Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005
PL 109-13 (H.R.1268), enacted 05/11/2005

119 STAT. 231
PUBLIC LAW 109–13—MAY 11, 2005
Public Law 109–13
109th Congress
An Act
Making Emergency Supplemental Appropriations for Defense, the Global War on
Terror, and Tsunami Relief, for the fiscal year ending September 30, 2005, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Emergency Supplemental Appro-
priations Act for Defense, the Global War on Terror, and Tsunami
Relief, 2005’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A—EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
DEFENSE, THE GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF, 2005
Title I—Defense Related Appropriations
Title II—International Programs and Assistance for Reconstruction and the War on
Terror
Title III—Domestic Appropriations for the War on Terror
Title IV—Indian Ocean Tsunami Relief
Title V—Other Emergency Appropriations
Title VI—General Provisions and Technical Corrections
DIVISION B—REAL ID ACT OF 2005
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ‘‘this
Act’’ contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION 
A—EMERGENCY 
SUPPLE-
MENTAL APPROPRIATIONS ACT FOR
DEFENSE, THE GLOBAL WAR ON TER-
ROR, AND TSUNAMI RELIEF, 2005
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2005, and for other purposes, namely:
Emergency
Supplemental
Appropriations
Act for Defense,
the Global War
on Terror, and
Tsunami Relief,
2005.
Emergency
Supplemental
Appropriations
Act for Defense,
the Global War
on Terror, and
Tsunami Relief,
2005.
May 11, 2005
[H.R. 1268]
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119 STAT. 232
PUBLIC LAW 109–13—MAY 11, 2005
TITLE I—DEFENSE-RELATED APPROPRIATIONS
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$13,609,208,000, of which not to exceed $508,374,000 shall remain
available until September 30, 2006: Provided, That the amount
provided under this heading is designated as an emergency require-
ment pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel, Navy’’,
$535,108,000, of which not to exceed $19,928,000 shall remain
available until September 30, 2006: Provided, That the amount
provided under this heading is designated as an emergency require-
ment pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel, Marine
Corps’’, $1,358,053,000, of which not to exceed $220,227,000 shall
remain available until September 30, 2006: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$1,599,943,000, of which not to exceed $16,471,000 shall remain
available until September 30, 2006: Provided, That the amount
provided under this heading is designated as an emergency require-
ment pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
RESERVE PERSONNEL, ARMY
For an additional amount for ‘‘Reserve Personnel, Army’’,
$39,627,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
RESERVE PERSONNEL, NAVY
For an additional amount for ‘‘Reserve Personnel, Navy’’,
$9,411,000: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
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119 STAT. 233
PUBLIC LAW 109–13—MAY 11, 2005
RESERVE PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Reserve Personnel, Marine
Corps’’, $4,015,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
RESERVE PERSONNEL, AIR FORCE
For an additional amount for ‘‘Reserve Personnel, Air Force’’,
$130,000: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
NATIONAL GUARD PERSONNEL, ARMY
For an additional amount for ‘‘National Guard Personnel,
Army’’, $291,100,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
NATIONAL GUARD PERSONNEL, AIR FORCE
For an additional amount for ‘‘National Guard Personnel, Air
Force’’, $91,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Maintenance,
Army’’, $16,980,304,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
OPERATION AND MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $3,030,574,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
OPERATION AND MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $982,464,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
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PUBLIC LAW 109–13—MAY 11, 2005
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $5,627,053,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $3,042,265,000, of which—
(1) not to exceed $25,000,000 may be used for the Combat-
ant Commander Initiative Fund, to be used in support of Oper-
ation Iraqi Freedom and Operation Enduring Freedom; and
(2) up to $1,220,000,000, to remain available until
expended, may be used for payments to reimburse Pakistan,
Jordan, and other key cooperating nations, for logistical, mili-
tary, and other support provided, or to be provided, to United
States military operations, notwithstanding any other provision
of law: Provided, That such payments may be made in such
amounts as the Secretary of Defense, with the concurrence
of the Secretary of State, and in consultation with the Director
of the Office of Management and Budget, may determine, in
his discretion, based on documentation determined by the Sec-
retary of Defense to adequately account for the support pro-
vided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days fol-
lowing notification to the appropriate congressional committees:
Provided further, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on
the use of funds provided in this paragraph: Provided further,
That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th Con-
gress).
OPERATION AND MAINTENANCE, ARMY RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Army Reserve’’, $26,354,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
OPERATION AND MAINTENANCE, NAVY RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Navy Reserve’’, $75,164,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps Reserve’’, $24,920,000: Provided, That the amount
Reports.
Notification.
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119 STAT. 235
PUBLIC LAW 109–13—MAY 11, 2005
provided under this heading is designated as an emergency require-
ment pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For an additional amount for ‘‘Operation and Maintenance,
Army National Guard’’, $326,850,000: Provided, That the amount
provided under this heading is designated as an emergency require-
ment pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
AFGHANISTAN SECURITY FORCES FUND
(INCLUDING TRANSFER OF FUNDS)
For the ‘‘Afghanistan Security Forces Fund’’, $1,285,000,000,
to remain available until September 30, 2006: Provided, That such
funds shall be available to the Secretary of Defense, notwith-
standing any other provision of law, for the purpose of allowing
the Commander, Combined Forces Command—Afghanistan, or the
Secretary’s designee to provide assistance, with the concurrence
of the Secretary of State, to the security forces of Afghanistan
including the provision of equipment, supplies, services, training,
facility and infrastructure repair, renovation, and construction, and
funding: Provided further, That the authority to provide assistance
under this section is in addition to any other authority to provide
assistance to foreign nations: Provided further, That the Secretary
of Defense may transfer the funds provided herein to appropriations
for military personnel; operation and maintenance; Overseas
Humanitarian, Disaster, and Civic Aid; procurement; research,
development, test and evaluation; and defense working capital funds
to accomplish the purposes provided herein: Provided further, That
this transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
upon a determination that all or part of the funds so transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That of the amounts provided under this heading,
$290,000,000 shall be transferred to ‘‘Operation and Maintenance,
Army’’ to reimburse the Department of the Army for costs incurred
to train, equip and provide related assistance to Afghan security
forces: Provided further, That contributions of funds for the purposes
provided herein from any person, foreign government, or inter-
national organization may be credited to this Fund, and used for
such purposes: Provided further, That the Secretary shall notify
the congressional defense committees in writing upon the receipt
and upon the transfer of any contribution delineating the sources
and amounts of the funds received and the specific use of such
contributions: Provided further, That the Secretary of Defense shall,
not fewer than 5 days prior to making transfers from this appropria-
tion, notify the congressional defense committees in writing of the
details of any such transfer: Provided further, That the Secretary
shall submit a report no later than 30 days after the end of each
fiscal quarter to the congressional defense committees summarizing
the details of the transfer of funds from this appropriation: Provided
further, That the amount provided under this heading is designated
Reports.
Deadline.
Notification.
Notification.
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119 STAT. 236
PUBLIC LAW 109–13—MAY 11, 2005
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
IRAQ SECURITY FORCES FUND
(INCLUDING TRANSFER OF FUNDS)
For the ‘‘Iraq Security Forces Fund’’, $5,700,000,000, to remain
available until September 30, 2006: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding
any other provision of law, for the purpose of allowing the Com-
mander, Multi-National Security Transition Command—Iraq, or the
Secretary’s designee to provide assistance, with the concurrence
of the Secretary of State, to the security forces of Iraq including
the provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and funding:
Provided further, That the authority to provide assistance under
this section is in addition to any other authority to provide assist-
ance to foreign nations: Provided further, That the Secretary of
Defense may transfer the funds provided herein to appropriations
for military personnel; operation and maintenance; Overseas
Humanitarian, Disaster, and Civic Aid; procurement; research,
development, test and evaluation; and defense working capital funds
to accomplish the purposes provided herein: Provided further, That
this transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
upon a determination that all or part of the funds so transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That of the amounts provided under this heading,
$210,000,000 shall be transferred to ‘‘Operation and Maintenance,
Army’’ to reimburse the Department of the Army for costs incurred
to train, equip, and provide related assistance to Iraqi security
forces: Provided further, That contributions of funds for the purposes
provided herein from any person, foreign government, or inter-
national organization may be credited to this Fund, and used for
such purposes: Provided further, That the Secretary shall notify
the congressional defense committees in writing upon the receipt
and upon the transfer of any contribution delineating the sources
and amounts of the funds received and the specific use of such
contributions: Provided further, That, notwithstanding any other
provision of law, from funds made available under this heading,
$99,000,000 shall be used to provide assistance to the Government
of Jordan to establish a regional training center designed to provide
comprehensive training programs for regional military and security
forces and military and civilian officials, to enhance the capability
of such forces and officials to respond to existing and emerging
security threats in the region: Provided further, That assistance
authorized by the preceding proviso may include the provision of
facilities, equipment, supplies, services and training, and the Sec-
retary of Defense may transfer funds to any Federal agency for
the purpose of providing such assistance: Provided further, That
the Secretary of Defense shall, not fewer than 5 days prior to
making transfers from this appropriation, notify the congressional
defense committees in writing of the details of any such transfer:
Provided further, That the Secretary shall submit a report no later
than 30 days after the end of each fiscal quarter to the congressional
defense committees summarizing the details of the transfer of funds
Reports.
Deadline.
Notification.
Notification.
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119 STAT. 237
PUBLIC LAW 109–13—MAY 11, 2005
from this appropriation: Provided further, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For an additional amount for ‘‘Aircraft Procurement, Army’’,
$458,677,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
MISSILE PROCUREMENT, ARMY
For an additional amount for ‘‘Missile Procurement, Army’’,
$310,250,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,
ARMY
For an additional amount for ‘‘Procurement of Weapons and
Tracked Combat Vehicles, Army’’, $2,551,187,000, to remain avail-
able until September 30, 2007: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
PROCUREMENT OF AMMUNITION, ARMY
For an additional amount for ‘‘Procurement of Ammunition,
Army’’, $532,800,000, to remain available until September 30, 2007:
Provided, That the amount provided under this heading is des-
ignated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement, Army’’,
$6,250,505,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement, Navy’’,
$200,295,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
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119 STAT. 238
PUBLIC LAW 109–13—MAY 11, 2005
WEAPONS PROCUREMENT, NAVY
For an additional amount for ‘‘Weapons Procurement, Navy’’,
$66,000,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
For an additional amount for ‘‘Procurement of Ammunition,
Navy and Marine Corps’’, $139,635,000, to remain available until
September 30, 2007: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement, Navy’’,
$78,397,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine Corps’’,
$3,283,042,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement, Air Force’’,
$277,309,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
PROCUREMENT OF AMMUNITION, AIR FORCE
For an additional amount for ‘‘Procurement of Ammunition,
Air Force’’, $6,998,000, to remain available until September 30,
2007: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,
$2,577,560,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
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PUBLIC LAW 109–13—MAY 11, 2005
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,
$645,939,000, to remain available until September 30, 2007: Pro-
vided, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Army’’, $37,170,000, to remain available until Sep-
tember 30, 2006: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Navy’’, $204,051,000, to remain available until
September 30, 2006: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Air Force’’, $142,500,000, to remain available until
September 30, 2006: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Defense-Wide’’, $203,561,000, to remain available
until September 30, 2006: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ‘‘Defense Working Capital Funds’’,
$1,511,300,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
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119 STAT. 240
PUBLIC LAW 109–13—MAY 11, 2005
NATIONAL DEFENSE SEALIFT FUND
For an additional amount for ‘‘National Defense Sealift Fund’’,
$32,400,000, to remain available until expended: Provided, That
the amount provided under this heading is designated as an emer-
gency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
RELATED AGENCIES
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
For an additional amount for ‘‘Intelligence Community Manage-
ment Account’’, $250,300,000, of which $181,000,000 is to remain
available until September 30, 2006: Provided, That the amount
provided under this heading is designated as an emergency require-
ment pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Drug Interdiction and Counter-
Drug Activities, Defense’’, $242,000,000: Provided, That these funds
may be used for such activities related to Afghanistan and the
Central Asia area: Provided further, That the Secretary of Defense
may transfer the funds provided herein only to appropriations for
military personnel; operation and maintenance; and procurement:
Provided further, That the funds transferred shall be merged with
and be available for the same purposes and for the same time
period as the appropriation to which transferred: Provided further,
That the transfer authority provided in this paragraph is in addition
to any other transfer authority available to the Department of
Defense: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not nec-
essary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That not
to exceed $70,000,000 of the funds provided herein may be used
to reimburse fully this account for obligations incurred for the
purposes provided under this heading prior to enactment of this
Act: Provided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
OFFICE OF THE INSPECTOR GENERAL
For an additional amount for ‘‘Office of the Inspector General’’,
$148,000: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
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PUBLIC LAW 109–13—MAY 11, 2005
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Program’’,
$210,550,000 for Operation and maintenance: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
MILITARY CONSTRUCTION
MILITARY CONSTRUCTION, ARMY
For an additional amount for ‘‘Military Construction, Army’’,
$847,191,000, to remain available until September 30, 2006: Pro-
vided, That notwithstanding any other provision of law, such funds
may be obligated or expended to carry out planning and design
and military construction projects not otherwise authorized by law:
Provided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
For an additional amount for ‘‘Military Construction, Navy
and Marine Corps’’, $139,880,000, to remain available until Sep-
tember 30, 2006: Provided, That notwithstanding any other provi-
sion of law, such funds may be obligated or expended to carry
out planning and design and military construction projects not
otherwise authorized by law: Provided further, That the amount
provided under this heading is designated as an emergency require-
ment pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
MILITARY CONSTRUCTION, AIR FORCE
For an additional amount for ‘‘Military Construction, Air Force’’,
$140,983,000, to remain available until September 30, 2006: Pro-
vided, That notwithstanding any other provision of law, such funds
may be obligated or expended to carry out planning and design
and military construction projects not otherwise authorized by law:
Provided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
GENERAL PROVISIONS, THIS TITLE
SPECIAL TRANSFER AUTHORITY
(TRANSFER OF FUNDS)
SEC. 1001. Upon his determination that such action is necessary
in the national interest, the Secretary of Defense may transfer
between appropriations up to $3,000,000,000 of the funds made
available to the Department of Defense in this title, except for
military construction: Provided, That the Secretary shall notify
the Congress promptly of each transfer made pursuant to this
authority: Provided further, That the transfer authority provided
Notification.
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in this section is in addition to any other transfer authority avail-
able to the Department of Defense: Provided further, That the
authority in this section is subject to the same terms and conditions
as the authority provided in section 8005 of the Department of
Defense Appropriations Act, 2005, except for the fourth proviso:
Provided further, That the amount made available by the transfer
of funds in or pursuant to this section is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
GENERAL TRANSFER AUTHORITY
(TRANSFER OF FUNDS)
SEC. 1002. Section 8005 of the Department of Defense Appro-
priations Act, 2005 (Public Law 108–287; 118 Stat. 969), is amended
by striking ‘‘$3,500,000,000’’ and inserting in lieu thereof
‘‘$6,185,000,000’’: Provided, That the amount made available by
the transfer of funds in or pursuant to this section is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
COUNTER-DRUG ACTIVITIES
SEC. 1003. (a) AUTHORITY TO PROVIDE SUPPORT.—Of the
amount appropriated by this Act under the heading ‘‘Drug Interdic-
tion and Counter-Drug Activities, Defense’’, not to exceed
$34,000,000 may be made available for support for counter-drug
activities of the Government of Afghanistan, and not to exceed
$4,000,000 may be made available for support for counter-drug
activities of the Government of Pakistan: Provided, That such sup-
port shall be in addition to support provided for the counter-drug
activities of said Governments under any other provision of the
law.
(b) TYPES OF SUPPORT.—(1) Except as specified in subsections
(b)(2) and (b)(3) of this section, the support that may be provided
under the authority in this section shall be limited to the types
of support specified in section 1033(c)(1) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105–85, as
amended by Public Law 106–398 and Public Law 108–136) and
conditions on the provision of support as contained in section 1033
shall apply for fiscal year 2005.
(2) The Secretary of Defense may transfer vehicles, aircraft,
and detection, interception, monitoring and testing equipment to
said Governments for counter-drug activities.
(3) For the Government of Afghanistan, the Secretary of
Defense may also provide individual and crew-served weapons,
and ammunition for counter-drug security forces.
EXTRAORDINARY AND EMERGENCY EXPENSES
SEC. 1004. The paragraph under the heading ‘‘Operation and
Maintenance, Defense-Wide’’ in title II of the Department of Defense
Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 954),
is amended in the first proviso by striking ‘‘$32,000,000’’ and
inserting ‘‘$40,000,000’’.
Applicability.
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ADVANCE BILLING
SEC. 1005. For fiscal year 2005, the limitation under paragraph
(3) of section 2208(l) of title 10, United States Code, on the total
amount of advance billings rendered or imposed for all working
capital funds of the Department of Defense in a fiscal year shall
be applied by substituting ‘‘$1,500,000,000’’ for ‘‘$1,000,000,000’’.
COMMANDER’S EMERGENCY RESPONSE PROGRAM
SEC. 1006. Section 1201(a) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108–
375; 118 Stat. 2077), as amended by section 102 of title I of division
J of the Consolidated Appropriations Act, 2005 (Public Law 108–
447), is further amended by striking ‘‘$500,000,000’’ in the matter
preceding paragraph (1) and inserting ‘‘$854,000,000’’: Provided,
That from funds available for the Commander’s Emergency
Response Program for fiscal year 2005, not to exceed $10,000,000
may be used to purchase weapons from any person, foreign govern-
ment, international organization or other entity for the purpose
of protecting United States forces overseas, and to dispose of the
weapons purchased: Provided further, That the Secretary of Defense
shall submit to the congressional defense committees quarterly
reports regarding the purchase and disposal of weapons under
this subsection.
CLASSIFIED PROGRAM
SEC. 1007. Section 8090(b) of the Department of Defense Appro-
priations Act, 2005 (Public Law 108–287), is amended by striking
‘‘$185,000,000’’ and inserting ‘‘$210,000,000’’.
LIMITATION ON CIVILIAN COMPENSATION
SEC. 1008. (a) During calendar year 2005 and notwithstanding
section 5547 of title 5, United States Code, the head of an Executive
agency may waive the limitation, up to $200,000, established in
that section for total compensation, including limitations on the
aggregate of basic pay and premium pay payable in a calendar
year, to an employee who performs work while in an overseas
location that is in the area of responsibility of the Commander
of the U.S. Central Command, in support of, or related to—
(1) a military operation, including a contingency operation;
or
(2) an operation in response to a declared emergency.
(b) To the extent that a waiver under subsection (a) results
in payment of additional premium pay of a type that is normally
creditable as basic pay for retirement or any other purpose, such
additional pay shall not be considered to be basic pay for any
purpose, nor shall it be used in computing a lump-sum payment
for accumulated and accrued annual leave under section 5551 of
title 5, United States Code.
(c) The Director of the Office of Personnel Management may
issue regulations to ensure appropriate consistency among heads
of executive agencies in the exercise of authority granted by this
section.
118 Stat. 992.
Reports.
Applicability.
10 USC 2208
note.
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OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
SEC. 1009. Section 1096(b) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (Public Law 108–458), is amended—
(1) by striking ‘‘in the fiscal year after the effective date
of this Act’’ and inserting in lieu thereof ‘‘in the fiscal years
2005 and 2006’’; and
(2) in paragraph (1) by striking ‘‘500 new personnel billets’’
and inserting in lieu thereof ‘‘the total of 500 new personnel
positions’’.
COALITION LIAISON OFFICERS
SEC. 1010. Section 1051a(e) of title 10, United States Code,
is amended by striking ‘‘September 30, 2005’’ and inserting
‘‘December 31, 2005’’.
RESERVE AFFILIATION BONUS
SEC. 1011. Notwithstanding subsection (c) of section 308e of
title 37, United States Code, the maximum amount of the bonus
paid to a member of the Armed Forces pursuant to a reserve
affiliation agreement entered into under such section during fiscal
year 2005 shall not exceed $10,000, and the Secretary of Defense
and the Secretary of Homeland Security, with respect to the Coast
Guard, may prescribe regulations under subsection (f) of such sec-
tion to modify the method by which bonus payments are made
under reserve affiliation agreements entered into during such fiscal
year.
SERVICEMEMBERS’ GROUP LIFE INSURANCE
SEC. 1012. (a) INCREASED MAXIMUM AMOUNT OF SERVICEMBERS’
GROUP LIFE INSURANCE.—Section 1967 of title 38, United States
Code, is amended—
(1) in subsection (a)(3)(A), by striking clause (i) and
inserting the following new clause:
‘‘(i) In the case of a member—
‘‘(I) $400,000 or such lesser amount as the member
may elect as provided in subparagraph (B);
‘‘(II) in the case of a member covered by subsection
(e), the amount provided for or elected by the member
under subclause (I) plus the additional amount of insurance
provided for the member by subsection (e); or
‘‘(III) in the case of a member covered by subsection
(e) who has made an election under paragraph (2)(A) not
to be insured under this subchapter, the amount of insur-
ance provided for the member by subsection (e).’’; and
(2) in subsection (d), by striking ‘‘$250,000’’ and inserting
‘‘$400,000’’.
(b) INCREMENTS OF DECREASED AMOUNTS ELECTABLE BY MEM-
BERS.—Subsection (a)(3)(B) of such section is amended by striking
‘‘member or spouse’’ in the last sentence and inserting ‘‘member,
be evenly divisible by $50,000 and, in the case of a member’s
spouse’’.
(c) ADDITIONAL AMOUNT FOR MEMBERS SERVING IN CERTAIN
AREAS OR OPERATIONS.—
(1) INCREASED AMOUNT.—Section 1967 of such title is fur-
ther amended—
50 USC 401 note.
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(A) by redesignating subsection (e) as subsection (f);
and
(B) by inserting after subsection (d) the following new
subsection (e):
‘‘(e)(1) A member covered by this subsection is any member
as follows:
‘‘(A) Any member who dies as a result of one or more
wounds, injuries, or illnesses incurred while serving in an oper-
ation or area that the Secretary designates, in writing, as
a combat operation or a zone of combat, respectively, for pur-
poses of this subsection.
‘‘(B) Any member who formerly served in an operation
or area so designated and whose death is determined (under
regulations prescribed by the Secretary of Defense) to be the
direct result of injury or illness incurred or aggravated while
so serving.
‘‘(2) The additional amount of insurance under this subchapter
that is provided for a member by this subsection is $150,000,
except that in a case in which the amount provided for or elected
by the member under subsection (a)(3)(A)(i)(I) exceeds $250,000,
the additional amount of insurance under this subchapter that
is provided for the member by this subsection shall be reduced
to such amount as is necessary to comply with the limitation
in paragraph (3).
‘‘(3) The total amount of insurance payable for a member under
this subchapter may not exceed $400,000.
‘‘(4) While a member is serving in an operation or area des-
ignated as described in paragraph (1), the cost of insurance of
the member under this subchapter that is attributable to $150,000
of insurance coverage shall, at the election of the Secretary
concerned—
‘‘(A) be contributed as provided in section 1969(b)(2) of
this title, rather through deduction or withholding from the
member’s pay; or
‘‘(B) if deducted or withheld from the member’s pay, be
reimbursed to the member through such mechanism as the
Secretary concerned determines appropriate.’’.
(2) FUNDING.—Section 1969(b) of such title is amended—
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(B) by adding at the end the following new paragraph:
‘‘(2) For each month for which a member insured under this
subchapter is serving in an operation or area designated as
described by paragraph (1)(A) of section 1967(e) of this title, there
may, at the election of the Secretary concerned under paragraph
(4)(A) of such section, be contributed from the appropriation made
for active duty pay of the uniformed service concerned an amount
determined by the Secretary and certified to the Secretary con-
cerned to be the cost of Servicemembers’ Group Life Insurance
which is traceable to the cost of providing insurance for the member
under section 1967 of this title in the amount of $150,000.’’.
(d) CONFORMING AMENDMENT.—Section 1967(a)(2)(A) of such
title is amended by inserting before the period at the end the
following: ‘‘, except with respect to insurance provided under para-
graph (3)(A)(i)(III)’’.
(e) COORDINATION WITH VGLI.—Section 1977(a) of such title
is amended—
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(1) by striking ‘‘$250,000’’ each place it appears and
inserting ‘‘$400,000’’; and
(2) by adding at the end of paragraph (1) the following
new sentence: ‘‘Any additional amount of insurance provided
a member under section 1967(e) of this title may not be treated
as an amount for which Veterans’ Group Life Insurance shall
be issued under this section.’’.
(f) REQUIREMENTS REGARDING ELECTIONS
OF MEMBERS
TO
REDUCE OR DECLINE INSURANCE.—Section 1967(a) of such title is
further amended—
(1) in paragraph (2), by adding at the end the following
new subparagraph:
‘‘(C) Pursuant to regulations prescribed by the Secretary of
Defense, notice of an election of a member with a spouse not
to be insured under this subchapter, or to be insured under this
subchapter in an amount less than the maximum amount provided
under paragraph (3)(A)(i)(I), shall be provided to the spouse of
the member.’’; and
(2) in paragraph (3)—
(A) in the matter preceding clause (i), by striking ‘‘and
(C)’’ and inserting ‘‘, (C), and (D)’’; and
(B) by adding at the end the following new subpara-
graphs:
‘‘(D) A member with a spouse may not elect not to be insured
under this subchapter, or to be insured under this subchapter
in an amount less than the maximum amount provided under
subparagraph (A)(i)(I), without the written consent of the spouse.
‘‘(E) Whenever a member who is not married elects not to
be insured under this subchapter, or to be insured under this
subchapter in an amount less than the maximum amount provided
for under subparagraph (A)(i)(I), the Secretary concerned shall pro-
vide a notice of such election to any person designated by the
member as a beneficiary or designated as the member’s next-of-
kin for the purpose of emergency notification, as determined under
regulations prescribed by the Secretary of Defense.’’.
(g) 
REQUIREMENT
REGARDING
REDESIGNATION
OF
BENE-
FICIARIES.—Section 1970 of such title is amended by adding at
the end the following new subsection:
‘‘(j) A member with a spouse may not modify the beneficiary
or beneficiaries designated by the member under subsection (a)
without providing written notice of such modification to the
spouse.’’.
(h) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect on the first day of the first month
that begins more than 90 days after the date of the enactment
of this Act.
(i) TERMINATION.—The amendments made by this section shall
terminate on September 30, 2005. Effective on October 1, 2005,
the provisions of sections 1967, 1969, 1970, and 1977 of title 38,
United States Code, as in effect on the day before the date of
the enactment of this Act shall be revived.
DEATH GRATUITY
SEC. 1013. (a) INCREASE IN DEATH GRATUITY.—
(1) AMOUNT.—Section 1478 of title 10, United States Code,
is amended—
Effective date.
38 USC 1967
note.
Notice.
Regulations.
Regulations.
Notice.
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(A) in subsection (a), by inserting ‘‘, except as provided
in subsections (c), (e), and (f)’’ after ‘‘$12,000’’;
(B) by redesignating subsection (c) as subsection (d);
and
(C) by inserting after subsection (b) the following new
subsection (c):
‘‘(c) The death gratuity payable under sections 1475 through
1477 of this title is $100,000 in the case of a death resulting
from wounds, injuries, or illnesses that are—
‘‘(1) incurred as described in section 1413a(e)(2) of this
title; or
‘‘(2) incurred in an operation or area designated as a combat
operation or a combat zone, respectively, by the Secretary of
Defense under section 1967(e)(1)(A) of title 38.’’.
(2) CONFORMING AMENDMENT.—Subsection (a) of such sec-
tion, as amended by paragraph (1), is further amended by
striking ‘‘(as adjusted under subsection (c))’’ and inserting ‘‘(as
adjusted under subsection (d))’’.
(b) RETROACTIVE PAYMENT OF DEATH GRATUITY FOR DEATHS
AFTER
OCTOBER
7, 2001, FROM
COMBAT-RELATED
CAUSES
OR
CAUSES INCURRED IN COMBAT OPERATIONS OR AREAS.—Such section
is further amended by adding at the end the following new sub-
section:
‘‘(e)(1) In the case of a person described in paragraph (2),
a death gratuity shall be payable in accordance with this subsection
for the death of such person that is in addition to the death
gratuity payable in the case of such death under subsection (a).
‘‘(2) This subsection applies in the case of a member of the
armed forces who dies before the date of the enactment of this
subsection as a direct result of one or more wounds, injuries, or
illnesses that—
‘‘(A) were incurred in the theater of operations of Operation
Enduring Freedom or Operation Iraqi Freedom; or
‘‘(B) were incurred as described in section 1413a(e)(2) of
this title on or after October 7, 2001.
‘‘(3) The amount of additional death gratuity payable under
this subsection shall be $238,000, of which—
‘‘(A) $150,000 shall be paid in the manner specified in
paragraph (4); and
‘‘(B) $88,000 shall be paid in the manner specified in para-
graph (5).
‘‘(4) A payment pursuant to paragraph (3)(A) by reason of
a death covered by this subsection shall be paid—
‘‘(A) to a beneficiary in proportion to the share of benefits
applicable to such beneficiary in the payment of life insurance
proceeds paid on the basis of that death under the
Servicemembers Group Life Insurance program under sub-
chapter III of chapter 19 of title 38; or
‘‘(B) in the case of a person who elected not to be insured
under the provisions of that subchapter, in equal shares to
the person or persons who would have received proceeds under
those provisions of law for a member who is insured under
that subchapter but does not designate named beneficiaries.
‘‘(5) A payment pursuant to paragraph (3)(B) by reason of
a death covered by this subsection shall be paid equal shares
to the beneficiaries who were paid the death gratuity that was
paid with respect to that death under this section.’’.
Applicability.
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(c) PAYMENT OF DEATH GRATUITY FOR CERTAIN OTHER DEATHS
FROM COMBAT-RELATED CAUSES OR CAUSES INCURRED IN COMBAT
OPERATIONS OR AREAS.—Such section is further amended by adding
at the end the following new subsection:
‘‘(f)(1) In the case of a person described in paragraph (2),
a death gratuity shall be payable in accordance with this subsection
for the death of such person that is in addition to the death
gratuity payable in the case of such death under subsection (e).
‘‘(2) This subsection applies in the case of a member of the
armed forces who dies during the period beginning on the date
of the enactment of this subsection and ending on the first day
of the first month that begins more than 90 days after such date
of one or more wounds, injuries, or illnesses that—
‘‘(A) are incurred in the theater of operations of Operation
Enduring Freedom or Operation Iraqi Freedom; or
‘‘(B) are incurred as described in section 1413a(e)(2) of
this title.
‘‘(3) The amount of additional death gratuity payable under
this subsection shall be $150,000.
‘‘(4) A payment pursuant to paragraph (3) by reason of a death
covered by this subsection shall be paid—
‘‘(A) to a beneficiary in proportion to the share of benefits
applicable to such beneficiary in the payment of life insurance
proceeds payable on the basis of that death under the
Servicemembers Group Life Insurance program under sub-
chapter III of chapter 19 of title 38; or
‘‘(B) in the case of a person who elected not to be insured
under the provisions of that subchapter, in equal shares to
the person or persons who receive proceeds under those provi-
sions of law for a member who is insured under that subchapter
but does not designate named beneficiaries.’’.
(d) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect on the date of the enactment
of this Act.
(e) TERMINATION.—
(1) IN GENERAL.—This section and the amendment made
by this subsection shall terminate on September 30, 2005.
Effective as of October 1, 2005, the provisions of section 1478
of title 10, United States Code, as in effect on the date before
the date of the enactment of this Act shall be revived.
(2) CONTINUING OBLIGATION TO PAY.—Any amount of addi-
tional death gratuity payable under section 1478 of title 10,
United States Code, by reason of the amendments made by
subsections (b) and (c) of this section that remains payable
as of September 30, 2005, shall, notwithstanding paragraph
(1), remain payable after that date until paid.
INTELLIGENCE ACTIVITIES AUTHORIZATION
SEC. 1014. Funds appropriated in this title, or made available
by the transfer of funds in or pursuant to this title, for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414).
Effective date.
10 USC 1478
note.
Applicability.
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PROHIBITION OF NEW START PROGRAMS
SEC. 1015. (a) None of the funds provided in this title may
be used to finance programs or activities denied by Congress in
fiscal year 2004 and 2005 appropriations to the Department of
Defense or to initiate a procurement or research, development,
test and evaluation new start program without prior written
notification to the congressional defense committees.
(b) Notwithstanding subsection (a) of this section, the Depart-
ment of the Army may use funds made available in this Act under
the heading ‘‘Procurement of Ammunition, Army’’ to procure
ammunition and accessories therefor that have a standard-type
classification, under Army regulations pertaining to the accept-
ability of materiel for use, and that are the same as other ammuni-
tion and accessories therefor that have been procured with funds
made available under such heading in past appropriations Acts
for the Department of Defense, only for 25 mm high explosive rounds
for M2 Bradley Fighting Vehicles, 120 mm multi-purpose anti-tank
and obstacle reduction rounds for M1 Abrams tanks, L410 aircraft
countermeasure flares, 81 mm mortar red phosphorous smoke
rounds, MD73 impulse cartridge for aircraft flares, and 20 mm
high explosive rounds for C–RAM, whose stocks have been depleted
and must be replenished for continuing operations of the Depart-
ment of the Army.
CHEMICAL WEAPONS DEMILITARIZATION
SEC. 1016. (a)(1) Notwithstanding section 917 of Public Law
97–86, as amended, of the funds appropriated or otherwise made
available by the Department of Defense Appropriations Act, 2005
(Public Law 108–287), the Military Construction Appropriations
and Emergency Hurricane Supplemental Appropriations Act, 2005
(Public Law 108–324), and other Acts for the purpose of the destruc-
tion of the United States stockpile of lethal chemical agents and
munitions at Blue Grass Army Depot, Kentucky, and Pueblo Chem-
ical Depot, Colorado, the unobligated balance as of the date of
enactment of this Act, shall remain available for obligation solely
for such purpose and shall be made available not later than 30
days after the date of the enactment of this Act to the Program
Manager for Assembled Chemical Weapons Alternatives for activi-
ties related to such purpose at Blue Grass Army Depot, Kentucky,
and Pueblo Chemical Depot, Colorado.
(2) Of the funds made available under paragraph (a)(1), not
less than $100,000,000 shall be obligated not later than 120 days
after the date of the enactment of this Act.
(b)(1) Notwithstanding section 917 of Public Law 97–86, as
amended, none of the funds appropriated or otherwise made avail-
able by the Department of Defense Appropriations Act, 2005, the
Military Construction Appropriations and Emergency Hurricane
Supplemental Appropriations Act, 2005, and other Acts for the
purpose of the destruction of the United States stockpile of lethal
chemical agents and munitions at Blue Grass Army Depot, Ken-
tucky, and Pueblo Chemical Depot, Colorado, may be deobligated,
transferred, or reprogrammed out of the Assembled Chemical
Weapons Alternatives Program.
(2) The amount appropriated or otherwise made available by
the Department of Defense Appropriations Act, 2005, the Military
Deadline.
Deadline.
Kentucky.
Colorado.
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Construction Appropriations and Emergency Hurricane Supple-
mental Appropriations Act, 2005, and other Acts for the purpose
of the destruction of the United States stockpile of lethal chemical
agents and munitions at Blue Grass Army Depot, Kentucky, and
Pueblo Chemical Depot, Colorado, is $813,440,000.
(c) No funds appropriated or otherwise made available to the
Secretary of Defense under this Act or any other Act may be
obligated or expended to finance directly or indirectly any study
related to the transportation of chemical weapons across State
lines.
PHILADELPHIA REGIONAL PORT AUTHORITY
SEC. 1017. Section 115 of division H of Public Law 108–199
is amended by striking all after ‘‘made available’’ and substituting
‘‘, notwithstanding section 2218(c)(1) of title 10, United States Code,
for a grant to Philadelphia Regional Port Authority, to be used
solely for the purpose of construction, by and for a Philadelphia-
based company established to operate high-speed, advanced-design
vessels for the transport of high-value, time-sensitive cargoes in
the foreign commerce of the United States, of a marine cargo
terminal and IT network for high-speed commercial vessels that
is capable of supporting military sealift requirements.’’: Provided,
That of the funds provided in Public Law 108–287 under the
heading ‘‘Operation and Maintenance, Army’’ for Woody Island and
Historic Structure, $1,000,000 shall be made available in the form
of a grant for these purposes.
LPD–17 COST ADJUSTMENT
(TRANSFER OF FUNDS)
SEC. 1018. Upon enactment of this Act, the Secretary of Defense
shall make the following transfer of funds: Provided, That funds
so transferred shall be merged with and shall be available for
the same purpose and for the same time period as the appropriation
to which transferred: Provided further, That the amounts shall
be transferred between the following appropriations in the amounts
specified:
From:
Under the heading ‘‘Shipbuilding and Conversion,
Navy, 2005/2009’’:
LCU (X), $19,000,000.
To:
Under the heading ‘‘Shipbuilding and Conversion,
Navy, 1996/2008’’:
LPD–17, $19,000,000:
Provided further, That the amount made available by the transfer
of funds in or pursuant to this section is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
PROHIBITION ON COMPETITION OF THE NEXT GENERATION DESTROYER
(DD(X))
SEC. 1019. (a) No funds appropriated or otherwise made avail-
able by this Act, or by prior Acts, may be obligated or expended
to prepare for, conduct, or implement a strategy for the acquisition
118 Stat. 439.
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of the next generation destroyer (DD(X)) program through a winner-
take-all strategy.
(b) WINNER-TAKE-ALL STRATEGY DEFINED.—In this section, the
term ‘‘winner-take-all strategy’’, with respect to the acquisition of
destroyers under the next generation destroyer program, means
the acquisition (including design and construction) of such
destroyers through a single shipyard.
CIVILIAN PAY
SEC. 1020. None of the funds appropriated to the Department
of Defense by this Act or any other Act for fiscal year 2005 or
any other fiscal year may be expended for any pay raise granted
on or after January 1, 2005, that is implemented in a manner
that provides a greater increase for non-career employees than
for career employees on the basis of their status as career or
non-career employees, unless specifically authorized by law: Pro-
vided, That this provision shall be implemented for fiscal year
2005 without regard to the requirements of section 5383 of title
5, United States Code: Provided further, That no employee of the
Department of Defense shall have his or her pay reduced for the
purpose of complying with the requirements of this provision.
INDUSTRIAL MOBILIZATION CAPACITY
SEC. 1021. Of the amounts appropriated or otherwise made
available by the Department of Defense Appropriations Act, 2005,
$12,500,000 shall be available only for industrial mobilization
capacity at Rock Island Arsenal.
BASIC ALLOWANCE FOR HOUSING FOR DEPENDENTS
SEC. 1022. (a) Section 403(l) of title 37, United States Code,
is amended by striking ‘‘180 days’’ each place it appears and
inserting ‘‘365 days’’.
(b) TERMINATION.—The amendment made by this section shall
terminate on September 30, 2005. Effective on October 1, 2005,
the provisions of section 403(l) of title 37, United States Code,
as in effect on the date before the date of the enactment of this
Act shall be revived.
PROHIBITION ON CHARGES FOR MEALS
SEC. 1023. (a) PROHIBITION.—A member of the Armed Forces
entitled to a basic allowance for subsistence under section 402
of title 37, United States Code, who is undergoing medical recuper-
ation or therapy, or is otherwise in the status of continuous care,
including outpatient care, at a military treatment facility for an
injury, illness, or disease incurred or aggravated while on active
duty in the Armed Forces in Operation Iraqi Freedom or Operation
Enduring Freedom shall not, during any month in which so entitled,
be required to pay any charge for meals provided such member
by the military treatment facility.
(b) EFFECTIVE DATE.—The limitation in paragraph (a) shall
take effect upon enactment of this Act, and shall apply with respect
to meals provided members of the Armed Forces as described in
that paragraph on or after that date.
(c) TERMINATION.—The amendment made by this section shall
terminate on September 30, 2005. Effective on October 1, 2005,
Effective date.
Effective date.
37 USC 403 note.
5 USC 9902 note.
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the provisions of section 402 of title 37, United States Code, as
in effect on the date before the date of the enactment of this
Act shall be revived.
REQUESTS FOR FUTURE FUNDING FOR MILITARY OPERATIONS IN
AFGHANISTAN AND IRAQ
SEC. 1024. (a) FINDINGS.—The Senate makes the following
findings:
(1) The Department of Defense Appropriations Act, 2004
(Public Law 108–87) and the Department of Defense Appropria-
tions Act, 2005 (Public Law 108–287) each contain a sense
of the Senate provision urging the President to provide in
the annual budget requests of the President for a fiscal year
under section 1105(a) of title 31, United States Code, an esti-
mate of the cost of ongoing military operations in Iraq and
Afghanistan in such fiscal year.
(2) The budget for fiscal year 2006 submitted to Congress
by the President on February 7, 2005, requests no funds for
fiscal year 2006 for ongoing military operations in Iraq or
Afghanistan.
(3) According to the Congressional Research Service, there
exists historical precedent for including the cost of ongoing
military operations in the annual budget requests of the Presi-
dent following initial funding for such operations by emergency
or supplemental appropriations Acts, including—
(A) funds for Operation Noble Eagle, beginning in the
budget request of President George W. Bush for fiscal
year 2005;
(B) funds for operations in Kosovo, beginning in the
budget request of President George W. Bush for fiscal
year 2001;
(C) funds for operations in Bosnia, beginning in budget
request of President Clinton for fiscal year 1997;
(D) funds for operations in Southwest Asia, beginning
in the budget request of President Clinton for fiscal year
1997;
(E) funds for operations in Vietnam, beginning in the
budget request of President Johnson for fiscal year 1966;
and
(F) funds for World War II, beginning in the budget
request of President Roosevelt for fiscal year 1943.
(4) The Senate has included in its version of the fiscal
year 2006 budget resolution, which was adopted by the Senate
on March 17, 2005, a reserve fund of $50,000,000,000 for over-
seas contingency operations, but the determination of that
amount could not take into account any Administration esti-
mate on the projected cost of such operations in fiscal year
2006.
(5) In February 2005, the Congressional Budget Office esti-
mated that fiscal year 2006 costs for ongoing military operations
in Iraq and Afghanistan could total $65,000,000,000.
(b) SENSE OF SENATE.—It is the sense of the Senate that—
(1) any request for funds for a fiscal year after fiscal year
2006 for an ongoing military operation overseas, including oper-
ations in Afghanistan and Iraq, should be included in the
annual budget of the President for such fiscal year as submitted
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to Congress under section 1105(a) of title 31, United States
Code;
(2) the President should submit to Congress, not later
than September 1, 2005, an amendment to the budget of the
President for fiscal year 2006 that was submitted to Congress
under section 1105(a) of title 31, United States Code, setting
forth detailed cost estimates for ongoing military operations
overseas during such fiscal year; and
(3) any funds provided for a fiscal year for ongoing military
operations overseas should be provided in appropriations Acts
for such fiscal year through appropriations to specific accounts
set forth in such appropriations Acts.
(c) ADDITIONAL REQUIREMENTS
FOR CERTAIN REPORTS.—(1)
Each semiannual report to Congress required under a provision
of law referred to in paragraph (2) shall include, in addition to
the matters specified in the applicable provision of law, the fol-
lowing:
(A) A statement of the cumulative total of all amounts
obligated, and of all amounts expended, as of the date of such
report for Operation Enduring Freedom.
(B) A statement of the cumulative total of all amounts
obligated, and of all amounts expended, as of the date of such
report for Operation Iraqi Freedom.
(C) An estimate of the reasonably foreseeable costs for
ongoing military operations to be incurred during the 12-month
period beginning on the date of such report.
(2) The provisions of law referred to in this paragraph are
as follows:
(A) Section 1120 of the Emergency Supplemental Appro-
priations Act for Defense and for the Reconstruction of Iraq
and Afghanistan, 2004 (Public Law 108–106; 117 Stat. 1219;
10 U.S.C. 113 note).
(B) Section 9010 of the Department of Defense Appropria-
tions Act, 2005 (Public Law 108–287; 118 Stat. 1008; 10 U.S.C.
113 note).
AIRCRAFT CARRIERS OF THE NAVY
SEC. 1025. (a) FUNDING
FOR REPAIR
AND MAINTENANCE
OF
U.S.S. JOHN F. KENNEDY.—Of the amount appropriated to the
Department of the Navy in this Act, necessary funding will be
made available for such repair and maintenance of the U.S.S.
John F. Kennedy as the Navy considers appropriate to extend
the life of U.S.S. John F. Kennedy.
(b) LIMITATION ON REDUCTION IN NUMBER OF ACTIVE AIRCRAFT
CARRIERS.—No funds appropriated or otherwise made available in
this Act may be obligated or expended to reduce the number of
active aircraft carriers of the Navy below 12 active aircraft carriers
until after the date of the submittal to Congress of the quadrennial
defense review required in 2005 under section 118 of title 10,
United States Code.
(c) ACTIVE AIRCRAFT CARRIERS.—For purposes of this section,
an active aircraft carrier of the Navy includes an aircraft carrier
that is temporarily unavailable for worldwide deployment due to
routing or scheduled maintenance.
(d) PACIFIC FLEET AUTHORITIES.—None of the funds available
to the Department of the Navy may be obligated to modify command
10 USC 113 note.
President.
Deadline.
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and control relationships to give Fleet Forces Command administra-
tive and operational control of U.S. Navy forces assigned to the
Pacific fleet: Provided, That the command and control relationships
which existed on October 1, 2004, shall remain in force unless
changes are specifically authorized in a subsequent Act.
TRAVEL FOR FAMILY OF HOSPITALIZED SERVICEMEMBERS
SEC. 1026. (a) AUTHORITY.—Subsection (a) of section 411h of
title 37, United States Code, is amended—
(1) in paragraph (2)—
(A) by inserting ‘‘and’’ at the end of subparagraph
(A); and
(B) by striking subparagraphs (B) and (C) and inserting
the following new subparagraph:
‘‘(B) either—
‘‘(i) is seriously ill, seriously injured, or in a situation
of imminent death (whether or not electrical brain activity
still exists or brain death is declared), and is hospitalized
in a medical facility in or outside the United States; or
‘‘(ii) is not described in clause (i), but has an injury
incurred in an operation or area designated as a combat
operation or combat zone, respectively, by the Secretary
of Defense under section 1967(e)(1)(A) of title 38 and is
hospitalized in a medical facility in the United States for
treatment of that injury.’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) Not more than one roundtrip may be provided to a family
member under paragraph (1) on the basis of clause (ii) of paragraph
(2)(B).’’.
(b) CONFORMING AMENDMENTS.—
(1) HEADING FOR AMENDED SECTION.—The heading for sec-
tion 411h of such title is amended to read as follows:
‘‘§ 411h. Travel and transportation allowances: transpor-
tation of family members incident to illness or
injury of members’’.
(2) CLERICAL AMENDMENT.—The item relating to such sec-
tion in the table of sections at the beginning of chapter 7
of such title is amended to read as follows:
‘‘411h. Travel and transportation allowances: transportation of family members inci-
dent to illness or injury of members.’’.
(c) FUNDING.—Funds for the provision of travel in fiscal year
2005 under section 411h of title 37, United States Code, by reason
of the amendments made by this section shall be derived as follows:
(1) In the case of travel provided by the Department of
the Army, from amounts appropriated for fiscal year 2005 by
this Act and the Department of Defense Appropriations Act,
2005 (Public Law 108–287) for the Operation and Maintenance,
Army account.
(2) In the case of travel provided by the Department of
the Navy, from amounts appropriated for fiscal year 2005 by
the Acts referred to in paragraph (1) for the Operation and
Maintenance, Navy account.
(3) In the case of travel provided by the Department of
the Air Force, from amounts appropriated for fiscal year 2005
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by the Acts referred to in paragraph (1) for the Operation
and Maintenance, Air Force account.
(d) REPORT ON TRAVEL IN EXCESS OF CERTAIN LIMIT.—If in
any fiscal year the amount of travel provided in such fiscal year
under section 411h of title 37, United States Code, by reason
of the amendments made by this section exceeds $20,000,000, the
Secretary of Defense shall submit to the congressional defense
committees a report on that fact, including the total amount of
travel provided in such fiscal year under such section 411h by
reason of the amendments made by this section.
(e) TERMINATION.—The amendment made by this section shall
terminate on September 30, 2005. Effective on October 1, 2005,
the provisions of section 411h of title 37, United States Code,
as in effect on the date before the date of the enactment of this
Act shall be revived.
PROHIBITION ON TERMINATION OF MULTIYEAR PROCUREMENT
CONTRACT FOR C/KC–130J AIRCRAFT
SEC. 1027. No funds in this Act may be obligated or expended
to terminate the joint service multiyear procurement contract for
C/KC–130J aircraft that is in effect on the date of the enactment
of this Act.
PURPLE HEART COMMENDATIONS
SEC. 1028. None of the funds in this Act or prior Acts may
be used to revoke Purple Heart commendations awarded to mem-
bers of the Armed Forces who have served in Operation Iraqi
Freedom or Operation Enduring Freedom: Provided, That the Sec-
retary of any military department may, on a case-by-case basis,
waive this provision fifteen days after notifying the congressional
defense committees of their intent to revoke an individual’s Purple
Heart commendation.
VIRTUAL TRAINING COCKPIT OPTIMIZATION PROGRAM
(TRANSFER OF FUNDS)
SEC. 1029. Upon enactment of this Act, the Secretary of Defense
shall make the following transfer of funds: Provided, That funds
so transferred shall be merged with and shall be available for
the same purpose and for the same time period as the appropriation
to which transferred: Provided further, That the authority provided
in this section is in addition to any other transfer authority avail-
able to the Department of Defense: Provided further, That the
amounts shall be transferred between the following appropriations
in the amounts specified:
From:
Under the heading ‘‘Aircraft Procurement, Army, 2004/
2006’’, $2,000,000.
To:
Under the heading ‘‘Research, Development, Test and
Evaluation, Army, 2004/2005’’, $2,000,000:
Provided further, That these funds may only be used for the Virtual
Training Cockpit Optimization Program: Provided further, That
the amount made available by the transfer of funds in or pursuant
to this section is designated as an emergency requirement pursuant
37 USC 411h
note.
Effective date.
37 USC 411h
note.
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PUBLIC LAW 109–13—MAY 11, 2005
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
TRANSFER OF FUNDS FOR FORCE PROTECTION PROGRAMS
(TRANSFER OF FUNDS)
SEC. 1030. Notwithstanding any other provision of law, upon
enactment of this Act, the Secretary of Defense shall make the
following transfers of funds previously made available in the
Department of Defense Appropriations Act, 2005 (Public Law 108–
287): Provided, That the amounts transferred shall be made avail-
able for the same purpose and the same time period as the appro-
priation to which transferred: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
the amounts shall be transferred between the following appropria-
tions, in the amounts specified:
To:
Under the heading ‘‘Research, Development, Test and
Evaluation, Air Force, 2005/2006’’, $500,000.
From:
Under the heading ‘‘Other Procurement, Air Force’’,
$500,000.
To:
Under the heading ‘‘Other Procurement, Air Force,
2005/2007’’, $8,200,000.
From:
Under the heading ‘‘Other Procurement, Navy, 2005/
2007’’, $8,200,000:
Provided further, That the amounts made available by the transfer
of funds in or pursuant to this section are designated as an emer-
gency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
PROHIBITION ON TORTURE AND CRUEL, INHUMAN, OR DEGRADING
TREATMENT
SEC. 1031. (a)(1) None of the funds appropriated or otherwise
made available by this Act shall be obligated or expended to subject
any person in the custody or under the physical control of the
United States to torture or cruel, inhuman, or degrading treatment
or punishment that is prohibited by the Constitution, laws, or
treaties of the United States.
(2) Nothing in this section shall affect the status of any person
under the Geneva Conventions or whether any person is entitled
to the protections of the Geneva Conventions.
(b) As used in this section—
(1) the term ‘‘torture’’ has the meaning given that term
in section 2340(1) of title 18, United States Code; and
(2) the term ‘‘cruel, inhuman, or degrading treatment or
punishment’’ means the cruel, unusual, and inhumane treat-
ment or punishment prohibited by the fifth amendment, eighth
amendment, or fourteenth amendment to the Constitution of
the United States.
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PUBLIC LAW 109–13—MAY 11, 2005
TRAUMATIC INJURY PROTECTION
SEC. 1032. TRAUMATIC INJURY PROTECTION. (a) IN GENERAL.—
Subchapter III of chapter 19, Title 38, United States Code, is
amended—
(1) in section 1965, by adding at the end the following:
‘‘(11) The term ‘activities of daily living’ means the inability
to independently perform 2 of the 6 following functions:
‘‘(A) Bathing.
‘‘(B) Continence.
‘‘(C) Dressing.
‘‘(D) Eating.
‘‘(E) Toileting.
‘‘(F) Transferring.’’; and
(2) by adding at the end the following:
‘‘§ 1980A. Traumatic injury protection
‘‘(a) A member who is insured under subparagraph (A)(i), (B),
or (C)(i) of section 1967(a)(1) shall automatically be issued a trau-
matic injury protection rider that will provide for a payment not
to exceed $100,000 if the member, while so insured, sustains a
traumatic injury that results in a loss described in subsection
(b)(1). The maximum amount payable for all injuries resulting
from the same traumatic event shall be limited to $100,000. If
a member suffers more than 1 such loss as a result of traumatic
injury, payment will be made in accordance with the schedule
in subsection (d) for the single loss providing the highest payment.
‘‘(b)(1) A member who is issued a traumatic injury protection
rider under subsection (a) is insured against such traumatic
injuries, as prescribed by the Secretary, in collaboration with the
Secretary of Defense, including, but not limited to—
‘‘(A) total and permanent loss of sight;
‘‘(B) loss of a hand or foot by severance at or above the
wrist or ankle;
‘‘(C) total and permanent loss of speech;
‘‘(D) total and permanent loss of hearing in both ears;
‘‘(E) loss of thumb and index finger of the same hand
by severance at or above the metacarpophalangeal joints;
‘‘(F) quadriplegia, paraplegia, or hemiplegia;
‘‘(G) burns greater than second degree, covering 30 percent
of the body or 30 percent of the face; and
‘‘(H) coma or the inability to carry out the activities of
daily living resulting from traumatic injury to the brain.
‘‘(2) For purposes of this subsection—
‘‘(A) the term ‘quadriplegia’ means the complete and
irreversible paralysis of all 4 limbs;
‘‘(B) the term ‘paraplegia’ means the complete and irrevers-
ible paralysis of both lower limbs; and
‘‘(C) the term ‘hemiplegia’ means the complete and irrevers-
ible paralysis of the upper and lower limbs on 1 side of the
body.
‘‘(3) The Secretary, in collaboration with the Secretary of
Defense, shall prescribe, by regulation, the conditions under which
coverage against loss will not be provided.
‘‘(c) A payment under this section may be made only if—
‘‘(1) the member is insured under Servicemembers’ Group
Life Insurance when the traumatic injury is sustained;
Regulations.
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‘‘(2) the loss results directly from that traumatic injury
and from no other cause; and
‘‘(3) the member suffers the loss before the end of the
period prescribed by the Secretary, in collaboration with the
Secretary of Defense, which begins on the date on which the
member sustains the traumatic injury, except, if the loss is
quadriplegia, paraplegia, or hemiplegia, the member suffers
the loss not later than 365 days after sustaining the traumatic
injury.
‘‘(d) Payments under this section for losses described in sub-
section (b)(1) shall be—
‘‘(1) made in accordance with a schedule prescribed by
the Secretary, in collaboration with the Secretary of Defense;
‘‘(2) based on the severity of the covered condition; and
‘‘(3) in an amount that is equal to not less than $25,000
and not more than $100,000.
‘‘(e)(1) During any period in which a member is insured under
this section and the member is on active duty, there shall be
deducted each month from the member’s basic or other pay until
separation or release from active duty an amount determined by
the Secretary of Veterans Affairs as the premium allocable to the
pay period for providing traumatic injury protection under this
section (which shall be the same for all such members) as the
share of the cost attributable to provided coverage under this sec-
tion, less any costs traceable to the extra hazards of such duty
in the uniformed services.
‘‘(2) During any month in which a member is assigned to
the Ready Reserve of a uniformed service under conditions which
meet the qualifications set forth in section 1965(5)(B) of this title
and is insured under a policy of insurance purchased by the Sec-
retary of Veterans Affairs under section 1966 of this title, there
shall be contributed from the appropriation made for active duty
pay of the uniformed service concerned an amount determined
by the Secretary of Veterans Affairs (which shall be the same
for all such members) as the share of the cost attributable to
provided coverage under this section, less any costs traceable to
the extra hazards of such duty in the uniformed services. Any
amounts so contributed on behalf of any member shall be collected
by the Secretary of the concerned service from such member (by
deduction from pay or otherwise) and shall be credited to the
appropriation from which such contribution was made in advance
on a monthly basis.
‘‘(3) The Secretary of Veterans Affairs shall determine the pre-
mium amounts to be charged for traumatic injury protection cov-
erage provided under this section.
‘‘(4) The premium amounts shall be determined on the basis
of sound actuarial principles and shall include an amount necessary
to cover the administrative costs to the insurer or insurers providing
such insurance.
‘‘(5) Each premium rate for the first policy year shall be contin-
ued for subsequent policy years, except that the rate may be
adjusted for any such subsequent policy year on the basis of the
experience under the policy, as determined by the Secretary of
Veterans Affairs in advance of that policy year.
‘‘(6) The cost attributable to insuring such member under this
section, less the premiums deducted from the pay of the member’s
uniformed service, shall be paid by the Secretary of Defense to
Deadline.
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the Secretary of Veterans Affairs. This amount shall be paid on
a monthly basis, and shall be due within 10 days of the notice
provided by the Secretary of Veterans Affairs to the Secretary
of the concerned uniformed service.
‘‘(7) The Secretary of Defense shall provide the amount of
appropriations required to pay expected claims in a policy year,
as determined according to sound actuarial principles by the Sec-
retary of Veterans Affairs.
‘‘(8) The Secretary of Defense shall forward an amount to
the Secretary of Veterans Affairs that is equivalent to half the
anticipated cost of claims for the current fiscal year, upon the
effective date of this legislation.
‘‘(f) The Secretary of Defense shall certify whether any member
claiming the benefit under this section is eligible.
‘‘(g) Payment for a loss resulting from traumatic injury will
not be made if the member dies before the end of the period
prescribed by the Secretary, in collaboration with the Secretary
of Defense, which begins on the date on which the member sustains
the injury. If the member dies before payment to the member
can be made, the payment will be made according to the member’s
most current beneficiary designation under Servicemembers’ Group
Life Insurance, or a by law designation, if applicable.
‘‘(h) Coverage for loss resulting from traumatic injury provided
under this section shall cease at midnight on the date of the
member’s separation from the uniformed service. Payment will not
be made for any loss resulting from injury incurred after the date
a member is separated from the uniformed services.
‘‘(i) Insurance coverage provided under this section is not
convertible to Veterans’ Group Life Insurance.’’.
(b) CLERICAL AMENDMENT.—The table of sections for chapter
19 of title 38, United States Code, is amended by adding after
the item relating to section 1980 the following:
‘‘1980A. Traumatic injury protection.’’.
(c) RETROACTIVE PROVISION.—
(1) IN GENERAL.—Any member who experienced a traumatic
injury (as described in section 1980A(b)(1) of title 38, United
States Code) between October 7, 2001, and the effective date
under subsection (d), is eligible for coverage provided in such
section 1980A if the qualifying loss was a direct result of
injuries incurred in Operation Enduring Freedom or Operation
Iraqi Freedom.
(2) CERTIFICATION; PAYMENT.—The Secretary of Defense
shall—
(A) certify to the Office of Servicemembers’ Group Life
Insurance the names and addresses of those members the
Secretary of Defense determines to be eligible for retro-
active traumatic injury benefits under such section 1980A;
and
(B) forward to the Secretary of Veterans Affairs, at
the time the certification is made under subparagraph (A),
an amount of money equal to the amount the Secretary
of Defense determines to be necessary to pay all cost related
to claims for retroactive benefits under such section 1980A.
(d) EFFECTIVE DATE.—
38 USC 1980A
note.
38 USC 1980A
note.
Certification.
Effective date.
Notice.
Deadline.
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(1) IN GENERAL.—The amendments made by this section
shall take effect on the first day of the first month beginning
more than 180 days after the date of enactment of this Act.
(2) RULEMAKING.—Before the effective date described in
paragraph (1), the Secretary of Veterans Affairs, in collabora-
tion with the Secretary of Defense, shall issue regulations to
carry out the amendments made by this section.
AMOUNTS FROM PRIOR YEAR IRAQ FREEDOM FUND APPROPRIATION
(RESCISSION OF FUNDS)
SEC. 1033. Of the funds appropriated in title IX of Public
Law 108–287 for ‘‘Iraq Freedom Fund’’ (118 Stat. 1005) that remain
available for obligation, $50,000,000 is hereby rescinded.
TECHNICAL CORRECTION
SEC. 1034. Of the funds available in the Department of Defense
Appropriations Act, 2005 (Public Law 108–287), under the heading
‘‘Defense Health Program’’, $1,000,000 shall be available to the
Paralyzed Veterans of America (PVA) Outdoor Sports Heritage
Fund.
DEFENSE TRANSFER AUTHORITY
SEC. 1035. In addition to amounts appropriated elsewhere in
this Act, there is hereby appropriated $50,000,000 for ‘‘Research,
Development, Test and Evaluation, Defense-Wide’’, to remain avail-
able until September 30, 2006: Provided, That these funds are
available for transfer to any other appropriations accounts of the
Department of Defense, for certain classified activities, and notwith-
standing any other provision of law and of this Act, such funds
may be obligated to carry out projects not otherwise authorized
by law: Provided further, That any funds transferred shall be
merged with and shall be available for the same purposes and
for the same time period as the appropriation to which transferred:
Provided further, That the transfer authority provided in this sec-
tion is in addition to any other transfer authority available to
the Department of Defense: Provided further, That the amount
provided in this section is designated an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
RE-USE AND REDEVELOPMENT OF CLOSED OR REALIGNED MILITARY
INSTALLATIONS
SEC. 1036. (a) In order to assist communities with preparations
for the results of the 2005 round of defense base closure and
realignment, and consistent with assistance provided to commu-
nities by the Department of Defense in previous rounds of base
closure and realignment, the Secretary of Defense shall, not later
than July 15, 2005, submit to the congressional defense committees
a report on the processes and policies of the Federal Government
for disposal of property at military installations proposed to be
closed or realigned as part of the 2005 round of base closure
and realignment, and the assistance available to affected local
communities for re-use and redevelopment decisions.
(b) The report under subsection (a) shall include—
Deadline.
Reports.
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(1) a description of the processes of the Federal Government
for disposal of property at military installations proposed to
be closed or realigned;
(2) a description of Federal Government policies for pro-
viding re-use and redevelopment assistance;
(3) a catalogue of community assistance programs that
are provided by the Federal Government related to the re-
use and redevelopment of closed or realigned military installa-
tions;
(4) a description of the services, policies, and resources
of the Department of Defense that are available to assist
communities affected by the closing or realignment of military
installations as a result of the 2005 round of base closure
and realignment;
(5) guidance to local communities on the establishment
of local redevelopment authorities and the implementation of
a base redevelopment plan; and
(6) a description of the policies and responsibilities of the
Department of Defense related to environmental clean-up and
restoration of property disposed by the Federal Government.
CAMP JOSEPH T. ROBINSON
SEC. 1037. The United States releases to the State of Arkansas
the reversionary interest described in sections 2 and 3 of the Act
entitled ‘‘An Act authorizing the transfer of part of Camp Joseph
T. Robinson to the State of Arkansas’’, approved June 30, 1950
(64 Stat. 311, chapter 429), in and to the surface estate of the
land constituting Camp Joseph T. Robinson, Arkansas, which lies
east of the Batesville Pike county road, in sections 24, 25, and
36, township 3 north, range 12 west, Pulaski County, Arkansas.
TITLE II—INTERNATIONAL PROGRAMS AND ASSISTANCE
FOR RECONSTRUCTION AND THE WAR ON TERROR
CHAPTER 1
DEPARTMENT OF AGRICULTURE
FOREIGN AGRICULTURAL SERVICE
PUBLIC LAW 480 TITLE II GRANTS
For additional expenses during the current fiscal year, not
otherwise recoverable, and unrecovered prior years’ costs, including
interest thereon, under the Agricultural Trade Development and
Assistance Act of 1954, for commodities supplied in connection
with dispositions abroad under title II of said Act, $240,000,000
to remain available until expended: Provided, That from this
amount, to the maximum extent possible, funding shall be restored
to the previously approved fiscal year 2005 programs under section
204(a)(2) of the Agricultural Trade Development and Assistance
Act of 1954: Provided further, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
Arkansas.
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PUBLIC LAW 109–13—MAY 11, 2005
CHAPTER 2
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for ‘‘Diplomatic and Consular Pro-
grams’’, $734,000,000, to remain available until September 30, 2006,
of which $10,000,000 is provided for security requirements in the
detection of explosives: Provided, That of the funds appropriated
under this heading, not less than $250,000 shall be made available
for programs to assist Iraqi and Afghan scholars who are in physical
danger to travel to the United States to engage in research or
other scholarly activities at American institutions of higher edu-
cation: Provided further, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For an additional amount for ‘‘Embassy Security, Construction,
and Maintenance’’, $592,000,000, to remain available until
expended: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
INTERNATIONAL ORGANIZATIONS
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Contributions for International
Peacekeeping Activities’’, $680,000,000, to remain available until
September 30, 2006: Provided, That of the funds appropriated under
this heading, up to $50,000,000 may be transferred to ‘‘Peacekeeping
Operations’’ for support of the efforts of the African Union to halt
genocide and other atrocities in Darfur, Sudan: Provided further,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ‘‘International Broadcasting Oper-
ations’’ for activities related to broadcasting to the broader Middle
East, $4,800,000, to remain available until September 30, 2006:
Provided, That the amount provided under this heading is des-
ignated as an emergency requirement pursuant to section 402 of
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the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
BROADCASTING CAPITAL IMPROVEMENTS
For an additional amount for ‘‘Broadcasting Capital Improve-
ments’’, $2,500,000, to remain available until September 30, 2006:
Provided, That the amount provided under this heading is des-
ignated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
For an additional amount for ‘‘International Disaster and
Famine Assistance’’, $90,000,000, to remain available until
expended, for emergency expenses related to the humanitarian crisis
in the Darfur region of Sudan and other African countries: Provided,
That these funds may be used to reimburse fully accounts adminis-
tered by the United States Agency for International Development
for obligations incurred for the purposes provided under this
heading prior to enactment of this Act from funds appropriated
for foreign operations, export financing, and related programs: Pro-
vided further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT
For an additional amount for ‘‘Operating Expenses of the United
States Agency for International Development’’, $24,400,000, to
remain available until September 30, 2006: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL
For an additional amount for ‘‘Operating Expenses of the United
States Agency for International Development Office of Inspector
General’’, $2,500,000, to remain available until September 30, 2006:
Provided, That the amount provided under this heading is des-
ignated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
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PUBLIC LAW 109–13—MAY 11, 2005
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Economic Support Fund’’,
$1,433,600,000, to remain available until September 30, 2006: Pro-
vided, That of the funds appropriated under this heading,
$200,000,000 should be made available for programs, activities,
and efforts to support Palestinians, of which $50,000,000 should
be made available for assistance for Israel to help ease the move-
ment of Palestinian people and goods in and out of Israel: Provided
further, That of the funds appropriated under this heading,
$5,000,000 should be made available for assistance for displaced
persons in Afghanistan: Provided further, That of the funds appro-
priated under this heading, $2,500,000 should be made available
for assistance for families and communities of Afghan civilians
who have suffered losses as a result of the military operations:
Provided further, That of the funds appropriated under this heading,
$20,000,000 should be made available for assistance for Haiti, of
which $2,500,000 should be made available for criminal case
management, case tracking, and the reduction of pre-trial detention
in Haiti, notwithstanding any other provision of law: Provided
further, That of the funds appropriated under this heading,
$5,000,000 should be made available for programs and activities
to promote democracy, including political party development, in
Lebanon: Provided further, That of the funds appropriated under
this heading, up to $10,000,000 may be transferred to the Overseas
Private Investment Corporation for the cost of direct and guaran-
teed loans as authorized by section 234 of the Foreign Assistance
Act of 1961: Provided further, That such costs, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of the con-
ference report to accompany S. Con. Res. 95 (108th Congress).
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET
UNION
For an additional amount for ‘‘Assistance for the Independent
States of the Former Soviet Union’’, $70,000,000, to remain avail-
able until September 30, 2006: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For an additional amount for ‘‘International Narcotics Control
and Law Enforcement’’, $620,000,000, to remain available until
September 30, 2007: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
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PUBLIC LAW 109–13—MAY 11, 2005
MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ‘‘Migration and Refugee Assist-
ance’’, $120,400,000, to remain available until September 30, 2006:
Provided, That of the funds appropriated under this heading, not
less than $67,000,000 shall be made available for assistance for
refugees in Africa and to fulfill refugee protection goals set by
the President for fiscal year 2005: Provided further, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS
For an additional amount for ‘‘Nonproliferation, Anti-Terrorism,
Demining and Related Programs’’, $24,600,000, to remain available
until September 30, 2006, of which not to exceed $7,500,000, to
remain available until expended, may be made available for the
Nonproliferation and Disarmament Fund, notwithstanding any
other provision of law, to promote bilateral and multilateral activi-
ties relating to nonproliferation and disarmament: Provided, That
the amount provided under this heading is designated as an emer-
gency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for ‘‘Foreign Military Financing Pro-
gram’’, $250,000,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
PEACEKEEPING OPERATIONS
For an additional amount for ‘‘Peacekeeping Operations’’,
$240,000,000, to remain available until September 30, 2006, of
which up to $200,000,000 is for military and other security assist-
ance to coalition partners in Iraq and Afghanistan: Provided, That
up to $30,000,000 may be used only pursuant to a determination
by the President, and after consultation with the Committees on
Appropriations, that such use will support the global war on ter-
rorism: Provided further, That these funds may be transferred
by the Secretary of State to other Federal agencies or accounts
to support the global war on terrorism: Provided further, That
funds appropriated under this heading shall be subject to the reg-
ular notification procedures of the Committees on Appropriations,
except that such notifications shall be submitted no less than five
days prior to the obligation of funds: Provided further, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
Notification.
Deadline.
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GENERAL PROVISIONS, THIS CHAPTER
VOLUNTARY CONTRIBUTION
SEC. 2101. Section 307(a) of the Foreign Assistance Act of
1961, as amended (22 U.S.C. 2227), is further amended by striking
‘‘Iraq,’’.
(RESCISSION OF FUNDS)
SEC. 2102. The unexpended balance appropriated by Public
Law 108–11 under the heading ‘‘Economic Support Fund’’ and made
available for Turkey is rescinded.
AUDIT REQUIREMENT
SEC. 2103. Section 559 of division D of Public Law 108–447
is amended by adding at the end the following:
‘‘(e) Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an
audit and an investigation of the treatment, handling, and uses
of all funds for the bilateral West Bank and Gaza Program in
fiscal year 2005 under the heading ‘Economic Support Fund’. The
audit shall address—
‘‘(1) the extent to which such Program complies with the
requirements of subsections (b) and (c), and
‘‘(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations
and expenditures.’’.
REPORTING REQUIREMENT
SEC. 2104. The Secretary of State shall submit to the Commit-
tees on Appropriations not later than 30 days after enactment,
and prior to the initial obligation of funds appropriated under
this chapter, a report on the proposed uses of all funds on a
project-by-project basis, for which the obligation of funds is antici-
pated: Provided, That up to 15 percent of funds appropriated under
this chapter may be obligated before the submission of the report
subject to the normal notification procedures of the Committees
on Appropriations: Provided further, That the report shall be
updated and submitted to the Committees on Appropriations every
six months and shall include information detailing how the esti-
mates and assumptions contained in previous reports have changed:
Provided further, That any new projects and increases in funding
of ongoing projects shall be subject to the prior approval of the
Committees on Appropriations: Provided further, That the Secretary
of State shall submit to the Committees on Appropriations, not
later than 210 days following enactment of this Act and annually
thereafter, a report detailing on a project-by-project basis the
expenditure of funds appropriated under this chapter until all funds
have been fully expended.
AUDIT REQUIREMENT
SEC. 2105. The Comptroller General of the United States shall
conduct an audit of the use of all funds for the bilateral Afghanistan
counternarcotics and alternative livelihood programs in fiscal year
118 Stat. 3019.
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2005 under the heading ‘‘Economic Support Fund’’ and ‘‘Inter-
national Narcotics Control and Law Enforcement’’: Provided, That
the audit shall include an examination of all programs, projects
and activities carried out under such programs, including both
obligations and expenditures.
REPORTING REQUIREMENT
SEC. 2106. Not later than 60 days after the date of enactment
of this Act, the President shall submit a report to the Congress
detailing: (1) information regarding the Palestinian security serv-
ices, including their numbers, accountability, and chains of com-
mand, and steps taken to purge from their ranks individuals with
ties to terrorist entities; (2) specific steps taken by the Palestinian
Authority to dismantle the terrorist infrastructure, confiscate
unauthorized weapons, arrest and bring terrorists to justice, destroy
unauthorized arms factories, thwart and preempt terrorist attacks,
and cooperate with Israel’s security services; (3) specific actions
taken by the Palestinian Authority to stop incitement in Palestinian
Authority-controlled electronic and print media and in schools,
mosques, and other institutions it controls, and to promote peace
and coexistence with Israel; (4) specific steps the Palestinian
Authority has taken to further democracy, the rule of law, and
an independent judiciary, and transparent and accountable govern-
ance; (5) the Palestinian Authority’s cooperation with United States
officials in investigations into the late Palestinian leader Yasser
Arafat’s finances; and (6) the amount of assistance pledged and
actually provided to the Palestinian Authority by other donors:
Provided, That not later than 180 days after enactment of this
Act, the President shall submit to the Congress an update of this
report: Provided further, That up to $5,000,000 of the funds made
available for assistance for the West Bank and Gaza by this chapter
under ‘‘Economic Support Fund’’ shall be used for an outside, inde-
pendent evaluation by an internationally recognized accounting firm
of the transparency and accountability of Palestinian Authority
accounting procedures and an audit of expenditures by the Pales-
tinian Authority.
REPROGRAMMING AUTHORITY
SEC. 2107. The amounts set forth in the eighth proviso in
the Diplomatic and Consular Programs appropriation in the fiscal
year 2005 Departments of Commerce, Justice, State, the Judiciary,
and Related Agencies Appropriations Act (Public Law 108–447,
division B) may be subject to reprogramming pursuant to section
605 of that Act.
MARLA RUZICKA IRAQI WAR VICTIMS FUND
SEC. 2108. Of the funds appropriated by chapter 2 of title
II of Public Law 108–106 under the heading ‘‘Iraq Relief and
Reconstruction Fund’’, not less than $20,000,000 should be made
available for assistance for families and communities of Iraqi
civilians who have suffered losses as a result of the military oper-
ations: Provided, That such assistance shall be designated as the
‘‘Marla Ruzicka Iraqi War Victims Fund’’.
President.
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CANDIDATE COUNTRIES
SEC. 2109. Section 616(b)(1) of the Millennium Challenge Act
of 2003 (Public Law 108–199) is amended—
(1) by striking ‘‘subparagraphs (A) and (B) of section
606(a)(1)’’; and
(2) inserting in lieu thereof ‘‘subsection (a) or (b) of section
606’’.
HUMANITARIAN ASSISTANCE CODE OF CONDUCT
SEC. 2110. (a) None of the funds made available for foreign
operations, export financing, and related programs under the
headings ‘‘Migration and Refugee Assistance’’, ‘‘United States Emer-
gency Refugee and Migration Assistance Fund’’, ‘‘International Dis-
aster and Famine Assistance’’, or ‘‘Transition Initiatives’’ may be
obligated to an organization that fails to adopt a code of conduct
that provides for the protection of beneficiaries of assistance under
any such heading from sexual exploitation and abuse in humani-
tarian relief operations.
(b) The code of conduct referred to in subsection (a) shall,
to the maximum extent practicable, be consistent with the six
core principles of the United Nations Inter-Agency Standing Com-
mittee Task Force on Protection From Sexual Exploitation and
Abuse in Humanitarian Crises.
(c) Not later than 180 days after the date of the enactment
of this Act, and not later than one year after the date of the
enactment of this Act, the President shall transmit to the appro-
priate congressional committees a report on the implementation
of this section.
(d) This section shall take effect 60 days after the date of
the enactment of this Act and shall apply to funds obligated after
such date for fiscal year 2005 and any subsequent fiscal year.
JOINT EXPLANATORY STATEMENT
SEC. 2111. (a) Funds provided in this Act for the following
accounts shall be made available for programs and countries in
the amounts contained in the joint explanatory statement of man-
agers accompanying this Act:
‘‘Economic Support Fund’’; and
‘‘Assistance for the Independent States of the Former Soviet
Union’’.
(b) Any proposed increases or decreases to the amounts con-
tained in such tables in the joint explanatory statement of managers
shall be subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.
Effective date.
Applicability.
Deadline.
President.
Reports.
22 USC 2370b.
22 USC 7715.
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PUBLIC LAW 109–13—MAY 11, 2005
TITLE III—DOMESTIC APPROPRIATIONS FOR THE WAR ON
TERROR
CHAPTER 1
DEPARTMENT OF ENERGY
NATIONAL NUCLEAR SECURITY ADMINISTRATION
DEFENSE NUCLEAR NONPROLIFERATION
For an additional amount for ‘‘Defense Nuclear Nonprolifera-
tion’’, $84,000,000, to remain available until expended: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
CHAPTER 2
DEPARTMENT OF HOMELAND SECURITY
CUSTOMS AND BORDER PROTECTION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$124,425,000, to remain available until September 30, 2006, for
hiring, training, supporting, and equipping 500 border patrol agents
above the level funded in Public Law 108–334: Provided, That
the Secretary of Homeland Security shall provide the Committees
on Appropriations of the Senate and the House of Representatives
no later than June 15, 2005, with a plan for the expeditious
implementation and execution of these funds: Provided further,
That of the amount provided under this heading, $49,075,000 is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
CONSTRUCTION
For an additional amount for ‘‘Construction’’, $51,875,000, to
remain available until September 30, 2006: Provided, That the
Secretary of Homeland Security shall provide the Committees on
Appropriations of the Senate and the House of Representatives
no later than June 15, 2005, with a plan for the expeditious
implementation and execution of these funds: Provided further,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
IMMIGRATION AND CUSTOMS ENFORCEMENT
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$454,250,000, of which not less than $11,000,000 shall be available
for the costs of increasing by no less than seventy-nine the level
of full-time equivalents on board on the date of enactment of this
Deadline.
Deadline.
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PUBLIC LAW 109–13—MAY 11, 2005
Act: Provided, That of the total amount provided, $178,250,000
is available until September 30, 2006, of which $93,050,000 is
for new investigators, enforcement agents, detention officers, and
detention bedspace: Provided further, That the Secretary of Home-
land Security shall provide the Committees on Appropriations of
the Senate and the House of Representatives no later than June
15, 2005, with a plan for the expeditious implementation and execu-
tion of these funds: Provided further, That of the amount provided
under this heading, $349,050,000 is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
UNITED STATES COAST GUARD
OPERATING EXPENSES
For 
an 
additional 
amount 
for 
‘‘Operating 
Expenses’’,
$111,950,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For an additional amount for ‘‘Acquisition, Construction, and
Improvements’’, $49,200,000, to remain available until September
30, 2007: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
FEDERAL LAW ENFORCEMENT TRAINING CENTER
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$2,568,000, to remain available until September 30, 2006.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED
EXPENSES
For an additional amount for ‘‘Acquisition, Construction,
Improvements, and Related Expenses’’, $1,882,000, to remain avail-
able until September 30, 2006.
CHAPTER 3
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
DETENTION TRUSTEE
For 
an 
additional 
amount 
for 
‘‘Detention 
Trustee’’,
$184,000,000, for necessary expenses of the Federal Detention
Trustee: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Deadline.
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LEGAL ACTIVITIES
ASSET FORFEITURE FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$40,000,000 are rescinded.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$11,935,000, for increased judicial security outside of courthouse
facilities, including home intrusion detection systems for Federal
judges, to remain available until September 30, 2006: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$73,991,000, to remain available until September 30, 2006: Pro-
vided, That of the amount appropriated, $1,250,000 shall be trans-
ferred to and merged with the appropriation for ‘‘Department of
Justice, General Administration, Office of Inspector General’’: Pro-
vided further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$7,648,000, to remain available until September 30, 2006: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$4,000,000, to remain available until September 30, 2006: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
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PUBLIC LAW 109–13—MAY 11, 2005
CHAPTER 4
LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
PAYMENT TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF
CONGRESS
For payment to Doris K. Matsui, widow of Robert T. Matsui,
late a Representative from the State of California, $162,100.
SALARIES AND EXPENSES
For an additional amount for salaries and expenses of the
House of Representatives, $39,000,000, to remain available until
expended: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
ADMINISTRATIVE PROVISIONS
HOUSE SERVICES REVOLVING FUND
SEC. 3401. (a) Section 103(b) of the Legislative Branch Appro-
priations Act, 2005 (Public Law 108–447; 118 Stat. 3175) is
amended to read as follows:
‘‘(b) USE
OF FEES.—Any amounts paid as fees for the use
of the exercise facility described in subsection (a) shall be deposited
into the House Services Revolving Fund established under section
105.’’.
(b) Section 105(a) of such Act (2 U.S.C. 117m(a)) is amended
by adding at the end the following new paragraph:
‘‘(5) The payment of fees for the use of the exercise facility
described in section 103(a).’’.
(c) The amendments made by this section shall take effect
as if included in the enactment of the Legislative Branch Appropria-
tions Act, 2005.
TECHNICAL CORRECTIONS
SEC. 3402. (a) The last proviso under the heading ‘‘LIBRARY
OF CONGRESS—Salaries and Expenses’’ in chapter 9 of division
A of the Miscellaneous Appropriations Act, 2001, as enacted into
law by section 1(a)(4) of the Consolidated Appropriations Act, 2001
(2 U.S.C. 132b note), is amended by striking ‘‘chair of the Sub-
committee on the Legislative Branch of the Committee on Appro-
priations of the House of Representatives’’ and inserting ‘‘chair
of the Committee on Appropriations of the House of Representatives
(or another member of such Committee designated by the chair)’’.
(b) Section 313(a)(2)(E) of the Legislative Branch Appropria-
tions Act, 2001 (2 U.S.C. 1151(a)(2)(E)), as added by section 1502
of the Legislative Branch Appropriations Act, 2005 (Public Law
108–447), is amended by striking ‘‘chair of the Subcommittee on
Legislative Branch of the Committee on Appropriations of the House
of Representatives’’ and inserting ‘‘chair of the Committee on Appro-
priations of the House of Representatives (or another member of
such Committee designated by the chair)’’.
Effective date.
2 USC 117m
note.
118 Stat. 3174.
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PUBLIC LAW 109–13—MAY 11, 2005
CAPITOL POLICE
GENERAL EXPENSES
For an additional amount for necessary expenses of the Capitol
Police, $11,000,000, to remain available until expended: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
ARCHITECT OF THE CAPITOL
CAPITOL GROUNDS
For an additional amount for ‘‘Capitol Grounds’’, $8,200,000,
to remain available until September 30, 2006: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
CAPITOL POLICE BUILDINGS AND GROUNDS
For an additional amount for ‘‘Capitol Police Buildings and
Grounds’’, $4,100,000, to remain available until September 30, 2006:
Provided, That the amount provided under this heading is des-
ignated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
TITLE IV—INDIAN OCEAN TSUNAMI RELIEF
CHAPTER 1
FUNDS APPROPRIATED TO THE PRESIDENT
OTHER BILATERAL ASSISTANCE
TSUNAMI RECOVERY AND RECONSTRUCTION FUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Foreign Assistance
Act of 1961, for emergency relief, rehabilitation, and reconstruction
aid to countries affected by the tsunami and earthquakes of
December 2004 and March 2005, and the Avian influenza virus,
$656,000,000, to remain available until September 30, 2006: Pro-
vided, That these funds may be transferred by the Secretary of
State to Federal agencies or accounts for any activity authorized
under part I (including chapter 4 of part II) of the Foreign Assist-
ance Act, or under the Agricultural Trade Development and Assist-
ance Act of 1954, to accomplish the purposes provided herein:
Provided further, That upon a determination that all or part of
the funds so transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That funds appro-
priated under this heading may be used to reimburse fully accounts
administered by the United States Agency for International
Development for obligations incurred for the purposes provided
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PUBLIC LAW 109–13—MAY 11, 2005
under this heading prior to enactment of this Act, including Public
Law 480 Title II grants: Provided further, That of the amounts
provided herein: up to $10,000,000 may be transferred to and
consolidated with ‘‘Development Credit Authority’’ for the cost of
direct loans and loan guarantees as authorized by sections 256
and 635 of the Foreign Assistance Act of 1961 in furtherance
of the purposes of this heading; up to $17,500,000 may be trans-
ferred to and consolidated with ‘‘Operating Expenses of the United
States Agency for International Development’’, of which up to
$2,000,000 may be used for administrative expenses to carry out
credit programs administered by the United States Agency for
International Development in furtherance of the purposes of this
heading; up to $1,000,000 may be transferred to and consolidated
with ‘‘Operating Expenses of the United States Agency for Inter-
national Development Office of Inspector General’’; and up to
$5,000,000 may be transferred to and consolidated with ‘‘Emer-
gencies in the Diplomatic and Consular Service’’ for the purpose
of providing support services for United States citizen victims and
related operations: Provided further, That of the funds appropriated
under this heading, $5,000,000 should be made available for
environmental recovery activities in tsunami affected countries:
Provided further, That of the funds appropriated under this heading,
$10,000,000 should be made available for programs and activities
which create new economic opportunities for women: Provided fur-
ther, That of the funds appropriated under this heading, $1,500,000
should be made available for programs to address the needs of
people with physical and mental disabilities resulting from the
tsunami: Provided further, That of the funds appropriated under
this heading, not less than $12,500,000 should be made available
to support initiatives that focus on the immediate and long-term
needs of children for protection and permanency, including the
registration of unaccompanied children, the reunification of children
with their immediate or extended families, the protection of women
and children from violence and exploitation, and activities designed
to prevent the capture of children by armed forces and promote
the integration of war affected youth: Provided further, That of
the funds appropriated under this heading, $20,000,000 should
be made available for microenterprise development programs in
countries affected by the tsunami, of which $5,000,000 should be
made available for microcredit programs, to be administered by
the United States Agency for International Development: Provided
further, That of the funds appropriated under this heading,
$1,500,000 should be made available for trafficking in persons moni-
toring and prevention programs and activities in tsunami affected
countries: Provided further, That the President is hereby authorized
to defer and reschedule for such period as he may deem appropriate
any amounts owed to the United States or any agency of the
United States by those countries significantly affected by the tsu-
nami and earthquakes of December 2004 and March 2005, including
the Republic of Indonesia, the Republic of Maldives and the Demo-
cratic Socialist Republic of Sri Lanka: Provided further, That funds
appropriated under this heading may be made available for the
modification costs, as defined in section 502 of the Congressional
Budget Act of 1974, if any, associated with any deferral and resched-
uling authorized under this heading: Provided further, That such
amounts shall not be considered ‘‘assistance’’ for the purposes of
provisions of law limiting assistance to any such affected country:
President.
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Provided further, That any agreement to defer and reschedule such
debt will include a commitment by the recipient government that
resources freed by the debt deferral will benefit directly the people
affected by the tsunami: Provided further, That the Secretary of
State shall arrange for an outside, independent evaluation of each
government’s compliance with the commitment: Provided further,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
GENERAL PROVISIONS, THIS CHAPTER
ANNUAL LIMITATION
SEC. 4101. Amounts made available pursuant to section 492(b)
of the Foreign Assistance Act of 1961, as amended (22 U.S.C.
2292a), to address relief and rehabilitation needs for countries
affected by the Indian Ocean tsunami and earthquakes of December
2004 and March 2005, prior to the enactment of this Act, shall
be in addition to the amount that may be obligated in fiscal year
2005 under that section.
REPORTING REQUIREMENT
SEC. 4102. The Secretary of State shall submit to the Commit-
tees on Appropriations not later than 30 days after enactment,
and prior to the initial obligation of funds appropriated under
this chapter not used to reimburse accounts for obligations made
prior to enactment, a report on the proposed uses of all funds
on a project-by-project basis, for which such initial obligation of
funds is anticipated: Provided, That up to 15 percent of funds
appropriated under this chapter may be obligated before the submis-
sion of the report subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That the
report shall be updated and submitted to the Committees on Appro-
priations every six months and shall include information detailing
how the estimates and assumptions contained in previous reports
have changed: Provided further, That any proposed new projects
and increases in funding of ongoing projects shall be reported to
the Committees on Appropriations in accordance with regular
notification procedures: Provided further, That the Secretary of
State shall submit to the Committees on Appropriations, not later
than 210 days following enactment of this Act, and every six months
thereafter, a report detailing on a project-by project basis, the
expenditure of funds appropriated under this chapter until all funds
have been fully expended.
AUTHORIZATION OF FUNDS
SEC. 4103. Funds appropriated by this Act may be obligated
and expended notwithstanding section 15 of the State Department
Basic Authorities Act of 1956, section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–
236), section 10 of Public Law 91–672 (22 U.S.C. 2412), and section
504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
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PUBLIC LAW 109–13—MAY 11, 2005
AVIAN INFLUENZA VIRUS
SEC. 4104. Of the funds appropriated under this chapter,
$25,000,000 shall be made available for a coordinated program
to prevent and control the spread of the Avian influenza virus:
Provided, That not less than $15,000,000 of such funds should
be transferred to the Centers for Disease Control and Prevention:
Provided further, That prior to the obligation of such funds, the
Centers for Disease Control and Prevention shall consult with the
United States Agency for International Development on the pro-
posed use of such funds: Provided further, That funds made avail-
able by this section and transferred to the Centers for Disease
Control and Prevention shall be for necessary expenses to carry
out Titles III and XXIII of the Public Health Service Act.
CHAPTER 2
DEPARTMENT OF DEFENSE—MILITARY
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $124,100,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
OPERATION AND MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $2,800,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $30,000,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $29,150,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
For an additional amount for ‘‘Overseas Humanitarian, Dis-
aster, and Civic Aid’’, $36,000,000, to remain available until Sep-
tember 30, 2006: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
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section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Program’’,
$3,600,000 for Operation and maintenance: Provided, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
CHAPTER 3
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
OPERATING EXPENSES
For an additional amount for ‘‘Operating Expenses’’, $350,000:
Provided, That the amount provided under this heading is des-
ignated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
CHAPTER 4
DEPARTMENT OF THE INTERIOR
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ‘‘Surveys, Investigations, and
Research’’, $8,100,000, to remain available until September 30,
2006: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
CHAPTER 5
DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ‘‘Operations, Research, and Facili-
ties’’, $7,070,000, to remain available until September 30, 2006,
for United States tsunami warning capabilities and operations:
Provided, That the amount provided under this heading is des-
ignated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Con-
gress).
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PUBLIC LAW 109–13—MAY 11, 2005
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For an additional amount for ‘‘Procurement, Acquisition and
Construction’’, $10,170,000, to remain available until September
30, 2007, for United States tsunami warning capabilities: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
TITLE V—OTHER EMERGENCY APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
EMERGENCY WATERSHED PROTECTION PROGRAM
For an additional amount for the emergency watershed protec-
tion program established under section 403 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2203) to repair damages to waterways
and watersheds resulting from natural disasters, $104,500,000, to
remain available until expended: Provided, That the above amount
includes funding for eligible work identified in the Emergency
Watershed Program Recovery Projects Unfunded list as of April
25, 2005: Provided further, That notwithstanding any other provi-
sion of law, the Secretary of Agriculture shall count local financial
and technical resources, including in-kind materials and services,
contributed toward recovery from the flooding events of January
2005 in Washington County, Utah, toward local matching require-
ments for the emergency watershed protection program assistance
provided to Washington County, Utah: Provided further, That the
amount provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
GENERAL PROVISIONS, THIS CHAPTER
RURAL HOUSING SERVICE
SEC. 5101. Hereafter, notwithstanding any other provision of
law, the Secretary of Agriculture may transfer any unobligated
amounts made available under the heading ‘‘Rural Housing
Service’’, ‘‘Rural Housing Insurance Fund Program Account’’ in
chapter 1 of title II of Public Law 106–246 (114 Stat. 540) to
the Rural Housing Service ‘‘Rental Assistance Program’’ account
for projects in North Carolina: Provided, That the amounts made
available by the transfer of funds in or pursuant to this section
are designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
RURAL HOUSING ASSISTANCE GRANTS
SEC. 5102. Notwithstanding any other provision of law, the
Secretary of Agriculture shall consider the Village of New Miami,
Ohio, a rural area for purposes of eligibility for grants funded
through the Rural Housing Assistance Grants account.
Ohio.
Utah.
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WATERSHED PROJECTS IN WEST VIRGINIA
SEC. 5103. Of the amount provided to the Secretary of Agri-
culture under the Consolidated Appropriations Act, 2005 (Public
Law 108–447) for the Lost River Watershed project, West Virginia,
$4,000,000 may be transferred to the Upper Tygart Watershed
project, West Virginia, to be used under the same terms and condi-
tions under which funds for that project were appropriated in
section 735 of the Consolidated Appropriations Act, 2004 (Public
Law 108–199; 118 Stat. 36).
FARM SERVICE AGENCY
SEC. 5104. The funds made available in section 786 of title
VII of the Agriculture, Rural Development, Food and Drug Adminis-
tration, and Related Agencies Appropriations Act, 2005 as contained
in division A of the Consolidated Appropriations Act, 2005 (Public
Law 108–447) may be applied to accounts of Alaska dairy farmers
owed to the Secretary of Agriculture.
CHAPTER 2
DEPARTMENT OF THE INTERIOR
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For an additional amount for ‘‘Departmental Management’’,
$3,000,000 to support deployment of business systems to the
bureaus and offices of the Department of the Interior, including
the Financial and Business Management System: Provided, That
the amount provided under this heading is designated as an emer-
gency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
CAPITAL IMPROVEMENT AND MAINTENANCE
For an additional amount for ‘‘Capital Improvement and
Maintenance’’, $24,390,000, to remain available until expended,
to repair damages to national forest facilities and lands caused
by severe storms in southern California: Provided, That such funds
shall be available to perform repair activities including, but not
limited to, restoration of roads, trails and facilities; removal of
landslides; drainage protection; waste removal; and stream sta-
bilization: Provided further, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
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PUBLIC LAW 109–13—MAY 11, 2005
CHAPTER 3
DEPARTMENT OF HEALTH AND HUMAN SERVICES
OFFICE OF THE SECRETARY
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
(INCLUDING RESCISSIONS OF FUNDS)
For an additional amount for the ‘‘Public Health and Social
Services Emergency Fund’’ in title II of Public Law 108–447,
$10,000,000, to remain available until expended, for an infrastruc-
ture grant to improve the supply of domestically produced vaccine:
Provided, That the entire amount is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress): Provided further,
That under the heading ‘‘Health Resources and Services Administra-
tion, Health Resources and Services’’, the unobligated balance for
the Health Professions Teaching Facilities Program authorized in
sections 726 and 805 of the Public Health Service Act; the unobli-
gated balance of the Health Teaching Construction Interest Subsidy
Program authorized in section 726 and title XVI of the Public
Health Service Act; and the unobligated balance of the AIDS Facili-
ties Renovation and Support Program authorized in title XVI of
the Public Health Service Act are all hereby rescinded: Provided
further, That under the heading ‘‘Office of the Secretary, Office
of the Inspector General’’, the unobligated balance of the Medicaid
Fraud Control Program authorized in section 1903 of the Social
Security Act and appropriated to the Office of the Inspector General
in the Department of Health and Human Services is hereby
rescinded: Provided further, That under the heading ‘‘Assistant
Secretary for Health Scientific Activities Overseas (Special Foreign
Currency Program)’’ the unobligated balance of the Scientific Activi-
ties Overseas (Special Foreign Currency Program) account within
the Department of Health and Human Services is hereby rescinded.
For an additional amount for the ‘‘Public Health and Social
Services Emergency Fund’’ in title II of Public Law 108–447,
$58,000,000, to remain available until expended, to be transferred
to the Centers for Disease Control and Prevention for the purchase
of influenza countermeasures for the Strategic National Stockpile:
Provided, That $58,000,000 appropriated by section 1897(g) of the
Social Security Act, as added by section 1016 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108–173) is rescinded.
CHAPTER 4
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HOUSING PROGRAMS
HOUSING FOR PERSONS WITH DISABILITIES
(INCLUDING RESCISSION OF FUNDS)
Of the amount made available under this heading in Public
Law 108–447, $238,080,000 are rescinded.
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For an additional amount for ‘‘Housing for Persons with Disabil-
ities’’, $238,080,000, to remain available until September 30, 2006:
Provided, That these funds shall be available under the same terms
and conditions as authorized for funds under this heading in Public
Law 108–447.
OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the ‘‘Office of Federal Housing
Enterprise Oversight’’ for carrying out the Federal Housing Enter-
prises Financial Safety and Soundness Act of 1992, $5,000,000
to remain available until expended, to be derived from the Federal
Housing Enterprises Oversight Fund but not any funds collected
under section 1316(c) of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4516(c)): Provided,
That notwithstanding section 1316(d) of the Federal Housing Enter-
prises Financial Safety and Soundness Act of 1992, any funds
collected under section 1316(c) of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 shall not be credited
for fiscal year 2006 as surplus under section 1316(d) of such Act
or as part of any assessment to be collected for fiscal year 2006
under section 1316(a) of such Act: Provided further, That not to
exceed the amount provided herein shall be available from the
general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of collections
to the Fund: Provided further, That the general fund amount shall
be reduced as collections are received during the fiscal year so
as to result in a final appropriation from the general fund estimated
at not more than $0.
TITLE VI—GENERAL PROVISIONS AND TECHNICAL
CORRECTIONS
AVAILABILITY OF FUNDS
SEC. 6001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
REFERENCES TO EMERGENCY REQUIREMENTS
SEC. 6002. Any reference in this Act to section 402 of the
conference report to accompany S. Con. Res. 95 (108th Congress)
shall be treated as a reference to the emergency legislation section
of H. Con. Res. 95 (109th Congress), if H. Con. Res. 95 (109th
Congress) is adopted prior to the enactment of this Act.
RURAL BUSINESS-COOPERATIVE SERVICE
SEC. 6003. None of the funds made available by this or any
other Act may be used to deny the provision of assistance under
section 310B(a)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932(a)(1)) solely due to the failure of the Secretary
of Labor to respond to a request to certify assistance within the
time period specified in section 310B(d)(4) of that Act.
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MC CLELLAN KERR NAVIGATION SYSTEM ADVANCED OPERATIONS AND
MAINTENANCE
SEC. 6004. The last proviso under the heading ‘‘Operation and
Maintenance’’ in title I of division C of Public Law 108–447 is
amended by striking ‘‘Public Law 108–357’’ and inserting ‘‘Public
Law 108–137’’.
ENVIRONMENTAL INFRASTRUCTURE
SEC. 6005. Section 101 of title I of division C of Public Law
108–447 is amended by striking ‘‘per project’’ and all that follows
through the period at the end and inserting ‘‘for all applicable
programs and projects not to exceed $80,000,000 in each fiscal
year.’’.
DE SOTO COUNTY, MISSISSIPPI
SEC. 6006. Section 219(f)(30) of the Water Resources Develop-
ment Act of 1992 (106 Stat. 4835; 106 Stat. 3757; 113 Stat. 334)
is amended by striking ‘‘$20,000,000’’ and inserting ‘‘$55,000,000’’
in lieu thereof, and by striking ‘‘treatment’’ and inserting ‘‘infra-
structure’’ in lieu thereof: Provided, That the Secretary is authorized
and directed to reimburse the non-Federal local sponsor of the
project described in section 219(f)(30) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 106 Stat. 3757; 113
Stat. 334) for costs incurred between May 13, 2002, and September
30, 2005, in excess of the required non-Federal share if the Secretary
determines that such costs were incurred for work that is compatible
with and integral to the project: Provided further, That the non-
Federal local sponsor, at its option, may choose to accept, in lieu
of reimbursement, a credit against the non-Federal share of project
cost incurred after May 13, 2002.
FORT PECK FISH HATCHERY, MONTANA
SEC. 6007. Section 325(f)(1)(A) of Public Law 106–541 is modi-
fied by striking ‘‘$20,000,000’’ and inserting in lieu thereof
‘‘$25,000,000’’.
INTERCOASTAL WATERWAY, DELAWARE RIVER TO CHESAPEAKE BAY,
SR–1 BRIDGE, DELAWARE
SEC. 6008. The first proviso under the heading ‘‘Operation
and Maintenance’’ in title I of division C of Public Law 108–
447 is amended by striking ‘‘October 1, 2003, and September 30,
2004’’ and inserting ‘‘October 1, 2004, and September 30, 2005’’.
OFFSHORE OIL AND GAS FABRICATION PORTS
SEC. 6009. In determining the economic justification for naviga-
tion projects involving offshore oil and gas fabrication ports, the
Secretary of the Army, acting through the Chief of Engineers,
is directed to measure and include in the National Economic
Development calculation the value of future energy exploration
and production fabrication contracts and transportation cost savings
that would result from larger navigation channels.
118 Stat. 2939.
114 Stat. 2605.
33 USC 2221.
118 Stat. 2940.
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ENVIRONMENTAL INFRASTRUCTURE
SEC. 6010. In division C, title I of the Consolidated Appropria-
tions Act, 2005 (Public Law 108–447), the item relating to Corps
of Engineers—Civil, Construction, General, is amended by inserting
before the period at the end the following: ‘‘: Provided further,
That of the funds made available herein for Ohio Environmental
Infrastructure, $500,000 shall be used for the Liberty Little Squaw
Creek sewer upgrade and $1,000,000 shall be used for the Lake
County, Concord Township sanitary sewer line improvement: Pro-
vided further, That of the funds made available herein, $350,000
shall be used to complete design for the St. Croix Falls, Wisconsin,
wastewater infrastructure project’’.
INDIANA HARBOR, INDIANA
SEC. 6011. The Secretary of the Army, acting through the
Chief of Engineers, is directed to complete, at full Federal expense,
the Indiana Harbor and Canal, Confined Disposal Facility, Indiana,
currently under construction.
SEMINOLE TRIBE, BIG CYPRESS PROJECT
SEC. 6012. Section 528(b)(3) of the Water Resources Develop-
ment Act of 1996 (110 Stat. 3769; 113 Stat. 286) is amended
by adding the following:
‘‘(5) The Seminole Tribe of Florida shall receive a mitigation
credit for 50 percent of the net wetland benefits derived within
the footprint of the Big Cypress Seminole Reservation Water
Conservation Plan Project. Such credit may be used to meet
the mitigation requirements of section 404 of the Clean Water
Act as they may apply to future projects proposed by the
Seminole Tribe of Florida.’’.
SAN GABRIEL BASIN RESTORATION
SEC. 6013. (a) The matter under the heading ‘‘Water and
Related Resources’’ in title II of division C of Public Law 108–
447 is amended by inserting before the period at the end the
following: ‘‘: Provided further, That $4,023,000 of the funds appro-
priated under this heading shall be deposited in the San Gabriel
Basin Restoration Fund established by section 110 of title I of
division B of the Miscellaneous Appropriations Act, 2001 (as enacted
into law by Public Law 106–554)’’.
(b) Section 110(a)(3)(A)(ii) of the Miscellaneous Appropriations
Act, 2001 (as enacted into law by section 1(a)(4) of Public Law
106–554) as amended is further amended by inserting the words
‘‘and maintain’’ after the word ‘‘operate’’.
SILVERY MINNOW OFF-CHANNEL SANCTUARIES
SEC. 6014. The Secretary of the Interior is authorized to perform
such analyses and studies as needed to determine the viability
of establishing an off-channel sanctuary for the Rio Grande Silvery
Minnow in the Middle Rio Grande Valley. In conducting these
studies, the Secretary shall take into consideration:
(1) providing off-channel, naturalistic habitat conditions
for propagation, recruitment, and maintenance of Rio Grande
silvery minnows; and
114 Stat.
2763A–222.
118 Stat. 2947.
118 Stat. 2935.
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(2) minimizing the need for acquiring water or water rights
to operate the sanctuary.
If the Secretary determines the project to be viable, the Sec-
retary is further authorized to design and construct the sanctuary
and to thereafter operate and maintain the sanctuary. The Sec-
retary may enter into grant agreements, cooperative agreements,
financial assistance agreements, interagency agreements, and con-
tracts with Federal and non-Federal entities to carry out the pur-
poses of this Act.
DESALINATION ACT EXTENSION
SEC. 6015. Section 8 of Public Law 104–298 (The Water
Desalination Act of 1996) (110 Stat. 3624) as amended by section
210 of Public Law 108–7 (117 Stat. 146) is amended by—
(1) in paragraph (a) by striking ‘‘2004’’ and inserting in
lieu thereof ‘‘2005’’; and
(2) in paragraph (b) by striking ‘‘2004’’ and inserting in
lieu thereof ‘‘2005’’.
ENERGY SUPPLY
SEC. 6016. In division C, title III of the Consolidated Appropria-
tions Act, 2005 (Public Law 108–447), the item relating to ‘‘Depart-
ment of Energy, Energy Programs, Energy Supply’’ is amended
by inserting before the period at the end the following: ‘‘: Provided,
That $2,000,000 is made available for the National Center for
Manufacturing Sciences in Michigan: Provided further, That
$825,000 is made available for research and development in Cali-
fornia to advance the state of metal hydride hydrogen storage’’.
OFFICE OF SCIENCE
SEC. 6017. In division C, title III of the Consolidated Appropria-
tions Act, 2005 (Public Law 108–447), the item relating to ‘‘Depart-
ment of Energy, Energy Programs, Science’’ is amended by inserting
‘‘: Provided, That $2,000,000 is provided within available funds
to continue funding for project #DE–FG0204ER63842–04090945,
the Southeast Regional Cooling, Heating and Power and Bio-Fuel
Application Center, and $3,000,000 is provided from within avail-
able funds for the University of Texas Southwestern Medical Center,
University of Texas at Dallas Metroplex Comprehensive Imaging
Center: Provided further, That within funds made available herein
$500,000 is provided for the desalination plant technology program
at the University of Nevada-Reno (UNR) and $500,000 for the
Oral History of the Negotiated Settlement project at UNR: Provided
further, That $4,000,000 is to be provided from within available
funds to the Fire Sciences Academy in Elko, Nevada, for purposes
of capital debt service: Provided further, That $2,000,000 is made
available within available funds to upgrade chemistry laboratories
at Drew University, New Jersey’’ after ‘‘$3,628,902,000’’.
FOSSIL ENERGY
SEC. 6018. In division E, title II of the Consolidated Appropria-
tions Act, 2005 (Public Law 108–447), the item relating to ‘‘Depart-
ment of Energy, Fossil Energy Research and Development’’ is
amended by inserting before the period at the end the following:
‘‘: Provided further, That $1,000,000 is made available for the
118 Stat. 3081.
118 Stat. 2951.
118 Stat. 2951.
42 USC 10301
note.
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National Energy Technology Laboratory in Pennsylvania to work
with the Borough of Versailles, Pennsylvania, to remediate leaks
from abandoned natural gas wells’’.
WEAPONS ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
SEC. 6019. Notwithstanding the provisions of section 302 of
Public Law 102–377 and section 4705 of Public Law 107–314,
as amended, the Department may transfer up to $10,000,000 from
the Weapons Activities appropriation for purposes of carrying out
section 3147 of the Ronald W. Reagan National Defense Authoriza-
tion Act for Fiscal Year 2005, Public Law 108–375: Provided, That
$825,000 is made available for cybersecurity at Department of
Energy laboratories using the CimTrak technology.
DEFENSE ENVIRONMENTAL SERVICES
SEC. 6020. Title III of division C of the Consolidated Appropria-
tions Act, 2005 (Public Law 108–447) is amended by inserting
before the period at the end of ‘‘Defense Environmental Services’’
the following: ‘‘: Provided, That to the extent activities to be funded
within the ‘Defense Environmental Services’ cannot be funded with-
out unduly impacting mission activities and statutory requirements,
up to $30,000,000 from ‘Defense Site Acceleration Completion’ may
be used for these activities: Provided further, That $2,000,000 is
provided within available funds to support desalination activities
in partnership with the Bureau of Reclamation at the Tularosa
Basin desalination facility, New Mexico’’.
DEFENSE SITE ACCELERATION COMPLETION TRANSFER TO WEAPONS
ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
SEC. 6021. Notwithstanding the provisions of section 302 of
Public Law 102–377 and section 4705 of Public Law 107–314,
as amended, the Department may transfer up to $4,000,000 from
the ‘‘Defense Site Acceleration Completion’’ appropriation to
‘‘Weapons Activities’’ appropriation contained in the Consolidated
Appropriations Act, 2005 (Public Law 108–447), division C—Energy
and Water Development.
SMALL BUSINESS CONTRACTING
SEC. 6022. (a) Not later than September 30, 2005, the Depart-
ment of Energy and the Small Business Administration shall enter
into a memorandum of understanding setting forth an appropriate
methodology for measuring the achievement of the Department
of Energy with respect to awarding contracts to small businesses.
(b) The methodology set forth in the memorandum of under-
standing entered into under subsection (a) shall, at a minimum,
include—
(1) a method of counting the achievement of the Depart-
ment of Energy in awards of—
(A) prime contracts; and
(B) subcontracts to small businesses awarded by
Department 
of 
Energy 
management 
and 
operating,
Deadline.
Memorandum.
42 USC 7256
note.
118 Stat. 2954.
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management and integration, and other facility manage-
ment prime contractors; and
(2) uniform criteria that could be used by prime contractors
when measuring the value and number of subcontracts awarded
to small businesses.
(c)(1) Not later than September 30, 2005, the Administrator
of the Small Business Administration, the Chief Counsel for
Advocacy of the Small Business Administration, the Chairman of
the Defense Nuclear Facilities Safety Board, the Secretary of
Energy, and the Administrator of the National Nuclear Security
Administration, shall jointly conduct a study regarding the feasi-
bility of possible changes to management and operating contracts
and other management contracts within the Department of Energy
to encourage new opportunities for small businesses to increase
their role as prime contractors.
(2) In conducting the study under paragraph (1), the Adminis-
trator of the Small Business Administration, the Chief Counsel
for Advocacy of the Small Business Administration, the Chairman
of the Defense Nuclear Facilities Safety Board, the Secretary of
Energy, and the Administrator of the National Nuclear Security
Administration shall jointly consider the impact of changes studied
on—
(A) accountability, competition, and sound management
practices at the Department of Energy and its facilities man-
aged by prime contractors;
(B) safety, security, and oversight of Department of Energy
facilities; and
(C) the potential oversight and management requirements
necessary to implement the findings of the study.
(3) The Administrator of the Small Business Administration,
the Chief Counsel for Advocacy of the Small Business Administra-
tion, the Chairman of the Defense Nuclear Facilities Safety Board,
the Secretary of Energy, and the Administrator of the National
Nuclear Security Administration shall report their joint findings
to—
(A) the Committee on Small Business and Entrepreneur-
ship, the Committee on Energy and Natural Resources, the
Committee on Armed Services, the Committee on Homeland
Security and Government Affairs, and the Committee on Appro-
priations of the Senate; and
(B) the Committee on Small Business, the Committee on
Energy and Commerce, the Committee on Armed Services,
the Committee on Homeland Security, and the Committee on
Appropriations of the House of Representatives.
(d)(1) Beginning on the date of enactment of this Act and
ending at the conclusion of fiscal year 2007, in any case in which
the Secretary of Energy decides to break-out appropriate large
prime contracts, known as the management and operating contracts,
for award to small businesses, the Secretary shall consider
whether—
(A) the services under the contract have previously been
provided by a small business concern; and
(B) the contract is of the type capable of being performed
by a small business concern.
(2) In the case of a contract awarded by the Department of
Energy as a result of a break-out of subcontracts previously awarded
Effective date.
Termination
date.
Reports.
Deadline.
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by management and operating prime contractors and reawarded
as a small business prime contract under paragraph (1)—
(A) any such contract valued at more than $25,000,000
shall be required to have a subcontracting plan for small
businesses; and
(B) the Secretary shall make a determination on the advis-
ability of requiring a local presence for small business sub-
contractors.
NUCLEAR WASTE DISPOSAL
SEC. 6023. Title III of division C of the Consolidated Appropria-
tions Act, 2005 (Public Law 108–447; 118 Stat. 2951) is amended
in the matter under the heading ‘‘Nuclear Waste Disposal’’—
(1) by inserting ‘‘to be derived from the Nuclear Waste
Fund and’’ after ‘‘$346,000,000,’’; and
(2) in the second proviso, by striking ‘‘to conduct scientific
oversight responsibilities and participate in licensing activities
pursuant to the Act’’ and inserting ‘‘to participate in licensing
activities and other appropriate activities pursuant to that Act’’.
DEPARTMENT OF HOMELAND SECURITY
WORKING CAPITAL FUND
SEC. 6024. None of the funds appropriated or otherwise made
available to the Department of Homeland Security may be used
to make payments to the ‘‘Department of Homeland Security
Working Capital Fund’’, except for the activities for fiscal year
2005 contained in the April 11, 2005, report submitted to the
Committees on Appropriations of the Senate and the House of
Representatives on the Department of Homeland Security Working
Capital Fund, and all activities and services funded by the Federal
Emergency Management Agency ‘‘Working Capital Fund’’ before
March 1, 2003: Provided, That all organizations shall be charged
only for direct usage of each service: Provided further, That for
fiscal year 2005, funding for activities shall not exceed the amounts
listed in the Department of Homeland Security Working Capital
Fund April 11, 2005, report: Provided further, That any additional
activities and amounts must be approved by the Committees on
Appropriations of the Senate and the House of Representatives
30 days in advance of obligation.
SEC. 6025. The Department of Homeland Security shall hence-
forth provide an appropriations justification for the ‘‘Department
of Homeland Security Working Capital Fund’’ to the Committees
on Appropriations of the Senate and House of Representatives:
Provided, That an annual appropriations justification shall be sub-
mitted to the Congress as a part of the President’s budget as
submitted under Section 1105(a) of Title 31, United States Code,
and shall contain the same level of detail as the Department’s
Congressional appropriations justification in support of the Presi-
dent’s budget: Provided further, That the ‘‘Department of Homeland
Security Working Capital Fund’’ Congressional appropriations jus-
tification for fiscal year 2006 shall be submitted within 15 days
of enactment of this Act: Provided further, That the Chief Financial
Officer shall ensure that all planned activities and amounts to
be funded by the ‘‘Department of Homeland Security Working Cap-
ital Fund’’, all reimbursable agreements, and all uses of the
Deadline.
31 USC 501 note.
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Economy Act are explicitly identified in each Congressional appro-
priations justification in support of the President’s budget provided
for each agency and component of the Department.
OFFICE OF THE CHIEF INFORMATION OFFICER
SEC. 6026. Of the funds provided under the heading ‘‘Office
of the Chief Information Officer’’ in Public Law 108–334, $5,000,000
shall not be obligated for salaries and expenses until an expenditure
plan is submitted to the Committees on Appropriations of the
Senate and the House of Representatives for any information tech-
nology project that: (1) is funded by the ‘‘Office of the Chief Informa-
tion Officer’’; or (2) is funded by multiple components of the Depart-
ment of Homeland Security through reimbursable agreements: Pro-
vided, That such expenditure plan shall include each specific project
funded, key milestones, all funding sources for each project, details
of annual and lifecycle costs, and projected cost savings or cost
avoidance to be achieved by project: Provided further, That the
expenditure plan shall include a complete list of all legacy systems
operational as of March 1, 2003, the current operational status
of each system, and the plans for continued operation or termination
of each system.
RESCISSION OF FUNDS
SEC. 6027. Of the funds appropriated by Public Law 108–
334 (118 Stat. 1298, 1300, 1302), the following are rescinded:
$500,000 under the heading ‘‘Office of the Secretary and Executive
Management’’; $3,300,000 under the heading ‘‘Office of the Under
Secretary for Management’’; $76,000,000 under the heading ‘‘Cus-
toms and Border Protection, Salaries and Expenses’’; and
$85,200,000 under the heading ‘‘Immigration and Customs Enforce-
ment, Salaries and Expenses’’.
SEC. 6028. Of the unobligated balances available in the ‘‘Depart-
ment of Homeland Security Working Capital Fund’’, $20,000,000
are rescinded.
REPROGRAMMING AND TRANSFER OF FUNDS
SEC. 6029. Any funds made available to the Department of
Homeland Security by this Act shall be subject to the terms and
conditions of Title V of Public Law 108–334.
BUREAU OF LAND MANAGEMENT, TECHNICAL CORRECTION
SEC. 6030. Section 144 of division E of Public Law 108–447
is amended in paragraph (b)(2) by striking ‘‘September 24, 2004’’
and inserting ‘‘November 12, 2004’’.
FOREST SERVICE TRANSFER
SEC. 6031. Funds in the amount of $1,500,000, provided in
Public Law 108–447 for the ‘‘Forest Service, Capital Improvement
and Maintenance’’ account, are hereby transferred to the ‘‘Forest
Service, State and Private Forestry’’ account.
WEST YELLOWSTONE VISITOR INFORMATION CENTER
SEC. 6032. Notwithstanding any other provision of law, the
National Park Service is authorized to expend appropriated funds
118 Stat. 3072.
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for the construction, operations and maintenance of an expansion
to the West Yellowstone Visitor Information Center to be con-
structed for visitors to, and administration of, Yellowstone National
Park.
PESTICIDES TOLERANCE FEES
SEC. 6033. None of the funds in this or any other Appropriations
Act may be used by the Environmental Protection Agency or any
other Federal agency to develop, promulgate, or publish a pesticides
tolerance fee rulemaking.
GULF ISLANDS NATIONAL SEASHORE
SEC. 6034. (a) The Secretary of the Interior shall allow the
State of Mississippi, its lessees, contractors, and permittees, to
conduct, under reasonable regulation not inconsistent with extrac-
tion of the oil and gas minerals reserved by the State of Mississippi
in the deed referenced in subsection (b):
(1) exploration, development and production operations on
sites outside the boundaries of Gulf Islands National Seashore
that use directional drilling techniques which result in the
drill hole crossing into the Gulf Islands National Seashore
and passing under any land or water the surface of which
is owned by the United States, including terminating in bottom
hole locations thereunder; and
(2) seismic and seismic-related exploration activities inside
the boundaries of Gulf Islands National Seashore to identify
the oil and gas minerals located within the boundaries of the
Gulf Islands National Seashore under the surface estate con-
veyed by the State of Mississippi, all of which oil and gas
minerals the State of Mississippi reserved the right to extract.
(b) The provisions of subsection (a) shall not take effect until
the State of Mississippi enters into an agreement with the Secretary
providing that any actions by the United States in relation to
the provisions in the section shall not trigger any reverter of any
estate conveyed by the State of Mississippi to the United States
within the Gulf Islands National Seashore in Chapter 482 of the
General Laws of the State of Mississippi, 1971, and the quitclaim
deed of June 15, 1972.
SURFACE MINING CONTROL AND RECLAMATION ACT
SEC. 6035. Section 402(b) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking
‘‘June 30, 2005,’’ and inserting ‘‘September 30, 2005,’’.
RESIDENT AND NONRESIDENT HUNTING AND FISHING REGULATIONS
SEC. 6036. STATE REGULATION OF RESIDENT AND NONRESIDENT
HUNTING
AND FISHING. (a) SHORT TITLE.—This section may be
cited as the ‘‘Reaffirmation of State Regulation of Resident and
Nonresident Hunting and Fishing Act of 2005’’.
(b) DECLARATION OF POLICY AND CONSTRUCTION OF CONGRES-
SIONAL SILENCE.—
(1) IN GENERAL.—It is the policy of Congress that it is
in the public interest for each State to continue to regulate
Reaffirmation of
State Regulation
of Resident and
Nonresident
Hunting and
Fishing Act
of 2005.
Contracts.
Mississippi.
Minerals.
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the taking for any purpose of fish and wildlife within its bound-
aries, including by means of laws or regulations that differen-
tiate between residents and nonresidents of such State with
respect to the availability of licenses or permits for taking
of particular species of fish or wildlife, the kind and numbers
of fish and wildlife that may be taken, or the fees charged
in connection with issuance of licenses or permits for hunting
or fishing.
(2) CONSTRUCTION OF CONGRESSIONAL SILENCE.—Silence on
the part of Congress shall not be construed to impose any
barrier under clause 3 of Section 8 of Article I of the Constitu-
tion (commonly referred to as the ‘‘commerce clause’’) to the
regulation of hunting or fishing by a State or Indian tribe.
(c) LIMITATIONS.—Nothing in this section shall be construed—
(1) to limit the applicability or effect of any Federal law
related to the protection or management of fish or wildlife
or to the regulation of commerce;
(2) to limit the authority of the United States to prohibit
hunting or fishing on any portion of the lands owned by the
United States; or
(3) to abrogate, abridge, affect, modify, supersede or alter
any treaty-reserved right or other right of any Indian tribe
as recognized by any other means, including, but not limited
to, agreements with the United States, Executive Orders, stat-
utes, and judicial decrees, and by Federal law.
(d) STATE DEFINED.—For purposes of this section, the term
‘‘State’’ includes the several States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the Virgin Islands, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
STATE AND TRIBAL ASSISTANCE GRANTS, TECHNICAL CORRECTIONS
SEC. 6037. The referenced statement of the managers under
the heading ‘‘State and Tribal Assistance Grants’’ for the Environ-
mental Protection Agency in Public Law 106–377, in reference
to item 80, is deemed to be amended by striking all after ‘‘for’’
and inserting in lieu thereof ‘‘wastewater infrastructure improve-
ments’’.
SEC. 6038. The referenced statement of the managers under
the heading ‘‘State and Tribal Assistance Grants’’ for the Environ-
mental Protection Agency in Public Law 108–199 is deemed to
be amended, in reference to item 331, by striking all after ‘‘to’’
and inserting in lieu thereof ‘‘Wayne County, New York Water
and Sewer Authority for wastewater infrastructure improvements’’
and, in reference to item 25, by striking all after ‘‘for’’ and inserting
in lieu thereof ‘‘water and wastewater improvements’’.
SEC. 6039. The referenced statement of the managers under
the heading ‘‘State and Tribal Assistance Grants’’ for the Environ-
mental Protection Agency in Public Law 108–447 is deemed to
be amended, in reference to item 235, by striking ‘‘$650,000’’ and
inserting in lieu thereof ‘‘$1,000,000’’ and is deemed to be amended
by adding ‘‘668. $150,000 to the City of Oldsmar, Florida for water
and wastewater infrastructure improvements.’’.
TRANSFER AUTHORITY
SEC. 6040. (a) Section 102 of division F of Public Law 108–
447 is hereby repealed.
118 Stat. 3122.
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(b) Section 208 of division F of Public Law 108–447 is amended
by inserting before the period at the end the following: ‘‘: Provided
further, That such authority shall be limited to emergency use
only, and is not to be used to create new programs, or to fund
any project or activity for which no funds were provided’’.
TECHNICAL CORRECTIONS—FUND FOR THE IMPROVEMENT OF
EDUCATION—FISCAL YEAR 2005
SEC. 6041. In the statement of the managers of the committee
of conference accompanying H.R. 4818 (Public Law 108–447; House
Report 108–792), in the matter in title III of division F, relating
to the Fund for the Improvement of Education under the heading
‘‘Innovation and Improvement’’—
(1) the provision specifying $500,000 for the Mississippi
Museum of Art, Jackson, MS for Hardy Middle School After
School Program shall be deemed to read ‘‘Mississippi Museum
of Art, Jackson, MS for a Mississippi Museum of Art 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 Foundation, Santa Monica, CA for the
Teacher Advancement Program’’;
(3) the provision specifying $1,000,000 for Batelle for Kids,
Columbus, OH for a multi-state effort to evaluate and learn
the most effective ways for accelerating student academic
growth shall be deemed to read ‘‘Battelle for Kids, Columbus,
OH for a multi-state effort to implement, evaluate and learn
the most effective ways for accelerating student academic
growth’’;
(4) the provision specifying $750,000 for the Institute of
Heart Math, Boulder Creek, CO for a teacher retention and
student dropout prevention program shall be deemed to read
‘‘Institute of Heart Math, Boulder Creek, CA for a teacher
retention and student dropout prevention program’’;
(5) the provision specifying $200,000 for Fairfax County
Public Schools, Fairfax, VA for Chinese language programs
in Franklin Sherman Elementary School and Chesterbrook
Elementary School in McLean, Virginia shall be deemed to
read ‘‘Fairfax County Public Schools, Fairfax, VA for Chinese
language programs in Shrevewood Elementary School and
Wolftrap Elementary School’’;
(6) the provision specifying $1,250,000 for the University
of Alaska/Fairbanks in Fairbanks, AK, working with the State
of Alaska and Catholic Community Services, for the Alaska
System for Early Education Development (SEED) shall be
deemed to read ‘‘University of Alaska/Southeast in Juneau,
AK, working with the State of Alaska and Catholic Community
Services, for the Alaska System for Early Education Develop-
ment (SEED)’’;
(7) the provision specifying $25,000 for QUILL Productions,
Inc., Aston, PA, to develop and disseminate programs to
enhance the teaching of American history shall be deemed
to read ‘‘QUILL Entertainment Company, Aston, PA, to develop
and disseminate programs to enhance the teaching of American
history’’;
118 Stat. 3138.
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(8) the provision specifying $780,000 for City of St. Charles,
MO for the St. Charles Foundry Arts Center in support of
arts education shall be deemed to read ‘‘The Foundry Art
Centre, St. Charles, Missouri for support of arts education
in conjunction with the City of St. Charles, MO’’;
(9) the provision specifying $100,000 for Community Arts
Program, Chester, PA, for arts education shall be deemed to
read ‘‘Chester Economic Development Authority, Chester, PA
for a community arts program’’;
(10) the provision specifying $100,000 for Kids with A
Promise—The Bowery Mission, Bushkill, PA shall be deemed
to read ‘‘Kids with A Promise—The Bowery Mission, New York,
NY’’;
(11) the provision specifying $50,000 for Great Projects
Film Company, Inc., Washington, DC, to produce ‘‘Educating
America’’, a documentary about the challenges facing our public
schools shall be deemed to read ‘‘Great Projects Film Company,
Inc., New York, NY, to produce ‘Educating America’, a documen-
tary about the challenges facing our public schools’’;
(12) the provision specifying $30,000 for Summer Camp
Opportunities Provide an Edge (SCOPE), New York, NY for
YMCA Camps Skycrest, Speers and Elijabar shall be deemed
to read ‘‘American Camping Association for Summer Camp
Opportunities Provide an Edge (SCOPE), New York, NY for
YMCA Camps Skycrest and Speers-Elijabar’’;
(13) the provision specifying $163,000 for Space Education
Initiatives, Green Bay, WI for the Wisconsin Space Science
Initiative shall be deemed to read ‘‘Space Education Initiatives,
De Pere, WI for the Wisconsin Space Science Initiative’’;
(14) the provision specifying $100,000 for Clarion County
Career Center, Shippenville, PA for curriculum development
shall be deemed to read ‘‘Clarion County Career Center,
Shippenville, PA for curriculum development, technology and/
or equipment’’;
(15) the provision specifying $100,000 for Central Pennsyl-
vania Institute of Science and Technology, Pleasant Gap, PA
for curriculum development shall be deemed to read ‘‘Central
Pennsylvania Institute of Science and Technology, Pleasant
Gap, PA for curriculum development, technology and/or equip-
ment’’;
(16) the provision specifying $100,000 for Forest Area High
School, Tionesta, PA, for curriculum development shall be
deemed to read ‘‘Forest Area High School, Tionesta, PA for
curriculum development, technology and/or equipment’’;
(17) the provision specifying $100,000 for Jersey Shore
High School, Jersey Shore, PA, for curriculum development
shall be deemed to read ‘‘Jersey Shore High School, Jersey
Shore, PA for curriculum development, technology and/or equip-
ment’’;
(18) the provision specifying $100,000 for Montgomery Area
School District, Montgomery, PA for curriculum development
shall be deemed to read ‘‘Montgomery Area School District,
Montgomery, PA for curriculum development, technology and/
or equipment’’;
(19) the provision specifying $100,000 for Southern Tioga
School District, Blossburg, PA for curriculum development shall
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be deemed to read ‘‘Southern Tioga School District, Blossburg,
PA for curriculum development, technology and/or equipment’’;
(20) the provision specifying $300,000 for Venango County
AVTS, Oil City, PA for curriculum development shall be deemed
to read ‘‘Venango County AVTS, Oil City, PA for curriculum
development, technology and/or equipment’’;
(21) the provision specifying $100,000 for Warren County
Career Center, Warren, PA, for curriculum development shall
be deemed to read ‘‘Warren County Career Center, Warren,
PA for curriculum development, technology and/or equipment’’;
and
(22) the provision specifying $100,000 for Wellsboro Area
School District, Wellsboro, PA, for curriculum development
shall be deemed to read ‘‘Wellsboro Area School District,
Wellsboro, PA for curriculum development, technology and/or
equipment’’.
TECHNICAL CORRECTIONS—FUND FOR THE IMPROVEMENT OF
POSTSECONDARY EDUCATION—FISCAL YEAR 2005
SEC. 6042. In the statement of the managers of the committee
of conference accompanying H.R. 4818 (Public Law 108–447; House
Report 108–792), in the matter in title III of division F, relating
to the Fund for the Improvement of Postsecondary Education under
the heading ‘‘Higher Education’’—
(1) the provision specifying $145,000 for the Belin-Blank
Center at the University of Iowa, Iowa City, IA for the Big
10 school initiative to improve minority student access to
Advanced Placement courses shall be deemed to read ‘‘Univer-
sity of Iowa, Iowa City, IA for the Iowa and Israel: Partners
in Excellence program to enhance math and science opportuni-
ties to rural Iowa students’’;
(2) the provision specifying $150,000 for Mercy College,
Dobbs Ferry, NY for the development of a registered nursing
program shall be deemed to read ‘‘Mercy College, Dobbs Ferry,
NY, for the development of a master’s degree program in
nursing education, including marketing and recruitment activi-
ties’’;
(3) the provision specifying $100,000 for University of
Alaska/Southeast to develop distance education coursework for
arctic engineering courses and programs shall be deemed to
read ‘‘University of Alaska System Office to develop distance
education coursework for arctic engineering courses and pro-
grams’’;
(4) the provision specifying $170,000 for Shippensburg
University Foundation, Shippensburg, PA, for the Center for
Land Use shall be deemed to read ‘‘Shippensburg University,
Shippensburg, PA, for the Center for Land Use’’; and
(5) the provision specifying $100,000 for Culver-Stockton
College, Canton, MO for equipment and technology shall be
deemed to read ‘‘Moberly Area Community College, Moberly,
MO for equipment and technology’’.
TECHNICAL CORRECTIONS—FUND FOR THE IMPROVEMENT OF
EDUCATION—FISCAL YEAR 2004
SEC. 6043. In the statement of the managers of the committee
of conference accompanying H.R. 2673 (Public Law 108–199; House
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Report 108–401), in the matter in title III of division E, relating
to the Fund for the Improvement of Education under the heading
‘‘Innovation and Improvement’’ the provision specifying $1,500,000
for the University of Alaska at Fairbanks for Alaska System for
Early Education Development (SEED) program to expand early
childhood services and to train Early Head Start teachers with
AAS degrees for positions in rural Alaska shall be deemed to
read ‘‘University of Alaska/Southeast in Juneau, AK, working with
the State of Alaska and Catholic Community Services, for the
Alaska System for Early Education Development (SEED) program
to expand early childhood services and to train Early Head Start
teachers with AAS degrees for positions in rural Alaska’’.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR GRANT
REVIEWS
SEC. 6044. The matter under the heading ‘‘Corporation for
National and Community Service—National and Community
Service Programs Operating Expenses’’ in title III of division I
of Public Law 108–447 is amended by inserting before the period
at the end the following: ‘‘: Provided further, That the Corporation
may use up to 1 percent of program grant funds made available
under this heading to defray its costs of conducting grant application
reviews, including the use of outside peer reviewers’’.
MEDICARE HEALTH CARE INFRASTRUCTURE IMPROVEMENT PROGRAM
SEC. 6045. (a) IN GENERAL.—Section 1897(c) of the Social Secu-
rity Act (42 U.S.C. 1395hhh(c)) is amended—
(1) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
inserting ‘‘or an entity described in paragraph (3)’’ after
‘‘means a hospital’’; and
(B) in subparagraph (B)—
(i) by inserting ‘‘legislature’’ after ‘‘State’’ the first
place it appears; and
(ii) by inserting ‘‘and such designation by the State
legislature occurred prior to December 8, 2003’’ before
the period at the end; and
(2) by adding at the end the following new paragraph:
‘‘(3) ENTITY DESCRIBED.—An entity described in this para-
graph is an entity that—
‘‘(A) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section
501(a) of such Code;
‘‘(B) has at least 1 existing memorandum of under-
standing or affiliation agreement with a hospital located
in the State in which the entity is located; and
‘‘(C) retains clinical outpatient treatment for cancer
on site as well as lab research and education and outreach
for cancer in the same facility.’’.
(b) LIMITATION ON REVIEW.—Section 1897 of the Social Security
Act (42 U.S.C. 1395hhh(c)) is amended by adding at the end the
following new subsection:
‘‘(i) LIMITATION ON REVIEW.—There shall be no administrative
or judicial review of any determination made by the Secretary
under this section.’’.
118 Stat. 3323.
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(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in the enactment of section 1016
of the Medicare Prescription Drug, Improvement, and Moderniza-
tion Act of 2003 (Public Law 108–173; 117 Stat. 2447).
APPLICATION PROCESSING AND ENFORCEMENT FEES
SEC. 6046. Section 286(s)(6) of the Immigration and Nationality
Act (8 U.S.C. 1356(s)(6)) is amended in the second sentence by
inserting ‘‘and section 212(a)(5)(A)’’ before the period at the end.
TECHNICAL CORRECTION—HIGHER EDUCATION
(INCLUDING RESCISSION OF FUNDS)
SEC. 6047. (a) RESCISSION.—Of the funds made available under
the heading ‘‘Higher Education’’ in title III of division F of Public
Law 108–447, $496,000 is rescinded, to be derived from the amount
provided pursuant to the last proviso under such heading for the
IWF Leadership Foundation, Washington, DC, for a scholarship
fund.
(b) APPROPRIATION.—The amount rescinded by subsection (a)
is appropriated for ‘‘General Services Administration—Operating
Expenses’’, for a grant to the IWF Leadership Foundation, Wash-
ington, DC, for a scholarship fund.
COPYRIGHT ROYALTY JUDGES
SEC. 6048. (a) The item relating to ‘‘LIBRARY OF CON-
GRESS—Copyright Office—salaries and expenses’’ in the Legisla-
tive Branch Appropriations Act, 2005 (Public Law 108–447; 118
Stat. 3187), is amended by striking the period at the end and
inserting the following: ‘‘: Provided further, That notwithstanding
any provision of chapter 8 of title 17, United States Code, any
amounts made available under this heading which are attributable
to royalty fees and payments received by the Copyright Office
pursuant to sections 111 and 119, and chapter 10 of such title
may be used for the costs incurred in the administration of the
Copyright Royalty Judges program during any portion of fiscal
year 2005 in which such program is in effect.’’.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of the Legislative Branch Appropria-
tions Act, 2005.
CAPITOL VISITOR CENTER
SEC. 6049. (a) The item relating to ‘‘Architect of the Capitol—
Capitol Visitor Center’’ in the Legislative Branch Appropriations
Act, 2002 (Public Law 107–68; 115 Stat. 588), is amended by
striking ‘‘chair and ranking minority member of the’’.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of the Legislative Branch Appropria-
tions Act, 2002.
TECHNICAL CORRECTION
SEC. 6050. Notwithstanding any other provision of law, unex-
pended and unobligated funds appropriated by Public Law 108–
7 to the accounts under the heading ‘‘SENATE’’ relating to Legisla-
tive Branch appropriations shall remain available without fiscal
Effective date.
Effective date.
42 USC 1395hhh
note.
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year limitation: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
TECHNICAL CORRECTIONS—NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION—FISCAL YEAR 2005
SEC. 6051. The referenced statement of managers under the
heading ‘‘National Oceanic and Atmospheric Administration’’ in title
II of division B of Public Law 108–447 is deemed to be amended
after ‘‘Bonneau Ferry, SC’’ by striking ‘‘20,000’’ and inserting
‘‘19,200’’ in the ‘‘Procurement, Acquisition and Construction’’
account: Provided, That the difference in these amounts are avail-
able for transfer to the ‘‘Operations, Research, and Facilities’’
account for ‘‘Response and Restoration Base’’.
SEC. 6052. The referenced statement of managers under the
heading ‘‘National Oceanic and Atmospheric Administration’’ in title
II of division B of Public Law 108–447 is deemed to be amended
under the heading ‘‘Construction/Acquisition, Coastal and Estuarine
Land Conservation Program’’ by striking ‘‘Tonner Canyon, CA’’ and
inserting ‘‘Tolay Lake, Sonoma County, CA’’.
SEC. 6053. The referenced statement of managers under the
heading ‘‘National Oceanic and Atmospheric Administration’’ in title
II of division B of Public Law 108–447 is deemed to be amended
under the heading ‘‘Construction/Acquisition, Coastal and Estuarine
Land Conservation Program’’ by striking ‘‘Port Aransas Nature
Preserve Wetlands Project, TX—3,000’’ and under the heading ‘‘Sec-
tion 2 (FWCA) Coastal/Estuarine Land Acquisition’’ by inserting
‘‘Port Aransas Nature Preserve Wetlands Project, TX—3,000’’.
SMALL BUSINESS ADMINISTRATION—TECHNICAL CORRECTIONS
SEC. 6054. Section 621 of title VI of division B of Public Law
108–199 is amended by striking ‘‘of passenger, cargo and other
aviation services’’.
SEC. 6055. Section 619(a) of title VI of division B of Public
Law 108–447 is amended by striking ‘‘Asheville-Buncombe Tech-
nical Community College’’ and inserting ‘‘the International Small
Business Institute’’.
SEC. 6056. (a) Section 619(a) of title VI of division B of Public
Law 108–447 is amended by striking ‘‘for the continued moderniza-
tion of the Mason Building’’.
(b) Section 621 of title VI of division B of Public Law 108–
199, as amended by Public Law 108–447, is amended by striking
‘‘, for the continued modernization of the Mason Building’’.
SEC. 6057. (a) Section 633 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropria-
tions Act, 2001 (as enacted into law by Public Law 106–553) and
section 629 of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 2002
(Public Law 107–77) are each amended by striking ‘‘NTTC at
Wheeling Jesuit University’’ and inserting ‘‘West Virginia High
Technology Consortium Foundation’’.
(b) The amendments made by subsection (a) shall apply to
the remaining balances of the grants involved.
Applicability.
114 Stat.
2762A–112,
115 Stat. 804.
118 Stat. 2919.
118 Stat. 2916.
118 Stat. 96.
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TECHNICAL CORRECTION—BANKRUPTCY
SEC. 6058. (a) Section 325 of the Bankruptcy Abuse Prevention
and Consumer Protection Act of 2005 is amended to read as follows:
‘‘SEC. 325. UNITED STATES TRUSTEE PROGRAM FILING FEE INCREASE.
‘‘(a) BANKRUPTCY FILING FEES.—Section 1930(a) of title 28,
United States Code, is amended—
‘‘(1) by striking paragraph (1) and inserting the following:
‘‘ ‘(1) For a case commenced under—
‘‘ ‘(A) chapter 7 of title 11, $220, and
‘‘ ‘(B) chapter 13 of title 11, $150.’; and
‘‘(2) in paragraph (3), by striking ‘$800’ and inserting
‘$1,000’.
‘‘(b) UNITED STATES TRUSTEE SYSTEM FUND.—Section 589a(b)
of title 28, United States Code, is amended—
‘‘(1) by striking paragraph (1) and inserting the following:
‘‘ ‘(1)(A) 40.46 percent of the fees collected under section
1930(a)(1)(A); and
‘‘ ‘(B) 28.33 percent of the fees collected under section
1930(a)(1)(B);’; and
‘‘(2) in paragraph (2), by striking ‘one-half’ and inserting
‘55 percent’.
‘‘(c) COLLECTIONS
AND DEPOSITS
OF MISCELLANEOUS BANK-
RUPTCY FEES.—Section 406(b) of the Judiciary Appropriations Act,
1990 (28 U.S.C. 1931 note) is amended by striking ‘pursuant to
28 U.S.C. section 1930(b)’ and all that follows through ‘28 U.S.C.
section 1931’ and inserting ‘under section 1930(b) of title 28, United
States Code, 28.87 percent of the fees collected under section
1930(a)(1)(A) of that title, 35.00 percent of the fees collected under
section 1930(a)(1)(B) of that title, and 25 percent of the fees collected
under section 1930(a)(3) of that title shall be deposited as offsetting
receipts to the fund established under section 1931 of that title’.’’.
(b) This section and the amendment made by this section
shall take effect immediately after the enactment of the Bankruptcy
Abuse Prevention and Consumer Protection Act of 2005.
DEPARTMENT OF COMMERCE—CONFERENCE
SEC. 6059. Within the amount provided for the Department
of Commerce in division B of Public Law 108–447, the Secretary
of Commerce shall convene a national conference on science, tech-
nology, trade and manufacturing.
TECHNICAL CORRECTION—9/11 HEROES
SEC. 6060. Subsection (d) of the section 124 that appears under
the item relating to ‘‘General Provisions—Department of Justice’’
of the Consolidated Appropriations Act of 2005 (Public Law 108–
447) is amended—
(1) in paragraph (2), by striking ‘‘with the Secretary of
the Treasury to prepare and strike, on a reimbursable basis,’’
and inserting ‘‘for striking’’; and
(2) by striking paragraph (3).
TECHNICAL CORRECTIONS—DEPARTMENT OF TRANSPORTATION
SEC. 6061. The matter under the heading ‘‘Federal Transit
Administration, Capital Investment Grants’’ in title I of division
31 USC 5111
note.
Effective date.
28 USC 589a
note.
Ante, p. 98.
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PUBLIC LAW 109–13—MAY 11, 2005
H of Public Law 108–447 is amended by striking ‘‘$3,591,548’’
and inserting ‘‘$1,362,683’’ and by striking ‘‘$22,554,144’’ and
inserting ‘‘$12,998,815’’: Provided, That the amount of new fixed
guideway funds available for each project expected to complete
its full funding grant agreement this fiscal year shall not exceed
the amount which, when reduced by the across-the-board rescission
of 0.80 percent of such Act, is equal to the amount of new fixed
guideway funds required to complete the commitment of Federal
new fixed guideway funds reflected in the project’s full funding
grant agreement: Provided further, That of the new fixed guideway
funds available in Public Law 108–447, $1,352,899 shall be available
for the Northern New Jersey Newark Rail Link MOS 1 project,
no funds shall be available for the Northern New Jersey Newark-
Elizabeth Rail Line MOS 1 project, and $316,427 shall be available
for the Northern New Jersey Hudson-Bergen Light Rail MOS 1
project.
SEC. 6062. Notwithstanding any other provision of law, in sec-
tion 1602 of the Transportation Equity Act for the 21st Century,
item number 744 is amended by striking ‘‘Preliminary design of
Route 2 Connector to Downtown Fitchburg’’ and inserting ‘‘design,
construction/reconstruction and right of way acquisition for roadway
improvements along the Route 12 corridor in Leominster and Fitch-
burg to enhance access from Route 2 to North Leominster and
Downtown Fitchburg’’.
SEC. 6063. Section 198 of division H of Public Law 108–447
is amended by inserting ‘‘under title 23 of the United States Code’’
after ‘‘law’’.
PAYMENTS TO AIR CARRIERS
SEC. 6064. Notwithstanding any other provision of law, for
the current fiscal year and any period covered by an Act making
continuing appropriations for fiscal year 2006, all overflight fees
collected and credited to the account established under section
45303(a) of title 49, United States Code, shall be made available
immediately for obligation and expenditure to meet the costs of
the essential air service program under 49 U.S.C. 41731 through
41742: Provided, That, if the funds in this account are insufficient
to meet the costs of the essential air service program in such
fiscal year, the Secretary of Transportation shall transfer such
sums as may be necessary to carry out the essential air service
program from any available amounts appropriated to or directly
administered by the Office of the Secretary for such fiscal year.
MARITIME ADMINISTRATION
SEC. 6065. No provision of this Act may be construed as altering
or amending the force or effect of any of the following provisions
of law as currently applied:
(1) Sections 2631 and 2631a of title 10, United States
Code.
(2) Sections 901(b) and 901b of the Merchant Marine Act,
1936 (46 U.S.C. App. 1241(b), 1241f).
(3) Public Resolution Numbered 17, Seventy-third Congress
(48 Stat. 500).
(4) Any other similar provision of law requiring the use
of privately owned United States flag commercial vessels for
certain transportation purposes of the United States.
118 Stat. 3235.
112 Stat. 256.
118 Stat. 3224.
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PUBLIC LAW 109–13—MAY 11, 2005
THE JUDICIARY
SEC. 6066. Section 308 of division B of Public Law 108–447
is amended by striking all after the words ‘‘shall be deposited’’,
and inserting ‘‘as offsetting receipts to the fund established under
28 U.S.C. 1931 and shall remain available to the Judiciary until
expended to reimburse any appropriation for the amount paid out
of such appropriation for expenses of the Courts of Appeals, District
Courts, and Other Judicial Services and the Administrative Offices
of the United States Courts.’’.
TECHNICAL CORRECTIONS—GENERAL SERVICES ADMINISTRATION
SEC. 6067. Under the heading ‘‘Federal Buildings Fund’’ in
title IV of division H of Public Law 108–447, strike ‘‘$60,000,000’’
and insert in lieu thereof ‘‘$60,600,000’’ in reference to the Las
Cruces United States Courthouse.
SEC. 6068. Section 408 in title IV of division H of Public
Law 108–447 is amended by striking ‘‘Section 572(a)(2)(ii)’’ and
inserting in lieu thereof ‘‘Section 572(a)(2)(A)(ii)’’.
TECHNICAL CORRECTIONS—DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
SEC. 6069. (a) The referenced statement of the managers under
the heading ‘‘Community Development Fund’’ in title II of division
I of Public Law 108–447 is deemed to be amended—
(1) with respect to item 230 by striking ‘‘City’’ and inserting
‘‘Port’’;
(2) with respect to item 233 by inserting ‘‘Port of’’ before
the words ‘‘Brookings Harbor’’; and
(3) with respect to item number 30 by inserting ‘‘to be
used for planning, design, and construction’’ after ‘‘California,’’.
SEC. 6070. The referenced statement of managers under the
heading ‘‘Community Development Fund’’ in title II of division
K of Public Law 108–7 is deemed to be amended—
(1) with respect to item number 39 by striking ‘‘Conference
and Workforce Center in Harrison, Arkansas’’ and inserting
‘‘in Harrison, Arkansas for facilities construction of the North
Arkansas College Health Sciences Education Center’’; and
(2) with respect to item number 316 by striking ‘‘for renova-
tion of a visitor center to accommodate a Space and Flight
Center’’ and inserting ‘‘to build-out the Prince George’s County
Economic Development and Business Assistance Center’’.
SEC. 6071. The referenced statement of the managers under
the heading ‘‘Community Development Fund’’ in title II of division
G of Public Law 108–199 is deemed to be amended—
(1) with respect to item number 56 by striking ‘‘Conference
and Training Center’’ and inserting ‘‘North Arkansas College
Health Sciences Education Center’’;
(2) with respect to item number 102 by striking ‘‘to the
Town of Groveland, California for purchase of a youth center’’
and inserting ‘‘to the County of Tuolomne for the purchase
of a new youth center in the mountain community of Grove-
land’’;
(3) with respect to item number 218 by striking ‘‘for
construction’’ and inserting ‘‘for design and engineering’’;
40 USC 572.
118 Stat. 3253.
28 USC 331 note.
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PUBLIC LAW 109–13—MAY 11, 2005
(4) with respect to item number 472 by striking ‘‘for side-
walk, curbs and facade improvements in the Morton Avenue
neighborhood’’ and inserting ‘‘for streetscape renovation’’;
(5) with respect to item number 493 by striking ‘‘for land
acquisition’’ and inserting ‘‘for planning and design of its Sports
and Recreation Center and Education Complex’’;
(6) with respect to item number 122 by inserting ‘‘to be
used for planning, design, and construction’’ after ‘‘California,’’;
(7) with respect to item number 369 by striking ‘‘for the’’
after ‘‘Michigan’’ and inserting ‘‘to be used for planning, design,
and construction of the’’; and
(8) with respect to item number 450 by striking
‘‘V.I.C.T.E.M. Family Center in Washoe County, Nevada for
the construction of a facility for multi-purpose social services
referral and victim counseling;’’ and inserting ‘‘Washoe County,
Nevada for a facility and equipment for the SART/CARES
victim programs;’’.
SEC. 6072. The referenced statement of the managers under
the heading ‘‘Community Development Fund’’ in title II of division
I of Public Law 108–447 is deemed to be amended as follows—
(1) with respect to item number 706 by striking ‘‘a public
swimming pool’’ and inserting ‘‘recreation fields’’;
(2) with respect to item number 667 by striking ‘‘to the
Town of Appomattox, Virginia for facilities construction of an
African-American cultural and heritage museum at the Carver-
Price building’’ and inserting ‘‘to the County of Appomattox,
Virginia for renovation of the Carver-Price building’’;
(3) with respect to item number 668 by striking ‘‘for the
Town of South Boston, Virginia for renovations and creation
of a community arts center at the Prizery’’ and inserting ‘‘for
The Prizery in South Boston, Virginia for renovations and
creation of a community arts center’’;
(4) with respect to item number 669 by striking ‘‘for the
City of Moneta, Virginia for facilities construction and renova-
tions of an art, education, and community outreach center’’
and inserting ‘‘for the Moneta Arts, Education, and Community
Outreach Center in Moneta, Virginia for facilities construction
and renovations’’;
(5) with respect to item number 910 by striking ‘‘repairs
to’’ and inserting ‘‘renovation and construction of’’;
(6) with respect to item number 902 by striking ‘‘City
of Brooklyn’’ and inserting ‘‘Fifth Ave Committee in Brooklyn’’;
and
(7) with respect to item number 244 by inserting ‘‘Historic’’
before the words ‘‘Village, Inc’’.
SEC. 6073. (a) Section 222 of title II of division I of Public
Law 108–447 is deleted; and
(b) Section 203(c)(1) of the National Housing Act (12 U.S.C.
1709(c)) is amended by—
(1) striking ‘‘subsections’’ and inserting ‘‘subsection’’, and
(2) striking ‘‘or (k)’’ each place that it appears.
SEC. 6074. Section 255(g) of the National Housing Act (12
U.S.C. 1715z–20(g)) is amended by striking ‘‘150,000’’ and inserting
‘‘250,000’’.
SEC. 6075. The matter under the heading relating to ‘‘PUBLIC
AND INDIAN HOUSING—PUBLIC HOUSING CAPITAL FUND’’ in title II
of the Departments of Veterans Affairs and Housing and Urban
12 USC 1709.
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Development, and Independent Agencies Appropriations Act, 2005
(enacted as division I of the Consolidated Appropriations Act, 2005
(Public Law 108–447; 118 Stat. 3297)) is amended by striking
the 8th proviso and inserting the following: ‘‘: Provided further,
That up to $3,000,000 is to support the costs of administrative
and judicial receiverships’’.
PREPACKAGED NEWS
SEC. 6076. Unless otherwise authorized by existing law, none
of the funds provided in this Act or any other Act, may be used
by an executive branch agency to produce any prepackaged news
story intended for broadcast or distribution in the United States
unless the story includes a clear notification within the text or
audio of the prepackaged news story that the prepackaged news
story was prepared or funded by that executive branch agency.
LOCAL BUDGET AUTHORITY FOR THE DISTRICT OF COLUMBIA
SEC. 6077. The District of Columbia Appropriations Act, 2005
(Public Law 108–335) approved October 18, 2004, is amended as
follows:
(1) Section 331 is amended as follows:
(A) in the first sentence by striking ‘‘$15,000,000’’ and
inserting ‘‘$42,000,000, to remain available until expended,’’
in its place, and
(B) by amending subsection (5) to read as follows:
‘‘(5) The amounts may be obligated or expended only if
the Mayor notifies the Committees on Appropriations of the
House of Representatives and Senate in writing 30 days in
advance of any obligation or expenditure.’’.
(2) By inserting a new section before the short title at
the end to read as follows:
‘‘SEC. 348. The amount appropriated by this Act may be
increased by an additional amount of $206,736,000 (including
$49,927,000 from local funds and $156,809,000 from other funds)
to be transferred by the Mayor of the District of Columbia to
the various headings under this Act as follows:
‘‘(1) $174,927,000 (including $34,927,000 from local funds
and $140,000,000 from other funds) shall be transferred under
the heading ‘Government Direction and Support’: Provided,
That of the funds, $33,000,000 from local funds shall remain
available until expended: Provided further, That of the funds,
$140,000,000 from other funds shall remain available until
expended and shall only be available in conjunction with rev-
enue from a private or alternative financing proposal approved
pursuant to section 106 of DC Act 15–717, the ‘Ballpark Omni-
bus Financing and Revenue Act of 2004’ approved by the Dis-
trict of Columbia, December 29, 2004, and
‘‘(2) $15,000,000 from local funds shall be transferred under
the heading ‘Repayment of Loans and Interest’, and
‘‘(3) $14,000,000 from other funds shall be transferred
under the heading ‘Sports and Entertainment Commission’,
and
‘‘(4) $2,809,000 from other funds shall be transferred under
the heading ‘Water and Sewer Authority’.’’.
118 Stat. 1353.
118 Stat. 1345.
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USE OF FUNDS FOR EMERGENCY PREPAREDNESS CENTERS
SEC. 6078. Section 114 of title I of division I of the Consolidated
Appropriations Act, 2005 (Public Law 108–447) is amended by
inserting before the period ‘‘and section 303 of Public Law 108–
422’’.
COLLECTIONS DEPOSITED INTO PROJECT CONSTRUCTION ACCOUNTS
SEC. 6079. Section 117 of title I of division I of the Consolidated
Appropriations Act, 2005 (Public Law 108–447) is amended by
striking ‘‘that are deposited into the Medical Care Collections Fund
may be transferred and merged with’’ and inserting ‘‘may be depos-
ited into the’’.
CONTRACTS FOR HOSPITAL CARE AND MEDICAL SERVICES
SEC. 6080. Section 1703(d)(2) of title 38, United States Code,
is amended by striking ‘‘shall be available for the purposes’’ and
inserting ‘‘shall be available, without fiscal year limitation, for
the purposes’’.
IMPLEMENTATION OF MISSION CHANGES AT SPECIFIC VETERANS
HEALTH ADMINISTRATION FACILITIES
SEC. 6081. (a) IN GENERAL.—Section 414 of the Veterans Health
Programs Improvement Act of 2004, is amended by adding at the
end the following:
‘‘(h) DEFINITION.—In this section, the term ‘medical center’
includes any outpatient clinic.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect as if included in the Veterans Health Programs
Improvement Act of 2004 (Public Law 108–422).
This division may be cited as the ‘‘Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005’’.
DIVISION B—REAL ID ACT OF 2005
SECTION 1. SHORT TITLE.
This division may be cited as the ‘‘REAL ID Act of 2005’’.
TITLE I—AMENDMENTS TO FEDERAL
LAWS TO PROTECT AGAINST TER-
RORIST ENTRY
SEC. 101. PREVENTING TERRORISTS FROM OBTAINING RELIEF FROM
REMOVAL.
(a) CONDITIONS FOR GRANTING ASYLUM.—Section 208(b)(1) of
the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)) is
amended—
(1) by striking ‘‘The Attorney General’’ the first place such
term appears and inserting the following:
‘‘(A) ELIGIBILITY.—The Secretary of Homeland Security
or the Attorney General’’;
8 USC 1101 note.
REAL ID Act
of 2005.
118 Stat. 2391.
118 Stat. 3293.
118 Stat. 3293.
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(2) by striking ‘‘the Attorney General’’ the second and third
places such term appears and inserting ‘‘the Secretary of Home-
land Security or the Attorney General’’; and
(3) by adding at the end the following:
‘‘(B) BURDEN OF PROOF.—
‘‘(i) IN GENERAL.—The burden of proof is on the
applicant to establish that the applicant is a refugee,
within the meaning of section 101(a)(42)(A). To estab-
lish that the applicant is a refugee within the meaning
of such section, the applicant must establish that race,
religion, nationality, membership in a particular social
group, or political opinion was or will be at least one
central reason for persecuting the applicant.
‘‘(ii) SUSTAINING BURDEN.—The testimony of the
applicant may be sufficient to sustain the applicant’s
burden without corroboration, but only if the applicant
satisfies the trier of fact that the applicant’s testimony
is credible, is persuasive, and refers to specific facts
sufficient to demonstrate that the applicant is a ref-
ugee. In determining whether the applicant has met
the applicant’s burden, the trier of fact may weigh
the credible testimony along with other evidence of
record. Where the trier of fact determines that the
applicant should provide evidence that corroborates
otherwise credible testimony, such evidence must be
provided unless the applicant does not have the evi-
dence and cannot reasonably obtain the evidence.
‘‘(iii) CREDIBILITY
DETERMINATION.—Considering
the totality of the circumstances, and all relevant fac-
tors, a trier of fact may base a credibility determination
on the demeanor, candor, or responsiveness of the
applicant or witness, the inherent plausibility of the
applicant’s or witness’s account, the consistency
between the applicant’s or witness’s written and oral
statements (whenever made and whether or not under
oath, and considering the circumstances under which
the statements were made), the internal consistency
of each such statement, the consistency of such state-
ments with other evidence of record (including the
reports of the Department of State on country condi-
tions), and any inaccuracies or falsehoods in such state-
ments, without regard to whether an inconsistency,
inaccuracy, or falsehood goes to the heart of the
applicant’s claim, or any other relevant factor. There
is no presumption of credibility, however, if no adverse
credibility determination is explicitly made, the
applicant or witness shall have a rebuttable presump-
tion of credibility on appeal.’’.
(b) 
EXCEPTIONS
TO
ELIGIBILITY
FOR
ASYLUM.—Section
208(b)(2)(A)(v) of the Immigration and Nationality Act (8 U.S.C.
1158(b)(2)(A)(v)) is amended—
(1) by striking ‘‘inadmissible under’’ each place such term
appears and inserting ‘‘described in’’; and
(2) by striking ‘‘removable under’’.
(c) WITHHOLDING
OF
REMOVAL.—Section 241(b)(3) of the
Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is amended
by adding at the end the following:
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‘‘(C) SUSTAINING BURDEN OF PROOF; CREDIBILITY DETER-
MINATIONS.—In determining whether an alien has dem-
onstrated that the alien’s life or freedom would be threat-
ened 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 deter-
minations, in the manner described in clauses (ii) and
(iii) of section 208(b)(1)(B).’’.
(d) OTHER REQUESTS
FOR RELIEF FROM REMOVAL.—Section
240(c) of the Immigration and Nationality Act (8 U.S.C. 1230(c))
is amended—
(1) by redesignating paragraphs (4), (5), and (6) as para-
graphs (5), (6), and (7), respectively; and
(2) by inserting after paragraph (3) the following:
‘‘(4) APPLICATIONS FOR RELIEF FROM REMOVAL.—
‘‘(A) IN
GENERAL.—An alien applying for relief or
protection from removal has the burden of proof to establish
that the alien—
‘‘(i) satisfies the applicable eligibility requirements;
and
‘‘(ii) with respect to any form of relief that is
granted in the exercise of discretion, that the alien
merits a favorable exercise of discretion.
‘‘(B) SUSTAINING BURDEN.—The applicant must comply
with the applicable requirements to submit information
or documentation in support of the applicant’s application
for relief or protection as provided by law or by regulation
or in the instructions for the application form. In evaluating
the testimony of the applicant or other witness in support
of the application, the immigration judge will determine
whether or not the testimony is credible, is persuasive,
and refers to specific facts sufficient to demonstrate that
the applicant has satisfied the applicant’s burden of proof.
In determining whether the applicant has met such burden,
the immigration judge shall weigh the credible testimony
along with other evidence of record. Where the immigration
judge determines that the applicant should provide evi-
dence which corroborates otherwise credible testimony,
such evidence must be provided unless the applicant dem-
onstrates that the applicant does not have the evidence
and cannot reasonably obtain the evidence.
‘‘(C) CREDIBILITY
DETERMINATION.—Considering the
totality of the circumstances, and all relevant factors, the
immigration judge may base a credibility determination
on the demeanor, candor, or responsiveness of the applicant
or witness, the inherent plausibility of the applicant’s or
witness’s account, the consistency between the applicant’s
or witness’s written and oral statements (whenever made
and whether or not under oath, and considering the cir-
cumstances under which the statements were made), the
internal consistency of each such statement, the consistency
of such statements with other evidence of record (including
the reports of the Department of State on country condi-
tions), and any inaccuracies or falsehoods in such state-
ments, without regard to whether an inconsistency, inaccu-
racy, or falsehood goes to the heart of the applicant’s claim,
or any other relevant factor. There is no presumption of
8 USC 1229a.
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credibility, however, if no adverse credibility determination
is explicitly made, the applicant or witness shall have
a rebuttable presumption of credibility on appeal.’’.
(e) STANDARD OF REVIEW FOR ORDERS OF REMOVAL.—Section
242(b)(4) of the Immigration and Nationality Act (8 U.S.C.
1252(b)(4)) is amended by adding at the end, after subparagraph
(D), the following: ‘‘No court shall reverse a determination made
by a trier of fact with respect to the availability of corroborating
evidence, as described in section 208(b)(1)(B), 240(c)(4)(B), or
241(b)(3)(C), unless the court finds, pursuant to section 242(b)(4)(B),
that a reasonable trier of fact is compelled to conclude that such
corroborating evidence is unavailable.’’.
(f) CLARIFICATION OF DISCRETION.—Section 242(a)(2)(B) of the
Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) is
amended—
(1) by inserting ‘‘or the Secretary of Homeland Security’’
after ‘‘Attorney General’’ each place such term appears; and
(2) in the matter preceding clause (i), by inserting ‘‘and
regardless of whether the judgment, decision, or action is made
in removal proceedings,’’ after ‘‘other provision of law,’’.
(g) REMOVAL OF CAPS.—
(1) ASYLEES.—Section 209 of the Immigration and Nation-
ality Act (8 U.S.C. 1159) is amended—
(A) in subsection (a)(1)—
(i) by striking ‘‘Service’’ and inserting ‘‘Department
of Homeland Security’’; and
(ii) by striking ‘‘Attorney General’’ each place such
term appears and inserting ‘‘Secretary of Homeland
Security or the Attorney General’’;
(B) in subsection (b)—
(i) by striking ‘‘Not more’’ and all that follows
through ‘‘asylum who—’’ and inserting ‘‘The Secretary
of Homeland Security or the Attorney General, in the
Secretary’s or the Attorney General’s discretion and
under such regulations as the Secretary or the Attorney
General may prescribe, may adjust to the status of
an alien lawfully admitted for permanent residence
the status of any alien granted asylum who—’’; and
(ii) in the matter following paragraph (5), by
striking ‘‘Attorney General’’ and inserting ‘‘Secretary
of Homeland Security or the Attorney General’’; and
(C) in subsection (c), by striking ‘‘Attorney General’’
and inserting ‘‘Secretary of Homeland Security or the
Attorney General’’.
(2) PERSONS
RESISTING
COERCIVE
POPULATION
CONTROL
METHODS.—Section 207(a) of the Immigration and Nationality
Act (8 U.S.C. 1157(a)) is amended by striking paragraph (5).
(h) EFFECTIVE DATES.—
(1) The amendments made by paragraphs (1) and (2) of
subsection (a) shall take effect as if enacted on March 1, 2003.
(2) The amendments made by subsections (a)(3), (b), (c),
and (d) shall take effect on the date of the enactment of this
division and shall apply to applications for asylum, withholding,
or other relief from removal made on or after such date.
(3) The amendment made by subsection (e) shall take effect
on the date of the enactment of this division and shall apply
8 USC 1252 note.
8 USC 1158 note.
Applicability.
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PUBLIC LAW 109–13—MAY 11, 2005
to all cases in which the final administrative removal order
is or was issued before, on, or after such date.
(4) The amendments made by subsection (f) shall take
effect on the date of the enactment of this division and shall
apply to all cases pending before any court on or after such
date.
(5) The amendments made by subsection (g) shall take
effect on the date of the enactment of this division.
(i) REPEAL.—Section 5403 of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (Public Law 108–458) is repealed.
SEC. 102. WAIVER OF LEGAL REQUIREMENTS NECESSARY FOR
IMPROVEMENT OF BARRIERS AT BORDERS; FEDERAL
COURT REVIEW.
Section 102(c) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended to
read as follows:
‘‘(c) WAIVER.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, the Secretary of Homeland Security shall have the
authority to waive all legal requirements such Secretary, in
such Secretary’s sole discretion, determines necessary to ensure
expeditious construction of the barriers and roads under this
section. Any such decision by the Secretary shall be effective
upon being published in the Federal Register.
‘‘(2) FEDERAL COURT REVIEW.—
‘‘(A) IN GENERAL.—The district courts of the United
States shall have exclusive jurisdiction to hear all causes
or claims arising from any action undertaken, or any deci-
sion made, by the Secretary of Homeland Security pursuant
to paragraph (1). A cause of action or claim may only
be brought alleging a violation of the Constitution of the
United States. The court shall not have jurisdiction to
hear any claim not specified in this subparagraph.
‘‘(B) TIME FOR FILING OF COMPLAINT.—Any cause or
claim brought pursuant to subparagraph (A) shall be filed
not later than 60 days after the date of the action or
decision made by the Secretary of Homeland Security. A
claim shall be barred unless it is filed within the time
specified.
‘‘(C) ABILITY TO SEEK APPELLATE REVIEW.—An inter-
locutory or final judgment, decree, or order of the district
court may be reviewed only upon petition for a writ of
certiorari to the Supreme Court of the United States.’’.
SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TERRORIST-
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 pre-
cedes the final sentence is amended to read as follows:
‘‘(i) IN GENERAL.—Any alien who—
‘‘(I) has engaged in a terrorist activity;
‘‘(II) a consular officer, the Attorney General,
or the Secretary of Homeland Security knows, or
has reasonable ground to believe, is engaged in
or is likely to engage after entry in any terrorist
activity (as defined in clause (iv));
Deadline.
Federal Register,
publication.
Effective date.
118 Stat. 3737.
8 USC 1157 note.
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‘‘(III) has, under circumstances indicating an
intention to cause death or serious bodily harm,
incited terrorist activity;
‘‘(IV) is a representative (as defined in clause
(v)) of—
‘‘(aa) a terrorist organization (as defined
in clause (vi)); or
‘‘(bb) a political, social, or other group that
endorses or espouses terrorist activity;
‘‘(V) is a member of a terrorist organization
described in subclause (I) or (II) of clause (vi);
‘‘(VI) is a member of a terrorist organization
described in clause (vi)(III), unless the alien can
demonstrate by clear and convincing evidence that
the alien did not know, and should not reasonably
have known, that the organization was a terrorist
organization;
‘‘(VII) endorses or espouses terrorist activity
or persuades others to endorse or espouse terrorist
activity or support a terrorist organization;
‘‘(VIII) has received military-type training (as
defined in section 2339D(c)(1) of title 18, United
States Code) from or on behalf of any organization
that, at the time the training was received, was
a terrorist organization (as defined in clause (vi));
or
‘‘(IX) is the spouse or child of an alien who
is inadmissible under this subparagraph, if the
activity causing the alien to be found inadmissible
occurred within the last 5 years, is inadmissible.’’.
(b) 
ENGAGE
IN
TERRORIST
ACTIVITY
DEFINED.—Section
212(a)(3)(B)(iv) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(iv)) is amended to read as follows:
‘‘(iv) ENGAGE IN TERRORIST ACTIVITY DEFINED.—
As used in this Act, the term ‘engage in terrorist
activity’ means, in an individual capacity or as a
member of an organization—
‘‘(I) to commit or to incite to commit, under
circumstances indicating an intention to cause
death or serious bodily injury, a terrorist activity;
‘‘(II) to prepare or plan a terrorist activity;
‘‘(III) to gather information on potential tar-
gets for terrorist activity;
‘‘(IV) to solicit funds or other things of value
for—
‘‘(aa) a terrorist activity;
‘‘(bb) a terrorist organization described in
clause (vi)(I) or (vi)(II); or
‘‘(cc) a terrorist organization described in
clause (vi)(III), unless the solicitor can dem-
onstrate by clear and convincing evidence that
he did not know, and should not reasonably
have known, that the organization was a ter-
rorist organization;
‘‘(V) to solicit any individual—
‘‘(aa) to engage in conduct otherwise
described in this subsection;
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‘‘(bb) for membership in a terrorist
organization described in clause (vi)(I) or
(vi)(II); or
‘‘(cc) 
for 
membership 
in 
a 
terrorist
organization described in clause (vi)(III) unless
the solicitor can demonstrate by clear and con-
vincing evidence that he did not know, and
should not reasonably have known, that the
organization was a terrorist organization; or
‘‘(VI) to commit an act that the actor knows,
or reasonably should know, affords material sup-
port, including a safe house, transportation,
communications, funds, transfer of funds or other
material financial benefit, false documentation or
identification, 
weapons 
(including 
chemical,
biological, or radiological weapons), explosives, or
training—
‘‘(aa) for the commission of a terrorist
activity;
‘‘(bb) to any individual who the actor
knows, or reasonably should know, has com-
mitted or plans to commit a terrorist activity;
‘‘(cc) to a terrorist organization described
in subclause (I) or (II) of clause (vi) or to
any member of such an organization; or
‘‘(dd) to a terrorist organization described
in clause (vi)(III), or to any member of such
an organization, unless the actor can dem-
onstrate by clear and convincing evidence that
the actor did not know, and should not reason-
ably have known, that the organization was
a terrorist organization.’’.
(c) TERRORIST ORGANIZATION DEFINED.—Section 212(a)(3)(B)(vi)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))
is amended to read as follows:
‘‘(vi) TERRORIST ORGANIZATION DEFINED.—As used
in this section, the term ‘terrorist organization’ means
an organization—
‘‘(I) designated under section 219;
‘‘(II) otherwise designated, upon publication
in the Federal Register, by the Secretary of State
in consultation with or upon the request of the
Attorney General or the Secretary of Homeland
Security, as a terrorist organization, after finding
that the organization engages in the activities
described in subclauses (I) through (VI) of clause
(iv); or
‘‘(III) that is a group of two or more individ-
uals, whether organized or not, which engages in,
or has a subgroup which engages in, the activities
described in subclauses (I) through (VI) of clause
(iv).’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this division,
and these amendments, and section 212(a)(3)(B) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(B)), as amended by this
section, shall apply to—
Applicability.
8 USC 1182 note.
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(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 inadmis-
sibility, excludability, deportation, or removal occurring or
existing before, on, or after such date.
SEC. 104. WAIVER FOR CERTAIN GROUNDS OF INADMISSIBILITY.
Section 212(d)(3) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(3)) is amended—
(1) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’;
(2) by striking ‘‘alien (A)’’ and inserting ‘‘alien (i)’’;
(3) by striking ‘‘or (B)’’ and inserting ‘‘or (ii)’’; and
(4) by adding at the end the following:
‘‘(B)(i) The Secretary of State, after consultation with the
Attorney General and the Secretary of Homeland Security, or the
Secretary of Homeland Security, after consultation with the Sec-
retary of State and the Attorney General, may conclude in such
Secretary’s 
sole 
unreviewable 
discretion 
that 
subsection
(a)(3)(B)(i)(IV)(bb) or (a)(3)(B)(i)(VII) shall not apply to an alien,
that subsection (a)(3)(B)(iv)(VI) shall not apply with respect to
any material support an alien afforded to an organization or indi-
vidual that has engaged in a terrorist activity, or that subsection
(a)(3)(B)(vi)(III) shall not apply to a group solely by virtue of having
a subgroup within the scope of that subsection. The Secretary
of State may not, however, exercise discretion under this clause
with respect to an alien once removal proceedings against the
alien are instituted under section 240.
‘‘(ii) Not later than 90 days after the end of each fiscal year,
the Secretary of State and the Secretary of Homeland Security
shall each provide to the Committees on the Judiciary of the House
of Representatives and of the Senate, the Committee on Inter-
national Relations of the House of Representatives, the Committee
on Foreign Relations of the Senate, and the Committee on Home-
land Security of the House of Representatives a report on the
aliens to whom such Secretary has applied clause (i). Within one
week of applying clause (i) to a group, the Secretary of State
or the Secretary of Homeland Security shall provide a report to
such Committees.’’.
SEC. 105. REMOVAL OF TERRORISTS.
(a) IN GENERAL.—
(1) IN GENERAL.—Section 237(a)(4)(B) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended to
read as follows:
‘‘(B) TERRORIST ACTIVITIES.—Any alien who is described
in subparagraph (B) or (F) of section 212(a)(3) is deport-
able.’’.
(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 Immigra-
tion and Nationality Act (8 U.S.C. 1227(a)(4)(B)), as amended
by such paragraph, shall apply to—
(A) removal proceedings instituted before, on, or after
the date of the enactment of this division; and
(B) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after such date.
Applicability.
8 USC 1227 note.
Deadline.
Reports.
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(b) REPEAL.—Effective as of the date of the enactment of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public
Law 108–458), section 5402 of such Act is repealed, and the
Immigration and Nationality Act shall be applied as if such section
had not been enacted.
SEC. 106. JUDICIAL REVIEW OF ORDERS OF REMOVAL.
(a) IN GENERAL.—Section 242 of the Immigration and Nation-
ality Act (8 U.S.C. 1252) is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) in subparagraph (A), by inserting ‘‘(statutory
or nonstatutory), including section 2241 of title 28,
United States Code, or any other habeas corpus provi-
sion, and sections 1361 and 1651 of such title’’ after
‘‘Notwithstanding any other provision of law’’;
(ii) in each of subparagraphs (B) and (C), by
inserting ‘‘(statutory or nonstatutory), including section
2241 of title 28, United States Code, or any other
habeas corpus provision, and sections 1361 and 1651
of such title, and except as provided in subparagraph
(D)’’ after ‘‘Notwithstanding any other provision of
law’’; and
(iii) by adding at the end the following:
‘‘(D) JUDICIAL
REVIEW
OF
CERTAIN
LEGAL
CLAIMS.—
Nothing in subparagraph (B) or (C), or in any other provi-
sion of this Act (other than this section) which limits or
eliminates judicial review, shall be construed as precluding
review of constitutional claims or questions of law raised
upon a petition for review filed with an appropriate court
of appeals in accordance with this section.’’; and
(B) by adding at the end the following:
‘‘(4) CLAIMS UNDER THE UNITED NATIONS CONVENTION.—
Notwithstanding any other provision of law (statutory or non-
statutory), including section 2241 of title 28, United States
Code, or any other habeas corpus provision, and sections 1361
and 1651 of such title, a petition for review filed with an
appropriate court of appeals in accordance with this section
shall be the sole and exclusive means for judicial review of
any cause or claim under the United Nations Convention
Against Torture and Other Forms of Cruel, Inhuman, or
Degrading Treatment or Punishment, except as provided in
subsection (e).
‘‘(5) EXCLUSIVE MEANS OF REVIEW.—Notwithstanding any
other provision of law (statutory or nonstatutory), including
section 2241 of title 28, United States Code, or any other
habeas corpus provision, and sections 1361 and 1651 of such
title, a petition for review filed with an appropriate court of
appeals in accordance with this section shall be the sole and
exclusive means for judicial review of an order of removal
entered or issued under any provision of this Act, except as
provided in subsection (e). For purposes of this Act, in every
provision that limits or eliminates judicial review or jurisdiction
to review, the terms ‘judicial review’ and ‘jurisdiction to review’
include habeas corpus review pursuant to section 2241 of title
28, United States Code, or any other habeas corpus provision,
8 USC 1227.
Effective date.
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sections 1361 and 1651 of such title, and review pursuant
to any other provision of law (statutory or nonstatutory).’’;
(2) in subsection (b)(9), by adding at the end the following:
‘‘Except as otherwise provided in this section, no court shall
have jurisdiction, by habeas corpus under section 2241 of title
28, United States Code, or any other habeas corpus provision,
by section 1361 or 1651 of such title, or by any other provision
of law (statutory or nonstatutory), to review such an order
or such questions of law or fact.’’; and
(3) in subsection (g), by inserting ‘‘(statutory or 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’’ after ‘‘notwithstanding any other provision
of law’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect upon the date of the enactment of this division
and shall apply to cases in which the final administrative order
of removal, deportation, or exclusion was issued before, on, or
after the date of the enactment of this division.
(c) TRANSFER
OF CASES.—If an alien’s case, brought under
section 2241 of title 28, United States Code, and challenging a
final administrative order of removal, deportation, or exclusion,
is pending in a district court on the date of the enactment of
this division, then the district court shall transfer the case (or
the part of the case that challenges the order of removal, deporta-
tion, or exclusion) to the court of appeals for the circuit in which
a petition for review could have been properly filed under section
242(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1252),
as amended by this section, or under section 309(c)(4)(D) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1101 note). The court of appeals shall treat the
transferred case as if it had been filed pursuant to a petition
for review under such section 242, except that subsection (b)(1)
of such section shall not apply.
(d) TRANSITIONAL RULE CASES.—A petition for review filed
under former section 106(a) of the Immigration and Nationality
Act (as in effect before its repeal by section 306(b) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1252 note)) shall be treated as if it had been filed as
a petition for review under section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252), as amended by this section. Not-
withstanding any other provision of law (statutory or nonstatutory),
including section 2241 of title 28, United States Code, or any
other habeas corpus provision, and sections 1361 and 1651 of such
title, such petition for review shall be the sole and exclusive means
for judicial review of an order of deportation or exclusion.
TITLE II—IMPROVED SECURITY FOR
DRIVERS’ LICENSES AND PERSONAL
IDENTIFICATION CARDS
SEC. 201. DEFINITIONS.
In this title, the following definitions apply:
49 USC 30301
note.
8 USC 1252 note.
8 USC 1252 note.
Applicability.
8 USC 1252 note.
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(1) DRIVER’S LICENSE.—The term ‘‘driver’s license’’ means
a motor vehicle operator’s license, as defined in section 30301
of title 49, United States Code.
(2) IDENTIFICATION CARD.—The term ‘‘identification card’’
means a personal identification card, as defined in section
1028(d) of title 18, United States Code, issued by a State.
(3) OFFICIAL PURPOSE.—The term ‘‘official purpose’’ includes
but is not limited to accessing Federal facilities, boarding feder-
ally regulated commercial aircraft, entering nuclear power
plants, and any other purposes that the Secretary shall deter-
mine.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Homeland Security.
(5) STATE.—The term ‘‘State’’ means a State of the United
States, the District of Columbia, Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Northern Mariana Islands, the
Trust Territory of the Pacific Islands, and any other territory
or possession of the United States.
SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE
STANDARDS FOR FEDERAL RECOGNITION.
(a) MINIMUM STANDARDS FOR FEDERAL USE.—
(1) IN GENERAL.—Beginning 3 years after the date of the
enactment of this division, a Federal agency may not accept,
for any official purpose, a driver’s license or identification card
issued by a State to any person unless the State is meeting
the requirements of this section.
(2) STATE CERTIFICATIONS.—The Secretary shall determine
whether a State is meeting the requirements of this section
based on certifications made by the State to the Secretary.
Such certifications shall be made at such times and in such
manner as the Secretary, in consultation with the Secretary
of Transportation, may prescribe by regulation.
(b) MINIMUM DOCUMENT REQUIREMENTS.—To meet the require-
ments of this section, a State shall include, at a minimum, the
following information and features on each driver’s license and
identification card issued to a person by the State:
(1) The person’s full legal name.
(2) The person’s date of birth.
(3) The person’s gender.
(4) The person’s driver’s license or identification card
number.
(5) A digital photograph of the person.
(6) The person’s address of principle residence.
(7) The person’s signature.
(8) Physical security features designed to prevent tam-
pering, counterfeiting, or duplication of the document for
fraudulent purposes.
(9) A common machine-readable technology, with defined
minimum data elements.
(c) MINIMUM ISSUANCE STANDARDS.—
(1) IN GENERAL.—To meet the requirements of this section,
a State shall require, at a minimum, presentation and
verification of the following information before issuing a driver’s
license or identification card to a person:
Effective date.
49 USC 30301
note.
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(A) A photo identity document, except that a non-
photo identity document is acceptable if it includes both
the person’s full legal name and date of birth.
(B) Documentation showing the person’s date of birth.
(C) Proof of the person’s social security account number
or verification that the person is not eligible for a social
security account number.
(D) Documentation showing the person’s name and
address of principal residence.
(2) SPECIAL REQUIREMENTS.—
(A) IN GENERAL.—To meet the requirements of this
section, a State shall comply with the minimum standards
of this paragraph.
(B) EVIDENCE
OF
LAWFUL
STATUS.—A State shall
require, before issuing a driver’s license or identification
card to a person, valid documentary evidence that the
person—
(i) is a citizen or national of the United States;
(ii) is an alien lawfully admitted for permanent
or temporary residence in the United States;
(iii) has conditional permanent resident status in
the United States;
(iv) has an approved application for asylum in
the United States or has entered into the United States
in refugee status;
(v) has a valid, unexpired nonimmigrant visa or
nonimmigrant visa status for entry into the United
States;
(vi) has a pending application for asylum in the
United States;
(vii) has a pending or approved application for
temporary protected status in the United States;
(viii) has approved deferred action status; or
(ix) has a pending application for adjustment of
status to that of an alien lawfully admitted for perma-
nent residence in the United States or conditional
permanent resident status in the United States.
(C) TEMPORARY DRIVERS’ LICENSES AND IDENTIFICATION
CARDS.—
(i) IN
GENERAL.—If a person presents evidence
under any of clauses (v) through (ix) of subparagraph
(B), the State may only issue a temporary driver’s
license or temporary identification card to the person.
(ii) 
EXPIRATION
DATE.—A 
temporary 
driver’s
license or temporary identification card issued pursu-
ant to this subparagraph shall be valid only during
the period of time of the applicant’s authorized stay
in the United States or, if there is no definite end
to the period of authorized stay, a period of one year.
(iii) DISPLAY OF EXPIRATION DATE.—A temporary
driver’s license or temporary identification card issued
pursuant to this subparagraph shall clearly indicate
that it is temporary and shall state the date on which
it expires.
(iv) RENEWAL.—A temporary driver’s license or
temporary identification card issued pursuant to this
subparagraph may be renewed only upon presentation
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of valid documentary evidence that the status by which
the applicant qualified for the temporary driver’s
license or temporary identification card has been
extended by the Secretary of Homeland Security.
(3) VERIFICATION OF DOCUMENTS.—To meet the require-
ments of this section, a State shall implement the following
procedures:
(A) Before issuing a driver’s license or identification
card to a person, the State shall verify, with the issuing
agency, the issuance, validity, and completeness of each
document required to be presented by the person under
paragraph (1) or (2).
(B) The State shall not accept any foreign document,
other than an official passport, to satisfy a requirement
of paragraph (1) or (2).
(C) Not later than September 11, 2005, the State shall
enter into a memorandum of understanding with the Sec-
retary of Homeland Security to routinely utilize the auto-
mated system known as Systematic Alien Verification for
Entitlements, as provided for by section 404 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (110 Stat. 3009–664), to verify the legal presence
status of a person, other than a United States citizen,
applying for a driver’s license or identification card.
(d) OTHER REQUIREMENTS.—To meet the requirements of this
section, a State shall adopt the following practices in the issuance
of drivers’ licenses and identification cards:
(1) Employ technology to capture digital images of identity
source documents so that the images can be retained in elec-
tronic storage in a transferable format.
(2) Retain paper copies of source documents for a minimum
of 7 years or images of source documents presented for a
minimum of 10 years.
(3) Subject each person applying for a driver’s license or
identification card to mandatory facial image capture.
(4) Establish an effective procedure to confirm or verify
a renewing applicant’s information.
(5) Confirm with the Social Security Administration a social
security account number presented by a person using the full
social security account number. In the event that a social
security account number is already registered to or associated
with another person to which any State has issued a driver’s
license or identification card, the State shall resolve the discrep-
ancy and take appropriate action.
(6) Refuse to issue a driver’s license or identification card
to a person holding a driver’s license issued by another State
without confirmation that the person is terminating or has
terminated the driver’s license.
(7) Ensure the physical security of locations where drivers’
licenses and identification cards are produced and the security
of document materials and papers from which drivers’ licenses
and identification cards are produced.
(8) Subject all persons authorized to manufacture or
produce drivers’ licenses and identification cards to appropriate
security clearance requirements.
Deadline.
Memorandum.
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(9) Establish fraudulent document recognition training pro-
grams for appropriate employees engaged in the issuance of
drivers’ licenses and identification cards.
(10) Limit the period of validity of all driver’s licenses
and identification cards that are not temporary to a period
that does not exceed 8 years.
(11) In any case in which the State issues a driver’s license
or identification card that does not satisfy the requirements
of this section, ensure that such license or identification card—
(A) clearly states on its face that it may not be accepted
by any Federal agency for federal identification or any
other official purpose; and
(B) uses a unique design or color indicator to alert
Federal agency and other law enforcement personnel that
it may not be accepted for any such purpose.
(12) Provide electronic access to all other States to informa-
tion contained in the motor vehicle database of the State.
(13) Maintain a State motor vehicle database that contains,
at a minimum—
(A) all data fields printed on drivers’ licenses and
identification cards issued by the State; and
(B) motor vehicle drivers’ histories, including motor
vehicle violations, suspensions, and points on licenses.
SEC. 203. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN
FALSE IDENTIFICATION DOCUMENTS.
(a) CRIMINAL PENALTY.—Section 1028(a)(8) of title 18, United
States Code, is amended by striking ‘‘false authentication features’’
and inserting ‘‘false or actual authentication features’’.
(b) USE OF FALSE DRIVER’S LICENSE AT AIRPORTS.—
(1) IN GENERAL.—The Secretary shall enter, into the appro-
priate aviation security screening database, appropriate
information regarding any person convicted of using a false
driver’s license at an airport (as such term is defined in section
40102 of title 49, United States Code).
(2) FALSE DEFINED.—In this subsection, the term ‘‘false’’
has the same meaning such term has under section 1028(d)
of title 18, United States Code.
SEC. 204. GRANTS TO STATES.
(a) IN GENERAL.—The Secretary may make grants to a State
to assist the State in conforming to the minimum standards set
forth in this title.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary for each of the fiscal years
2005 through 2009 such sums as may be necessary to carry out
this title.
SEC. 205. AUTHORITY.
(a) PARTICIPATION
OF SECRETARY
OF TRANSPORTATION
AND
STATES.—All authority to issue regulations, set standards, and issue
grants under this title shall be carried out by the Secretary, in
consultation with the Secretary of Transportation and the States.
(b) EXTENSIONS OF DEADLINES.—The Secretary may grant to
a State an extension of time to meet the requirements of section
202(a)(1) if the State provides adequate justification for noncompli-
ance.
49 USC 30301
note.
49 USC 30301
note.
49 USC 30301
note.
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PUBLIC LAW 109–13—MAY 11, 2005
SEC. 206. REPEAL.
Section 7212 of the Intelligence Reform and Terrorism Preven-
tion Act of 2004 (Public Law 108–458) is repealed.
SEC. 207. LIMITATION ON STATUTORY CONSTRUCTION.
Nothing in this title shall be construed to affect the authorities
or responsibilities of the Secretary of Transportation or the States
under chapter 303 of title 49, United States Code.
TITLE III—BORDER INFRASTRUCTURE
AND TECHNOLOGY INTEGRATION
SEC. 301. VULNERABILITY AND THREAT ASSESSMENT.
(a) STUDY.—The Under Secretary of Homeland Security for
Border and Transportation Security, in consultation with the Under
Secretary of Homeland Security for Science and Technology and
the Under Secretary of Homeland Security for Information Analysis
and Infrastructure Protection, shall study the technology, equip-
ment, and personnel needed to address security vulnerabilities
within the United States for each field office of the Bureau of
Customs and Border Protection that has responsibility for any
portion of the United States borders with Canada and Mexico.
The Under Secretary shall conduct follow-up studies at least once
every 5 years.
(b) REPORT TO CONGRESS.—The Under Secretary shall submit
a report to Congress on the Under Secretary’s findings and conclu-
sions from each study conducted under subsection (a) together
with legislative recommendations, as appropriate, for addressing
any security vulnerabilities found by the study.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Department of Homeland Security Direc-
torate of Border and Transportation Security such sums as may
be necessary for fiscal years 2006 through 2011 to carry out any
such recommendations from the first study conducted under sub-
section (a).
SEC. 302. USE OF GROUND SURVEILLANCE TECHNOLOGIES FOR
BORDER SECURITY.
(a) PILOT PROGRAM.—Not later than 180 days after the date
of the enactment of this division, the Under Secretary of Homeland
Security for Science and Technology, in consultation with the Under
Secretary of Homeland Security for Border and Transportation
Security, the Under Secretary of Homeland Security for Information
Analysis and Infrastructure Protection, and the Secretary of
Defense, shall develop a pilot program to utilize, or increase the
utilization of, ground surveillance technologies to enhance the
border security of the United States. In developing the program,
the Under Secretary shall—
(1) consider various current and proposed ground surveil-
lance technologies that could be utilized to enhance the border
security of the United States;
(2) assess the threats to the border security of the United
States that could be addressed by the utilization of such tech-
nologies; and
(3) assess the feasibility and advisability of utilizing such
technologies to address such threats, including an assessment
Deadline.
8 USC 1712 note.
8 USC 1778.
49 USC 30301
note.
49 USC 30301
note.
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of the technologies considered best suited to address such
threats.
(b) ADDITIONAL REQUIREMENTS.—
(1) IN GENERAL.—The pilot program shall include the utili-
zation of a variety of ground surveillance technologies in a
variety of topographies and areas (including both populated
and unpopulated areas) on both the northern and southern
borders of the United States in order to evaluate, for a range
of circumstances—
(A) the significance of previous experiences with such
technologies in homeland security or critical infrastructure
protection for the utilization of such technologies for border
security;
(B) the cost, utility, and effectiveness of such tech-
nologies for border security; and
(C) liability, safety, and privacy concerns relating to
the utilization of such technologies for border security.
(2) TECHNOLOGIES.—The ground surveillance technologies
utilized in the pilot program shall include the following:
(A) Video camera technology.
(B) Sensor technology.
(C) Motion detection technology.
(c) IMPLEMENTATION.—The Under Secretary of Homeland Secu-
rity for Border and Transportation Security shall implement the
pilot program developed under this section.
(d) REPORT.—Not later than 1 year after implementing the
pilot program under subsection (a), the Under Secretary shall
submit a report on the program to the Senate Committee on Com-
merce, Science, and Transportation, the House of Representatives
Committee on Science, the House of Representatives Committee
on Homeland Security, and the House of Representatives Committee
on the Judiciary. The Under Secretary shall include in the report
a description of the program together with such recommendations
as the Under Secretary finds appropriate, including recommenda-
tions for terminating the program, making the program permanent,
or enhancing the program.
SEC. 303. ENHANCEMENT OF COMMUNICATIONS INTEGRATION AND
INFORMATION SHARING ON BORDER SECURITY.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this division, the Secretary of Homeland Security,
acting through the Under Secretary of Homeland Security for
Border and Transportation Security, in consultation with the Under
Secretary of Homeland Security for Science and Technology, the
Under Secretary of Homeland Security for Information Analysis
and Infrastructure Protection, the Assistant Secretary of Commerce
for Communications and Information, and other appropriate Fed-
eral, State, local, and tribal agencies, shall develop and implement
a plan—
(1) to improve the communications systems of the depart-
ments and agencies of the Federal Government in order to
facilitate the integration of communications among the depart-
ments and agencies of the Federal Government and State,
local government agencies, and Indian tribal agencies on mat-
ters relating to border security; and
(2) to enhance information sharing among the departments
and agencies of the Federal Government, State and local
Deadline.
8 USC 1721 note.
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government agencies, and Indian tribal agencies on such mat-
ters.
(b) REPORT.—Not later than 1 year after implementing the
plan under subsection (a), the Secretary shall submit a copy of
the plan and a report on the plan, including any recommendations
the Secretary finds appropriate, to the Senate Committee on Com-
merce, Science, and Transportation, the House of Representatives
Committee on Science, the House of Representatives Committee
on Homeland Security, and the House of Representatives Committee
on the Judiciary.
TITLE IV—TEMPORARY WORKERS
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Save Our Small and Seasonal
Businesses Act of 2005’’.
SEC. 402. NUMERICAL LIMITATIONS ON H–2B WORKERS.
(a) IN GENERAL.—Section 214(g) of the Immigration and Nation-
ality Act (8 U.S.C. 1184(g)) is amended by adding at the end
the following:
‘‘(9)(A) Subject to subparagraphs (B) and (C), an alien who
has already been counted toward the numerical limitations of para-
graph (1)(B) during any 1 of the 3 fiscal years prior to the fiscal
year of the approved start date of a petition for a nonimmigrant
worker described in section 101(a)(15)(H)(ii)(b) shall not be counted
toward such limitation for the fiscal year in which the petition
is approved. Such an alien shall be considered a returning worker.
‘‘(B) A petition referred to in subparagraph (A) shall include,
with respect to a returning worker—
‘‘(i) all information and evidence that the Secretary of
Homeland Security determines is required to support a petition
for status under section 101(a)(15)(H)(ii)(b);
‘‘(ii) the full name of the alien; and
‘‘(iii) a certification to the Department of Homeland Secu-
rity that the alien is a returning worker.
‘‘(C) An H–2B visa or grant of nonimmigrant status for a
returning worker shall be approved only if the alien is confirmed
to be a returning worker by—
‘‘(i) the Department of State; or
‘‘(ii) if the alien is visa exempt or seeking to change to
status under section 101 (a)(15)(H)(ii)(b), the Department of
Homeland Security.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendment in subsection (a) shall
take effect as if enacted on October 1, 2004, and shall expire
on October 1, 2006.
(2) IMPLEMENTATION.—Not later than 14 days after the
date of the enactment of this Act, the Secretary of Homeland
Security shall begin accepting and processing petitions filed
on behalf of aliens described in section 101(a)(15)(H)(ii)(b) of
the Immigration and Nationality Act, in a manner consistent
with this section and the amendments made by this section.
Notwithstanding section 214(g)(9)(B) of such Act, as added by
subsection (a), the Secretary of Homeland Security shall allo-
cate additional numbers for fiscal year 2005 based on statistical
Deadline.
Termination
date.
8 USC 1184 note.
Save Our Small
and Seasonal
Businesses Act
of 2005.
8 USC 1101 note.
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estimates and projections derived from Department of State
data.
SEC. 403. FRAUD PREVENTION AND DETECTION FEE.
(a) IMPOSITION OF FEE.—Section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)), as amended by section 426(a)
of division J of the Consolidated Appropriations Act, 2005 (Public
Law 108–447), is amended by adding at the end the following:
‘‘(13)(A) In addition to any other fees authorized by law, the
Secretary of Homeland Security shall impose a fraud prevention
and detection fee on an employer filing a petition under paragraph
(1) 
for 
nonimmigrant 
workers 
described 
in 
section
101(a)(15)(H)(ii)(b).
‘‘(B) The amount of the fee imposed under subparagraph (A)
shall be $150.’’.
(b) USE OF FEES.—
(1) FRAUD
PREVENTION
AND
DETECTION
ACCOUNT.—Sub-
section (v) of section 286 of the Immigration and Nationality
Act (8 U.S.C. 1356), as added by section 426(b) of division
J of the Consolidated Appropriations Act, 2005 (Public Law
108–447), is amended—
(A) in paragraphs (1), (2)(A), (2)(B), (2)(C), and (2)(D)
by striking ‘‘H1–B and L’’ each place it appears;
(B) in paragraph (1), as amended by subparagraph
(A), by striking ‘‘section 214(c)(12)’’ and inserting ‘‘para-
graph (12) or (13) of section 214(c)’’;
(C) in paragraphs (2)(A)(i) and (2)(B), as amended by
subparagraph (A), by striking ‘‘(H)(i)’’ each place it appears
and inserting ‘‘(H)(i), (H)(ii),’’; and
(D) in paragraph (2)(D), as amended by subparagraph
(A), by inserting before the period at the end ‘‘or for pro-
grams and activities to prevent and detect fraud with
respect to petitions under paragraph (1) or (2)(A) of section
214(c) to grant an alien nonimmigrant status described
in section 101(a)(15)(H)(ii)’’.
(2) CONFORMING AMENDMENT.—The heading of such sub-
section (v) of section 286 is amended by striking ‘‘H1–B and
L’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect 14 days after the date of the enactment
of this Act and shall apply to filings for a fiscal year after fiscal
year 2005.
SEC. 404. SANCTIONS.
(a) IN GENERAL.—Section 214(c) of the Immigration and Nation-
ality Act (8 U.S.C. 1184(c)), as amended by section 403, is further
amended by adding at the end the following:
‘‘(14)(A) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a substantial failure to
meet any of the conditions of the petition to admit or otherwise
provide 
status 
to 
a 
nonimmigrant 
worker 
under 
section
101(a)(15)(H)(ii)(b) or a willful misrepresentation of a material fact
in such petition—
‘‘(i) the Secretary of Homeland Security may, in addition
to any other remedy authorized by law, impose such administra-
tive remedies (including civil monetary penalties in an amount
not to exceed $10,000 per violation) as the Secretary of Home-
land Security determines to be appropriate; and
8 USC 1184 note.
8 USC 1356.
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‘‘(ii) the Secretary of Homeland Security may deny petitions
filed with respect to that employer under section 204 or para-
graph (1) of this subsection during a period of at least 1 year
but not more than 5 years for aliens to be employed by the
employer.
‘‘(B) The Secretary of Homeland Security may delegate to the
Secretary of Labor, with the agreement of the Secretary of Labor,
any of the authority given to the Secretary of Homeland Security
under subparagraph (A)(i).
‘‘(C) In determining the level of penalties to be assessed under
subparagraph (A), the highest penalties shall be reserved for willful
failures to meet any of the conditions of the petition that involve
harm to United States workers.
‘‘(D) In this paragraph, the term ‘substantial failure’ means
the willful failure to comply with the requirements of this section
that constitutes a significant deviation from the terms and condi-
tions of a petition.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 2005.
SEC. 405. ALLOCATION OF H–2B VISAS OR H–2B NONIMMIGRANT
STATUS DURING A FISCAL YEAR.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C.
1184(g)), as amended by section 402, is further amended by adding
at the end the following new paragraph:
‘‘(10) The numerical limitations of paragraph (1)(B) shall be
allocated for a fiscal year so that the total number of aliens subject
to such numerical limits who enter the United States pursuant
to a visa or are accorded nonimmigrant status under section
101(a)(15)(H)(ii)(b) during the first 6 months of such fiscal year
is not more than 33,000.’’.
SEC. 406. SUBMISSION TO CONGRESS OF INFORMATION REGARDING
H–2B NONIMMIGRANTS.
Section 416 of the American Competitiveness and Workforce
Improvement Act of 1998 (title IV of division C of Public Law
105–277; 8 U.S.C. 1184 note) is amended—
(1) by striking ‘‘Attorney General’’ each place that term
appears and inserting ‘‘Secretary of Homeland Security’’; and
(2) by adding at the end the following new subsection:
‘‘(d) PROVISION OF INFORMATION.—
‘‘(1) SEMIANNUAL NOTIFICATION.—Beginning not later than
March 1, 2006, the Secretary of Homeland Security and the
Secretary of State shall notify, on a semiannual basis, the
Committees on the Judiciary of the House of Representatives
and the Senate of the number of aliens who during the pre-
ceding 1-year period—
‘‘(A) were issued visas or otherwise provided non-
immigrant status under section 101(a)(15)(H)(ii)(b) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(15)(H)(ii)(b)); or
‘‘(B) had such a visa or such status be revoked or
otherwise terminated.
‘‘(2) ANNUAL SUBMISSION.—Beginning in fiscal year 2007,
the Secretary of Homeland Security and the Secretary of State
shall submit, on an annual basis, to the Committees on the
Judiciary of the House of Representatives and the Senate—
Deadlines.
Reports.
Deadline.
8 USC 1184 note.
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‘‘(A) information on the countries of origin of, occupa-
tions of, and compensation paid to aliens who were issued
visas or otherwise provided nonimmigrant status under
section 101(a)(15)(H)(ii)(b) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) during the previous
fiscal year;
‘‘(B) the number of aliens who had such a visa or
such status expire or be revoked or otherwise terminated
during each month of such fiscal year; and
‘‘(C) the number of aliens who were provided non-
immigrant status under such section during both such
fiscal year and the preceding fiscal year.
‘‘(3) INFORMATION MAINTAINED BY STATE.—If the Secretary
of Homeland Security determines that information maintained
by the Secretary of State is required to make a submission
described in paragraph (1) or (2), the Secretary of State shall
provide such information to the Secretary of Homeland Security
upon request.’’.
SEC. 407. EXEMPTION FROM ADMINISTRATIVE PROCEDURE ACT.
The requirements of chapter 5 of title 5, United States Code
(commonly referred to as the ‘‘Administrative Procedure Act’’) or
any other law relating to rulemaking, information collection or
publication in the Federal Register, shall not apply to any action
to implement sections 402, 403, and 405 or the amendments made
by such sections to the extent the Secretary Homeland of Security,
the Secretary of Labor, or the Secretary of State determine that
compliance with any such requirement would impede the expedi-
tious implementation of such sections or the amendments made
by such sections.
TITLE V—OTHER CHANGES TO PROVI-
SIONS GOVERNING NONIMMIGRANT
AND IMMIGRANT VISAS
SEC. 501. RECIPROCAL VISAS FOR NATIONALS OF AUSTRALIA.
(a) IN GENERAL.—Section 101(a)(15)(E) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended—
(1) by adding at the end ‘‘or (iii) solely to perform services
in a specialty occupation in the United States if the alien
is a national of the Commonwealth of Australia and with
respect to whom the Secretary of Labor determines and certifies
to the Secretary of Homeland Security and the Secretary of
State that the intending employer has filed with the Secretary
of Labor an attestation under section 212(t)(1);’’; and
(2) in clause (i), by striking ‘‘or’’ after ‘‘national;’’.
(b) NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.—
Section 214(g) of such Act (8 U.S.C. 1184(g)), as amended by section
405, is further amended by adding at the end the following new
paragraph:
‘‘(11)(A) The Secretary of State may not approve a number
of initial applications submitted for aliens described in section
101(a)(15)(E)(iii) that is more than the applicable numerical limita-
tion set out in this paragraph.
8 USC 1184 note.
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‘‘(B) The applicable numerical limitation referred to in subpara-
graph (A) is 10,500 for each fiscal year.
‘‘(C) The applicable numerical limitation referred to in subpara-
graph (A) shall only apply to principal aliens and not to the spouses
or children of such aliens.’’.
(c) SPECIALTY OCCUPATION DEFINED.—Section 214(i)(1) of such
Act (8 U.S.C. 1184(i)(1)) is amended by inserting ‘‘, section
101(a)(15)(E)(iii),’’ after ‘‘section 101(a)(15)(H)(i)(b)’’.
(d) ATTESTATION.—Section 212(t) of such Act (8 U.S.C. 1182(t)),
as added by section 402(b)(2) of the United States-Chile Free Trade
Agreement Implementation Act (Public Law 108–77; 117 Stat. 941),
is amended—
(1) by inserting ‘‘or section 101(a)(15)(E)(iii)’’ after ‘‘section
101(a)(15)(H)(i)(b1)’’ each place it appears; and
(2) in paragraphs (3)(C)(i)(II), (3)(C)(ii)(II), and (3)(C)(iii)(II)
by striking ‘‘or 101(a)(15)(H)(i)(b1)’’ each place it appears and
inserting ‘‘101(a)(15)(H)(i)(b1), or 101(a)(15)(E)(iii)’’.
SEC. 502. VISAS FOR NURSES.
Section 106(d) of the American Competitiveness in the Twenty-
first Century Act of 2000 (Public Law 106–313; 8 U.S.C. 1153
note) is amended—
(1) in paragraph (1), by inserting before the period at
the end of the second sentence ‘‘and any such visa that is
made available due to the difference between the number of
employment-based visas that were made available in fiscal
year 2001, 2002, 2003, or 2004 and the number of such visas
that were actually used in such fiscal year shall be available
only to employment-based immigrants (and their family mem-
bers accompanying or following to join under section 203(d)
of such Act (8 U.S.C. 1153(d))) whose immigrant worker peti-
tions were approved based on schedule A, as defined in section
656.5 of title 20, Code of Federal Regulations, as promulgated
by the Secretary of Labor’’;
(2) in paragraph (2)(A), by striking ‘‘and 2000’’ and
inserting ‘‘through 2004’’; and
(3) in paragraph (2), by amending subparagraph (B) to
read as follows:
‘‘(B)(i) REDUCTION.—The number described in subpara-
graph (A) shall be reduced, for each fiscal year after fiscal
year 2001, by the cumulative number of immigrant visas
actually used under paragraph (1) for previous fiscal years.
Applicability.
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PUBLIC LAW 109–13—MAY 11, 2005
LEGISLATIVE HISTORY—H.R. 1268:
HOUSE REPORTS: Nos. 109–16 (Comm. on Appropriations) and 109–72 (Comm. of
Conference).
SENATE REPORTS: No. 109–52 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
Mar. 15, 16, considered and passed House.
Apr. 11–15, 18–21, considered and passed Senate, amended.
May 5, House agreed to conference report.
May 10, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
May 11, Presidential statement.
‘‘(ii) MAXIMUM.—The total number of visas made avail-
able under paragraph (1) from unused visas from the fiscal
years 2001 through 2004 may not exceed 50,000.’’.
Approved May 11, 2005.
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