[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1268 Reported in House (RH)]
Union Calendar No. 7
109th CONGRESS
1st Session
H. R. 1268
[Report No. 109-16]
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2005, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 2005
Mr. Lewis of California, from the Committee on Appropriations, reported
the following bill; which was committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making emergency supplemental appropriations 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, 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
CHAPTER 1
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$11,779,642,000: Provided, That the amounts provided under this heading
are designated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Congress).
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$534,080,000: Provided, That the amounts provided under this heading
are designated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Congress).
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$1,251,726,000: Provided, That the amounts provided under this heading
are designated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Congress).
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,473,472,000: Provided, That the amounts provided under this heading
are designated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Congress).
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$40,327,000: Provided, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th Congress).
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$11,111,000: Provided, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th Congress).
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$4,115,000: Provided, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th Congress).
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$130,000: Provided, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th Congress).
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$430,300,000: Provided, That the amounts provided under this heading
are designated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Congress).
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $91,000: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$17,366,004,000: Provided, That the amounts provided under this heading
are designated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Congress).
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$3,030,801,000: Provided, That the amounts provided under this heading
are designated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Congress).
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $982,464,000: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $5,769,450,000: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $3,061,300,000, 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 Committees on
Appropriations on the use of funds provided in this paragraph:
Provided further, That the amounts provided under this heading
are designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $8,154,000: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $75,164,000: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $24,920,000: Provided, That the amounts provided under
this heading are designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $188,779,000: Provided, That the amounts provided
under this heading are designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
Overseas Humanitarian, Disaster, and Civic Aid
For an additional amount for ``Overseas Humanitarian, Disaster, and
Civic Aid'', $10,000,000, to remain available until September 30, 2006:
Provided, That the amounts provided under this heading are designated
as an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
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 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 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 amounts provided under this heading are designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
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 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, notwithstanding any other
provision of law, from funds made available under this heading, up to
$99,000,000 may 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, training and funding, 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 amounts provided under this
heading are designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
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 amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$340,536,000, to remain available until September 30, 2007: Provided,
That the amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $2,678,747,000, to remain available until
September 30, 2007: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
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 amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
Other Procurement, Army
(including transfer of funds)
For an additional amount for ``Other Procurement, Army'',
$6,634,905,000, to remain available until September 30, 2007, of which
$85,000,000 shall be derived by transfer from ``Iraq Freedom Fund'':
Provided, That the amounts provided under this heading are designated
as an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$200,295,000, to remain available until September 30, 2007: Provided,
That the amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$71,600,000, to remain available until September 30, 2007: Provided,
That the amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $141,735,000, to remain available until September 30,
2007: Provided, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th Congress).
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$78,372,000, to remain available until September 30, 2007: Provided,
That the amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$3,588,495,000, to remain available until September 30, 2007: Provided,
That the amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$279,241,000, to remain available until September 30, 2007: Provided,
That the amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
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 amounts provided under this heading are designated
as an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$2,658,527,000, to remain available until September 30, 2007: Provided,
That the amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$646,327,000, to remain available until September 30, 2007: Provided,
That the amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $25,170,000, to remain available until September
30, 2006: Provided, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th Congress).
Research, Development, Test, and Evaluation, Navy
For an additional amount for ``Research, Development, Test, and
Evaluation, Navy'', $202,051,000, to remain available until September
30, 2006: Provided, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th Congress).
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $121,500,000, to remain available until
September 30, 2006: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $159,600,000, to remain available until
September 30, 2006: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$1,411,300,000: Provided, That the amounts provided under this heading
are designated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Congress).
National Defense Sealift Fund
For an additional amount for ``National Defense Sealift Fund'',
$32,400,000, to remain available until expended: Provided, That the
amounts provided under this heading are designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $257,000,000, to remain available until December
31, 2005: 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; procurement; and research, development, test and
evaluation: 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 amounts
provided under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
Office of the Inspector General
For an additional amount for ``Office of the Inspector General'',
$148,000: Provided, That the amounts provided under this heading are
designated as an emergency 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 amounts provided under
this heading are designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
GENERAL PROVISIONS--THIS CHAPTER
(transfer of funds)
Sec. 1101. Upon his determination that such action is necessary in
the national interest, the Secretary of Defense may transfer between
appropriations up to $2,000,000,000 of the funds made available to the
Department of Defense in this chapter: 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 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).
Sec. 1102. 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 ``$5,500,000,000'': 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).
(transfer of funds)
Sec. 1103. During fiscal year 2005, the Secretary of Defense may
transfer amounts in or credited to the Defense Cooperation Account,
pursuant to section 2608 of title 10, United States Code, to such
appropriations or funds of the Department of Defense as he shall
determine for use consistent with the purposes for which such funds
were contributed and accepted: Provided, That such amounts shall be
available for the same time period as the appropriation to which
transferred: Provided further, That the Secretary shall report to the
Congress all transfers made pursuant to this authority: Provided
further, That the amounts provided under this heading are designated as
an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
Sec. 1104. (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.
Sec. 1105. 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''.
Sec. 1106. For fiscal year 2005, the limitation under paragraph (3)
of section 2208(l) of title 10, United States Code, on the total amount
of advance billings rendered or imposed for all working capital funds
of the Department of Defense in a fiscal year shall be applied by
substituting ``$1,500,000,000'' for ``$1,000,000,000''.
Sec. 1107. Section 1201(a) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2077), as amended by section 102 of title I of division J of the
Consolidated 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''.
Sec. 1108. 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''.
Sec. 1109. (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.
Sec. 1110. Section 1096(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) is amended--
(1) in the matter preceding paragraph (1), by striking ``in
the fiscal year after the effective date of this Act'' and
inserting ``during fiscal years 2005 and 2006''; and
(2) in paragraph (1), by striking ``500 new personnel
billets'' and inserting ``a total of 500 new personnel
positions''.
Sec. 1111. Section 1051a(e) of title 10, United States Code, is
amended by striking ``September 30, 2005'' and inserting ``December 31,
2005''.
Sec. 1112. Notwithstanding subsection (c) of section 308e of title
37, United States Code, the maximum amount of the bonus paid to a
member of the Armed Forces pursuant to a reserve affiliation agreement
entered into under such section during fiscal year 2005 shall not
exceed $10,000, and the Secretary of Defense, and the Secretary of
Homeland Security with respect to the Coast Guard, may prescribe
regulations under subsection (f) of such section to modify the method
by which bonus payments are made under reserve affiliation agreements
entered into during such fiscal year.
Sec. 1113. (a) Increase in SGLI Maximum.--Section 1967 of title 38,
United States Code, is amended--
(1) in subsection (a)(3)(A)(i), by striking ``$250,000''
and inserting ``$400,000 or such lesser amount as the member
may elect in increments of $50,000'';
(2) in subsection (a)(3)(B), by striking ``member or spouse''
in the last sentence and inserting ``member, be evenly
divisible by $50,000 and, in the case of a member's spouse'';
and
(3) in subsection (d), by striking ``of $250,000'' and
inserting ``in effect under subsection (a)(3)(A)(i)''.
(b) Spouse Consent and Beneficiary Notification.--Section
1967(a)(3)(B) of such title is amended--
(1) by inserting ``(i)'' after ``(B)''; and
(2) by adding at the end the following new clauses:
``(ii) A member who is married may not,
without the written concurrence of the member's
spouse--
``(I) elect not to be insured under
this subchapter or to be insured under
this subchapter in an amount less than
the maximum amount provided for under
subparagraph (A)(i); or
``(II) designate any other person
as a beneficiary under this program.
``(iii) Whenever a member who is not
married elects not to be insured under this
subchapter or to be insured under this
subchapter in an amount less than the maximum
amount provided for under subparagraph (A)(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.''.
(c) Limitation on Spouse Coverage to Amount of Member Coverage.--
Section 1967(a)(3)(C) of such title is amended by inserting before the
period at the end the following: ``as applicable to such member under
subparagraph (A)(i)''.
(d) Conforming Amendments to VGLI Provisions.--Section 1977 of such
title is amended by striking ``$250,000'' each place it appears and
inserting ``$400,000''.
(e) Military Death Gratuity.--Section 1478 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking ``$12,000 (as adjusted
under subsection (c))'' and inserting ``$100,000''; and
(2) by striking subsection (c).
(f) Effective Date.--The amendments made by this section shall
apply with respect to deaths occurring on or after the date of the
enactment of this Act.
Sec. 1114. (a) Special Death Gratuity for Certain Prior Deaths in
Service.--In the case of the death of a member of the uniformed
services that is a qualifying death (as specified in subsection (b)),
the Secretary concerned shall pay a death gratuity of not more than
$238,000. Of that amount--
(1) $150,000 shall be paid in the manner specified in
subsection (c); and
(2) $88,000 shall be paid in the manner specified in
subsection (d).
(b) Qualifying Deaths.--The death of a member of the uniformed
services is a qualifying death for purpose of this section if--
(1) the member died during the period beginning on October
7, 2001, and ending on the day before the date of the enactment
of this Act; and
(2) for the purpose of section 1114(a)(2), the death was a
direct result of an injury or illness (or combination of one or
more injuries or illness) incurred in Operation Enduring
Freedom or Operation Iraqi Freedom, as determined under
regulations prescribed by the Secretary of Defense; and
(3) for the purpose of section 1114(a)(1), the death was a
direct result of an injury or illness (or combination of one or
more injuries or illness) incurred by any active duty military
member in the performance of duty.
(c) SGLI Beneficiaries.--A payment pursuant to subsection (a)(1) by
reason of a covered death shall be paid--
(1) to a beneficiary in proportion to the share of benefits
applicable to such beneficiary in the 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, United States Code; or
(2) in the case of a member who elected not to be insured
under the provisions of that subchapter, in equal shares to the
person or persons who would have received proceeds under those
provisions of law for a member who is insured under that
subchapter but does not designate named beneficiaries.
(d) Military Death Gratuity Beneficiaries.--A payment pursuant to
subsection (a)(2) by reason of a covered death shall be paid equal
shares to the beneficiaries who were paid the death gratuity that was
paid with respect to that death under subchapter II of chapter 75 of
title 10, United States Code.
(e) Status of Payments.--A death gratuity payable under this
section by reason of a qualifying death is in addition to any other
death gratuity or other benefit payable by the United States by reason
of that death.
(f) Definition.--For the purposes of this section, the term ``Secretary
concerned'' has the meaning given that term in section 101 of title 37,
United States Code.''.
Sec. 1115. Funds appropriated in this chapter, or made available by
transfer of funds in or pursuant to this chapter, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414).
Sec. 1116. None of the funds provided in this chapter 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.
CHAPTER 2
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$930,100,000, to remain available until September 30, 2006: Provided,
That $669,100,000 of such additional amount may not be obligated until
after that date on which the Secretary of Defense submits to the
Committees on Appropriations of the House of Representatives and Senate
the comprehensive master plans for overseas military infrastructure
required by House Report 108-342: Provided further, That
notwithstanding any other provision of law, such funds may be obligated
or expended to carry out planning and design and military construction
projects not otherwise authorized by law: Provided further, That the
amounts provided under this heading are designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $92,720,000, to remain available until September 30,
2006: Provided, That $32,380,000 of such additional amount may not be
obligated until after that date on which the Secretary of Defense
submits to the Committees on Appropriations of the House of
Representatives and Senate the comprehensive master plans for overseas
military infrastructure required by House Report 108-342: Provided
further, That notwithstanding any other provision of law, such funds
may be obligated or expended to carry out planning and design and
military construction projects not otherwise authorized by law:
Provided further, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th Congress).
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$301,386,000, to remain available until September 30, 2006: Provided,
That $301,386,000 of such additional amount may not be obligated until
after that date on which the Secretary of Defense submits to the
Committees on Appropriations of the House of Representatives and Senate
the comprehensive master plans for overseas military infrastructure
required by House Report 108-342: Provided further, That
notwithstanding any other provision of law, such funds may be obligated
or expended to carry out planning and design and military construction
projects not otherwise authorized by law: Provided further, That the
amounts provided under this heading are designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$1,542,100,000: Provided, That the amounts provided under this heading
are designated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Congress).
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$66,300,000: Provided, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th Congress).
Defense Health Program
For an additional amount for ``Defense Health Program'',
$175,550,000 for operation and maintenance: Provided, That the amounts
provided under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
TITLE II--INTERNATIONAL PROGRAMS AND ASSISTANCE FOR RECONSTRUCTION AND
THE WAR ON TERROR
CHAPTER 1
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
International Disaster and Famine Assistance
For an additional amount for ``International Disaster and Famine
Assistance'', $44,000,000, to remain available until expended, for
emergency expenses related to the humanitarian crisis in the Darfur
region of Sudan: Provided, That the amounts provided under this heading
are designated as an 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.
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.
OTHER BILATERAL ECONOMIC ASSISTANCE
Economic Support Fund
For an additional amount for ``Economic Support Fund'',
$684,700,000, to remain available until September 30, 2006, of which up
to $200,000,000 may be provided for programs, activities, and efforts
to support Palestinians.
For an additional amount for ``Economic Support Fund'',
$376,500,000, to remain available until September 30, 2006: Provided,
That these funds are hereby designated by Congress to be emergency
requirements 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'' for assistance for Ukraine,
$33,700,000, to remain available until September 30, 2006.
DEPARTMENT OF STATE
International Narcotics Control and Law Enforcement
(including transfer of funds)
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $594,000,000, to remain available until September
30, 2007, of which not more than $400,000,000 may be made available to
provide assistance to the Afghan police: Provided, That the amounts
provided under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
Migration and Refugee Assistance
For an additional amount for ``Migration and Refugee Assistance'',
$53,400,000, to remain available until September 30, 2006: Provided,
That the amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
Nonproliferation, Anti-Terrorism, Demining and Related Programs
For an additional amount for ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'', $17,100,000, to remain available until
September 30, 2006: Provided, That the amounts provided under this
heading are designated as an emergency requirement 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 the ``Foreign Military Financing
Program'', $250,000,000.
Peacekeeping Operations
For an additional amount for ``Peacekeeping Operations'',
$10,000,000, to remain available until September 30, 2006: Provided,
That the amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2101. Section 307(a) of the Foreign Assistance Act of 1961 is
amended by striking ``Iraq,''.
(rescission)
Sec. 2102. The unexpended balance appropriated by Public Law 108-11
under the heading ``Economic Support Fund'' and made available for
Turkey is rescinded.
Sec. 2103. Section 559 of division D of Public Law 108-447 is
amended by adding at the end the following:
``(e) Subsequent to the certification specified in 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.''.
Sec. 2104. The Secretary of State shall submit to the Committees on
Appropriations not later than 30 days after enactment, and prior to the
initial obligation of funds appropriated under this chapter, a report
on the proposed uses of all funds on a project-by-project basis, for
which the obligation of funds is anticipated: Provided, That up to 10
percent of funds appropriated under this chapter may be obligated
before the submission of the report 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.
Sec. 2105. The Comptroller General of the United States shall
conduct an audit of the use of all funds for the bilateral Afghanistan
counternarcotics and alternative livelihood programs in fiscal year
2005 under the heading ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'': Provided, That the audit shall
include an examination of all programs, projects and activities carried
out under such programs, including both obligations and expenditures.
Sec. 2106. No later than 60 days after the date of enactment of
this Act, the President shall submit a report to the Congress
detailing:
(1) information regarding the Palestinian 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
ensure democracy, the rule of law, and an independent
judiciary, and transparent and accountable governance;
(5) the Palestinian Authority's cooperation with U.S.
officials in their 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 to the West Bank and Gaza by this title under ``Economic
Support Fund'' shall be used for an outside, independent evaluation by
an internationally recognized accounting firm of the transparency and
accountability of Palestinian Authority accounting procedures and an
audit of expenditures by the Palestinian Authority: Provided further,
That the waiver authority of section 550(b) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2005 (Public
Law 108-447) may not be exercised with respect to funds appropriated
for assistance to the Palestinians under this chapter: Provided
further, That the waiver detailed in Presidential Determination 2005-10
issued on December 8, 2004, shall not be extended to funds appropriated
under this chapter.
CHAPTER 2
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
Diplomatic and Consular Programs
For an additional amount for ``Diplomatic and Consular Programs'',
$748,500,000, to remain available until September 30, 2006: Provided,
That the amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
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 amounts provided under this heading are designated
as an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
International Organizations
Contributions for International Peacekeeping Activities
(including transfer of funds)
For an additional amount for ``Contributions for International
Peacekeeping Activities'', $580,000,000, to remain available until
September 30, 2006: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress): Provided further, That up to $55,000,000 provided under this
heading may be transferred to ``Peacekeeping Operations'', to be
available for costs of establishing and operating a Sudan war crimes
tribunal.
RELATED AGENCY
Broadcasting Board of Governors
International Broadcasting Operations
For an additional amount for ``International 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 amounts provided under this heading are designated
as an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
CHAPTER 3
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
Public Law 480 Title II Grants
For an additional amount for ``Public Law 480 Title II Grants'',
$150,000,000, to remain available until expended: Provided, That the
amounts provided under this heading are designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
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'',
$110,000,000, to remain available until expended: Provided, That the
amounts provided under this heading are designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
CHAPTER 2
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
Operating Expenses
For an additional amount for ``Operating Expenses'', $111,950,000:
Provided, That the amounts provided under this heading are designated
as an emergency 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 amounts provided under this heading are
designated as an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th Congress).
CHAPTER 3
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$78,970,000: Provided, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th Congress).
Drug Enforcement Administration
Salaries and Expenses
For an additional amount for ``Salaries and Expenses,'' $7,648,000:
Provided, That the amounts provided under this heading are designated
as an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
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
for other purposes, $656,000,000, to remain available until September
30, 2006: Provided, That these funds may be transferred by the
Secretary of State to any Federal agency or account for any activity
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 the amounts provided under this heading are
designated as an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th Congress):
Provided further, That of the amounts provided herein: up to
$10,000,000 may be transferred to and consolidated with the Development
Credit Authority for the cost of direct loans and loan 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 $15,000,000
may be transferred to and consolidated with ``Operating Expenses of the
United States Agency for International Development'', of which up to
$2,000,000 may be used for administrative expenses to carry out credit
programs administered by the United States Agency for International
Development in furtherance of the purposes of this heading; up to
$500,000 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 ``Administration of Foreign Affairs
Emergencies in the Diplomatic and Consular Service'' for the purpose of
providing support services for U.S. citizen victims and related
operations.
GENERAL PROVISION
Sec. 4101. Amounts made available pursuant to section 492(b) of the
Foreign Assistance Act of 1961 to address relief and rehabilitation
needs for countries affected by the tsunami and earthquake of December
2004, prior to the enactment of this Act, shall be in addition to the
amount that may be obligated in fiscal year 2005 under that section.
Sec. 4102. The Secretary of State shall submit to the Committees on
Appropriations not later than 30 days after enactment, and prior to the
initial obligation of funds appropriated under this chapter, a report
on the proposed uses of all funds on a project-by-project basis, for
which the obligation of funds is anticipated: Provided, That up to 10
percent of funds appropriated under this chapter may be obligated
before the submission of the report 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 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.
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 amounts provided under this heading
are designated as an emergency requirement pursuant to section 402 of
the conference report to accompany S. Con. Res. 95 (108th Congress).
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $2,800,000: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $30,000,000: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $29,150,000: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Overseas Humanitarian, Disaster, and Civic Aid
For an additional amount for ``Overseas Humanitarian, Disaster, and
Civic Aid'', $36,000,000, to remain available until September 30, 2006:
Provided, That the amounts provided under this heading are designated
as an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
CHAPTER 3
DEPARTMENT OF DEFENSE
Defense Health Program
For an additional amount for ``Defense Health Program'', $3,600,000
for operation and maintenance: Provided, That the amounts provided
under this heading are designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
CHAPTER 4
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
Operating Expenses
For an additional amount for ``Operating Expenses'', $350,000:
Provided, That the amounts provided under this heading are designated
as an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
CHAPTER 5
DEPARTMENT OF THE INTERIOR
UNITED STATES GEOLOGICAL SURVEY
Surveys, Investigations, and Research
For an additional amount for ``Surveys, Investigations, and
Research'', $8,100,000, to remain available until September 30, 2006:
Provided, That the amounts provided under this heading are designated
as an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
CHAPTER 6
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Operations, Research, and Facilities
For an additional amount for ``Operations, Research, and
Facilities'', $4,830,000, to remain available until September 30, 2006,
for United States tsunami warning capabilities and operations:
Provided, That the amounts provided under this heading are designated
as an emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
Procurement, Acquisition and Construction
For an additional amount for ``Procurement, Acquisition and
Construction'', $9,670,000, to remain available until September 30,
2007, for United States tsunami warning capabilities: Provided, That
the amounts provided under this heading are designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
TITLE V--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS
Sec. 5001. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
(including transfers of funds)
Sec. 5002. Notwithstanding any other provision of law, upon
enactment of this Act, the Secretary of Defense shall make the
following transfers of funds previously made available in the
Department of Defense 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.
Sec. 5003. Funds appropriated by this Act may be obligated and
expended notwithstanding section 15 of the State Department Basic
Authorities Act of 1956, section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) and
section 10 of Public Law 91-672 (22 U.S.C. 2412), and section 504(a)(1)
of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 5004. The last proviso under the heading ``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''.
Sec. 5005. 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.''.
Sec. 5006. The matter under the heading ``Water and Related
Resources'' in title II of division C of Public Law 108-447 is amended
by inserting before the period at the end the following: ``: Provided
further, That $4,023,000 of the funds appropriated under this heading
shall be deposited in the San Gabriel Basin Restoration Fund
established by section 110 of title I of division B of the
Miscellaneous Appropriations Act, 2001 (as enacted into law by Public
Law 106-554)''.
Sec. 5007. In division C, title III of the Consolidated
Appropriations Act, 2005 (Public Law 108-447), the item relating to
``Department of Energy--Energy Programs--Nuclear Waste Disposal'' is
amended by--
(1) inserting ``to be derived from the Nuclear Waste Fund
and'' after ``$346,000,000,''; and
(2) striking ``to conduct scientific oversight
responsibilities and participate in licensing activities
pursuant to the Act'' and inserting ``to participate in
licensing activities and other appropriate activities pursuant
to the Act''.
Sec. 5008. Section 144(b)(2) of title I of division E of Public Law
108-447 is amended by striking ``September 24, 2004'' and inserting
``November 12, 2004''.
Sec. 5009. In the statement of the managers of the committee of
conference accompanying H.R. 4818 (Public Law 108-447; House Report
108-792), in the matter in title III of division F, relating to the
Fund for the 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''; and
(13) the provision specifying $163,000 for Space Education
Initiatives, Green Bay, WI for the Wisconsin Space Science
Initiative shall be deemed to read ``Space Education
Initiatives, De Pere, WI for the Wisconsin Space Science
Initiative''.
Sec. 5010. In the statement of the managers of the committee of
conference accompanying H.R. 4818 (Public Law 108-447; House Report
108-792), in the matter in title III of division F, relating to the
Fund for the 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''; and
(4) 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''.
Sec. 5011. 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''.
Sec. 5012. Section 114 of title I of division I of the Consolidated
Appropriations Act, 2005 (Public Law 108-447) is amended by inserting
before the period ``and section 303 of Public Law 108-422''.
Sec. 5013. Section 117 of title I of division I of the Consolidated
Appropriations Act, 2005 (Public Law 108-447) is amended by striking
``that are deposited into the Medical Care Collections Fund may be
transferred and merged with'' and inserting ``may be deposited into
the''.
Sec. 5014. Section 1703(d)(2) of title 38, United States Code, is
amended by striking ``shall be available for the purposes'' and
inserting ``shall be available, without fiscal limitation, for the
purposes''.
Sec. 5015. Section 621 of title VI of division B of Public Law 108-
199 is amended by striking ``of passenger, cargo and other aviation
services''.
Sec. 5016. Section 619(a) of title VI of division B of Public Law
108-447 is amended by striking ``Asheville-Buncombe Technical Community
College'' and inserting ``the International Small Business Institute''.
Sec. 5017. (a) Section 619(a) of title VI of division B of Public
Law 108-447 is amended by striking ``for the continued modernization of
the Mason Building''.
(b) Section 621 of title VI of division B of Public Law 108-199, as
amended by Public Law 108-447, is amended by striking ``, for the
continued modernization of the Mason Building''.
Sec. 5018. The Department of Justice may transfer funds from any
Department of Justice account to ``Detention Trustee'': Provided, That
the notification requirement in section 605(b) of title VI of division
B of Public Law 108-447 shall remain in effect for any such transfers.
Sec. 5019. The referenced statement of managers under the heading
``Community Development Fund'' in title II of division K of Public Law
108-7 is deemed to be amended--
(1) with respect to item number 39 by striking ``Conference
and Workforce Center in Harrison, 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. 5020. 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'';
and
(5) with respect to item number 493 by striking ``for land
acquisition'' and inserting ``for planning and design of its
Sports and Recreation Center and Education Complex''.
Sec. 5021. The referenced statement of the 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''; and
(6) with respect to item number 902 by striking ``City of
Brooklyn'' and inserting ``Fifth Ave Committee in Brooklyn''.
Sec. 5022. Section 308 of division B of Public Law 108-447 is
amended by striking all after the words ``shall be deposited'', and
inserting ``as offsetting receipts to the fund established under 28
U.S.C. 1931 and shall remain available to the Judiciary until expended
to reimburse any appropriation for the amount paid out of such
appropriation for expenses of the Courts of Appeals, District Courts,
and Other Judicial Services and the Administrative Offices of the
United States Courts.''.
Sec. 5023. Section 198 of division H of Public Law 108-447 is
amended by inserting ``under title 23 of the United States Code'' after
``law''.
Sec. 5024. The District of Columbia Appropriations Act, 2005
(Public Law 108-335) approved October 18, 2004, is amended as follows:
(1) Section 331 is amended as follows:
(A) in the first sentence by striking the word
``$15,000,000'' and inserting ``$42,000,000, to remain
available until expended,'' in its place, and
(B) by amending paragraph (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'.''
TITLE VI
HUMANITARIAN ASSISTANCE CODE OF CONDUCT
SECTION 6001. SHORT TITLE.
This title may be cited as the ``Humanitarian Assistance Code of
Conduct Act of 2005''.
SEC. 6002. CODE OF CONDUCT FOR THE PROTECTION OF BENEFICIARIES OF
HUMANITARIAN ASSISTANCE.
(a) Prohibition.--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) Six Core Principles.--The code of conduct referred to in
subsection (a) shall, to the maximum extent practicable, be consistent
with the following six core principles of the United Nations Inter-
Agency Standing Committee Task Force on Protection From Sexual
Exploitation and Abuse in Humanitarian Crises:
(1) ``Sexual exploitation and abuse by humanitarian workers
constitute acts of gross misconduct and are therefore grounds
for termination of employment.''.
(2) ``Sexual activity with children (persons under the age
of 18) is prohibited regardless of the age of majority or age
of consent locally. Mistaken belief regarding the age of a
child is not a defense.''.
(3) ``Exchange of money, employment, goods, or services for
sex, including sexual favors or other forms of humiliating,
degrading or exploitative behavior, is prohibited. This
includes exchange of assistance that is due to
beneficiaries.''.
(4) ``Sexual relationships between humanitarian workers and
beneficiaries are strongly discouraged since they are based on
inherently unequal power dynamics. Such relationships undermine
the credibility and integrity of humanitarian aid work.''.
(5) ``Where a humanitarian worker develops concerns or
suspicions regarding sexual abuse or exploitation by a fellow
worker, whether in the same agency or not, he or she must
report such concerns via established agency reporting
mechanisms.''.
(6) ``Humanitarian agencies are obliged to create and
maintain an environment which prevents sexual exploitation and
abuse and promotes the implementation of their code of conduct.
Managers at all levels have particular responsibilities to
support and develop systems which maintain this environment.''.
SEC. 6003. REPORT.
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 Committee on
Appropriations and the Committee on International Relations of the
House of Representatives and the Committee on Appropriations and the
Committee on Foreign Relations of the Senate a detailed report on the
implementation of this title.
SEC. 6004. EFFECTIVE DATE; APPLICABILITY.
This title--
(1) takes effect 60 days after the date of the enactment of
this Act; and
(2) applies to funds obligated after the effective date
referred to in paragraph (1)--
(A) for fiscal year 2005; and
(B) any subsequent fiscal year.
This Act may be cited as the ``Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Tsunami
Relief, 2005''.
Union Calendar No. 7
109th CONGRESS
1st Session
H. R. 1268
[Report No. 109-16]
_______________________________________________________________________
A BILL
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2005, and for other purposes.
_______________________________________________________________________
March 11, 2005
Committed to the Committee on the Whole House on the State of the Union
and ordered to be printed