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OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Drug Interdiction and 
Counter-Drug Activities, Defense’’, $257,000,000, to re-
main available until December 31, 2005: Provided, That 
these funds may be used for such activities related to Af-
ghanistan and the Central Asia area: Provided further, 
That the Secretary of Defense may transfer the funds pro-
vided herein only to appropriations for military personnel; 
operation and maintenance; procurement; and research, 
development, test and evaluation: Provided further, That 
the funds transferred shall be merged with and be avail-
able for the same purposes and for the same time period 
as the appropriation to which transferred: Provided fur-
ther, That the transfer authority provided in this para-
graph is in addition to any other transfer authority avail-
able to the Department of Defense: Provided further, That 
upon a determination that all or part of the funds trans-
ferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be trans-
ferred back to this appropriation: Provided further, That 
not to exceed $70,000,000 of the funds provided herein 
may be used to reimburse fully this account for obligations
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incurred for the purposes provided under this heading 
prior to enactment of this Act: Provided further, 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). 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for ‘‘Office of the Inspector 
General’’, $148,000: 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). 
RELATED AGENCIES 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
For an additional amount for ‘‘Intelligence Commu-
nity Management Account’’, $250,300,000, of which 
$181,000,000 is to remain available until September 30, 
2006: 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). 
GENERAL PROVISIONS—THIS CHAPTER 
(TRANSFER OF FUNDS) 
SEC. 1101. Upon his determination that such action 
is necessary in the national interest, the Secretary of De-
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fense
may
transfer
between
appropriations
up
to 
$2,000,000,000 of the funds made available to the De-
partment of Defense in this chapter: Provided, That the 
Secretary shall notify the Congress promptly of each 
transfer made pursuant to this authority: Provided fur-
ther, That the transfer authority provided in this section 
is in addition to any other transfer authority available to 
the Department of Defense: Provided further, That the au-
thority in this section is subject to the same terms and 
conditions as the authority provided in section 8005 of the 
Department of Defense Appropriations Act, 2005, except 
for the fourth proviso: Provided further, That the amounts 
made available by the transfer of funds in or pursuant 
to this section are designated as an emergency require-
ment pursuant to section 402 of the conference report to 
accompany S. Con. Res. 95 (108th Congress). 
SEC. 1102. Section 8005 of the Department of De-
fense Appropriations Act, 2005 (Public Law 108–287; 
118 Stat. 969), is amended by striking ‘‘$3,500,000,000’’ 
and inserting ‘‘$5,500,000,000’’: Provided, That the 
amounts made available by the transfer of funds in or pur-
suant to this section are designated as an emergency re-
quirement pursuant to section 402 of the conference re-
port to accompany S. Con. Res. 95 (108th Congress).
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(TRANSFER OF FUNDS) 
SEC. 1103. During fiscal year 2005, the Secretary 
of Defense may transfer amounts in or credited to the De-
fense Cooperation Account, pursuant to section 2608 of 
title 10, United States Code, to such appropriations or 
funds of the Department of Defense as he shall determine 
for use consistent with the purposes for which such funds 
were contributed and accepted: Provided, That such 
amounts shall be available for the same time period as 
the appropriation to which transferred: Provided further, 
That the Secretary shall report to the Congress all trans-
fers made pursuant to this authority: Provided further, 
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). 
SEC. 1104. (a) AUTHORITY TO PROVIDE SUP-
PORT.—Of the amount appropriated by this Act under the 
heading, ‘‘Drug Interdiction and Counter-Drug Activities, 
Defense’’, not to exceed $34,000,000 may be made avail-
able for support for counter-drug activities of the Govern-
ment of Afghanistan, and not to exceed $4,000,000 may 
be made available for support for counter-drug activities 
of the Government of Pakistan: Provided, That such sup-
port shall be in addition to support provided for the
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counter-drug activities of said Governments under any 
other provision of the law. 
(b) TYPES OF SUPPORT.—(1) Except as specified in 
subsections (b)(2) and (b)(3) of this section, the support 
that may be provided under the authority in this section 
shall be limited to the types of support specified in section 
1033(c)(1) of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105–85, as amended by 
Public Law 106–398 and Public Law 108–136) and condi-
tions on the provision of support as contained in section 
1033 shall apply for fiscal year 2005. 
(2) The Secretary of Defense may transfer vehicles, 
aircraft, and detection, interception, monitoring and test-
ing equipment to said Governments for counter-drug ac-
tivities. 
(3) For the Government of Afghanistan, the Sec-
retary of Defense may also provide individual and crew-
served weapons, and ammunition for counter-drug secu-
rity forces. 
SEC. 1105. The paragraph under the heading ‘‘Oper-
ation and Maintenance, Defense-Wide’’ in title II of the 
Department of Defense Appropriations Act, 2005 (Public 
Law 108–287; 118 Stat. 954), is amended in the first pro-
viso
by
striking
‘‘$32,000,000’’
and
inserting 
‘‘$40,000,000’’.
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SEC. 1106. For fiscal year 2005, the limitation under 
paragraph (3) of section 2208(l) of title 10, United States 
Code, on the total amount of advance billings rendered 
or imposed for all working capital funds of the Depart-
ment of Defense in a fiscal year shall be applied by sub-
stituting ‘‘$1,500,000,000’’ for ‘‘$1,000,000,000’’. 
SEC. 1107. Section 1201(a) of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 2005 
(Public Law 108–375; 118 Stat. 2077), as amended by 
section 102 of title I of division J of the Consolidated Ap-
propriations Act, 2005 (Public Law 108–447), is further 
amended by striking ‘‘$500,000,000’’ in the matter pre-
ceding paragraph (1) and inserting ‘‘$854,000,000’’. 
SEC. 1108. Section 8090(b) of the Department of De-
fense Appropriations Act, 2005 (Public Law 108–287), is 
amended
by
striking
‘‘$185,000,000’’
and
inserting 
‘‘$210,000,000’’. 
SEC. 1109. (a) During calendar year 2005 and not-
withstanding section 5547 of title 5, United States Code, 
the head of an Executive agency may waive the limitation, 
up to $200,000, established in that section for total com-
pensation, including limitations on the aggregate of basic 
pay and premium pay payable in a calendar year, to an 
employee who performs work while in an overseas location
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that is in the area of responsibility of the Commander of 
the U.S. Central Command, in support of, or related to—
(1) a military operation, including a contin-
gency operation; or 
(2) an operation in response to a declared emer-
gency. 
(b) To the extent that a waiver under subsection (a) 
results in payment of additional premium pay of a type 
that is normally creditable as basic pay for retirement or 
any other purpose, such additional pay shall not be consid-
ered to be basic pay for any purpose, nor shall it be used 
in computing a lump-sum payment for accumulated and 
accrued annual leave under section 5551 of title 5, United 
States Code. 
(c) The Director of the Office of Personnel Manage-
ment may issue regulations to ensure appropriate consist-
ency among heads of executive agencies in the exercise of 
authority granted by this section. 
SEC. 1110. Section 1096(b) of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (Public Law 
108–458) is amended—
(1) in the matter preceding paragraph (1), by 
striking ‘‘in the fiscal year after the effective date of 
this Act’’ and inserting ‘‘during fiscal years 2005 
and 2006’’; and
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(2) in paragraph (1), by striking ‘‘500 new per-
sonnel billets’’ and inserting ‘‘a total of 500 new 
personnel positions’’. 
SEC. 1111. Section 1051a(e) of title 10, United 
States Code, is amended by striking ‘‘September 30, 
2005’’ and inserting ‘‘December 31, 2005’’. 
SEC. 1112. Notwithstanding subsection (c) of section 
308e of title 37, United States Code, the maximum 
amount of the bonus paid to a member of the Armed 
Forces pursuant to a reserve affiliation agreement entered 
into under such section during fiscal year 2005 shall not 
exceed $10,000, and the Secretary of Defense, and the 
Secretary of Homeland Security with respect to the Coast 
Guard, may prescribe regulations under subsection (f) of 
such section to modify the method by which bonus pay-
ments are made under reserve affiliation agreements en-
tered into during such fiscal year. 
SEC. 1113. (a) INCREASE IN SGLI MAXIMUM.—Sec-
tion 1967 of title 38, United States Code, is amended—
(1)
in
subsection
(a)(3)(A)(i),
by
striking 
‘‘$250,000’’ and inserting ‘‘$400,000 or such lesser 
amount as the member may elect in increments of 
$50,000’’; 
(2) in subsection (a)(3)(B), by striking ‘‘member 
or spouse’’ in the last sentence and inserting ‘‘mem-
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ber, be evenly divisible by $50,000 and, in the case 
of a member’s spouse’’; and 
(3) in subsection (d), by striking ‘‘of $250,000’’ 
and
inserting
‘‘in
effect
under
subsection 
(a)(3)(A)(i)’’. 
(b) SPOUSE CONSENT AND BENEFICIARY NOTIFICA-
TION.—Section 1967(a)(3)(B) of such title is amended—
(1) by inserting ‘‘(i)’’ after ‘‘(B)’’; and 
(2) by adding at the end the following new 
clauses: 
‘‘(ii) A member who is married may 
not, without the written concurrence of the 
member’s spouse—
‘‘(I) elect not to be insured under 
this subchapter or to be insured under 
this subchapter in an amount less 
than the maximum amount provided 
for under subparagraph (A)(i); or 
‘‘(II) designate any other person 
as a beneficiary under this program. 
‘‘(iii) Whenever a member who is not 
married elects not to be insured under this 
subchapter or to be insured under this sub-
chapter in an amount less than the max-
imum amount provided for under subpara-
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graph (A)(i), the Secretary concerned shall 
provide a notice of such election to any 
person designated by the member as a ben-
eficiary or designated as the member’s 
next-of-kin for the purpose of emergency 
notification, as determined under regula-
tions prescribed by the Secretary of De-
fense.’’. 
(c) LIMITATION ON SPOUSE COVERAGE TO AMOUNT 
OF MEMBER COVERAGE.—Section 1967(a)(3)(C) of such 
title is amended by inserting before the period at the end 
the following: ‘‘as applicable to such member under sub-
paragraph (A)(i)’’. 
(d) CONFORMING AMENDMENTS TO VGLI PROVI-
SIONS.—Section 1977 of such title is amended by striking 
‘‘$250,000’’
each
place
it
appears
and
inserting 
‘‘$400,000’’. 
(e) MILITARY DEATH GRATUITY.—Section 1478 of 
title 10, United States Code, is amended—
(1) in subsection (a), by striking ‘‘$12,000 (as 
adjusted
under
subsection
(c))’’
and
inserting 
‘‘$100,000’’; and 
(2) by striking subsection (c).
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(f) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to deaths occurring 
on or after the date of the enactment of this Act. 
SEC. 1114. (a) SPECIAL DEATH GRATUITY FOR CER-
TAIN PRIOR DEATHS IN SERVICE.—In the case of the 
death of a member of the uniformed services that is a 
qualifying death (as specified in subsection (b)), the Sec-
retary concerned shall pay a death gratuity of not more 
than $238,000. Of that amount—
(1) $150,000 shall be paid in the manner speci-
fied in subsection (c); and 
(2) $88,000 shall be paid in the manner speci-
fied in subsection (d). 
(b) QUALIFYING DEATHS.—The death of a member 
of the uniformed services is a qualifying death for purpose 
of this section if—
(1) the member died during the period begin-
ning on October 7, 2001, and ending on the day be-
fore the date of the enactment of this Act; 
(2) for the purpose of section 1114(a)(2), the 
death was a direct result of an injury or illness (or 
combination of one or more injuries or illness) in-
curred in Operation Enduring Freedom or Operation 
Iraqi Freedom, as determined under regulations pre-
scribed by the Secretary of Defense; and
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(3) for the purpose of section 1114(a)(1), the 
death was a direct result of an injury or illness (or 
combination of one or more injuries or illness) in-
curred by any active duty military member in the 
performance of duty. 
(c) SGLI BENEFICIARIES.—A payment pursuant to 
subsection (a)(1) by reason of a covered death shall be 
paid—
(1) to a beneficiary in proportion to the share 
of benefits applicable to such beneficiary in the pay-
ment of life insurance proceeds paid on the basis of 
that death under the Servicemembers Group Life In-
surance program under subchapter III of chapter 19 
of title 38, United States Code; or 
(2) in the case of a member who elected not to 
be insured under the provisions of that subchapter, 
in equal shares to the person or persons who would 
have received proceeds under those provisions of law 
for a member who is insured under that subchapter 
but does not designate named beneficiaries. 
(d) MILITARY DEATH GRATUITY BENEFICIARIES.—
A payment pursuant to subsection (a)(2) by reason of a 
covered death shall be paid equal shares to the bene-
ficiaries who were paid the death gratuity that was paid
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with respect to that death under subchapter II of chapter 
75 of title 10, United States Code. 
(e) STATUS OF PAYMENTS.—A death gratuity pay-
able under this section by reason of a qualifying death 
is in addition to any other death gratuity or other benefit 
payable by the United States by reason of that death. 
(f) DEFINITION.—For the purposes of this section, 
the term ‘‘Secretary concerned’’ has the meaning given 
that term in section 101 of title 37, United States Code.’’. 
SEC. 1115. Funds appropriated in this chapter, or 
made available by transfer of funds in or pursuant to this 
chapter, for intelligence activities are deemed to be specifi-
cally authorized by the Congress for purposes of section 
504 of the National Security Act of 1947 (50 U.S.C. 414). 
SEC. 1116. None of the funds provided in this chap-
ter 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 congres-
sional defense committees.
HR 1268 PP 
CHAPTER 2
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION, ARMY 
For an additional amount for ‘‘Military Construction, 
Army’’, $930,100,000, to remain available until Sep-
tember 30, 2006: Provided, That $669,100,000 of such 
additional amount may not be obligated until after that 
date on which the Secretary of Defense submits to the 
Committees on Appropriations of the House of Represent-
atives and Senate the comprehensive master plans for 
overseas military infrastructure required by House Report 
108–342: Provided further, That notwithstanding any 
other provision of law, such funds may be obligated or ex-
pended to carry out planning and design and military con-
struction projects not otherwise authorized by law: 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). 
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS 
For an additional amount for ‘‘Military Construction, 
Navy and Marine Corps’’, $92,720,000, to remain avail-
able
until
September
30,
2006:
Provided,
That 
$32,380,000 of such additional amount may not be obli-
gated until after that date on which the Secretary of De-
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fense submits to the Committees on Appropriations of the 
House of Representatives and Senate the comprehensive 
master plans for overseas military infrastructure required 
by House Report 108–342: Provided further, That not-
withstanding any other provision of law, such funds may 
be obligated or expended to carry out planning and design 
and military construction projects not otherwise author-
ized by law: Provided further, 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). 
MILITARY CONSTRUCTION, AIR FORCE 
For an additional amount for ‘‘Military Construction, 
Air Force’’, $301,386,000, to remain available until Sep-
tember 30, 2006: Provided, That $301,386,000 of such 
additional amount may not be obligated until after that 
date on which the Secretary of Defense submits to the 
Committees on Appropriations of the House of Represent-
atives and Senate the comprehensive master plans for 
overseas military infrastructure required by House Report 
108–342: Provided further, That notwithstanding any 
other provision of law, such funds may be obligated or ex-
pended to carry out planning and design and military con-
struction projects not otherwise authorized by law: Pro-
vided further, That the amounts provided under this head-
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ing are designated as an emergency requirement pursuant 
to section 402 of the conference report to accompany S. 
Con. Res. 95 (108th Congress). 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, 
Army’’, $1,542,100,000: 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). 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Main-
tenance,
Army’’,
$66,300,000:
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). 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $175,550,000 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).
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TITLE II—INTERNATIONAL PROGRAMS AND AS-
SISTANCE FOR RECONSTRUCTION AND THE 
WAR ON TERROR 
CHAPTER 1
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’’, $44,000,000 (increased by 
$50,000,000), to remain available until expended, for 
emergency expenses related to the humanitarian crisis in 
the Darfur region of Sudan: 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). 
OPERATING EXPENSES OF THE UNITED STATES AGENCY 
FOR INTERNATIONAL DEVELOPMENT 
For an additional amount for ‘‘Operating Expenses 
of the United States Agency for International Develop-
ment’’, $24,400,000, to remain available until September 
30, 2006.
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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 Develop-
ment Office of Inspector General’’, $2,500,000, to remain 
available until September 30, 2006. 
OTHER BILATERAL ECONOMIC ASSISTANCE 
ECONOMIC SUPPORT FUND 
For an additional amount for ‘‘Economic Support 
Fund’’, $684,700,000 (reduced by $3,000,000), to remain 
available until September 30, 2006, of which up to 
$200,000,000 may be provided for programs, activities, 
and efforts to support Palestinians. 
For an additional amount for ‘‘Economic Support 
Fund’’, $376,500,000, to remain available until Sep-
tember 30, 2006: Provided, That these funds are hereby 
designated by Congress to be emergency requirements 
pursuant to section 402 of the conference report to accom-
pany 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’’ for as-
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sistance for Ukraine, $33,700,000, to remain available 
until September 30, 2006. 
DEPARTMENT OF STATE 
INTERNATIONAL NARCOTICS CONTROL AND LAW 
ENFORCEMENT 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘International Nar-
cotics Control and Law Enforcement’’, $594,000,000, to 
remain available until September 30, 2007, of which not 
more than $400,000,000 may be made available to provide 
assistance to the Afghan police: 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). 
MIGRATION AND REFUGEE ASSISTANCE 
For an additional amount for ‘‘Migration and Ref-
ugee
Assistance’’,
$53,400,000
(increased
by 
$50,000,000), to remain available until September 30, 
2006: 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).
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NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND 
RELATED PROGRAMS 
For an additional amount for ‘‘Nonproliferation, 
Anti-Terrorism,
Demining
and
Related
Programs’’, 
$17,100,000, to remain available until September 30, 
2006: 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). 
MILITARY ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
FOREIGN MILITARY FINANCING PROGRAM 
For an additional amount for the ‘‘Foreign Military 
Financing Program’’, $250,000,000. 
PEACEKEEPING OPERATIONS 
For an additional amount for ‘‘Peacekeeping Oper-
ations’’, $10,000,000, to remain available until September 
30, 2006: 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). 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 2101. Section 307(a) of the Foreign Assistance 
Act of 1961 is amended by striking ‘‘Iraq,’’.
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(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 ad-
dress—
‘‘(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
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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
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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;
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(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.
HR 1268 PP 
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).
HR 1268 PP 
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
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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).
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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
HR 1268 PP 
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
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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
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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
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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
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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).
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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
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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).
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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-
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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
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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
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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-
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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
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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
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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
HR 1268 PP 
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
HR 1268 PP 
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
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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.
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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
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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
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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
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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:
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‘‘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 ‘Ball-
park Omnibus Financing and Revenue Act of 2004’ 
approved by the District of Columbia, December 29, 
2004, and 
‘‘(2) $15,000,000 from local funds shall be 
transferred under the heading ‘Repayment of Loans 
and Interest’, and
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‘‘(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.
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(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.’’.
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(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
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(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
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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-
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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
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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-
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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).’’.
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(c) OTHER REQUESTS
FOR RELIEF FROM RE-
MOVAL.—Section 240(c) of the Immigration and Nation-
ality Act (8 U.S.C. 1230(c)) is amended—
(1) by redesignating paragraphs (4), (5), and 
(6) as paragraphs (5), (6), and (7), respectively; and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) APPLICATIONS
FOR
RELIEF
FROM
RE-
MOVAL.—
‘‘(A) IN GENERAL.—An alien applying for 
relief or protection from removal has the bur-
den of proof to establish that the alien—
‘‘(i) satisfies the applicable eligibility 
requirements; and 
‘‘(ii) with respect to any form of relief 
that is granted in the exercise of discre-
tion, that the alien merits a favorable exer-
cise of discretion. 
‘‘(B) SUSTAINING
BURDEN.—The appli-
cant must comply with the applicable require-
ments to submit information or documentation 
in support of the applicant’s application for re-
lief or protection as provided by law or by regu-
lation or in the instructions for the application 
form. In evaluating the testimony of the appli-
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cant or other witness in support of the applica-
tion,
the
immigration
judge
will
determine 
whether or not the testimony is credible, is per-
suasive, and refers to specific facts sufficient to 
demonstrate that the applicant has satisfied the 
applicant’s burden of proof. In determining 
whether the applicant has met such burden, the 
immigration judge shall weigh the credible testi-
mony along with other evidence of record. 
Where the immigration judge determines in the 
judge’s discretion that the applicant should pro-
vide evidence which corroborates otherwise cred-
ible testimony, such evidence must be provided 
unless the applicant demonstrates that the ap-
plicant does not have the evidence and cannot 
reasonably obtain the evidence without depart-
ing from the United States. The inability to ob-
tain corroborating evidence does not excuse the 
applicant from meeting the burden of proof. 
‘‘(C) CREDIBILITY DETERMINATION.—The 
immigration judge should consider all relevant 
factors and may, in the judge’s discretion, base 
the judge’s credibility determination on any 
such factor, including the demeanor, candor, or 
responsiveness of the applicant or witness, the
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inherent
plausibility
of
the
applicant’s
or 
witness’s account, the consistency between the 
applicant’s or witness’s written and oral state-
ments (whenever made and whether or not 
made under oath), the internal consistency of 
each such statement, the consistency of such 
statements with other evidence of record (in-
cluding the reports of the Department of State 
on country conditions), and any inaccuracies or 
falsehoods in such statements, without regard 
to whether an inconsistency, inaccuracy, or 
falsehood goes to the heart of the applicant’s 
claim. There is no presumption of credibility.’’. 
(d) STANDARD OF REVIEW FOR ORDERS OF RE-
MOVAL.—Section 242(b)(4) of the Immigration and Na-
tionality Act (8 U.S.C. 1252(b)(4)) is amended by adding 
at the end, after subparagraph (D), the following: ‘‘No 
court shall reverse a determination made by a trier of fact 
with respect to the availability of corroborating evidence, 
as described in section 208(b)(1)(B), 240(c)(4)(B), or 
241(b)(3)(C), unless the court finds that a reasonable 
trier of fact is compelled to conclude that such corrobo-
rating evidence is unavailable.’’.
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(e)
CLARIFICATION
OF
DISCRETION.—Section 
242(a)(2)(B) of the Immigration and Nationality Act (8 
U.S.C. 1252(a)(2)(B)) is amended—
(1) by inserting ‘‘or the Secretary of Homeland 
Security’’ after ‘‘Attorney General’’ each place such 
term appears; and 
(2) in the matter preceding clause (i), by insert-
ing ‘‘and regardless of whether the judgment, deci-
sion, or action is made in removal proceedings,’’ 
after ‘‘other provision of law,’’. 
(f) REMOVAL OF CAPS.—Section 209 of the Immigra-
tion and Nationality Act (8 U.S.C. 1159) is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘Service’’ and inserting 
‘‘Department of Homeland Security’’; and 
(B) by striking ‘‘Attorney General’’ each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security or the Attorney 
General’’; 
(2) in subsection (b)—
(A) by striking ‘‘Not more’’ and all that 
follows through ‘‘asylum who—’’ and inserting 
‘‘The Secretary of Homeland Security or the 
Attorney General, in the Secretary’s or the At-
torney General’s discretion and under such reg-
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ulations as the Secretary or the Attorney Gen-
eral may prescribe, may adjust to the status of 
an alien lawfully admitted for permanent resi-
dence the status of any alien granted asylum 
who—’’; and 
(B) in the matter following paragraph (5), 
by striking ‘‘Attorney General’’ and inserting 
‘‘Secretary of Homeland Security or the Attor-
ney General’’; and 
(3) in subsection (c), by striking ‘‘Attorney 
General’’ and inserting ‘‘Secretary of Homeland Se-
curity or the Attorney General’’. 
(g) EFFECTIVE DATES.—
(1) The amendments made by paragraphs (1) 
and (2) of subsection (a) shall take effect as if en-
acted on March 1, 2003. 
(2)
The
amendments
made
by
subsections 
(a)(3), (b), and (c) shall take effect on the date of 
the enactment of this division and shall apply to ap-
plications for asylum, withholding, or other removal 
made on or after such date. 
(3) The amendment made by subsection (d) 
shall take effect on the date of the enactment of this 
division and shall apply to all cases in which the
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final administrative removal order is or was issued 
before, on, or after such date. 
(4) The amendments made by subsection (e) 
shall take effect on the date of the enactment of this 
division and shall apply to all cases pending before 
any court on or after such date. 
(5) The amendments made by subsection (f) 
shall take effect on the date of the enactment of this 
division. 
(h) REPEAL.—Section 5403 of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (Public Law 
108–458) is repealed. 
SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVE-
MENT OF BARRIERS AT BORDERS. 
Section 102(c) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 
note) is amended to read as follows: 
‘‘(c) WAIVER.—
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary of Homeland Security 
shall have the authority to waive, and shall waive, all 
laws such Secretary, in such Secretary’s sole discre-
tion, determines necessary to ensure expeditious con-
struction of the barriers and roads under this sec-
tion.
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‘‘(2) NO JUDICIAL REVIEW.—Notwithstanding 
any other provision of law (statutory or nonstatu-
tory), no court, administrative agency, or other enti-
ty shall have jurisdiction—
‘‘(A) to hear any cause or claim arising 
from any action undertaken, or any decision 
made, by the Secretary of Homeland Security 
pursuant to paragraph (1); or 
‘‘(B) to order compensatory, declaratory, 
injunctive, equitable, or any other relief for 
damage alleged to arise from any such action or 
decision.’’. 
SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TER-
RORIST-RELATED ACTIVITIES. 
(a)
IN
GENERAL.—So
much
of
section 
212(a)(3)(B)(i) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(3)(B)(i)) as precedes the final sentence 
is amended to read as follows: 
‘‘(i) IN GENERAL.—Any alien who—
‘‘(I) has engaged in a terrorist 
activity; 
‘‘(II) a consular officer, the At-
torney General, or the Secretary of 
Homeland Security knows, or has rea-
sonable ground to believe, is engaged
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in or is likely to engage after entry in 
any terrorist activity (as defined in 
clause (iv)); 
‘‘(III) has, under circumstances 
indicating an intention to cause death 
or serious bodily harm, incited ter-
rorist activity; 
‘‘(IV) is a representative (as de-
fined in clause (v)) of—
‘‘(aa) a terrorist organiza-
tion (as defined in clause (vi)); or 
‘‘(bb) a political, social, or 
other group that endorses or es-
pouses terrorist activity; 
‘‘(V) is a member of a terrorist 
organization described in subclause (I) 
or (II) of clause (vi); 
‘‘(VI) is a member of a terrorist 
organization
described
in
clause 
(vi)(III), unless the alien can dem-
onstrate by clear and convincing evi-
dence that the alien did not know, and 
should not reasonably have known, 
that the organization was a terrorist 
organization;
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‘‘(VII) endorses or espouses ter-
rorist activity or persuades others to 
endorse or espouse terrorist activity or 
support a terrorist organization; 
‘‘(VIII) has received military-type 
training
(as
defined
in
section 
2339D(c)(1) of title 18, United States 
Code) from or on behalf of any orga-
nization that, at the time the training 
was received, was a terrorist organiza-
tion (as defined in clause (vi)); or 
‘‘(IX) is the spouse or child of an 
alien who is inadmissible under this 
subparagraph, if the activity causing 
the alien to be found inadmissible oc-
curred within the last 5 years, 
is inadmissible.’’. 
(b) ENGAGE IN TERRORIST ACTIVITY DEFINED.—
Section 212(a)(3)(B)(iv) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended to read 
as follows: 
‘‘(iv) ENGAGE IN TERRORIST ACTIVITY 
DEFINED.—As used in this Act, the term 
‘engage in terrorist activity’ means, in an
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individual capacity or as a member of an 
organization—
‘‘(I) to commit or to incite to 
commit,
under
circumstances
indi-
cating an intention to cause death or 
serious bodily injury, a terrorist activ-
ity; 
‘‘(II) to prepare or plan a ter-
rorist activity; 
‘‘(III) to gather information on 
potential targets for terrorist activity; 
‘‘(IV) to solicit funds or other 
things of value for—
‘‘(aa) a terrorist activity; 
‘‘(bb) a terrorist organiza-
tion described in clause (vi)(I) or 
(vi)(II); or 
‘‘(cc) a terrorist organiza-
tion described in clause (vi)(III), 
unless
the
solicitor
can
dem-
onstrate by clear and convincing 
evidence that he did not know, 
and should not reasonably have 
known, that the organization was 
a terrorist organization;
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‘‘(V) to solicit any individual—
‘‘(aa) to engage in conduct 
otherwise described in this sub-
section; 
‘‘(bb) for membership in a 
terrorist
organization
described 
in clause (vi)(I) or (vi)(II); or 
‘‘(cc) for membership in a 
terrorist
organization
described 
in clause (vi)(III) unless the so-
licitor can demonstrate by clear 
and convincing evidence that he 
did not know, and should not 
reasonably have known, that the 
organization was a terrorist orga-
nization; or 
‘‘(VI) to commit an act that the 
actor
knows,
or
reasonably
should 
know, affords material support, in-
cluding a safe house, transportation, 
communications,
funds,
transfer
of 
funds or other material financial ben-
efit, false documentation or identifica-
tion, weapons (including chemical, bi-
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ological, or radiological weapons), ex-
plosives, or training—
‘‘(aa) for the commission of 
a terrorist activity; 
‘‘(bb) to any individual who 
the actor knows, or reasonably 
should know, has committed or 
plans to commit a terrorist activ-
ity; 
‘‘(cc) to a terrorist organiza-
tion described in subclause (I) or 
(II) of clause (vi) or to any mem-
ber of such an organization; or 
‘‘(dd) to a terrorist organi-
zation
described
in
clause 
(vi)(III), or to any member of 
such an organization, unless the 
actor can demonstrate by clear 
and convincing evidence that the 
actor did not know, and should 
not reasonably have known, that 
the organization was a terrorist 
organization. 
This clause shall not apply to any material 
support the alien afforded to an organiza-
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tion or individual that has committed ter-
rorist activity, if the Secretary of State, 
after consultation with the Attorney Gen-
eral and the Secretary of Homeland Secu-
rity, or the Attorney General, after con-
sultation with the Secretary of State and 
the Secretary of Homeland Security, con-
cludes in his sole unreviewable discretion, 
that this clause should not apply.’’. 
(c) TERRORIST ORGANIZATION DEFINED.—Section 
212(a)(3)(B)(vi) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(3)(B)(vi)) is amended to read as fol-
lows: 
‘‘(vi) TERRORIST ORGANIZATION DE-
FINED.—As used in this section, the term 
‘terrorist organization’ means an organiza-
tion—
‘‘(I)
designated
under
section 
219; 
‘‘(II) otherwise designated, upon 
publication in the Federal Register, by 
the Secretary of State in consultation 
with or upon the request of the Attor-
ney
General
or
the
Secretary
of 
Homeland Security, as a terrorist or-
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ganization, after finding that the or-
ganization engages in the activities 
described in subclauses (I) through 
(VI) of clause (iv); or 
‘‘(III) that is a group of two or 
more individuals, whether organized 
or not, which engages in, or has a 
subgroup which engages in, the activi-
ties
described
in
subclauses
(I) 
through (VI) of clause (iv).’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this division, and these amendments, and section 
212(a)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(B)), as amended by this section, shall 
apply to—
(1) removal proceedings instituted before, on, or 
after the date of the enactment of this division; and 
(2) acts and conditions constituting a ground 
for inadmissibility, excludability, deportation, or re-
moval occurring or existing before, on, or after such 
date. 
SEC. 104. REMOVAL OF TERRORISTS. 
(a) IN GENERAL.—
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(1) IN GENERAL.—Section 237(a)(4)(B) of the 
Immigration
and
Nationality
Act
(8
U.S.C. 
1227(a)(4)(B)) is amended to read as follows: 
‘‘(B) TERRORIST
ACTIVITIES.—Any alien 
who is described in subparagraph (B) or (F) of 
section 212(a)(3) is deportable.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this division, and the amendment, and 
section 237(a)(4)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1227(a)(4)(B)), as amended 
by such paragraph, shall apply to—
(A) removal proceedings instituted before, 
on, or after the date of the enactment of this 
division; and 
(B) acts and conditions constituting a 
ground for inadmissibility, excludability, depor-
tation, or removal occurring or existing before, 
on, or after such date. 
(b) REPEAL.—Effective as of the date of the enact-
ment of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108–458), section 5402 of such 
Act is repealed, and the Immigration and Nationality Act 
shall be applied as if such section had not been enacted.
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SEC. 105. JUDICIAL REVIEW OF ORDERS OF REMOVAL. 
(a) IN GENERAL.—Section 242 of the Immigration 
and Nationality Act (8 U.S.C. 1252) is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) in subparagraph (A), by inserting 
‘‘(statutory or nonstatutory), including sec-
tion 2241 of title 28, United States Code, 
or any other habeas corpus provision, and 
sections 1361 and 1651 of such title’’ after 
‘‘Notwithstanding any other provision of 
law’’; 
(ii) in each of subparagraphs (B) and 
(C), by inserting ‘‘(statutory or nonstatu-
tory), including section 2241 of title 28, 
United States Code, or any other habeas 
corpus provision, and sections 1361 and 
1651 of such title, and except as provided 
in
subparagraph
(D)’’
after
‘‘Notwith-
standing any other provision of law’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(D)
JUDICIAL
REVIEW
OF
CERTAIN 
LEGAL CLAIMS.—Nothing in subparagraph (B) 
or (C), or in any other provision of this Act 
which limits or eliminates judicial review, shall
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be construed as precluding review of constitu-
tional claims or pure questions of law raised 
upon a petition for review filed with an appro-
priate court of appeals in accordance with this 
section.’’; and 
(B) by adding at the end the following: 
‘‘(4) CLAIMS
UNDER
THE
UNITED
NATIONS 
CONVENTION.—Notwithstanding any other provision 
of law (statutory or nonstatutory), including section 
2241 of title 28, United States Code, or any other 
habeas corpus provision, and sections 1361 and 
1651 of such title, a petition for review filed with an 
appropriate court of appeals in accordance with this 
section shall be the sole and exclusive means for ju-
dicial review of any cause or claim under the United 
Nations Convention Against Torture and Other 
Forms of Cruel, Inhuman, or Degrading Treatment 
or Punishment, except as provided in subsection (e). 
‘‘(5) EXCLUSIVE MEANS OF REVIEW.—Notwith-
standing any other provision of law (statutory or 
nonstatutory), including section 2241 of title 28, 
United States Code, or any other habeas corpus pro-
vision, and sections 1361 and 1651 of such title, a 
petition for review filed with an appropriate court of 
appeals in accordance with this section shall be the
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sole and exclusive means for judicial review of an 
order of removal entered or issued under any provi-
sion of this Act, except as provided in subsection (e). 
For purposes of this Act, in every provision that lim-
its or eliminates judicial review or jurisdiction to re-
view, the terms ‘judicial review’ and ‘jurisdiction to 
review’ include habeas corpus review pursuant to 
section 2241 of title 28, United States Code, or any 
other habeas corpus provision, sections 1361 and 
1651 of such title, and review pursuant to any other 
provision of law (statutory or nonstatutory).’’; 
(2) in subsection (b)—
(A)
in
paragraph
(3)(B),
by
inserting 
‘‘pursuant to subsection (f)’’ after ‘‘unless’’; 
and 
(B) in paragraph (9), by adding at the end 
the following: ‘‘Except as otherwise provided in 
this section, no court shall have jurisdiction, by 
habeas corpus under section 2241 of title 28, 
United States Code, or any other habeas corpus 
provision, by section 1361 or 1651 of such title, 
or by any other provision of law (statutory or 
nonstatutory), to review such an order or such 
questions of law or fact.’’; and
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(3) in subsection (g), by inserting ‘‘(statutory 
or nonstatutory), including section 2241 of title 28, 
United States Code, or any other habeas corpus pro-
vision, and sections 1361 and 1651 of such title’’ 
after ‘‘notwithstanding any other provision of law’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect upon the date of the enact-
ment of this division and shall apply to cases in which 
the final administrative order of removal, deportation, or 
exclusion was issued before, on, or after the date of the 
enactment of this division. 
(c) TRANSFER OF CASES.—If an alien’s case, brought 
under section 2241 of title 28, United States Code, and 
challenging a final administrative order of removal, depor-
tation, or exclusion, is pending in a district court on the 
date of the enactment of this division, then the district 
court shall transfer the case (or the part of the case that 
challenges the order of removal, deportation, or exclusion) 
to the court of appeals for the circuit in which a petition 
for review could have been properly filed under section 
242(b)(2) of the Immigration and Nationality Act (8 
U.S.C. 1252), as amended by this section, or under section 
309(c)(4)(D) of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (8 U.S.C. 1101 note). 
The court of appeals shall treat the transferred case as
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if it had been filed pursuant to a petition for review under 
such section 242, except that subsection (b)(1) of such 
section shall not apply. 
(d) TRANSITIONAL RULE CASES.—A petition for re-
view filed under former section 106(a) of the Immigration 
and Nationality Act (as in effect before its repeal by sec-
tion 306(b) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1252 note)) 
shall be treated as if it had been filed as a petition for 
review under section 242 of the Immigration and Nation-
ality Act (8 U.S.C. 1252), as amended by this section. 
Notwithstanding any other provision of law (statutory or 
nonstatutory), including section 2241 of title 28, United 
States Code, or any other habeas corpus provision, and 
sections 1361 and 1651 of such title, such petition for re-
view shall be the sole and exclusive means for judicial re-
view of an order of deportation or exclusion. 
SEC. 106. DELIVERY BONDS. 
(a) DEFINITIONS.—For purposes of this section: 
(1)
DELIVERY
BOND.—The
term
‘‘delivery 
bond’’ means a written suretyship undertaking for 
the surrender of an individual against whom the De-
partment of Homeland Security has issued an order 
to show cause or a notice to appear, the performance
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of which is guaranteed by an acceptable surety on 
Federal bonds. 
(2) PRINCIPAL.—The term ‘‘principal’’ means 
an individual who is the subject of a bond. 
(3)
SURETYSHIP
UNDERTAKING.—The
term 
‘‘suretyship undertaking’’ means a written agree-
ment, executed by a bonding agent on behalf of a 
surety, which binds all parties to its certain terms 
and conditions and which provides obligations for 
the principal and the surety while under the bond 
and penalties for forfeiture to ensure the obligations 
of the principal and the surety under the agreement. 
(4)
BONDING
AGENT.—The
term
‘‘bonding 
agent’’ means any individual properly licensed, ap-
proved, and appointed by power of attorney to exe-
cute or countersign surety bonds in connection with 
any matter governed by the Immigration and Na-
tionality Act as amended (8 U.S.C. 1101, et seq.), 
and
who
receives
a
premium
for
executing
or 
countersigning such surety bonds. 
(5) SURETY.—The term ‘‘surety’’ means an en-
tity, as defined by, and that is in compliance with, 
sections 9304 through 9308 of title 31, United 
States Code, that agrees—
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(A) to guarantee the performance, where 
appropriate, of the principal under a bond; 
(B) to perform the bond as required; and 
(C) to pay the face amount of the bond as 
a penalty for failure to perform. 
(b) VALIDITY, AGENT NOT CO-OBLIGOR, EXPIRA-
TION, RENEWAL, AND CANCELLATION OF BONDS.—
(1) VALIDITY.—Delivery bond undertakings are 
valid if such bonds—
(A) state the full, correct, and proper 
name of the alien principal; 
(B) state the amount of the bond; 
(C)
are
guaranteed
by
a
surety
and 
countersigned by an agent who is properly ap-
pointed; 
(D) bond documents are properly executed; 
and 
(E) relevant bond documents are properly 
filed with the Secretary of Homeland Security. 
(2) BONDING AGENT NOT CO-OBLIGOR, PARTY, 
OR GUARANTOR IN INDIVIDUAL CAPACITY, AND NO 
REFUSAL
IF
ACCEPTABLE
SURETY.—Section 
9304(b) of title 31, United States Code, is amended 
by adding at the end the following: ‘‘Notwith-
standing any other provision of law, no bonding
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agent of a corporate surety shall be required to exe-
cute bonds as a co-obligor, party, or guarantor in an 
individual capacity on bonds provided by the cor-
porate surety, nor shall a corporate surety bond be 
refused if the corporate surety appears on the cur-
rent Treasury Department Circular 570 as a com-
pany holding a certificate of authority as an accept-
able surety on Federal bonds and attached to the 
bond is a currently valid instrument showing the au-
thority of the bonding agent of the surety company 
to execute the bond.’’. 
(3) EXPIRATION.—A delivery bond undertaking 
shall expire at the earliest of—
(A) 1 year from the date of issue; 
(B) at the cancellation of the bond or sur-
render of the principal; or 
(C) immediately upon nonpayment of the 
renewal premium. 
(4) RENEWAL.—Delivery bonds may be re-
newed annually, with payment of proper premium to 
the surety, if there has been no breach of conditions, 
default, claim, or forfeiture of the bond. Notwith-
standing any renewal, when the alien is surrendered 
to the Secretary of Homeland Security for removal, 
the Secretary shall cause the bond to be canceled.
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(5) CANCELLATION.—Delivery bonds shall be 
canceled and the surety exonerated—
(A) for nonrenewal after the alien has been 
surrendered to the Department of Homeland 
Security for removal; 
(B) if the surety or bonding agent provides 
reasonable evidence that there was misrepresen-
tation or fraud in the application for the bond; 
(C) upon the death or incarceration of the 
principal, or the inability of the surety to 
produce the principal for medical reasons; 
(D) if the principal is detained by any law 
enforcement agency of any State, county, city, 
or any politial subdivision thereof; 
(E) if it can be established that the alien 
departed the United States of America for any 
reason without permission of the Secretary of 
Homeland Security, the surety, or the bonding 
agent; 
(F) if the foreign state of which the prin-
cipal is a national is designated pursuant to 
section 244 of the Act (8 U.S.C. 1254a) after 
the bond is posted; or
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(G) if the principal is surrendered to the 
Department of Homeland Security, removal by 
the surety or the bonding agent. 
(6) SURRENDER
OF
PRINCIPAL;
FORFEITURE 
OF BOND PREMIUM.—
(A) SURRENDER.—At any time, before a 
breach of any of the bond conditions, if in the 
opinion of the surety or bonding agent, the 
principal becomes a flight risk, the principal 
may be surrendered to the Department of 
Homeland Security for removal. 
(B) FORFEITURE OF BOND PREMIUM.—A 
principal may be surrendered without the re-
turn of any bond premium if the principal—
(i) changes address without notifying 
the surety, the bonding agent, and the Sec-
retary of Homeland Security in writing 
prior to such change; 
(ii) hides or is concealed from a sur-
ety, a bonding agent, or the Secretary; 
(iii) fails to report to the Secretary as 
required at least annually; or 
(iv) violates the contract with the 
bonding agent or surety, commits any act 
that may lead to a breach of the bond, or
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otherwise violates any other obligation or 
condition of the bond established by the 
Secretary. 
(7) CERTIFIED
COPY
OF
BOND
AND
ARREST 
WARRANT TO ACCOMPANY SURRENDER.—
(A) IN
GENERAL.—A bonding agent or 
surety desiring to surrender the principal—
(i) shall have the right to petition the 
Secretary of Homeland Security or any 
Federal court, without having to pay any 
fees or court costs, for an arrest warrant 
for the arrest of the principal; 
(ii) shall forthwith be provided 2 cer-
tified copies each of the arrest warrant and 
the bond undertaking, without having to 
pay any fees or courts costs; and 
(iii) shall have the right to pursue, ap-
prehend, detain, and surrender the prin-
cipal, together with certified copies of the 
arrest warrant and the bond undertaking, 
to any Department of Homeland Security 
detention official or Department detention 
facility or any detention facility authorized 
to hold Federal detainees.
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(B) EFFECTS OF DELIVERY.—Upon sur-
render
of
a
principal
under
subparagraph 
(A)(iii)—
(i) the official to whom the principal 
is surrendered shall detain the principal in 
custody and issue a written certificate of 
surrender; and 
(ii) the Secretary of Homeland Secu-
rity shall immediately exonerate the surety 
from any further liability on the bond. 
(8) FORM OF BOND.—Delivery bonds shall in 
all cases state the following and be secured by a cor-
porate surety that is certified as an acceptable sur-
ety on Federal bonds and whose name appears on 
the current Treasury Department Circular 570: 
‘‘(A) BREACH OF BOND; PROCEDURE, FOR-
FEITURE, NOTICE.—
‘‘(i) If a principal violates any condi-
tions of the delivery bond, or the principal 
is or becomes subject to a final administra-
tive order of deportation or removal, the 
Secretary of Homeland Security shall—
‘‘(I) immediately issue a warrant 
for the principal’s arrest and enter 
that arrest warrant into the National
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Crime
Information
Center
(NCIC) 
computerized information database; 
‘‘(II) order the bonding agent 
and surety to take the principal into 
custody and surrender the principal to 
any one of 10 designated Department 
of Homeland Security ‘turn-in’ cen-
ters located nationwide in the areas of 
greatest need, at any time of day dur-
ing 15 months after mailing the ar-
rest warrant and the order to the 
bonding agent and the surety as re-
quired by subclause (III), and imme-
diately enter that order into the Na-
tional
Crime
Information
Center 
(NCIC)
computerized
information 
database; and 
‘‘(III) mail 2 certified copies each 
of the arrest warrant issued pursuant 
to subclause (I) and 2 certified copies 
each of the order issued pursuant to 
subclause (II) to only the bonding 
agent and surety via certified mail re-
turn receipt to their last known ad-
dresses.
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‘‘(ii)
Bonding
agents
and
sureties 
shall immediately notify the Secretary of 
Homeland Security of their changes of ad-
dress and/or telephone numbers. 
‘‘(iii) The Secretary of Homeland Se-
curity shall establish, disseminate to bond-
ing agents and sureties, and maintain on a 
current basis a secure nationwide toll-free 
list of telephone numbers of Department of 
Homeland Security officials, including the 
names
of
such
officials,
that
bonding 
agents, sureties, and their employees may 
immediately contact at any time to discuss 
and resolve any issue regarding any prin-
cipal or bond, to be known as ‘Points of 
Contact’. 
‘‘(iv) A bonding agent or surety shall 
have full and complete access, free of 
charge, to any and all information, elec-
tronic or otherwise, in the care, custody, 
and control of the United States Govern-
ment or any State or local government or 
any subsidiary or police agency thereof re-
garding the principal that may be helpful 
in
complying
with
section
105
of
the
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REAL ID Act of 2005 that the Secretary 
of Homeland Security, by regulations sub-
ject to approval by Congress, determines 
may be helpful in locating or surrendering 
the
principal.
Beyond
the
principal,
a 
bonding agent or surety shall not be re-
quired to disclose any information, includ-
ing but not limited to the arrest warrant 
and order, received from any governmental 
source, any person, firm, corporation, or 
other entity. 
‘‘(v) If the principal is later arrested, 
detained, or otherwise located outside the 
United States and the outlying possessions 
of the United States (as defined in section 
101(a) of the Immigration and Nationality 
Act), the Secretary of Homeland Security 
shall—
‘‘(I) immediately order that the 
surety is completely exonerated, and 
the bond canceled; and 
‘‘(II) if the Secretary of Home-
land Security has issued an order 
under clause (i), the surety may re-
quest, by written, properly filed mo-
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tion, reinstatement of the bond. This 
subclause may not be construed to 
prevent the Secretary of Homeland 
Security from revoking or resetting a 
bond at a higher amount. 
‘‘(vi) The bonding agent or surety 
must—
‘‘(I) during the 15 months after 
the date the arrest warrant and order 
were
mailed
pursuant
to
clause 
(i)(III) surrender the principal one 
time; or 
‘‘(II)(aa) provide reasonable evi-
dence that producing the principal 
was prevented—
‘‘(aaa) by the principal’s ill-
ness or death; 
‘‘(bbb) because the principal 
is detained in custody in any city, 
State, country, or any political 
subdivision thereof; 
‘‘(ccc) because the principal 
has left the United States or its 
outlying possessions (as defined 
in section 101(a) of the Immigra-
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tion
and
Nationality
Act
(8 
U.S.C. 1101(a)); or 
‘‘(ddd) because required no-
tice was not given to the bonding 
agent or surety; and 
‘‘(bb) establish by affidavit that 
the inability to produce the principal 
was not with the consent or conniv-
ance of the bonding agent or surety. 
‘‘(vii) If compliance occurs more than 
15 months but no more than 18 months 
after the mailing of the arrest warrant and 
order to the bonding agent and the surety 
required under clause (i)(III), an amount 
equal to 25 percent of the face amount of 
the bond shall be assessed as a penalty 
against the surety. 
‘‘(viii) If compliance occurs more than 
18 months but no more than 21 months 
after the mailing of the arrest warrant and 
order to the bonding agent and the surety 
required under clause (i)(III), an amount 
equal to 50 percent of the face amount of 
the bond shall be assessed as a penalty 
against the surety.