Navy considers appropriate to extend
the life of U.S.S. John F. Kennedy.
(b) LIMITATION ON REDUCTION IN NUMBER OF ACTIVE AIRCRAFT
CARRIERS.—No funds appropriated or otherwise made available in
this Act may be obligated or expended to reduce the number of
active aircraft carriers of the Navy below 12 active aircraft carriers
until after the date of the submittal to Congress of the quadrennial
defense review required in 2005 under section 118 of title 10,
United States Code.
(c) ACTIVE AIRCRAFT CARRIERS.—For purposes of this section,
an active aircraft carrier of the Navy includes an aircraft carrier
that is temporarily unavailable for worldwide deployment due to
routing or scheduled maintenance.
(d) PACIFIC FLEET AUTHORITIES.—None of the funds available
to the Department of the Navy may be obligated to modify command
H. R. 1268—24
and control relationships to give Fleet Forces Command administra-
tive and operational control of U.S. Navy forces assigned to the
Pacific fleet: Provided, That the command and control relationships
which existed on October 1, 2004, shall remain in force unless
changes are specifically authorized in a subsequent Act.
TRAVEL FOR FAMILY OF HOSPITALIZED SERVICEMEMBERS
SEC. 1026. (a) AUTHORITY.—Subsection (a) of section 411h of
title 37, United States Code, is amended—
(1) in paragraph (2)—
(A) by inserting ‘‘and’’ at the end of subparagraph
(A); and
(B) by striking subparagraphs (B) and (C) and inserting
the following new subparagraph:
‘‘(B) either—
‘‘(i) is seriously ill, seriously injured, or in a situation
of imminent death (whether or not electrical brain activity
still exists or brain death is declared), and is hospitalized
in a medical facility in or outside the United States; or
‘‘(ii) is not described in clause (i), but has an injury
incurred in an operation or area designated as a combat
operation or combat zone, respectively, by the Secretary
of Defense under section 1967(e)(1)(A) of title 38 and is
hospitalized in a medical facility in the United States for
treatment of that injury.’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) Not more than one roundtrip may be provided to a family
member under paragraph (1) on the basis of clause (ii) of paragraph
(2)(B).’’.
(b) CONFORMING AMENDMENTS.—
(1) HEADING FOR AMENDED SECTION.—The heading for sec-
tion 411h of such title is amended to read as follows:
‘‘§ 411h. Travel and transportation allowances: transpor-
tation of family members incident to illness or
injury of members’’.
(2) CLERICAL AMENDMENT.—The item relating to such sec-
tion in the table of sections at the beginning of chapter 7
of such title is amended to read as follows:
‘‘411h. Travel and transportation allowances: transportation of family members inci-
dent to illness or injury of members.’’.
(c) FUNDING.—Funds for the provision of travel in fiscal year
2005 under section 411h of title 37, United States Code, by reason
of the amendments made by this section shall be derived as follows:
(1) In the case of travel provided by the Department of
the Army, from amounts appropriated for fiscal year 2005 by
this Act and the Department of Defense Appropriations Act,
2005 (Public Law 108–287) for the Operation and Maintenance,
Army account.
(2) In the case of travel provided by the Department of
the Navy, from amounts appropriated for fiscal year 2005 by
the Acts referred to in paragraph (1) for the Operation and
Maintenance, Navy account.
(3) In the case of travel provided by the Department of
the Air Force, from amounts appropriated for fiscal year 2005
H. R. 1268—25
by the Acts referred to in paragraph (1) for the Operation
and Maintenance, Air Force account.
(d) REPORT ON TRAVEL IN EXCESS OF CERTAIN LIMIT.—If in
any fiscal year the amount of travel provided in such fiscal year
under section 411h of title 37, United States Code, by reason
of the amendments made by this section exceeds $20,000,000, the
Secretary of Defense shall submit to the congressional defense
committees a report on that fact, including the total amount of
travel provided in such fiscal year under such section 411h by
reason of the amendments made by this section.
(e) TERMINATION.—The amendment made by this section shall
terminate on September 30, 2005. Effective on October 1, 2005,
the provisions of section 411h of title 37, United States Code,
as in effect on the date before the date of the enactment of this
Act shall be revived.
PROHIBITION ON TERMINATION OF MULTIYEAR PROCUREMENT
CONTRACT FOR C/KC–130J AIRCRAFT
SEC. 1027. No funds in this Act may be obligated or expended
to terminate the joint service multiyear procurement contract for
C/KC–130J aircraft that is in effect on the date of the enactment
of this Act.
PURPLE HEART COMMENDATIONS
SEC. 1028. None of the funds in this Act or prior Acts may
be used to revoke Purple Heart commendations awarded to mem-
bers of the Armed Forces who have served in Operation Iraqi
Freedom or Operation Enduring Freedom: Provided, That the Sec-
retary of any military department may, on a case-by-case basis,
waive this provision fifteen days after notifying the congressional
defense committees of their intent to revoke an individual’s Purple
Heart commendation.
VIRTUAL TRAINING COCKPIT OPTIMIZATION PROGRAM
(TRANSFER OF FUNDS)
SEC. 1029. Upon enactment of this Act, the Secretary of Defense
shall make the following transfer of funds: Provided, That funds
so transferred shall be merged with and shall be available for
the same purpose and for the same time period as the appropriation
to which transferred: Provided further, That the authority provided
in this section is in addition to any other transfer authority avail-
able to the Department of Defense: Provided further, That the
amounts shall be transferred between the following appropriations
in the amounts specified:
From:
Under the heading ‘‘Aircraft Procurement, Army, 2004/
2006’’, $2,000,000.
To:
Under the heading ‘‘Research, Development, Test and
Evaluation, Army, 2004/2005’’, $2,000,000:
Provided further, That these funds may only be used for the Virtual
Training Cockpit Optimization Program: Provided further, That
the amount made available by the transfer of funds in or pursuant
to this section is designated as an emergency requirement pursuant
H. R. 1268—26
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
TRANSFER OF FUNDS FOR FORCE PROTECTION PROGRAMS
(TRANSFER OF FUNDS)
SEC. 1030. Notwithstanding any other provision of law, upon
enactment of this Act, the Secretary of Defense shall make the
following transfers of funds previously made available in the
Department of Defense Appropriations Act, 2005 (Public Law 108–
287): Provided, That the amounts transferred shall be made avail-
able for the same purpose and the same time period as the appro-
priation to which transferred: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
the amounts shall be transferred between the following appropria-
tions, in the amounts specified:
To:
Under the heading ‘‘Research, Development, Test and
Evaluation, Air Force, 2005/2006’’, $500,000.
From:
Under the heading ‘‘Other Procurement, Air Force’’,
$500,000.
To:
Under the heading ‘‘Other Procurement, Air Force,
2005/2007’’, $8,200,000.
From:
Under the heading ‘‘Other Procurement, Navy, 2005/
2007’’, $8,200,000:
Provided further, That the amounts made available by the transfer
of funds in or pursuant to this section are designated as an emer-
gency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
PROHIBITION ON TORTURE AND CRUEL, INHUMAN, OR DEGRADING
TREATMENT
SEC. 1031. (a)(1) None of the funds appropriated or otherwise
made available by this Act shall be obligated or expended to subject
any person in the custody or under the physical control of the
United States to torture or cruel, inhuman, or degrading treatment
or punishment that is prohibited by the Constitution, laws, or
treaties of the United States.
(2) Nothing in this section shall affect the status of any person
under the Geneva Conventions or whether any person is entitled
to the protections of the Geneva Conventions.
(b) As used in this section—
(1) the term ‘‘torture’’ has the meaning given that term
in section 2340(1) of title 18, United States Code; and
(2) the term ‘‘cruel, inhuman, or degrading treatment or
punishment’’ means the cruel, unusual, and inhumane treat-
ment or punishment prohibited by the fifth amendment, eighth
amendment, or fourteenth amendment to the Constitution of
the United States.
H. R. 1268—27
TRAUMATIC INJURY PROTECTION
SEC. 1032. TRAUMATIC INJURY PROTECTION. (a) IN GENERAL.—
Subchapter III of chapter 19, Title 38, United States Code, is
amended—
(1) in section 1965, by adding at the end the following:
‘‘(11) The term ‘activities of daily living’ means the inability
to independently perform 2 of the 6 following functions:
‘‘(A) Bathing.
‘‘(B) Continence.
‘‘(C) Dressing.
‘‘(D) Eating.
‘‘(E) Toileting.
‘‘(F) Transferring.’’; and
(2) by adding at the end the following:
‘‘§ 1980A. Traumatic injury protection
‘‘(a) A member who is insured under subparagraph (A)(i), (B),
or (C)(i) of section 1967(a)(1) shall automatically be issued a trau-
matic injury protection rider that will provide for a payment not
to exceed $100,000 if the member, while so insured, sustains a
traumatic injury that results in a loss described in subsection
(b)(1). The maximum amount payable for all injuries resulting
from the same traumatic event shall be limited to $100,000. If
a member suffers more than 1 such loss as a result of traumatic
injury, payment will be made in accordance with the schedule
in subsection (d) for the single loss providing the highest payment.
‘‘(b)(1) A member who is issued a traumatic injury protection
rider under subsection (a) is insured against such traumatic
injuries, as prescribed by the Secretary, in collaboration with the
Secretary of Defense, including, but not limited to—
‘‘(A) total and permanent loss of sight;
‘‘(B) loss of a hand or foot by severance at or above the
wrist or ankle;
‘‘(C) total and permanent loss of speech;
‘‘(D) total and permanent loss of hearing in both ears;
‘‘(E) loss of thumb and index finger of the same hand
by severance at or above the metacarpophalangeal joints;
‘‘(F) quadriplegia, paraplegia, or hemiplegia;
‘‘(G) burns greater than second degree, covering 30 percent
of the body or 30 percent of the face; and
‘‘(H) coma or the inability to carry out the activities of
daily living resulting from traumatic injury to the brain.
‘‘(2) For purposes of this subsection—
‘‘(A) the term ‘quadriplegia’ means the complete and
irreversible paralysis of all 4 limbs;
‘‘(B) the term ‘paraplegia’ means the complete and irrevers-
ible paralysis of both lower limbs; and
‘‘(C) the term ‘hemiplegia’ means the complete and irrevers-
ible paralysis of the upper and lower limbs on 1 side of the
body.
‘‘(3) The Secretary, in collaboration with the Secretary of
Defense, shall prescribe, by regulation, the conditions under which
coverage against loss will not be provided.
‘‘(c) A payment under this section may be made only if—
‘‘(1) the member is insured under Servicemembers’ Group
Life Insurance when the traumatic injury is sustained;
H. R. 1268—28
‘‘(2) the loss results directly from that traumatic injury
and from no other cause; and
‘‘(3) the member suffers the loss before the end of the
period prescribed by the Secretary, in collaboration with the
Secretary of Defense, which begins on the date on which the
member sustains the traumatic injury, except, if the loss is
quadriplegia, paraplegia, or hemiplegia, the member suffers
the loss not later than 365 days after sustaining the traumatic
injury.
‘‘(d) Payments under this section for losses described in sub-
section (b)(1) shall be—
‘‘(1) made in accordance with a schedule prescribed by
the Secretary, in collaboration with the Secretary of Defense;
‘‘(2) based on the severity of the covered condition; and
‘‘(3) in an amount that is equal to not less than $25,000
and not more than $100,000.
‘‘(e)(1) During any period in which a member is insured under
this section and the member is on active duty, there shall be
deducted each month from the member’s basic or other pay until
separation or release from active duty an amount determined by
the Secretary of Veterans Affairs as the premium allocable to the
pay period for providing traumatic injury protection under this
section (which shall be the same for all such members) as the
share of the cost attributable to provided coverage under this sec-
tion, less any costs traceable to the extra hazards of such duty
in the uniformed services.
‘‘(2) During any month in which a member is assigned to
the Ready Reserve of a uniformed service under conditions which
meet the qualifications set forth in section 1965(5)(B) of this title
and is insured under a policy of insurance purchased by the Sec-
retary of Veterans Affairs under section 1966 of this title, there
shall be contributed from the appropriation made for active duty
pay of the uniformed service concerned an amount determined
by the Secretary of Veterans Affairs (which shall be the same
for all such members) as the share of the cost attributable to
provided coverage under this section, less any costs traceable to
the extra hazards of such duty in the uniformed services. Any
amounts so contributed on behalf of any member shall be collected
by the Secretary of the concerned service from such member (by
deduction from pay or otherwise) and shall be credited to the
appropriation from which such contribution was made in advance
on a monthly basis.
‘‘(3) The Secretary of Veterans Affairs shall determine the pre-
mium amounts to be charged for traumatic injury protection cov-
erage provided under this section.
‘‘(4) The premium amounts shall be determined on the basis
of sound actuarial principles and shall include an amount necessary
to cover the administrative costs to the insurer or insurers providing
such insurance.
‘‘(5) Each premium rate for the first policy year shall be contin-
ued for subsequent policy years, except that the rate may be
adjusted for any such subsequent policy year on the basis of the
experience under the policy, as determined by the Secretary of
Veterans Affairs in advance of that policy year.
‘‘(6) The cost attributable to insuring such member under this
section, less the premiums deducted from the pay of the member’s
uniformed service, shall be paid by the Secretary of Defense to
H. R. 1268—29
the Secretary of Veterans Affairs. This amount shall be paid on
a monthly basis, and shall be due within 10 days of the notice
provided by the Secretary of Veterans Affairs to the Secretary
of the concerned uniformed service.
‘‘(7) The Secretary of Defense shall provide the amount of
appropriations required to pay expected claims in a policy year,
as determined according to sound actuarial principles by the Sec-
retary of Veterans Affairs.
‘‘(8) The Secretary of Defense shall forward an amount to
the Secretary of Veterans Affairs that is equivalent to half the
anticipated cost of claims for the current fiscal year, upon the
effective date of this legislation.
‘‘(f) The Secretary of Defense shall certify whether any member
claiming the benefit under this section is eligible.
‘‘(g) Payment for a loss resulting from traumatic injury will
not be made if the member dies before the end of the period
prescribed by the Secretary, in collaboration with the Secretary
of Defense, which begins on the date on which the member sustains
the injury. If the member dies before payment to the member
can be made, the payment will be made according to the member’s
most current beneficiary designation under Servicemembers’ Group
Life Insurance, or a by law designation, if applicable.
‘‘(h) Coverage for loss resulting from traumatic injury provided
under this section shall cease at midnight on the date of the
member’s separation from the uniformed service. Payment will not
be made for any loss resulting from injury incurred after the date
a member is separated from the uniformed services.
‘‘(i) Insurance coverage provided under this section is not
convertible to Veterans’ Group Life Insurance.’’.
(b) CLERICAL AMENDMENT.—The table of sections for chapter
19 of title 38, United States Code, is amended by adding after
the item relating to section 1980 the following:
‘‘1980A. Traumatic injury protection.’’.
(c) RETROACTIVE PROVISION.—
(1) IN GENERAL.—Any member who experienced a traumatic
injury (as described in section 1980A(b)(1) of title 38, United
States Code) between October 7, 2001, and the effective date
under subsection (d), is eligible for coverage provided in such
section 1980A if the qualifying loss was a direct result of
injuries incurred in Operation Enduring Freedom or Operation
Iraqi Freedom.
(2) CERTIFICATION; PAYMENT.—The Secretary of Defense
shall—
(A) certify to the Office of Servicemembers’ Group Life
Insurance the names and addresses of those members the
Secretary of Defense determines to be eligible for retro-
active traumatic injury benefits under such section 1980A;
and
(B) forward to the Secretary of Veterans Affairs, at
the time the certification is made under subparagraph (A),
an amount of money equal to the amount the Secretary
of Defense determines to be necessary to pay all cost related
to claims for retroactive benefits under such section 1980A.
(d) EFFECTIVE DATE.—
H. R. 1268—30
(1) IN GENERAL.—The amendments made by this section
shall take effect on the first day of the first month beginning
more than 180 days after the date of enactment of this Act.
(2) RULEMAKING.—Before the effective date described in
paragraph (1), the Secretary of Veterans Affairs, in collabora-
tion with the Secretary of Defense, shall issue regulations to
carry out the amendments made by this section.
AMOUNTS FROM PRIOR YEAR IRAQ FREEDOM FUND APPROPRIATION
(RESCISSION OF FUNDS)
SEC. 1033. Of the funds appropriated in title IX of Public
Law 108–287 for ‘‘Iraq Freedom Fund’’ (118 Stat. 1005) that remain
available for obligation, $50,000,000 is hereby rescinded.
TECHNICAL CORRECTION
SEC. 1034. Of the funds available in the Department of Defense
Appropriations Act, 2005 (Public Law 108–287), under the heading
‘‘Defense Health Program’’, $1,000,000 shall be available to the
Paralyzed Veterans of America (PVA) Outdoor Sports Heritage
Fund.
DEFENSE TRANSFER AUTHORITY
SEC. 1035. In addition to amounts appropriated elsewhere in
this Act, there is hereby appropriated $50,000,000 for ‘‘Research,
Development, Test and Evaluation, Defense-Wide’’, to remain avail-
able until September 30, 2006: Provided, That these funds are
available for transfer to any other appropriations accounts of the
Department of Defense, for certain classified activities, and notwith-
standing any other provision of law and of this Act, such funds
may be obligated to carry out projects not otherwise authorized
by law: Provided further, That any funds transferred shall be
merged with and shall be available for the same purposes and
for the same time period as the appropriation to which transferred:
Provided further, That the transfer authority provided in this sec-
tion is in addition to any other transfer authority available to
the Department of Defense: Provided further, That the amount
provided in this section is designated an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
RE-USE AND REDEVELOPMENT OF CLOSED OR REALIGNED MILITARY
INSTALLATIONS
SEC. 1036. (a) In order to assist communities with preparations
for the results of the 2005 round of defense base closure and
realignment, and consistent with assistance provided to commu-
nities by the Department of Defense in previous rounds of base
closure and realignment, the Secretary of Defense shall, not later
than July 15, 2005, submit to the congressional defense committees
a report on the processes and policies of the Federal Government
for disposal of property at military installations proposed to be
closed or realigned as part of the 2005 round of base closure
and realignment, and the assistance available to affected local
communities for re-use and redevelopment decisions.
(b) The report under subsection (a) shall include—
H. R. 1268—31
(1) a description of the processes of the Federal Government
for disposal of property at military installations proposed to
be closed or realigned;
(2) a description of Federal Government policies for pro-
viding re-use and redevelopment assistance;
(3) a catalogue of community assistance programs that
are provided by the Federal Government related to the re-
use and redevelopment of closed or realigned military installa-
tions;
(4) a description of the services, policies, and resources
of the Department of Defense that are available to assist
communities affected by the closing or realignment of military
installations as a result of the 2005 round of base closure
and realignment;
(5) guidance to local communities on the establishment
of local redevelopment authorities and the implementation of
a base redevelopment plan; and
(6) a description of the policies and responsibilities of the
Department of Defense related to environmental clean-up and
restoration of property disposed by the Federal Government.
CAMP JOSEPH T. ROBINSON
SEC. 1037. The United States releases to the State of Arkansas
the reversionary interest described in sections 2 and 3 of the Act
entitled ‘‘An Act authorizing the transfer of part of Camp Joseph
T. Robinson to the State of Arkansas’’, approved June 30, 1950
(64 Stat. 311, chapter 429), in and to the surface estate of the
land constituting Camp Joseph T. Robinson, Arkansas, which lies
east of the Batesville Pike county road, in sections 24, 25, and
36, township 3 north, range 12 west, Pulaski County, Arkansas.
TITLE II—INTERNATIONAL PROGRAMS AND ASSISTANCE
FOR RECONSTRUCTION AND THE WAR ON TERROR
CHAPTER 1
DEPARTMENT OF AGRICULTURE
FOREIGN AGRICULTURAL SERVICE
PUBLIC LAW 480 TITLE II GRANTS
For additional expenses during the current fiscal year, not
otherwise recoverable, and unrecovered prior years’ costs, including
interest thereon, under the Agricultural Trade Development and
Assistance Act of 1954, for commodities supplied in connection
with dispositions abroad under title II of said Act, $240,000,000
to remain available until expended: Provided, That from this
amount, to the maximum extent possible, funding shall be restored
to the previously approved fiscal year 2005 programs under section
204(a)(2) of the Agricultural Trade Development and Assistance
Act of 1954: Provided further, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
H. R. 1268—32
CHAPTER 2
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for ‘‘Diplomatic and Consular Pro-
grams’’, $734,000,000, to remain available until September 30, 2006,
of which $10,000,000 is provided for security requirements in the
detection of explosives: Provided, That of the funds appropriated
under this heading, not less than $250,000 shall be made available
for programs to assist Iraqi and Afghan scholars who are in physical
danger to travel to the United States to engage in research or
other scholarly activities at American institutions of higher edu-
cation: Provided further, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For an additional amount for ‘‘Embassy Security, Construction,
and Maintenance’’, $592,000,000, to remain available until
expended: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
INTERNATIONAL ORGANIZATIONS
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Contributions for International
Peacekeeping Activities’’, $680,000,000, to remain available until
September 30, 2006: Provided, That of the funds appropriated under
this heading, up to $50,000,000 may be transferred to ‘‘Peacekeeping
Operations’’ for support of the efforts of the African Union to halt
genocide and other atrocities in Darfur, Sudan: Provided further,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ‘‘International Broadcasting Oper-
ations’’ for activities related to broadcasting to the broader Middle
East, $4,800,000, to remain available until September 30, 2006:
Provided, That the amount provided under this heading is des-
ignated as an emergency requirement pursuant to section 402 of
H. R. 1268—33
the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
BROADCASTING CAPITAL IMPROVEMENTS
For an additional amount for ‘‘Broadcasting Capital Improve-
ments’’, $2,500,000, to remain available until September 30, 2006:
Provided, That the amount provided under this heading is des-
ignated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
For an additional amount for ‘‘International Disaster and
Famine Assistance’’, $90,000,000, to remain available until
expended, for emergency expenses related to the humanitarian crisis
in the Darfur region of Sudan and other African countries: Provided,
That these funds may be used to reimburse fully accounts adminis-
tered by the United States Agency for International Development
for obligations incurred for the purposes provided under this
heading prior to enactment of this Act from funds appropriated
for foreign operations, export financing, and related programs: Pro-
vided further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT
For an additional amount for ‘‘Operating Expenses of the United
States Agency for International Development’’, $24,400,000, to
remain available until September 30, 2006: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL
For an additional amount for ‘‘Operating Expenses of the United
States Agency for International Development Office of Inspector
General’’, $2,500,000, to remain available until September 30, 2006:
Provided, That the amount provided under this heading is des-
ignated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
H. R. 1268—34
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Economic Support Fund’’,
$1,433,600,000, to remain available until September 30, 2006: Pro-
vided, That of the funds appropriated under this heading,
$200,000,000 should be made available for programs, activities,
and efforts to support Palestinians, of which $50,000,000 should
be made available for assistance for Israel to help ease the move-
ment of Palestinian people and goods in and out of Israel: Provided
further, That of the funds appropriated under this heading,
$5,000,000 should be made available for assistance for displaced
persons in Afghanistan: Provided further, That of the funds appro-
priated under this heading, $2,500,000 should be made available
for assistance for families and communities of Afghan civilians
who have suffered losses as a result of the military operations:
Provided further, That of the funds appropriated under this heading,
$20,000,000 should be made available for assistance for Haiti, of
which $2,500,000 should be made available for criminal case
management, case tracking, and the reduction of pre-trial detention
in Haiti, notwithstanding any other provision of law: Provided
further, That of the funds appropriated under this heading,
$5,000,000 should be made available for programs and activities
to promote democracy, including political party development, in
Lebanon: Provided further, That of the funds appropriated under
this heading, up to $10,000,000 may be transferred to the Overseas
Private Investment Corporation for the cost of direct and guaran-
teed loans as authorized by section 234 of the Foreign Assistance
Act of 1961: Provided further, That such costs, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET
UNION
For an additional amount for ‘‘Assistance for the Independent
States of the Former Soviet Union’’, $70,000,000, to remain avail-
able until September 30, 2006: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For an additional amount for ‘‘International Narcotics Control
and Law Enforcement’’, $620,000,000, to remain available until
September 30, 2007: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
H. R. 1268—35
MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ‘‘Migration and Refugee Assist-
ance’’, $120,400,000, to remain available until September 30, 2006:
Provided, That of the funds appropriated under this heading, not
less than $67,000,000 shall be made available for assistance for
refugees in Africa and to fulfill refugee protection goals set by
the President for fiscal year 2005: Provided further, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS
For an additional amount for ‘‘Nonproliferation, Anti-Terrorism,
Demining and Related Programs’’, $24,600,000, to remain available
until September 30, 2006, of which not to exceed $7,500,000, to
remain available until expended, may be made available for the
Nonproliferation and Disarmament Fund, notwithstanding any
other provision of law, to promote bilateral and multilateral activi-
ties relating to nonproliferation and disarmament: Provided, That
the amount provided under this heading is designated as an emer-
gency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for ‘‘Foreign Military Financing Pro-
gram’’, $250,000,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
PEACEKEEPING OPERATIONS
For an additional amount for ‘‘Peacekeeping Operations’’,
$240,000,000, to remain available until September 30, 2006, of
which up to $200,000,000 is for military and other security assist-
ance to coalition partners in Iraq and Afghanistan: Provided, That
up to $30,000,000 may be used only pursuant to a determination
by the President, and after consultation with the Committees on
Appropriations, that such use will support the global war on ter-
rorism: Provided further, That these funds may be transferred
by the Secretary of State to other Federal agencies or accounts
to support the global war on terrorism: Provided further, That
funds appropriated under this heading shall be subject to the reg-
ular notification procedures of the Committees on Appropriations,
except that such notifications shall be submitted no less than five
days prior to the obligation of funds: Provided further, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
H. R. 1268—36
GENERAL PROVISIONS, THIS CHAPTER
VOLUNTARY CONTRIBUTION
SEC. 2101. Section 307(a) of the Foreign Assistance Act of
1961, as amended (22 U.S.C. 2227), is further amended by striking
‘‘Iraq,’’.
(RESCISSION OF FUNDS)
SEC. 2102. The unexpended balance appropriated by Public
Law 108–11 under the heading ‘‘Economic Support Fund’’ and made
available for Turkey is rescinded.
AUDIT REQUIREMENT
SEC. 2103. Section 559 of division D of Public Law 108–447
is amended by adding at the end the following:
‘‘(e) Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an
audit and an investigation of the treatment, handling, and uses
of all funds for the bilateral West Bank and Gaza Program in
fiscal year 2005 under the heading ‘Economic Support Fund’. The
audit shall address—
‘‘(1) the extent to which such Program complies with the
requirements of subsections (b) and (c), and
‘‘(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations
and expenditures.’’.
REPORTING REQUIREMENT
SEC. 2104. The Secretary of State shall submit to the Commit-
tees 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 antici-
pated: Provided, That up to 15 percent of funds appropriated under
this chapter may be obligated before the submission of the report
subject to the normal notification procedures of the Committees
on Appropriations: Provided further, That the report shall be
updated and submitted to the Committees on Appropriations every
six months and shall include information detailing how the esti-
mates and assumptions contained in previous reports have changed:
Provided further, That any new projects and increases in funding
of ongoing projects shall be subject to the prior approval of the
Committees on Appropriations: Provided further, That the Secretary
of State shall submit to the Committees on Appropriations, not
later than 210 days following enactment of this Act and annually
thereafter, a report detailing on a project-by-project basis the
expenditure of funds appropriated under this chapter until all funds
have been fully expended.
AUDIT REQUIREMENT
SEC. 2105. The Comptroller General of the United States shall
conduct an audit of the use of all funds for the bilateral Afghanistan
counternarcotics and alternative livelihood programs in fiscal year
H. R. 1268—37
2005 under the heading ‘‘Economic Support Fund’’ and ‘‘Inter-
national Narcotics Control and Law Enforcement’’: Provided, That
the audit shall include an examination of all programs, projects
and activities carried out under such programs, including both
obligations and expenditures.
REPORTING REQUIREMENT
SEC. 2106. Not later than 60 days after the date of enactment
of this Act, the President shall submit a report to the Congress
detailing: (1) information regarding the Palestinian security serv-
ices, including their numbers, accountability, and chains of com-
mand, and steps taken to purge from their ranks individuals with
ties to terrorist entities; (2) specific steps taken by the Palestinian
Authority to dismantle the terrorist infrastructure, confiscate
unauthorized weapons, arrest and bring terrorists to justice, destroy
unauthorized arms factories, thwart and preempt terrorist attacks,
and cooperate with Israel’s security services; (3) specific actions
taken by the Palestinian Authority to stop incitement in Palestinian
Authority-controlled electronic and print media and in schools,
mosques, and other institutions it controls, and to promote peace
and coexistence with Israel; (4) specific steps the Palestinian
Authority has taken to further democracy, the rule of law, and
an independent judiciary, and transparent and accountable govern-
ance; (5) the Palestinian Authority’s cooperation with United States
officials in investigations into the late Palestinian leader Yasser
Arafat’s finances; and (6) the amount of assistance pledged and
actually provided to the Palestinian Authority by other donors:
Provided, That not later than 180 days after enactment of this
Act, the President shall submit to the Congress an update of this
report: Provided further, That up to $5,000,000 of the funds made
available for assistance for the West Bank and Gaza by this chapter
under ‘‘Economic Support Fund’’ shall be used for an outside, inde-
pendent evaluation by an internationally recognized accounting firm
of the transparency and accountability of Palestinian Authority
accounting procedures and an audit of expenditures by the Pales-
tinian Authority.
REPROGRAMMING AUTHORITY
SEC. 2107. The amounts set forth in the eighth proviso in
the Diplomatic and Consular Programs appropriation in the fiscal
year 2005 Departments of Commerce, Justice, State, the Judiciary,
and Related Agencies Appropriations Act (Public Law 108–447,
division B) may be subject to reprogramming pursuant to section
605 of that Act.
MARLA RUZICKA IRAQI WAR VICTIMS FUND
SEC. 2108. Of the funds appropriated by chapter 2 of title
II of Public Law 108–106 under the heading ‘‘Iraq Relief and
Reconstruction Fund’’, not less than $20,000,000 should be made
available for assistance for families and communities of Iraqi
civilians who have suffered losses as a result of the military oper-
ations: Provided, That such assistance shall be designated as the
‘‘Marla Ruzicka Iraqi War Victims Fund’’.
H. R. 1268—38
CANDIDATE COUNTRIES
SEC. 2109. Section 616(b)(1) of the Millennium Challenge Act
of 2003 (Public Law 108–199) is amended—
(1) by striking ‘‘subparagraphs (A) and (B) of section
606(a)(1)’’; and
(2) inserting in lieu thereof ‘‘subsection (a) or (b) of section
606’’.
HUMANITARIAN ASSISTANCE CODE OF CONDUCT
SEC. 2110. (a) None of the funds made available for foreign
operations, export financing, and related programs under the
headings ‘‘Migration and Refugee Assistance’’, ‘‘United States Emer-
gency Refugee and Migration Assistance Fund’’, ‘‘International Dis-
aster and Famine Assistance’’, or ‘‘Transition Initiatives’’ may be
obligated to an organization that fails to adopt a code of conduct
that provides for the protection of beneficiaries of assistance under
any such heading from sexual exploitation and abuse in humani-
tarian relief operations.
(b) The code of conduct referred to in subsection (a) shall,
to the maximum extent practicable, be consistent with the six
core principles of the United Nations Inter-Agency Standing Com-
mittee Task Force on Protection From Sexual Exploitation and
Abuse in Humanitarian Crises.
(c) Not later than 180 days after the date of the enactment
of this Act, and not later than one year after the date of the
enactment of this Act, the President shall transmit to the appro-
priate congressional committees a report on the implementation
of this section.
(d) This section shall take effect 60 days after the date of
the enactment of this Act and shall apply to funds obligated after
such date for fiscal year 2005 and any subsequent fiscal year.
JOINT EXPLANATORY STATEMENT
SEC. 2111. (a) Funds provided in this Act for the following
accounts shall be made available for programs and countries in
the amounts contained in the joint explanatory statement of man-
agers accompanying this Act:
‘‘Economic Support Fund’’; and
‘‘Assistance for the Independent States of the Former Soviet
Union’’.
(b) Any proposed increases or decreases to the amounts con-
tained in such tables in the joint explanatory statement of managers
shall be subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.
H. R. 1268—39
TITLE III—DOMESTIC APPROPRIATIONS FOR THE WAR ON
TERROR
CHAPTER 1
DEPARTMENT OF ENERGY
NATIONAL NUCLEAR SECURITY ADMINISTRATION
DEFENSE NUCLEAR NONPROLIFERATION
For an additional amount for ‘‘Defense Nuclear Nonprolifera-
tion’’, $84,000,000, to remain available until expended: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
CHAPTER 2
DEPARTMENT OF HOMELAND SECURITY
CUSTOMS AND BORDER PROTECTION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$124,425,000, to remain available until September 30, 2006, for
hiring, training, supporting, and equipping 500 border patrol agents
above the level funded in Public Law 108–334: Provided, That
the Secretary of Homeland Security shall provide the Committees
on Appropriations of the Senate and the House of Representatives
no later than June 15, 2005, with a plan for the expeditious
implementation and execution of these funds: Provided further,
That of the amount provided under this heading, $49,075,000 is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
CONSTRUCTION
For an additional amount for ‘‘Construction’’, $51,875,000, to
remain available until September 30, 2006: Provided, That the
Secretary of Homeland Security shall provide the Committees on
Appropriations of the Senate and the House of Representatives
no later than June 15, 2005, with a plan for the expeditious
implementation and execution of these funds: Provided further,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
IMMIGRATION AND CUSTOMS ENFORCEMENT
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$454,250,000, of which not less than $11,000,000 shall be available
for the costs of increasing by no less than seventy-nine the level
of full-time equivalents on board on the date of enactment of this
H. R. 1268—40
Act: Provided, That of the total amount provided, $178,250,000
is available until September 30, 2006, of which $93,050,000 is
for new investigators, enforcement agents, detention officers, and
detention bedspace: Provided further, That the Secretary of Home-
land Security shall provide the Committees on Appropriations of
the Senate and the House of Representatives no later than June
15, 2005, with a plan for the expeditious implementation and execu-
tion of these funds: Provided further, That of the amount provided
under this heading, $349,050,000 is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
UNITED STATES COAST GUARD
OPERATING EXPENSES
For 
an 
additional 
amount 
for 
‘‘Operating 
Expenses’’,
$111,950,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For an additional amount for ‘‘Acquisition, Construction, and
Improvements’’, $49,200,000, to remain available until September
30, 2007: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$2,568,000, to remain available until September 30, 2006.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES
For an additional amount for ‘‘Acquisition, Construction,
Improvements, and Related Expenses’’, $1,882,000, to remain avail-
able until September 30, 2006.
CHAPTER 3
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
DETENTION TRUSTEE
For 
an 
additional 
amount 
for 
‘‘Detention 
Trustee’’,
$184,000,000, for necessary expenses of the Federal Detention
Trustee: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
H. R. 1268—41
LEGAL ACTIVITIES
ASSET FORFEITURE FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$40,000,000 are rescinded.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$11,935,000, for increased judicial security outside of courthouse
facilities, including home intrusion detection systems for Federal
judges, to remain available until September 30, 2006: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$73,991,000, to remain available until September 30, 2006: Pro-
vided, That of the amount appropriated, $1,250,000 shall be trans-
ferred to and merged with the appropriation for ‘‘Department of
Justice, General Administration, Office of Inspector General’’: Pro-
vided further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$7,648,000, to remain available until September 30, 2006: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$4,000,000, to remain available until September 30, 2006: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
H. R. 1268—42
CHAPTER 4
LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
PAYMENT TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF
CONGRESS
For payment to Doris K. Matsui, widow of Robert T. Matsui,
late a Representative from the State of California, $162,100.
SALARIES AND EXPENSES
For an additional amount for salaries and expenses of the
House of Representatives, $39,000,000, to remain available until
expended: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
ADMINISTRATIVE PROVISIONS
HOUSE SERVICES REVOLVING FUND
SEC. 3401. (a) Section 103(b) of the Legislative Branch Appro-
priations Act, 2005 (Public Law 108–447; 118 Stat. 3175) is
amended to read as follows:
‘‘(b) USE
OF FEES.—Any amounts paid as fees for the use
of the exercise facility described in subsection (a) shall be deposited
into the House Services Revolving Fund established under section
105.’’.
(b) Section 105(a) of such Act (2 U.S.C. 117m(a)) is amended
by adding at the end the following new paragraph:
‘‘(5) The payment of fees for the use of the exercise facility
described in section 103(a).’’.
(c) The amendments made by this section shall take effect
as if included in the enactment of the Legislative Branch Appropria-
tions Act, 2005.
TECHNICAL CORRECTIONS
SEC. 3402. (a) The last proviso under the heading ‘‘LIBRARY
OF CONGRESS—Salaries and Expenses’’ in chapter 9 of division
A of the Miscellaneous Appropriations Act, 2001, as enacted into
law by section 1(a)(4) of the Consolidated Appropriations Act, 2001
(2 U.S.C. 132b note), is amended by striking ‘‘chair of the Sub-
committee on the Legislative Branch of the Committee on Appro-
priations of the House of Representatives’’ and inserting ‘‘chair
of the Committee on Appropriations of the House of Representatives
(or another member of such Committee designated by the chair)’’.
(b) Section 313(a)(2)(E) of the Legislative Branch Appropria-
tions Act, 2001 (2 U.S.C. 1151(a)(2)(E)), as added by section 1502
of the Legislative Branch Appropriations Act, 2005 (Public Law
108–447), is amended by striking ‘‘chair of the Subcommittee on
Legislative Branch of the Committee on Appropriations of the House
of Representatives’’ and inserting ‘‘chair of the Committee on Appro-
priations of the House of Representatives (or another member of
such Committee designated by the chair)’’.
H. R. 1268—43
CAPITOL POLICE
GENERAL EXPENSES
For an additional amount for necessary expenses of the Capitol
Police, $11,000,000, to remain available until expended: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
ARCHITECT OF THE CAPITOL
CAPITOL GROUNDS
For an additional amount for ‘‘Capitol Grounds’’, $8,200,000,
to remain available until September 30, 2006: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
CAPITOL POLICE BUILDINGS AND GROUNDS
For an additional amount for ‘‘Capitol Police Buildings and
Grounds’’, $4,100,000, to remain available until September 30, 2006:
Provided, That the amount provided under this heading is des-
ignated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
TITLE IV—INDIAN OCEAN TSUNAMI RELIEF
CHAPTER 1
FUNDS APPROPRIATED TO THE PRESIDENT
OTHER BILATERAL ASSISTANCE
TSUNAMI RECOVERY AND RECONSTRUCTION FUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Foreign Assistance
Act of 1961, for emergency relief, rehabilitation, and reconstruction
aid to countries affected by the tsunami and earthquakes of
December 2004 and March 2005, and the Avian influenza virus,
$656,000,000, to remain available until September 30, 2006: Pro-
vided, That these funds may be transferred by the Secretary of
State to Federal agencies or accounts for any activity authorized
under part I (including chapter 4 of part II) of the Foreign Assist-
ance Act, or under the Agricultural Trade Development and Assist-
ance 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