[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1268 Enrolled Bill (ENR)]
H.R.1268
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
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
Appropriations 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 SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE
GLOBAL WAR ON TERROR, 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:
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 requirement 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 requirement 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 requirement 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).
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).
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 Combatant
Commander Initiative Fund, to be used in support of Operation 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, military, 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 Secretary of Defense to adequately account for
the support provided, and such determination is final and
conclusive upon the accounting officers of the United States, and
15 days following 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 Congress).
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 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, 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 requirement 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, notwithstanding 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
international 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 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 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).
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 Commander, 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 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, $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
international 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 Secretary 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 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: 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).
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$310,250,000, 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).
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 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).
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 designated as an
emergency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$6,250,505,000, 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).
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$200,295,000, 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).
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$66,000,000, 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).
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: 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, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$3,283,042,000, 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).
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$277,309,000, 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).
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 Congress).
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$2,577,560,000, 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).
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$645,939,000, 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).
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 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, 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).
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 emergency
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 Management
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 requirement 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 necessary 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).
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: Provided,
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 September 30,
2006: Provided, 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, Air Force
For an additional amount for ``Military Construction, Air Force'',
$140,983,000, to remain available until September 30, 2006: Provided,
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 in this section is in addition to any other
transfer authority available 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 Appropriations
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 conference 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 Interdiction 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 support 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''.
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 government, 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
Appropriations 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.
Office of the Director of National Intelligence
Sec. 1009. Section 1096(b) of the Intelligence Reform and Terrorism
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 section 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 insurance 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 Members.--
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 further
amended--
(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 operation or
area that the Secretary designates, in writing, as a combat
operation or a zone of combat, respectively, for purposes 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 designated
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 concerned 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 paragraph
(3)(A)(i)(III)''.
(e) Coordination With VGLI.--Section 1977(a) of such title is
amended--
(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 subparagraphs:
``(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 provide 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 Beneficiaries.--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--
(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 section, 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 subsection:
``(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
paragraph (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 subchapter 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.''.
(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 subchapter 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 provisions 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 additional
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).
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 Department
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 acceptability of materiel for use,
and that are the same as other ammunition 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 25mm high
explosive rounds for M2 Bradley Fighting Vehicles, 120mm multi-purpose
anti-tank and obstacle reduction rounds for M1 Abrams tanks, L410
aircraft countermeasure flares, 81mm mortar red phosphorous smoke
rounds, MD73 impulse cartridge for aircraft flares, and 20mm high
explosive rounds for C-RAM, whose stocks have been depleted and must be
replenished for continuing operations of the Department 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 destruction of the United States stockpile
of lethal chemical agents and munitions at Blue Grass Army Depot,
Kentucky, and Pueblo Chemical 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
activities 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 available 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, Kentucky, 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
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, 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 available by
this Act, or by prior Acts, may be obligated or expended to prepare
for, conduct, or implement a strategy for the acquisition 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: Provided, 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 recuperation 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, 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 Appropriations 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 estimate 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 President
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 overseas
contingency operations, but the determination of that amount could
not take into account any Administration estimate on the projected
cost of such operations in fiscal year 2006.
(5) In February 2005, the Congressional Budget Office estimated
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
operations in Afghanistan and Iraq, should be included in the
annual budget of the President for such fiscal year as submitted 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 following:
(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 Appropriations
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 Appropriations
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 and control
relationships to give Fleet Forces Command administrative 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 section 411h
of such title is amended to read as follows:
``Sec. 411h. Travel and transportation allowances: transportation of
family members incident to illness or injury of members''.
(2) Clerical amendment.--The item relating to such section 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 incident 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 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 members of the Armed
Forces who have served in Operation Iraqi Freedom or Operation Enduring
Freedom: Provided, That the Secretary 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 available 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 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 available for the
same purpose and the same time period as the appropriation to which
transferred: Provided further, That the authority provided in this
section is in addition to any other transfer authority available to the
Department of Defense: Provided further, That the amounts shall be
transferred between the following appropriations, 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 emergency
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 treatment or
punishment prohibited by the fifth amendment, eighth amendment, or
fourteenth amendment to the Constitution of the United States.
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:
``Sec. 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 traumatic
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 irreversible
paralysis of both lower limbs; and
``(C) the term `hemiplegia' means the complete and irreversible
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;
``(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
subsection (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 section, 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 Secretary 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 premium
amounts to be charged for traumatic injury protection coverage 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
continued 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 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 Secretary 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 retroactive
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.--
(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 collaboration
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 available
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 notwithstanding 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 section 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 communities 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--
(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 providing
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 installations;
(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).
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 Programs'',
$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 education: 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
Operations'' 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 designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
Broadcasting Capital Improvements
For an additional amount for ``Broadcasting Capital Improvements'',
$2,500,000, 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).
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 administered by the United
States Agency for International Development for obligations incurred
for the purposes provided under this heading prior to enactment of this
Act from funds appropriated for foreign operations, export financing,
and related programs: 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).
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 designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
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: Provided,
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 movement 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 appropriated 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 guaranteed 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
conference 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 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).
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).
Migration and Refugee Assistance
For an additional amount for ``Migration and Refugee Assistance'',
$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 activities
relating to nonproliferation and disarmament: 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 ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
Foreign Military Financing Program
For an additional amount for ``Foreign Military Financing
Program'', $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 assistance 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 terrorism:
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 regular 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).
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 Committees on
Appropriations not later than 30 days after enactment, and prior to the
initial obligation of funds appropriated under this chapter, a report
on the proposed uses of all funds on a project-by-project basis, for
which the obligation of funds is anticipated: Provided, That up to 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 estimates 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
2005 under the heading ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'': Provided, That the audit shall
include an examination of all programs, projects and activities carried
out under such programs, including both obligations and expenditures.
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 services,
including their numbers, accountability, and chains of command, 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 governance; (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, independent evaluation by
an internationally recognized accounting firm of the transparency and
accountability of Palestinian Authority accounting procedures and an
audit of expenditures by the Palestinian 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 operations: Provided, That
such assistance shall be designated as the ``Marla Ruzicka Iraqi War
Victims Fund''.
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 Emergency Refugee
and Migration Assistance Fund'', ``International Disaster and Famine
Assistance'', or ``Transition Initiatives'' may be obligated to an
organization that fails to adopt a code of conduct that provides for
the protection of beneficiaries of assistance under any such heading
from sexual exploitation and abuse in humanitarian 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 Committee 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 appropriate 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 managers
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 contained 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.
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 Nonproliferation'',
$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 Congress).
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 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 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, $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 available
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).
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: Provided,
That of the amount appropriated, $1,250,000 shall be transferred to and
merged with the appropriation for ``Department of Justice, General
Administration, Office of Inspector General'': 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).
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).
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
Appropriations 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 Appropriations 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 Subcommittee on the
Legislative Branch of the Committee on Appropriations 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 Appropriations
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 Appropriations of the House
of Representatives (or another member of such Committee designated by
the chair)''.
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 designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
TITLE IV--INDIAN OCEAN TSUNAMI RELIEF
CHAPTER 1
FUNDS APPROPRIATED TO THE PRESIDENT
OTHER BILATERAL ASSISTANCE
Tsunami Recovery and Reconstruction Fund
(Including Transfers of Funds)
For necessary expenses to carry out the Foreign 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: Provided, 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 Assistance Act, or under the Agricultural Trade
Development and Assistance Act of 1954, to accomplish the purposes
provided herein: Provided further, That upon a determination that all
or part of the funds so transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That funds
appropriated under this heading may be used to reimburse fully accounts
administered by the United States Agency for International Development
for obligations incurred for the purposes provided under this heading
prior to enactment of this Act, including Public Law 480 Title II
grants: 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 transferred to and consolidated with ``Operating Expenses of the
United States Agency for International Development'', of which up to
$2,000,000 may be used for administrative expenses to carry out credit
programs administered by the United States Agency for International
Development in 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 International Development
Office of Inspector General''; and up to $5,000,000 may be transferred
to and consolidated with ``Emergencies 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
further, 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
monitoring 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 tsunami and earthquakes
of December 2004 and March 2005, including the Republic of Indonesia,
the Republic of Maldives and the Democratic 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 rescheduling 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: 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 Committees 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 submission 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
Appropriations 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)).
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 proposed use of such funds: Provided
further, That funds made available 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, Disaster, and
Civic Aid'', $36,000,000, 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).
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 designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
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 Congress).
CHAPTER 5
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Operations, Research, and Facilities
For an additional amount for ``Operations, Research, and
Facilities'', $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 designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
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 protection
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 provision 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 requirements 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.
WATERSHED PROJECTS IN WEST VIRGINIA
Sec. 5103. Of the amount provided to the Secretary of Agriculture
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 conditions 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 Administration, 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 emergency 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 stabilization: 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).
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 infrastructure
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 Administration, 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 unobligated 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 Facilities 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 Activities
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.
For an additional amount for ``Housing for Persons with
Disabilities'', $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 Enterprises
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 Enterprises
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.
mcclellan 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.''.
DESOTO COUNTY, Mississippi
Sec. 6006. Section 219(f)(30) of the Water Resources Development
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 ``infrastructure''
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 modified
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 navigation
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.
Environmental Infrastructure
Sec. 6010. In division C, title I of the Consolidated
Appropriations 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: Provided 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 Development 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 appropriated under this heading
shall be deposited in the San Gabriel Basin Restoration Fund
established by section 110 of title I of division B of the
Miscellaneous Appropriations Act, 2001 (as enacted into law by Public
Law 106-554)''.
(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
(2) minimizing the need for acquiring water or water rights to
operate the sanctuary.
If the Secretary determines the project to be viable, the Secretary
is further authorized to design and construct the sanctuary and to
thereafter operate and maintain the sanctuary. The Secretary may enter
into grant agreements, cooperative agreements, financial assistance
agreements, interagency agreements, and contracts with Federal and non-
Federal entities to carry out the purposes 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
Appropriations Act, 2005 (Public Law 108-447), the item relating to
``Department 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 California to advance
the state of metal hydride hydrogen storage''.
Office of Science
Sec. 6017. In division C, title III of the Consolidated
Appropriations Act, 2005 (Public Law 108-447), the item relating to
``Department 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 available 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
Appropriations Act, 2005 (Public Law 108-447), the item relating to
``Department 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 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 Authorization 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
Appropriations 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 without
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 Department 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 understanding
entered into under subsection (a) shall, at a minimum, include--
(1) a method of counting the achievement of the Department of
Energy in awards of--
(A) prime contracts; and
(B) subcontracts to small businesses awarded by Department
of Energy management and operating, management and integration,
and other facility management 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 feasibility 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 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 consider
the impact of changes studied on--
(A) accountability, competition, and sound management practices
at the Department of Energy and its facilities managed 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 Administration, 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 Entrepreneurship, the
Committee on Energy and Natural Resources, the Committee on Armed
Services, the Committee on Homeland Security and Government
Affairs, and the Committee on Appropriations 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 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
advisability of requiring a local presence for small business
subcontractors.
nuclear waste disposal
Sec. 6023. Title III of division C of the Consolidated
Appropriations 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 henceforth
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 submitted 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 President's budget: Provided further,
That the ``Department of Homeland Security Working Capital Fund''
Congressional appropriations justification 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 Capital Fund'', all reimbursable agreements, and all
uses of the Economy Act are explicitly identified in each Congressional
appropriations 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 technology project that:
(1) is funded by the ``Office of the Chief Information Officer''; or
(2) is funded by multiple components of the Department of Homeland
Security through reimbursable agreements: Provided, 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 ``Customs and Border
Protection, Salaries and Expenses''; and $85,200,000 under the heading
``Immigration and Customs Enforcement, Salaries and Expenses''.
Sec. 6028. Of the unobligated balances available in the
``Department 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 for the
construction, operations and maintenance of an expansion to the West
Yellowstone Visitor Information Center to be constructed 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 extraction 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 conveyed 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 Congressional
Silence.--
(1) In general.--It is the policy of Congress that it is in the
public interest for each State to continue to regulate the taking
for any purpose of fish and wildlife within its boundaries,
including by means of laws or regulations that differentiate
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 Constitution (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, statutes, 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 Environmental
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 improvements''.
Sec. 6038. The referenced statement of the managers under the
heading ``State and Tribal Assistance Grants'' for the Environmental
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 Environmental
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.
(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 Development (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'';
(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 documentary 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 Pennsylvania
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 equipment'';
(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 equipment'';
(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 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 ``University of Iowa,
Iowa City, IA for the Iowa and Israel: Partners in Excellence
program to enhance math and science opportunities 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 activities'';
(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 programs'';
(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 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 Security
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 paragraph
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 understanding
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.''.
(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 Modernization 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, Washington,
DC, for a scholarship fund.
copyright royalty judges
Sec. 6048. (a) The item relating to ``LIBRARY OF CONGRESS--
Copyright Office--salaries and expenses'' in the Legislative 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 Appropriations 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 Appropriations Act,
2002.
technical correction
Sec. 6050. Notwithstanding any other provision of law, unexpended
and unobligated funds appropriated by Public Law 108-7 to the accounts
under the heading ``SENATE'' relating to Legislative Branch
appropriations shall remain available without fiscal 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 available 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 ``Section 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 Technical 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 modernization of
the Mason Building''.
(b) Section 621 of title VI of division B of Public Law 108-199, as
amended by Public Law 108-447, is amended by striking ``, for the
continued modernization of the Mason Building''.
Sec. 6057. (a) Section 633 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations 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.
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 Bankruptcy 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, technology, 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 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 section
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 Fitchburg 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.
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
renovation 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 Groveland'';
(3) with respect to item number 218 by striking ``for
construction'' and inserting ``for design and engineering'';
(4) with respect to item number 472 by striking ``for sidewalk,
curbs and facade improvements in the Morton Avenue neighborhood''
and inserting ``for streetscape renovation'';
(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 renovations of
an art, education, and community outreach center'' and inserting
``for the Moneta Arts, Education, and Community Outreach Center in
Moneta, Virginia for facilities construction and renovations'';
(5) with respect to item number 910 by striking ``repairs to''
and inserting ``renovation and 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 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 revenue from a private or alternative
financing proposal approved pursuant to section 106 of DC Act 15-
717, the `Ballpark Omnibus Financing and Revenue Act of 2004'
approved by the District of Columbia, December 29, 2004, and
``(2) $15,000,000 from local funds shall be transferred under
the heading `Repayment of Loans and Interest', and
``(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'.''.
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 deposited 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 TERRORIST 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'';
(2) by striking ``the Attorney General'' the second and third
places such term appears and inserting ``the Secretary of Homeland
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 establish
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 refugee.
In determining whether the applicant has met the
applicant's burden, the trier of fact may weigh the
credible testimony along with other evidence of record.
Where the trier of fact determines that the applicant
should provide evidence that corroborates otherwise
credible testimony, such evidence must be provided unless
the applicant does not have the evidence and cannot
reasonably obtain the evidence.
``(iii) Credibility determination.--Considering the
totality of the circumstances, and all relevant factors, 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 statements with other evidence of
record (including the reports of the Department of State on
country conditions), and any inaccuracies or falsehoods in
such statements, without regard to whether an
inconsistency, inaccuracy, or falsehood goes to the heart
of the applicant's claim, 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 presumption 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:
``(C) Sustaining burden of proof; credibility
determinations.--In determining whether an alien has
demonstrated that the alien's life or freedom would be
threatened for a reason described in subparagraph (A), the
trier of fact shall determine whether the alien has sustained
the alien's burden of proof, and shall make credibility
determinations, in the manner described in clauses (ii) and
(iii) of 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 paragraphs
(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 evidence which corroborates
otherwise credible testimony, such evidence must be provided
unless the applicant demonstrates 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 circumstances 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 conditions), and any inaccuracies or
falsehoods in such statements, without regard to whether an
inconsistency, inaccuracy, or falsehood goes to the heart of
the applicant's claim, 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 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 Nationality
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 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 Terrorism
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 decision 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 interlocutory
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 precedes
the final sentence is amended to read as follows:
``(i) In general.--Any alien who--
``(I) has engaged in a terrorist activity;
``(II) a consular officer, the 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));
``(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 targets
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
demonstrate by clear and convincing evidence that
he did not know, and should not reasonably have
known, that the organization was a terrorist
organization;
``(V) to solicit any individual--
``(aa) to engage in conduct otherwise described
in this subsection;
``(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
convincing 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 support,
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 committed 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 demonstrate by
clear and convincing evidence that the actor did
not know, and should not reasonably have known,
that the organization was a terrorist
organization.''.
(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 individuals,
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--
(1) removal proceedings instituted before, on, or after the
date of the enactment of this division; and
(2) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or 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 Secretary
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 individual 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 International
Relations of the House of Representatives, the Committee on Foreign
Relations of the Senate, and the Committee on Homeland 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 deportable.''.
(2) Effective date.--The amendment made by paragraph (1) shall
take effect on the date of the enactment of this division, and the
amendment, and section 237(a)(4)(B) of the Immigration and
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.
(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 Nationality Act
(8 U.S.C. 1252) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting ``(statutory or
nonstatutory), including 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'';
(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 provision 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
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 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, 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
nonstatutory), 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, deportation, or exclusion) to the
court of appeals for the circuit in which a petition for review could
have been properly filed under section 242(b)(2) of the Immigration and
Nationality Act (8 U.S.C. 1252), as amended by this section, or under
section 309(c)(4)(D) of the Illegal Immigration Reform and 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. Notwithstanding any other provision of law
(statutory or nonstatutory), including section 2241 of title 28, United
States Code, or any other habeas corpus provision, and sections 1361
and 1651 of such title, such petition for 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:
(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
federally regulated commercial aircraft, entering nuclear power
plants, and any other purposes that the Secretary shall determine.
(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 requirements 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 tampering,
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:
(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 permanent
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 pursuant 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 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 requirements 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 Secretary of
Homeland Security to routinely utilize the automated 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 electronic
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 discrepancy 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.
(9) Establish fraudulent document recognition training programs
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
information 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
appropriate 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 noncompliance.
SEC. 206. REPEAL.
Section 7212 of the Intelligence Reform and Terrorism Prevention
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, equipment, 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 conclusions 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 Directorate 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 subsection (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 surveillance
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
technologies; and
(3) assess the feasibility and advisability of utilizing such
technologies to address such threats, including an assessment of
the technologies considered best suited to address such threats.
(b) Additional Requirements.--
(1) In general.--The pilot program shall include the
utilization 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
technologies 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 Security 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 Commerce, 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 recommendations 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 Federal, State, local, and tribal
agencies, shall develop and implement a plan--
(1) to improve the communications systems of the departments
and agencies of the Federal Government in order to facilitate the
integration of communications among the departments and agencies of
the Federal Government and State, local government agencies, and
Indian tribal agencies on matters relating to border security; and
(2) to enhance information sharing among the departments and
agencies of the Federal Government, State and local government
agencies, and Indian tribal agencies on such matters.
(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 Commerce, 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 Nationality
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 paragraph
(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 Security
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 allocate additional numbers for fiscal
year 2005 based on statistical 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.--Subsection (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 ``paragraph (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 programs 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 subsection (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 Nationality
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 administrative
remedies (including civil monetary penalties in an amount not to
exceed $10,000 per violation) as the Secretary of Homeland Security
determines to be appropriate; and
``(ii) the Secretary of Homeland Security may deny petitions
filed with respect to that employer under section 204 or paragraph
(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 conditions 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 preceding 1-year period--
``(A) were issued visas or otherwise provided nonimmigrant
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--
``(A) information on the countries of origin of,
occupations 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 Nationality 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 nonimmigrant
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 expeditious implementation of such
sections or the amendments made by such sections.
TITLE V--OTHER CHANGES TO PROVISIONS 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
limitation set out in this paragraph.
``(B) The applicable numerical limitation referred to in
subparagraph (A) is 10,500 for each fiscal year.
``(C) The applicable numerical limitation referred to in
subparagraph (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 members accompanying or following to join under
section 203(d) of such Act (8 U.S.C. 1153(d))) whose immigrant
worker petitions 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 subparagraph
(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.
``(ii) Maximum.--The total number of visas made available
under paragraph (1) from unused visas from the fiscal years
2001 through 2004 may not exceed 50,000.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.