[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1268 Reported in Senate (RS)]
Calendar No. 67
109th CONGRESS
1st Session
H. R. 1268
[Report No. 109-52]
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2005, to establish and rapidly implement regulations for
State driver's license and identification document security standards,
to prevent terrorists from abusing the asylum laws of the United
States, to unify terrorism-related grounds for inadmissibility and
removal, to ensure expeditious construction of the San Diego border
fence, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 16, 2005
Received; read twice and referred to the Committee on Appropriations
April 6, 2005
Reported by Mr. Cochran, with an amendment, and an amendment to the
title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2005, to establish and rapidly implement regulations for
State driver's license and identification document security standards,
to prevent terrorists from abusing the asylum laws of the United
States, to unify terrorism-related grounds for inadmissibility and
removal, to ensure expeditious construction of the San Diego border
fence, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>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:</DELETED>
<DELETED>DIVISION A--EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR
DEFENSE, THE GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF, 2005</DELETED>
<DELETED>TITLE I--DEFENSE-RELATED APPROPRIATIONS</DELETED>
<DELETED>CHAPTER 1</DELETED>
<DELETED>DEPARTMENT OF DEFENSE</DELETED>
<DELETED>DEPARTMENT OF DEFENSE--MILITARY</DELETED>
<DELETED>MILITARY PERSONNEL</DELETED>
<DELETED>Military Personnel, Army</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Military Personnel, Navy</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Military Personnel, Marine Corps</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Military Personnel, Air Force</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Reserve Personnel, Army</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Reserve Personnel, Navy</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Reserve Personnel, Marine Corps</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Reserve Personnel, Air Force</DELETED>
<DELETED> 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).</DELETED>
<DELETED>National Guard Personnel, Army</DELETED>
<DELETED> 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).</DELETED>
<DELETED>National Guard Personnel, Air Force</DELETED>
<DELETED> 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).</DELETED>
<DELETED>OPERATION AND MAINTENANCE</DELETED>
<DELETED>Operation and Maintenance, Army</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Operation and Maintenance, Navy</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Operation and Maintenance, Marine Corps</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Operation and Maintenance, Air Force</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Operation and Maintenance, Defense-Wide</DELETED>
<DELETED> For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $3,061,300,000 (reduced by $1,000,000) (increased by
$1,000,000), of which--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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).</DELETED>
<DELETED>Operation and Maintenance, Army Reserve</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Operation and Maintenance, Navy Reserve</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Operation and Maintenance, Marine Corps Reserve</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Operation and Maintenance, Army National Guard</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Overseas Humanitarian, Disaster, and Civic Aid</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Afghanistan Security Forces Fund</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Iraq Security Forces Fund</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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).</DELETED>
<DELETED>PROCUREMENT</DELETED>
<DELETED>Aircraft Procurement, Army</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Missile Procurement, Army</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Procurement of Weapons and Tracked Combat Vehicles,
Army</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Procurement of Ammunition, Army</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Other Procurement, Army</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Aircraft Procurement, Navy</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Weapons Procurement, Navy</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Procurement of Ammunition, Navy and Marine Corps</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Other Procurement, Navy</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Procurement, Marine Corps</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Aircraft Procurement, Air Force</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Procurement of Ammunition, Air Force</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Other Procurement, Air Force</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Procurement, Defense-Wide</DELETED>
<DELETED> 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).</DELETED>
<DELETED>RESEARCH, DEVELOPMENT, TEST AND EVALUATION</DELETED>
<DELETED>Research, Development, Test and Evaluation, Army</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Research, Development, Test, and Evaluation, Navy</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Research, Development, Test and Evaluation, Air
Force</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Research, Development, Test and Evaluation, Defense-
Wide</DELETED>
<DELETED> 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).</DELETED>
<DELETED>REVOLVING AND MANAGEMENT FUNDS</DELETED>
<DELETED>Defense Working Capital Funds</DELETED>
<DELETED> 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).</DELETED>
<DELETED>National Defense Sealift Fund</DELETED>
<DELETED> 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).</DELETED>
<DELETED>OTHER DEPARTMENT OF DEFENSE PROGRAMS</DELETED>
<DELETED>Drug Interdiction and Counter-Drug Activities,
Defense</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Office of the Inspector General</DELETED>
<DELETED> 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).</DELETED>
<DELETED>RELATED AGENCIES</DELETED>
<DELETED>Intelligence Community Management Account</DELETED>
<DELETED> 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).</DELETED>
<DELETED>GENERAL PROVISIONS--THIS CHAPTER</DELETED>
<DELETED>(transfer of funds)</DELETED>
<DELETED> 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).</DELETED>
<DELETED> 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).</DELETED>
<DELETED>(transfer of funds)</DELETED>
<DELETED> 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).</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) The Secretary of Defense may transfer vehicles,
aircraft, and detection, interception, monitoring and testing equipment
to said Governments for counter-drug activities.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) a military operation, including a contingency
operation; or</DELETED>
<DELETED> (2) an operation in response to a declared
emergency.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 1110. Section 1096(b) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) is amended--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) in paragraph (1), by striking ``500 new
personnel billets'' and inserting ``a total of 500 new
personnel positions''.</DELETED>
<DELETED> Sec. 1111. Section 1051a(e) of title 10, United States
Code, is amended by striking ``September 30, 2005'' and inserting
``December 31, 2005''.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 1113. (a) Increase in SGLI Maximum.--Section 1967 of
title 38, United States Code, is amended--</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) in subsection (d), by striking ``of $250,000''
and inserting ``in effect under subsection
(a)(3)(A)(i)''.</DELETED>
<DELETED> (b) Spouse Consent and Beneficiary Notification.--Section
1967(a)(3)(B) of such title is amended--</DELETED>
<DELETED> (1) by inserting ``(i)'' after ``(B)'';
and</DELETED>
<DELETED> (2) by adding at the end the following new
clauses:</DELETED>
<DELETED> ``(ii) A member who is married may
not, without the written concurrence of the
member's spouse--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) designate any other
person as a beneficiary under this
program.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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)''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (e) Military Death Gratuity.--Section 1478 of title 10,
United States Code, is amended--</DELETED>
<DELETED> (1) in subsection (a), by striking ``$12,000 (as
adjusted under subsection (c))'' and inserting ``$100,000'';
and</DELETED>
<DELETED> (2) by striking subsection (c).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) $150,000 shall be paid in the manner specified
in subsection (c); and</DELETED>
<DELETED> (2) $88,000 shall be paid in the manner specified
in subsection (d).</DELETED>
<DELETED> (b) Qualifying Deaths.--The death of a member of the
uniformed services is a qualifying death for purpose of this section
if--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) SGLI Beneficiaries.--A payment pursuant to subsection
(a)(1) by reason of a covered death shall be paid--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> 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).</DELETED>
<DELETED> 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.</DELETED>
<DELETED>CHAPTER 2</DELETED>
<DELETED>DEPARTMENT OF DEFENSE</DELETED>
<DELETED>Military Construction, Army</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Military Construction, Navy and Marine Corps</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Military Construction, Air Force</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Military Personnel, Army</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Operation and Maintenance, Army</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Defense Health Program</DELETED>
<DELETED> 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).</DELETED>
<DELETED>TITLE II--INTERNATIONAL PROGRAMS AND ASSISTANCE FOR
RECONSTRUCTION AND THE WAR ON TERROR</DELETED>
<DELETED>CHAPTER 1</DELETED>
<DELETED>BILATERAL ECONOMIC ASSISTANCE</DELETED>
<DELETED>FUNDS APPROPRIATED TO THE PRESIDENT</DELETED>
<DELETED>UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT</DELETED>
<DELETED>International Disaster and Famine Assistance</DELETED>
<DELETED> For an additional amount for ``International Disaster and
Famine Assistance'', $44,000,000 (increased by $50,000,000), to remain
available until expended, for emergency expenses related to the
humanitarian crisis in the Darfur region of Sudan: Provided, That the
amounts provided under this heading are designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).</DELETED>
<DELETED>Operating Expenses of the United States Agency for
International Development</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Operating Expenses of the United States Agency for
International Development</DELETED>
<DELETED>Office of Inspector General</DELETED>
<DELETED> 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.</DELETED>
<DELETED>OTHER BILATERAL ECONOMIC ASSISTANCE</DELETED>
<DELETED>Economic Support Fund</DELETED>
<DELETED> For an additional amount for ``Economic Support Fund'',
$684,700,000 (reduced by $3,000,000), to remain available until
September 30, 2006, of which up to $200,000,000 may be provided for
programs, activities, and efforts to support Palestinians.</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Assistance for the Independent States of the Former Soviet
Union</DELETED>
<DELETED> 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.</DELETED>
<DELETED>DEPARTMENT OF STATE</DELETED>
<DELETED>International Narcotics Control and Law Enforcement</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Migration and Refugee Assistance</DELETED>
<DELETED> For an additional amount for ``Migration and Refugee
Assistance'', $53,400,000 (increased by $50,000,000), to remain
available until September 30, 2006: Provided, That the amounts provided
under this heading are designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con. Res. 95
(108th Congress).</DELETED>
<DELETED>Nonproliferation, Anti-Terrorism, Demining and Related
Programs</DELETED>
<DELETED> 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).</DELETED>
<DELETED>MILITARY ASSISTANCE</DELETED>
<DELETED>FUNDS APPROPRIATED TO THE PRESIDENT</DELETED>
<DELETED>Foreign Military Financing Program</DELETED>
<DELETED> For an additional amount for the ``Foreign Military
Financing Program'', $250,000,000.</DELETED>
<DELETED>Peacekeeping Operations</DELETED>
<DELETED> 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).</DELETED>
<DELETED>GENERAL PROVISIONS--THIS CHAPTER</DELETED>
<DELETED> Sec. 2101. Section 307(a) of the Foreign Assistance Act of
1961 is amended by striking ``Iraq,''.</DELETED>
<DELETED>(rescission)</DELETED>
<DELETED> Sec. 2102. The unexpended balance appropriated by Public
Law 108-11 under the heading ``Economic Support Fund'' and made
available for Turkey is rescinded.</DELETED>
<DELETED> Sec. 2103. Section 559 of division D of Public Law 108-447
is amended by adding at the end the following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) the extent to which such Program complies
with the requirements of subsections (b) and (c), and</DELETED>
<DELETED> ``(2) an examination of all programs, projects,
and activities carried out under such Program, including both
obligations and expenditures.''.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (4) specific steps the Palestinian Authority has
taken to ensure democracy, the rule of law, and an independent
judiciary, and transparent and accountable
governance;</DELETED>
<DELETED> (5) the Palestinian Authority's cooperation with
United States officials in their investigations into the late
Palestinian leader Yasser Arafat's finances; and</DELETED>
<DELETED> (6) the amount of assistance pledged and actually
provided to the Palestinian Authority by other
donors:</DELETED>
<DELETED>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.</DELETED>
<DELETED>CHAPTER 2</DELETED>
<DELETED>DEPARTMENT OF STATE AND RELATED AGENCY</DELETED>
<DELETED>DEPARTMENT OF STATE</DELETED>
<DELETED>Administration of Foreign Affairs</DELETED>
<DELETED>Diplomatic and Consular Programs</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Embassy Security, Construction, and Maintenance</DELETED>
<DELETED> 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).</DELETED>
<DELETED>International Organizations</DELETED>
<DELETED>Contributions for International Peacekeeping
Activities</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>RELATED AGENCY</DELETED>
<DELETED>Broadcasting Board of Governors</DELETED>
<DELETED>International Broadcasting Operations</DELETED>
<DELETED> 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).</DELETED>
<DELETED>CHAPTER 3</DELETED>
<DELETED>DEPARTMENT OF AGRICULTURE</DELETED>
<DELETED>Foreign Agricultural Service</DELETED>
<DELETED>Public Law 480 Title II Grants</DELETED>
<DELETED> 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).</DELETED>
<DELETED>TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON
TERROR</DELETED>
<DELETED>CHAPTER 1</DELETED>
<DELETED>DEPARTMENT OF ENERGY</DELETED>
<DELETED>NATIONAL NUCLEAR SECURITY ADMINISTRATION</DELETED>
<DELETED>Defense Nuclear Nonproliferation</DELETED>
<DELETED> 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).</DELETED>
<DELETED>CHAPTER 2</DELETED>
<DELETED>DEPARTMENT OF HOMELAND SECURITY</DELETED>
<DELETED>UNITED STATES COAST GUARD</DELETED>
<DELETED>Operating Expenses</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Acquisition, Construction, and Improvements</DELETED>
<DELETED> 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).</DELETED>
<DELETED>CHAPTER 3</DELETED>
<DELETED>DEPARTMENT OF JUSTICE</DELETED>
<DELETED>Federal Bureau of Investigation</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Drug Enforcement Administration</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED> 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).</DELETED>
<DELETED>TITLE IV--INDIAN OCEAN TSUNAMI RELIEF</DELETED>
<DELETED>CHAPTER 1</DELETED>
<DELETED>FUNDS APPROPRIATED TO THE PRESIDENT</DELETED>
<DELETED>OTHER BILATERAL ASSISTANCE</DELETED>
<DELETED>Tsunami Recovery and Reconstruction Fund</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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 (increased by $3,000,000),
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.</DELETED>
<DELETED>GENERAL PROVISION</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>CHAPTER 2</DELETED>
<DELETED>DEPARTMENT OF DEFENSE--MILITARY</DELETED>
<DELETED>OPERATION AND MAINTENANCE</DELETED>
<DELETED>Operation and Maintenance, Navy</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Operation and Maintenance, Marine Corps</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Operation and Maintenance, Air Force</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Operation and Maintenance, Defense-Wide</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Overseas Humanitarian, Disaster, and Civic Aid</DELETED>
<DELETED> 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).</DELETED>
<DELETED>CHAPTER 3</DELETED>
<DELETED>DEPARTMENT OF DEFENSE</DELETED>
<DELETED>Defense Health Program</DELETED>
<DELETED> 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).</DELETED>
<DELETED> CHAPTER 4</DELETED>
<DELETED>DEPARTMENT OF HOMELAND SECURITY</DELETED>
<DELETED>UNITED STATES COAST GUARD</DELETED>
<DELETED>Operating Expenses</DELETED>
<DELETED> 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).</DELETED>
<DELETED>CHAPTER 5</DELETED>
<DELETED>DEPARTMENT OF THE INTERIOR</DELETED>
<DELETED>UNITED STATES GEOLOGICAL SURVEY</DELETED>
<DELETED>Surveys, Investigations, and Research</DELETED>
<DELETED> 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).</DELETED>
<DELETED>CHAPTER 6</DELETED>
<DELETED>DEPARTMENT OF COMMERCE</DELETED>
<DELETED>National Oceanic and Atmospheric Administration</DELETED>
<DELETED>Operations, Research, and Facilities</DELETED>
<DELETED> 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).</DELETED>
<DELETED>Procurement, Acquisition and Construction</DELETED>
<DELETED> 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).</DELETED>
<DELETED>TITLE V--GENERAL PROVISIONS AND TECHNICAL
CORRECTIONS</DELETED>
<DELETED> 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.</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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:</DELETED>
<DELETED>To:</DELETED>
<DELETED>Under the heading, ``Research,
Development, Test and Evaluation, Air Force,
2005/2006'', $500,000;</DELETED>
<DELETED>From:</DELETED>
<DELETED>Under the heading, ``Other
Procurement, Air Force'', $500,000.</DELETED>
<DELETED>To:</DELETED>
<DELETED>Under the heading, ``Other
Procurement, Air Force, 2005/2007'',
$8,200,000;</DELETED>
<DELETED>From:</DELETED>
<DELETED>Under the heading, ``Other
Procurement, Navy, 2005/2007'',
$8,200,000.</DELETED>
<DELETED> 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)).</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> 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.''.</DELETED>
<DELETED> 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)''.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) inserting ``to be derived from the Nuclear
Waste Fund and'' after ``$346,000,000,''; and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> 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''--</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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)'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> 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''--</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) with respect to item number 56 by striking
``Conference and Training Center'' and inserting ``North
Arkansas College Health Sciences Education Center'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (3) with respect to item number 218 by striking
``for construction'' and inserting ``for design and
engineering'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) with respect to item number 706 by striking ``
a public swimming pool'' and inserting ``recreation
fields'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (5) with respect to item number 910 by striking
``repairs to'' and inserting ``renovation and construction
of''; and</DELETED>
<DELETED> (6) with respect to item number 902 by striking
``City of Brooklyn'' and inserting ``Fifth Ave Committee in
Brooklyn''.</DELETED>
<DELETED> 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.''.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> Sec. 5024. The District of Columbia Appropriations Act,
2005 (Public Law 108-335) approved October 18, 2004, is amended as
follows:</DELETED>
<DELETED> (1) Section 331 is amended as follows:</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) by amending paragraph (5) to read as
follows:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (2) By inserting a new section before the short
title at the end to read as follows:</DELETED>
<DELETED> ``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:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) $15,000,000 from local funds shall be
transferred under the heading `Repayment of Loans and
Interest', and</DELETED>
<DELETED> ``(3) $14,000,000 from other funds shall be
transferred under the heading `Sports and Entertainment
Commission', and</DELETED>
<DELETED> ``(4) $2,809,000 from other funds shall be
transferred under the heading `Water and Sewer
Authority'.''.</DELETED>
<DELETED>TITLE VI--</DELETED>
<DELETED>HUMANITARIAN ASSISTANCE CODE OF CONDUCT</DELETED>
<DELETED>SEC. 6001. SHORT TITLE.</DELETED>
<DELETED> This title may be cited as the ``Humanitarian Assistance
Code of Conduct Act of 2005''.</DELETED>
<DELETED>SEC. 6002. CODE OF CONDUCT FOR THE PROTECTION OF BENEFICIARIES
OF HUMANITARIAN ASSISTANCE.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) ``Sexual exploitation and abuse by
humanitarian workers constitute acts of gross misconduct and
are therefore grounds for termination of
employment.''.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED>SEC. 6003. REPORT.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 6004. EFFECTIVE DATE; APPLICABILITY.</DELETED>
<DELETED> This title--</DELETED>
<DELETED> (1) takes effect 60 days after the date of the
enactment of this Act; and</DELETED>
<DELETED> (2) applies to funds obligated after the effective
date referred to in paragraph (1)--</DELETED>
<DELETED> (A) for fiscal year 2005; and</DELETED>
<DELETED> (B) any subsequent fiscal year.</DELETED>
<DELETED>TITLE VII--ADDITIONAL GENERAL PROVISIONS</DELETED>
<DELETED> Sec. 7001. None of the funds made available in this Act
may be used for embassy security, construction, and
maintenance.</DELETED>
<DELETED> Sec. 7002. None of the funds made available in this Act
may be used to fund any contract in contravention of section 15(g)(2)
of the Small Business Act (15 U.S.C. 644(g)(2)).</DELETED>
<DELETED> Sec. 7003. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (done at New York on December 10, 1984):</DELETED>
<DELETED> (1) Section 2340A of title 18, United States
Code.</DELETED>
<DELETED> (2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and any regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title 22,
Code of Federal Regulations.</DELETED>
<DELETED> This division may be cited as the ``Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Tsunami
Relief, 2005''.</DELETED>
<DELETED>DIVISION B--REAL ID ACT OF 2005</DELETED>
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This division may be cited as the ``REAL ID Act of
2005''.</DELETED>
<DELETED>TITLE I--AMENDMENTS TO FEDERAL LAWS TO PROTECT AGAINST
TERRORIST ENTRY</DELETED>
<DELETED>SEC. 101. PREVENTING TERRORISTS FROM OBTAINING RELIEF FROM
REMOVAL.</DELETED>
<DELETED> (a) Conditions for Granting Asylum.--Section 208(b)(1) of
the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)) is amended--
</DELETED>
<DELETED> (1) by striking ``The Attorney General'' the first
place such term appears and inserting the following:</DELETED>
<DELETED> ``(A) Eligibility.--The Secretary of
Homeland Security or the Attorney General'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(B) Burden of proof.--</DELETED>
<DELETED> ``(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 a central reason for persecuting
the applicant.</DELETED>
<DELETED> ``(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, in the trier of fact's
discretion, that the applicant should provide
evidence which corroborates otherwise credible
testimony, such evidence must be provided
unless the applicant does not have the evidence
and cannot reasonably obtain the evidence
without departing the United States. The
inability to obtain corroborating evidence does
not excuse the applicant from meeting the
applicant's burden of proof.</DELETED>
<DELETED> ``(iii) Credibility
determination.--The trier of fact should
consider all relevant factors and may, in the
trier of fact's discretion, base the trier of
fact's credibility determination on any such
factor, including 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
made under oath), 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. There is no presumption
of credibility.''.</DELETED>
<DELETED> (b) Withholding of Removal.--Section 241(b)(3) of the
Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is amended by
adding at the end the following:</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED> (c) Other Requests for Relief From Removal.--Section
240(c) of the Immigration and Nationality Act (8 U.S.C. 1230(c)) is
amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (4), (5), and (6)
as paragraphs (5), (6), and (7), respectively; and</DELETED>
<DELETED> (2) by inserting after paragraph (3) the
following:</DELETED>
<DELETED> ``(4) Applications for relief from removal.--
</DELETED>
<DELETED> ``(A) In general.--An alien applying for
relief or protection from removal has the burden of
proof to establish that the alien--</DELETED>
<DELETED> ``(i) satisfies the applicable
eligibility requirements; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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 in the judge's discretion 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 without departing from the United States.
The inability to obtain corroborating evidence does not
excuse the applicant from meeting the burden of
proof.</DELETED>
<DELETED> ``(C) Credibility determination.--The
immigration judge should consider all relevant factors
and may, in the judge's discretion, base the judge's
credibility determination on any such factor, including
the demeanor, candor, or responsiveness of the
applicant or witness, the 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 made under
oath), 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. There is no
presumption of credibility.''.</DELETED>
<DELETED> (d) 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 that a reasonable trier of fact is compelled to conclude that
such corroborating evidence is unavailable.''.</DELETED>
<DELETED> (e) Clarification of Discretion.--Section 242(a)(2)(B) of
the Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) is
amended--</DELETED>
<DELETED> (1) by inserting ``or the Secretary of Homeland
Security'' after ``Attorney General'' each place such term
appears; and</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (f) Removal of Caps.--Section 209 of the Immigration and
Nationality Act (8 U.S.C. 1159) is amended--</DELETED>
<DELETED> (1) in subsection (a)(1)--</DELETED>
<DELETED> (A) by striking ``Service'' and inserting
``Department of Homeland Security''; and</DELETED>
<DELETED> (B) by striking ``Attorney General'' each
place such term appears and inserting ``Secretary of
Homeland Security or the Attorney General'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) by striking ``Not more'' and all that
follows through ``asylum who--'' and inserting ``The
Secretary of Homeland Security or the Attorney General,
in the Secretary's or the 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</DELETED>
<DELETED> (B) in the matter following paragraph (5),
by striking ``Attorney General'' and inserting
``Secretary of Homeland Security or the Attorney
General''; and</DELETED>
<DELETED> (3) in subsection (c), by striking ``Attorney
General'' and inserting ``Secretary of Homeland Security or the
Attorney General''.</DELETED>
<DELETED> (g) Effective Dates.--</DELETED>
<DELETED> (1) The amendments made by paragraphs (1) and (2)
of subsection (a) shall take effect as if enacted on March 1,
2003.</DELETED>
<DELETED> (2) The amendments made by subsections (a)(3),
(b), and (c) shall take effect on the date of the enactment of
this division and shall apply to applications for asylum,
withholding, or other removal made on or after such
date.</DELETED>
<DELETED> (3) The amendment made by subsection (d) shall
take effect on the date of the enactment of this division and
shall apply to all cases in which the final administrative
removal order is or was issued before, on, or after such
date.</DELETED>
<DELETED> (4) The amendments made by subsection (e) shall
take effect on the date of the enactment of this division and
shall apply to all cases pending before any court on or after
such date.</DELETED>
<DELETED> (5) The amendments made by subsection (f) shall
take effect on the date of the enactment of this
division.</DELETED>
<DELETED> (h) Repeal.--Section 5403 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) is
repealed.</DELETED>
<DELETED>SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT OF BARRIERS
AT BORDERS.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(c) Waiver.--</DELETED>
<DELETED> ``(1) In general.--Notwithstanding any other
provision of law, the Secretary of Homeland Security shall have
the authority to waive, and shall waive, all laws such
Secretary, in such Secretary's sole discretion, determines
necessary to ensure expeditious construction of the barriers
and roads under this section.</DELETED>
<DELETED> ``(2) No judicial review.--Notwithstanding any
other provision of law (statutory or nonstatutory), no court,
administrative agency, or other entity shall have
jurisdiction--</DELETED>
<DELETED> ``(A) to hear any cause or claim arising
from any action undertaken, or any decision made, by
the Secretary of Homeland Security pursuant to
paragraph (1); or</DELETED>
<DELETED> ``(B) to order compensatory, declaratory,
injunctive, equitable, or any other relief for damage
alleged to arise from any such action or
decision.''.</DELETED>
<DELETED>SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TERRORIST-
RELATED ACTIVITIES.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(i) In general.--Any alien who--
</DELETED>
<DELETED> ``(I) has engaged in a
terrorist activity;</DELETED>
<DELETED> ``(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));</DELETED>
<DELETED> ``(III) has, under
circumstances indicating an intention
to cause death or serious bodily harm,
incited terrorist activity;</DELETED>
<DELETED> ``(IV) is a representative
(as defined in clause (v)) of--
</DELETED>
<DELETED> ``(aa) a terrorist
organization (as defined in
clause (vi)); or</DELETED>
<DELETED> ``(bb) a
political, social, or other
group that endorses or espouses
terrorist activity;</DELETED>
<DELETED> ``(V) is a member of a
terrorist organization described in
subclause (I) or (II) of clause
(vi);</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(VII) endorses or
espouses terrorist activity or
persuades others to endorse or espouse
terrorist activity or support a
terrorist organization;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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,</DELETED>
<DELETED>is inadmissible.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) to commit or to
incite to commit, under circumstances
indicating an intention to cause death
or serious bodily injury, a terrorist
activity;</DELETED>
<DELETED> ``(II) to prepare or plan
a terrorist activity;</DELETED>
<DELETED> ``(III) to gather
information on potential targets for
terrorist activity;</DELETED>
<DELETED> ``(IV) to solicit funds or
other things of value for--</DELETED>
<DELETED> ``(aa) a terrorist
activity;</DELETED>
<DELETED> ``(bb) a terrorist
organization described in
clause (vi)(I) or (vi)(II);
or</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(V) to solicit any
individual--</DELETED>
<DELETED> ``(aa) to engage
in conduct otherwise described
in this subsection;</DELETED>
<DELETED> ``(bb) for
membership in a terrorist
organization described in
clause (vi)(I) or (vi)(II);
or</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(aa) for the
commission of a terrorist
activity;</DELETED>
<DELETED> ``(bb) to any
individual who the actor knows,
or reasonably should know, has
committed or plans to commit a
terrorist activity;</DELETED>
<DELETED> ``(cc) to a
terrorist organization
described in subclause (I) or
(II) of clause (vi) or to any
member of such an organization;
or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>This clause shall not apply to any
material support the alien afforded to an
organization or individual that has committed
terrorist activity, if the Secretary of State,
after consultation with the Attorney General
and the Secretary of Homeland Security, or the
Attorney General, after consultation with the
Secretary of State and the Secretary of
Homeland Security, concludes in his sole
unreviewable discretion, that this clause
should not apply.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(vi) Terrorist organization
defined.--As used in this section, the term
`terrorist organization' means an
organization--</DELETED>
<DELETED> ``(I) designated under
section 219;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) removal proceedings instituted before, on, or
after the date of the enactment of this division; and</DELETED>
<DELETED> (2) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after such date.</DELETED>
<DELETED>SEC. 104. REMOVAL OF TERRORISTS.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(B) Terrorist activities.--Any alien who
is described in subparagraph (B) or (F) of section
212(a)(3) is deportable.''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) removal proceedings instituted before,
on, or after the date of the enactment of this
division; and</DELETED>
<DELETED> (B) acts and conditions constituting a
ground for inadmissibility, excludability, deportation,
or removal occurring or existing before, on, or after
such date.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 105. JUDICIAL REVIEW OF ORDERS OF REMOVAL.</DELETED>
<DELETED> (a) In General.--Section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (2)--</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(D) Judicial review of certain legal
claims.--Nothing in subparagraph (B) or (C), or in any
other provision of this Act which limits or eliminates
judicial review, shall be construed as precluding
review of constitutional claims or pure questions of
law raised upon a petition for review filed with an
appropriate court of appeals in accordance with this
section.''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (3)(B), by inserting
``pursuant to subsection (f)'' after ``unless'';
and</DELETED>
<DELETED> (B) in paragraph (9), by adding at the end
the following: ``Except as otherwise provided in this
section, no court shall have jurisdiction, by habeas
corpus under section 2241 of title 28, United States
Code, or any other habeas corpus provision, by section
1361 or 1651 of such title, or by any other provision
of law (statutory or nonstatutory), to review such an
order or such questions of law or fact.'';
and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 106. DELIVERY BONDS.</DELETED>
<DELETED> (a) Definitions.--For purposes of this section:</DELETED>
<DELETED> (1) Delivery bond.--The term ``delivery bond''
means a written suretyship undertaking for the surrender of an
individual against whom the Department of Homeland Security has
issued an order to show cause or a notice to appear, the
performance of which is guaranteed by an acceptable surety on
Federal bonds.</DELETED>
<DELETED> (2) Principal.--The term ``principal'' means an
individual who is the subject of a bond.</DELETED>
<DELETED> (3) Suretyship undertaking.--The term ``suretyship
undertaking'' means a written agreement, executed by a bonding
agent on behalf of a surety, which binds all parties to its
certain terms and conditions and which provides obligations for
the principal and the surety while under the bond and penalties
for forfeiture to ensure the obligations of the principal and
the surety under the agreement.</DELETED>
<DELETED> (4) Bonding agent.--The term ``bonding agent''
means any individual properly licensed, approved, and appointed
by power of attorney to execute or countersign surety bonds in
connection with any matter governed by the Immigration and
Nationality Act as amended (8 U.S.C. 1101, et seq.), and who
receives a premium for executing or countersigning such surety
bonds.</DELETED>
<DELETED> (5) Surety.--The term ``surety'' means an entity,
as defined by, and that is in compliance with, sections 9304
through 9308 of title 31, United States Code, that agrees--
</DELETED>
<DELETED> (A) to guarantee the performance, where
appropriate, of the principal under a bond;</DELETED>
<DELETED> (B) to perform the bond as required;
and</DELETED>
<DELETED> (C) to pay the face amount of the bond as
a penalty for failure to perform.</DELETED>
<DELETED> (b) Validity, Agent not Co-Obligor, Expiration, Renewal,
and Cancellation of Bonds.--</DELETED>
<DELETED> (1) Validity.--Delivery bond undertakings are
valid if such bonds--</DELETED>
<DELETED> (A) state the full, correct, and proper
name of the alien principal;</DELETED>
<DELETED> (B) state the amount of the
bond;</DELETED>
<DELETED> (C) are guaranteed by a surety and
countersigned by an agent who is properly
appointed;</DELETED>
<DELETED> (D) bond documents are properly executed;
and</DELETED>
<DELETED> (E) relevant bond documents are properly
filed with the Secretary of Homeland
Security.</DELETED>
<DELETED> (2) Bonding agent not co-obligor, party, or
guarantor in individual capacity, and no refusal if acceptable
surety.--Section 9304(b) of title 31, United States Code, is
amended by adding at the end the following: ``Notwithstanding
any other provision of law, no bonding agent of a corporate
surety shall be required to execute bonds as a co-obligor,
party, or guarantor in an individual capacity on bonds provided
by the corporate surety, nor shall a corporate surety bond be
refused if the corporate surety appears on the current Treasury
Department Circular 570 as a company holding a certificate of
authority as an acceptable surety on Federal bonds and attached
to the bond is a currently valid instrument showing the
authority of the bonding agent of the surety company to execute
the bond.''.</DELETED>
<DELETED> (3) Expiration.--A delivery bond undertaking shall
expire at the earliest of--</DELETED>
<DELETED> (A) 1 year from the date of
issue;</DELETED>
<DELETED> (B) at the cancellation of the bond or
surrender of the principal; or</DELETED>
<DELETED> (C) immediately upon nonpayment of the
renewal premium.</DELETED>
<DELETED> (4) Renewal.--Delivery bonds may be renewed
annually, with payment of proper premium to the surety, if
there has been no breach of conditions, default, claim, or
forfeiture of the bond. Notwithstanding any renewal, when the
alien is surrendered to the Secretary of Homeland Security for
removal, the Secretary shall cause the bond to be
canceled.</DELETED>
<DELETED> (5) Cancellation.--Delivery bonds shall be
canceled and the surety exonerated--</DELETED>
<DELETED> (A) for nonrenewal after the alien has
been surrendered to the Department of Homeland Security
for removal;</DELETED>
<DELETED> (B) if the surety or bonding agent
provides reasonable evidence that there was
misrepresentation or fraud in the application for the
bond;</DELETED>
<DELETED> (C) upon the death or incarceration of the
principal, or the inability of the surety to produce
the principal for medical reasons;</DELETED>
<DELETED> (D) if the principal is detained by any
law enforcement agency of any State, county, city, or
any politial subdivision thereof;</DELETED>
<DELETED> (E) if it can be established that the
alien departed the United States of America for any
reason without permission of the Secretary of Homeland
Security, the surety, or the bonding agent;</DELETED>
<DELETED> (F) if the foreign state of which the
principal is a national is designated pursuant to
section 244 of the Act (8 U.S.C. 1254a) after the bond
is posted; or</DELETED>
<DELETED> (G) if the principal is surrendered to the
Department of Homeland Security, removal by the surety
or the bonding agent.</DELETED>
<DELETED> (6) Surrender of principal; forfeiture of bond
premium.--</DELETED>
<DELETED> (A) Surrender.--At any time, before a
breach of any of the bond conditions, if in the opinion
of the surety or bonding agent, the principal becomes a
flight risk, the principal may be surrendered to the
Department of Homeland Security for removal.</DELETED>
<DELETED> (B) Forfeiture of bond premium.--A
principal may be surrendered without the return of any
bond premium if the principal--</DELETED>
<DELETED> (i) changes address without
notifying the surety, the bonding agent, and
the Secretary of Homeland Security in writing
prior to such change;</DELETED>
<DELETED> (ii) hides or is concealed from a
surety, a bonding agent, or the
Secretary;</DELETED>
<DELETED> (iii) fails to report to the
Secretary as required at least annually;
or</DELETED>
<DELETED> (iv) violates the contract with
the bonding agent or surety, commits any act
that may lead to a breach of the bond, or
otherwise violates any other obligation or
condition of the bond established by the
Secretary.</DELETED>
<DELETED> (7) Certified copy of bond and arrest warrant to
accompany surrender.--</DELETED>
<DELETED> (A) In general.--A bonding agent or surety
desiring to surrender the principal--</DELETED>
<DELETED> (i) shall have the right to
petition the Secretary of Homeland Security or
any Federal court, without having to pay any
fees or court costs, for an arrest warrant for
the arrest of the principal;</DELETED>
<DELETED> (ii) shall forthwith be provided 2
certified copies each of the arrest warrant and
the bond undertaking, without having to pay any
fees or courts costs; and</DELETED>
<DELETED> (iii) shall have the right to
pursue, apprehend, detain, and surrender the
principal, together with certified copies of
the arrest warrant and the bond undertaking, to
any Department of Homeland Security detention
official or Department detention facility or
any detention facility authorized to hold
Federal detainees.</DELETED>
<DELETED> (B) Effects of delivery.--Upon surrender
of a principal under subparagraph (A)(iii)--</DELETED>
<DELETED> (i) the official to whom the
principal is surrendered shall detain the
principal in custody and issue a written
certificate of surrender; and</DELETED>
<DELETED> (ii) the Secretary of Homeland
Security shall immediately exonerate the surety
from any further liability on the
bond.</DELETED>
<DELETED> (8) Form of bond.--Delivery bonds shall in all
cases state the following and be secured by a corporate surety
that is certified as an acceptable surety on Federal bonds and
whose name appears on the current Treasury Department Circular
570:</DELETED>
<DELETED> ``(A) Breach of bond; procedure,
forfeiture, notice.--</DELETED>
<DELETED> ``(i) If a principal violates any
conditions of the delivery bond, or the
principal is or becomes subject to a final
administrative order of deportation or removal,
the Secretary of Homeland Security shall--
</DELETED>
<DELETED> ``(I) immediately issue a
warrant for the principal's arrest and
enter that arrest warrant into the
National Crime Information Center
(NCIC) computerized information
database;</DELETED>
<DELETED> ``(II) order the bonding
agent and surety to take the principal
into custody and surrender the
principal to any one of 10 designated
Department of Homeland Security `turn-
in' centers located nationwide in the
areas of greatest need, at any time of
day during 15 months after mailing the
arrest warrant and the order to the
bonding agent and the surety as
required by subclause (III), and
immediately enter that order into the
National Crime Information Center
(NCIC) computerized information
database; and</DELETED>
<DELETED> ``(III) mail 2 certified
copies each of the arrest warrant
issued pursuant to subclause (I) and 2
certified copies each of the order
issued pursuant to subclause (II) to
only the bonding agent and surety via
certified mail return receipt to their
last known addresses.</DELETED>
<DELETED> ``(ii) Bonding agents and sureties
shall immediately notify the Secretary of
Homeland Security of their changes of address
and/or telephone numbers.</DELETED>
<DELETED> ``(iii) The Secretary of Homeland
Security shall establish, disseminate to
bonding agents and sureties, and maintain on a
current basis a secure nationwide toll-free
list of telephone numbers of Department of
Homeland Security officials, including the
names of such officials, that bonding agents,
sureties, and their employees may immediately
contact at any time to discuss and resolve any
issue regarding any principal or bond, to be
known as `Points of Contact'.</DELETED>
<DELETED> ``(iv) A bonding agent or surety
shall have full and complete access, free of
charge, to any and all information, electronic
or otherwise, in the care, custody, and control
of the United States Government or any State or
local government or any subsidiary or police
agency thereof regarding the principal that may
be helpful in complying with section 105 of the
REAL ID Act of 2005 that the Secretary of
Homeland Security, by regulations subject to
approval by Congress, determines may be helpful
in locating or surrendering the principal.
Beyond the principal, a bonding agent or surety
shall not be required to disclose any
information, including but not limited to the
arrest warrant and order, received from any
governmental source, any person, firm,
corporation, or other entity.</DELETED>
<DELETED> ``(v) If the principal is later
arrested, detained, or otherwise located
outside the United States and the outlying
possessions of the United States (as defined in
section 101(a) of the Immigration and
Nationality Act), the Secretary of Homeland
Security shall--</DELETED>
<DELETED> ``(I) immediately order
that the surety is completely
exonerated, and the bond canceled;
and</DELETED>
<DELETED> ``(II) if the Secretary of
Homeland Security has issued an order
under clause (i), the surety may
request, by written, properly filed
motion, reinstatement of the bond. This
subclause may not be construed to
prevent the Secretary of Homeland
Security from revoking or resetting a
bond at a higher amount.</DELETED>
<DELETED> ``(vi) The bonding agent or surety
must--</DELETED>
<DELETED> ``(I) during the 15 months
after the date the arrest warrant and
order were mailed pursuant to clause
(i)(III) surrender the principal one
time; or</DELETED>
<DELETED> ``(II)(aa) provide
reasonable evidence that producing the
principal was prevented--</DELETED>
<DELETED> ``(aaa) by the
principal's illness or
death;</DELETED>
<DELETED> ``(bbb) because
the principal is detained in
custody in any city, State,
country, or any political
subdivision thereof;</DELETED>
<DELETED> ``(ccc) because
the principal has left the
United States or its outlying
possessions (as defined in
section 101(a) of the
Immigration and Nationality Act
(8 U.S.C. 1101(a));
or</DELETED>
<DELETED> ``(ddd) because
required notice was not given
to the bonding agent or surety;
and</DELETED>
<DELETED> ``(bb) establish by
affidavit that the inability to produce
the principal was not with the consent
or connivance of the bonding agent or
surety.</DELETED>
<DELETED> ``(vii) If compliance occurs more
than 15 months but no more than 18 months after
the mailing of the arrest warrant and order to
the bonding agent and the surety required under
clause (i)(III), an amount equal to 25 percent
of the face amount of the bond shall be
assessed as a penalty against the
surety.</DELETED>
<DELETED> ``(viii) If compliance occurs more
than 18 months but no more than 21 months after
the mailing of the arrest warrant and order to
the bonding agent and the surety required under
clause (i)(III), an amount equal to 50 percent
of the face amount of the bond shall be
assessed as a penalty against the
surety.</DELETED>
<DELETED> ``(ix) If compliance occurs more
than 21 months but no more than 24 months after
the mailing of the arrest warrant and order to
the bonding agent and the surety required under
clause (i)(III), an amount equal to 75 percent
of the face amount of the bond shall be
assessed as a penalty against the
surety.</DELETED>
<DELETED> ``(x) If compliance occurs 24
months or more after the mailing of the arrest
warrant and order to the bonding agent and the
surety required under clause (i)(III), an
amount equal to 100 percent of the face amount
of the bond shall be assessed as a penalty
against the surety.</DELETED>
<DELETED> ``(xi) If any surety surrenders
any principal to the Secretary of Homeland
Security at any time and place after the period
for compliance has passed, the Secretary of
Homeland Security shall cause to be issued to
that surety an amount equal to 50 percent of
the face amount of the bond: Provided, however,
That if that surety owes any penalties on bonds
to the United States, the amount that surety
would otherwise receive shall be offset by and
applied as a credit against the amount of
penalties on bonds it owes the United States,
and then that surety shall receive the
remainder of the amount to which it is entitled
under this subparagraph, if any.</DELETED>
<DELETED> ``(xii) All penalties assessed
against a surety on a bond, if any, shall be
paid by the surety no more than 27 months after
the mailing of the arrest warrant and order to
the bonding agent and the surety required under
clause (i)(III).</DELETED>
<DELETED> ``(B) The Secretary of Homeland Security
may waive penalties or extend the period for payment or
both, if--</DELETED>
<DELETED> ``(i) a written request is filed
with the Secretary of Homeland Security;
and</DELETED>
<DELETED> ``(ii) the bonding agent or surety
provides an affidavit that diligent efforts
were made to effect compliance of the
principal.</DELETED>
<DELETED> ``(C) Compliance; exoneration; limitation
of liability.--</DELETED>
<DELETED> ``(i) Compliance.--A bonding agent
or surety shall have the absolute right to
locate, apprehend, arrest, detain, and
surrender any principal, wherever he or she may
be found, who violates any of the terms and
conditions of his or her bond.</DELETED>
<DELETED> ``(ii) Exoneration.--Upon
satisfying any of the requirements of the bond,
the surety shall be completely
exonerated.</DELETED>
<DELETED> ``(iii) Limitation of liability.--
Notwithstanding any other provision of law, the
total liability on any surety undertaking shall
not exceed the face amount of the
bond.''.</DELETED>
<DELETED> (c) Effective Date.--The provisions of this section shall
take effect on the date of the enactment of this division and shall
apply to bonds and surety undertakings executed before, on, or after
the date of the enactment of this division.</DELETED>
<DELETED>SEC. 107. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.</DELETED>
<DELETED> (a) In General.--Section 236(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1226(a)(2)) is amended to read as
follows:</DELETED>
<DELETED> ``(2) subject to such reasonable regulations as
the Secretary of Homeland Security may prescribe, shall permit
agents, servants, and employees of corporate sureties to visit
in person with individuals detained by the Secretary of and,
subject to section 241(a)(8), may release the alien on a
delivery bond of at least $10,000, with security approved by
the Secretary, and containing conditions and procedures
prescribed by section 105 of the REAL ID Act of 2005 and by the
Secretary, but the Secretary shall not release the alien on or
to his own recognizance unless an order of an immigration judge
expressly finds and states in a signed order to release the
alien to his own recognizance that the alien is not a flight
risk and is not a threat to the United States''.</DELETED>
<DELETED> (b) Repeal.--Section 286(r) of the Immigration and
Nationality Act (8 U.S.C. 1356(r)) is repealed.</DELETED>
<DELETED> (c) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this
division.</DELETED>
<DELETED>SEC. 108. DETENTION OF ALIENS DELIVERED BY BONDSMEN.</DELETED>
<DELETED> (a) In General.--Section 241(a) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(8) Effect of production of alien by bondsman.--
Notwithstanding any other provision of law, the Secretary of
Homeland Security shall take into custody any alien subject to
a final order of removal, and cancel any bond previously posted
for the alien, if the alien is produced within the prescribed
time limit by the obligor on the bond whether or not the
Department of Homeland Security accepts custody of the alien.
The obligor on the bond shall be deemed to have substantially
performed all conditions imposed by the terms of the bond, and
shall be released from liability on the bond, if the alien is
produced within such time limit.''.</DELETED>
<DELETED> (b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this division and
shall apply to all immigration bonds posted before, on, or after such
date.</DELETED>
<DELETED>TITLE II--IMPROVED SECURITY FOR DRIVERS' LICENSES AND PERSONAL
IDENTIFICATION CARDS</DELETED>
<DELETED>SEC. 201. DEFINITIONS.</DELETED>
<DELETED> In this title, the following definitions apply:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.</DELETED>
<DELETED> (4) 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.</DELETED>
<DELETED>SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS
FOR FEDERAL RECOGNITION.</DELETED>
<DELETED> (a) Minimum Standards for Federal Use.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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 of Transportation. Such certifications shall be made
at such times and in such manner as the Secretary of
Transportation, in consultation with the Secretary of Homeland
Security, may prescribe by regulation.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (1) The person's full legal name.</DELETED>
<DELETED> (2) The person's date of birth.</DELETED>
<DELETED> (3) The person's gender.</DELETED>
<DELETED> (4) The person's driver's license or
identification card number.</DELETED>
<DELETED> (5) A digital photograph of the person.</DELETED>
<DELETED> (6) The person's address of principle
residence.</DELETED>
<DELETED> (7) The person's signature.</DELETED>
<DELETED> (8) Physical security features designed to prevent
tampering, counterfeiting, or duplication of the document for
fraudulent purposes.</DELETED>
<DELETED> (9) A common machine-readable technology, with
defined minimum data elements.</DELETED>
<DELETED> (c) Minimum Issuance Standards.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Documentation showing the person's
date of birth.</DELETED>
<DELETED> (C) Proof of the person's social security
account number or verification that the person is not
eligible for a social security account
number.</DELETED>
<DELETED> (D) Documentation showing the person's
name and address of principal residence.</DELETED>
<DELETED> (2) Special requirements.--</DELETED>
<DELETED> (A) In general.--To meet the requirements
of this section, a State shall comply with the minimum
standards of this paragraph.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) is a citizen of the United
States;</DELETED>
<DELETED> (ii) is an alien lawfully admitted
for permanent or temporary residence in the
United States;</DELETED>
<DELETED> (iii) has conditional permanent
resident status in the United States;</DELETED>
<DELETED> (iv) has an approved application
for asylum in the United States or has entered
into the United States in refugee
status;</DELETED>
<DELETED> (v) has a valid, unexpired
nonimmigrant visa or nonimmigrant visa status
for entry into the United States;</DELETED>
<DELETED> (vi) has a pending application for
asylum in the United States;</DELETED>
<DELETED> (vii) has a pending or approved
application for temporary protected status in
the United States;</DELETED>
<DELETED> (viii) has approved deferred
action status; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) Temporary drivers' licenses and
identification cards.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Verification of documents.--To meet the
requirements of this section, a State shall implement the
following procedures:</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (B) The State shall not accept any foreign
document, other than an official passport, to satisfy a
requirement of paragraph (1) or (2).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Subject each person applying for a driver's
license or identification card to mandatory facial image
capture.</DELETED>
<DELETED> (4) Establish an effective procedure to confirm or
verify a renewing applicant's information.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (8) Subject all persons authorized to manufacture
or produce drivers' licenses and identification cards to
appropriate security clearance requirements.</DELETED>
<DELETED> (9) Establish fraudulent document recognition
training programs for appropriate employees engaged in the
issuance of drivers' licenses and identification
cards.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 203. LINKING OF DATABASES.</DELETED>
<DELETED> (a) In General.--To be eligible to receive any grant or
other type of financial assistance made available under this title, a
State shall participate in the interstate compact regarding sharing of
driver license data, known as the ``Driver License Agreement'', in
order to provide electronic access by a State to information contained
in the motor vehicle databases of all other States.</DELETED>
<DELETED> (b) Requirements for Information.--A State motor vehicle
database shall contain, at a minimum, the following
information:</DELETED>
<DELETED> (1) All data fields printed on drivers' licenses
and identification cards issued by the State.</DELETED>
<DELETED> (2) Motor vehicle drivers' histories, including
motor vehicle violations, suspensions, and points on
licenses.</DELETED>
<DELETED>SEC. 204. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN
FALSE IDENTIFICATION DOCUMENTS.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Use of False Driver's License at Airports.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 205. GRANTS TO STATES.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 206. AUTHORITY.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Compliance With Standards.--All authority to certify
compliance with standards under this title shall be carried out by the
Secretary of Transportation, in consultation with the Secretary of
Homeland Security and the States.</DELETED>
<DELETED> (c) 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.</DELETED>
<DELETED>SEC. 207. REPEAL.</DELETED>
<DELETED> Section 7212 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) is repealed.</DELETED>
<DELETED>SEC. 208. LIMITATION ON STATUTORY CONSTRUCTION.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE III--BORDER INFRASTRUCTURE AND TECHNOLOGY
INTEGRATION</DELETED>
<DELETED>SEC. 301. VULNERABILITY AND THREAT ASSESSMENT.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 302. USE OF GROUND SURVEILLANCE TECHNOLOGIES FOR BORDER
SECURITY.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (1) consider various current and proposed ground
surveillance technologies that could be utilized to enhance the
border security of the United States;</DELETED>
<DELETED> (2) assess the threats to the border security of
the United States that could be addressed by the utilization of
such technologies; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Additional Requirements.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) the cost, utility, and effectiveness
of such technologies for border security; and</DELETED>
<DELETED> (C) liability, safety, and privacy
concerns relating to the utilization of such
technologies for border security.</DELETED>
<DELETED> (2) Technologies.--The ground surveillance
technologies utilized in the pilot program shall include the
following:</DELETED>
<DELETED> (A) Video camera technology.</DELETED>
<DELETED> (B) Sensor technology.</DELETED>
<DELETED> (C) Motion detection technology.</DELETED>
<DELETED> (c) Implementation.--The Under Secretary of Homeland
Security for Border and Transportation Security shall implement the
pilot program developed under this section.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 303. ENHANCEMENT OF COMMUNICATIONS INTEGRATION AND
INFORMATION SHARING ON BORDER SECURITY.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
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--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$13,609,308,000: 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).
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$535,108,000: 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).
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$1,358,053,000: 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).
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,684,943,000: 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, 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'',
$16,767,304,000: 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'',
$3,430,801,000: 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'', $970,464,000: 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'', $5,528,574,000: 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, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $3,308,392,000, 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 $1,370,000,000, 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'', $21,354,000: 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'', $326,879,000: 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: 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: 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:
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'',
$280,250,000, 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'', $2,406,447,000, 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'',
$475,000,000, 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).
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$5,322,905,000, 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'', $133,635,000, 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'',
$2,929,045,000, 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'',
$269,309,000, 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'',
$2,653,760,000, 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'',
$591,327,000, 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'', $179,051,000, 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'', $132,540,000, 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'',
$1,311,300,000: 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).
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$225,550,000 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).
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $227,000,000: Provided, That these funds may be
used only for such activities related to Afghanistan and Pakistan:
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 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).
RELATED AGENCY
Intelligence Community Management Account
For an additional amount for ``Intelligence Community Management
Account'', $89,300,000, of which $20,000,000 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
special transfer authority
(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 Act: 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. 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 in lieu thereof ``$5,685,000,000'':
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. 1103. (a) Authority to Provide Support.--Of the amount
appropriated under the heading, ``Drug Interdiction and Counter-Drug
Activities, Defense'' in this Act, not to exceed $40,000,000 may be
made available for the provision of support for counter-drug activities
of the Governments of Afghanistan and Pakistan: Provided, That such
support shall be provided in addition to support provided for the
counter-drug activities of said Government under any other provision of
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 Governments of Afghanistan and Pakistan, the
Secretary of Defense may also provide individual and crew-
served weapons, and ammunition for counter-drug security
forces.
extraordinary and emergency expenses
Sec. 1104. Under the heading, ``Operation and Maintenance, Defense-
Wide'', in title II of the Department of Defense Appropriations Act,
2005 (Public Law 108-287), strike ``$32,000,000'' and insert
``$43,000,000''.
advance billing
Sec. 1105. Notwithstanding section 2208(l) of title 10, United
States Code, during the current fiscal year working capital funds of
the Department of Defense may utilize advance billing in a total amount
not to exceed $1,500,000,000.
weapons purchase and disposal
Sec. 1106. Notwithstanding any other provision of law, from funds
made available in this Act to the Department of Defense under
``Operation and Maintenance, Defense-Wide'', not to exceed $10,000,000
may be used to purchase and dispose of weapons from any person, foreign
government, international organization or other entity, for the purpose
of protecting U.S. forces overseas: Provided, That the Secretary of
Defense shall provide quarterly reports to the congressional defense
committees regarding the purchase and disposal of weapons under this
section.
commander's emergency response program
Sec. 1107. Section 1201(a) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375), as amended
by section 102, title I, division J, Consolidated Appropriations Act,
2005 (Public Law 108-447), is further amended by striking
``$500,000,000'' and inserting ``$854,000,000''.
classified program
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''.
office of the director of national intelligence
Sec. 1109. 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''.
reserve affiliation bonus
Sec. 1110. 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. 1111. Servicemembers' Group Life Insurance Enhancements. (a)
Increased Maximum Amount Under Servicemembers' 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;
``(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) 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
subclause (I) of subsection (a)(3)(A) 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 be contributed as provided in section 1969(b)(2) of this
title and may not be deducted or withheld from the member's pay.''.
(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 shall 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.''.
(c) Conforming Amendment.--Section 1967(a)(2)(A) of such title is
amended by inserting before the period at the end the following: ``,
except for insurance provided under paragraph (3)(A)(i)(III)''.
(d) 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.''.
(e) 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 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.''.
(f) 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 the
written consent of the spouse.''.
(g) 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.
(h) 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 date before the date of the enactment
of this Act shall be revived.
death gratuity
Sec. 1112. Death Gratuity Enhancements. (a) Deaths From Combat-
Related Causes or Causes Incurred in Designated Operations or Areas.--
(1) Amount.--Section 1478 of title 10, United States Code,
is amended--
(A) in subsection (a), by inserting ``, except as
provided in subsection (c)'' 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 (as adjusted under subsection (d)) 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) Increases consistent with increases in rates of basic
pay.--Subsection (d) of such section, as redesignated by
paragraph (1)(B), is further amended by striking ``amount of
the death gratuity in effect under subsection (a)'' and
inserting ``amounts of the death gratuities in effect under
subsections (a) and (c)''.
(3) 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))''.
(4) Effective date; termination.--
(A) The amendments made by this subsection shall
take effect on the date of the enactment of this Act.
(B) The amendments 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.
(b) Additional Gratuity for Deaths Before Effective Date.--
(1) Requirement to pay additional gratuity.--
(A) In the case of a member of the Armed Forces
described in subparagraph (B), the Secretary of the
military department concerned shall pay a death
gratuity in accordance with this subsection that is in
addition to the death gratuity payable in the case of
such death under sections 1475 through 1477 of title
10, United States Code.
(B) The requirements of this subsection apply in
the case of a member of the Armed Forces who died
before the date of the enactment of this Act as a
direct result of one or more wounds, injuries, or
illnesses that--
(i) were incurred in the theater of
operations of Operation Enduring Freedom or
Operation Iraqi Freedom; or
(ii) were incurred as described in section
1413a(e)(2) of title 10, United States Code, on
or after October 7, 2001.
(2) Amount.--The amount of the additional death gratuity is
$238,000.
(3) Beneficiaries.--The beneficiary or beneficiaries who
are entitled under section 1477 of title 10, United States
Code, to receive payment of the regular military death gratuity
in the case of the death of a member referred to in paragraph
(2) shall be entitled to receive the additional death gratuity
payable in such case. If there are two or more such
beneficiaries, the portion of the total amount of the
additional death gratuity payable to a beneficiary in such case
shall be the amount that bears the same ratio to the total
amount of the additional death gratuity under paragraph (2) as
the amount of the share of the regular military death gratuity
payable to that beneficiary bears to the total amount of the
regular military death gratuity payable to all such
beneficiaries in such case.
(4) Definitions.--In this subsection:
(A) The term ``additional death gratuity'' means
the death gratuity provided under paragraph (1).
(B) The term ``regular military death gratuity'',
means a death gratuity payable under sections 1475
through 1477 of title 10 United States Code.
intelligence activities authorization
Sec. 1113. Funds appropriated in this Act, or made available by the
transfer of funds in or pursuant to this Act, 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. 1114. (a) None of the funds provided in this chapter may be
used to finance programs or activities denied by Congress in fiscal
year 2005 appropriations to the Department of Defense or to initiate a
procurement or research, development, test and evaluation new start
program without prior 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. 1115. (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, that had not been
obligated as of March 15, 2005, 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) The amount of 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, that had not been obligated or expended as of March
15, 2005, is $372,280,000.
(3) Of the funds made available to the Program Manager under
paragraph (1), not less than $100,000,000 shall be obligated by the
Program Manager 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. 1116. 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.''.
continuity of government transportation
Sec. 1117. Notwithstanding any other provision of the law, to
facilitate the continuity of Government, during fiscal year 2005, no
more than 11 officers and employees of the Executive Office of the
President may be transported between their residence and place of
employment on passenger carriers owned or leased by the Federal
Government.
lpd-17 cost adjustment
(transfer of funds)
Sec. 1118. 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. 1119. (a) No funds appropriated or otherwise made available by
this Act, or by any other Act, 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. 1120. 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. 1121. 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.
CHAPTER 2
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$897,191,000, to remain available until September 30, 2007: Provided,
That such funds may be used 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'', $107,380,000, to remain available until September 30,
2007: Provided, That such funds may be used 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, 2007: Provided,
That such funds may be used 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).
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, $150,000,000, 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 STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for ``Diplomatic and Consular Programs'',
$757,700,000, 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 AND CONFERENCES
Contributions for International Peacekeeping Activities
For an additional amount for ``Contributions for International
Peacekeeping Activities'', $680,000,000, 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).
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''
for capital improvements related to broadcasting to the broader Middle
East, $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'', $44,000,000, to remain available until expended, for
emergency expenses related to the humanitarian crisis in the Darfur
region of Sudan: 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).
Transition Initiatives
For an additional amount for ``Transition Initiatives'',
$63,000,000, to remain available until expended, for necessary
international disaster rehabilitation and reconstruction assistance
pursuant to section 491 of the Foreign Assistance Act of 1961, to
support transition to democracy and the long-term development of Sudan:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful resolution of
conflict: Provided further, That of the funds appropriated under this
heading, not less than $2,500,000 shall 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 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'',
$1,631,300,000, 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, not less than $5,000,000 shall be made
available for assistance for displaced persons in Afghanistan: Provided
further, That of the funds appropriated under this heading, not less
than $5,000,000 should be made available to support Afghan women's
organizations that work to defend the legal rights of women and to
increase women's political participation: 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'' for assistance to Ukraine,
$70,000,000, to remain available until September 30, 2006: Provided,
That of the funds appropriated under this heading, $5,000,000 shall be
made available for democracy programs in Belarus, which shall be
administered by the Bureau of Democracy, Human Rights and Labor,
Department of State: Provided further, That of the funds appropriated
under this heading, not less than $5,000,000 shall be made available
through the United States Agency for International Development for
humanitarian, conflict mitigation, and other relief and recovery
assistance for needy families and communities in Chechnya, Ingushetia
and elsewhere in the North Caucasus: 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).
DEPARTMENT OF STATE
International Narcotics Control and Law Enforcement
(including transfer of funds)
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $660,000,000, to remain available until September
30, 2007, of which up to $46,000,000 may be transferred to and merged
with ``Economic Support Fund'' if the Secretary of State, after
consultation with the Committees on Appropriations, determines that
this transfer is the most effective and timely use of resources to
carry out counternarcotics and reconstruction programs: 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'',
$108,400,000, to remain available until September 30, 2006: Provided,
That of the funds appropriated under this heading, not less than
$55,000,000 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'', $32,100,000, to remain available until
September 30, 2006, of which not to exceed $15,000,000, 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).
FUNDS APPROPRIATED TO THE PRESIDENT
OTHER BILATERAL ASSISTANCE
Global War on Terror Partners Fund
(including transfer of funds)
For necessary expenses to carry out the purposes of the Foreign
Assistance Act of 1961 for responding to urgent economic support
requirements in countries supporting the United States in the Global
War on Terror, $40,000,000, to remain available until expended:
Provided, That these funds 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
to furnish economic assistance to partners on such terms and conditions
as he may determine for such purposes, including funds on a grant basis
as a cash transfer: Provided further, That funds made available under
this heading may be transferred by the Secretary of State to other
Federal agencies or accounts to carry out the purposes under this
heading: 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 shall be considered to be economic assistance under the
Foreign Assistance Act of 1961 for purposes of making available the
administrative authorities contained in the Act for the use of economic
assistance: 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).
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'',
$210,000,000, to remain available until September 30, 2006, of which
$200,000,000 is for military and other security assistance to coalition
partners in Iraq and Afghanistan: Provided, 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,''.
reporting requirement
Sec. 2102. 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 ensure 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.
(rescission of funds)
Sec. 2103. The unexpended balance appropriated by Public Law 108-11
under the heading ``Economic Support Fund'' and made available for
Turkey is rescinded.
democracy exception
Sec. 2104. Funds appropriated for fiscal year 2005 under the
heading ``Economic Support Fund'' may be made available for democracy
and rule of law programs and activities, notwithstanding the provisions
of section 574 of division D of Public Law 108-447.
TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON TERROR
CHAPTER 1
DEPARTMENT OF JUSTICE
General Administration
office of inspector general
For an additional amount for ``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).
United States Marshals Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$11,935,000, 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).
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$66,512,000, 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).
In addition, notwithstanding any other provision of law, the
Federal Bureau of Investigation shall have the authority to execute a
lease of up to 160,000 square feet of space for the Terrorist Screening
Center within the Washington, D.C. Metropolitan area.
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'', $5,100,000,
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 2
DEPARTMENT OF ENERGY
National Nuclear Security Adminstration
weapons activities
For an additional amount for ``Weapons Activities'', $26,000,000,
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).
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 3
DEPARTMENT OF HOMELAND SECURITY
IMMIGRATION AND CUSTOMS ENFORCEMENT
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$276,000,000, 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 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).
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).
CHAPTER 4
CAPITOL POLICE
Salaries
For an additional amount for salaries of employees of the Capitol
Police, including overtime, hazardous duty pay differential, and
Government contributions for health, retirement, social security,
professional liability insurance, and other applicable employee
benefits, $10,000,000, 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).
Expenses
For an additional amount for necessary expenses of the Capitol
Police, $13,300,000, 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 Police Buildings and Grounds
For an additional amount for Capitol Police Buildings and Grounds,
$23,000,000, to remain available until September 30, 2010: 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
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, 2007,
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,
2008, 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).
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
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, $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 $20,000,000 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 ``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, not less
than $5,000,000 shall be made available for environmental recovery
activities in Aceh, Indonesia, to be administered by the United States
Fish and Wildlife Service: Provided further, That of the funds
appropriated under this heading, not less than $12,000,000 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 $25,000,000 should be made available for programs to prevent the
spread of the Avian flu: Provided further, That of the funds
appropriated under this heading, $1,500,000 shall be made available for
trafficking in persons monitoring and prevention programs and
activities in tsunami affected countries: 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. 4501. 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.
authorization of funds
Sec. 4502. Funds appropriated by this chapter and chapter 2 of
title II 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)).
TITLE V--OTHER EMERGENCY APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Cooperative State Research, Education, and Extension Service
research and education activities
For an additional amount for ``Research and Education Activities''
to provide a grant to the University of Hawaii to partially offset the
cost of damages to the research and educational resources of the
College of Tropical Agriculture and Human Resources incurred as a
result of the catastrophic flood that occurred on October 30, 2004, as
authorized by law, $3,000,000, 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).
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 the waterways and watersheds
resulting from natural disasters, $103,000,000, to remain available
until expended: Provided, That of the amount provided, no less than
$66,000,000 shall be for eligible work in the State of Utah: 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. The Secretary of Agriculture shall consider the Village
of New Miami (Ohio) to be eligible for loans and grants provided
through the Rural Housing Assistance Grants program.
natural resources conservation service
Sec. 5103. (a) Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide financial and
technical assistance to carry out measures (including research,
engineering operations, methods of cultivation, the growing of
vegetation, rehabilitation of existing works, and changes in the use of
land) to prevent damage to the Manoa watershed in Hawaii.
(b) There is hereby appropriated $15,000,000, to remain available
until expended, to carry out provisions of subsection (a): Provided,
That the amounts provided under this section are designated as an
emergency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
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).
DEPARTMENT OF AGRICULTURE
Forest Service
national forest system
For an additional amount for ``National Forest System'' to pay
necessary expenses of the Forest Service to restore land and facilities
in the State of California damaged by torrential rainfall during fiscal
year 2005, $2,410,000: 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).
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'' to pay necessary expenses of the Forest Service to
construct, repair, decommission, and maintain forest roads and trails
in the Angeles National Forest, Cleveland National Forest, Los Padres
National Forest, and San Bernardino National Forest, $31,980,000:
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 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 infrastructure
grants 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.
RELATED AGENCY
Institute of Museum Library Services
office of museum and library services: grants and administration
For an additional amount for the ``Institute of Museum and Library
Services, Office of Museum and Library Services: Grants and
Administration'', $10,000,000, to be available until expended, for the
Hamilton Library at the University of Hawaii at Manoa, including
replacing the collections at the regional federal depository library:
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).
CHAPTER 4
THE JUDICIARY
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
(including transfer of funds)
For an additional amount for ``Salaries and Expenses, Courts of
Appeals, District Courts and Other Judicial Services'' for unforeseen
costs associated with recent Supreme Court decisions and recently
enacted legislation, $60,000,000, to remain available until September
30, 2006: Provided, That notwithstanding section 302 of division B of
Public Law 108-477, such sums shall be available for transfer to
accounts within the Judiciary subject to section 605 of said 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).
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.
GENERAL PROVISION, THIS CHAPTER
department of housing and urban development
Sec. 5401. (a) Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development shall make a grant to the
University of Hawaii to cover unreimbursed expenses associated with
costs resulting from the catastrophic flood that occurred on October
30, 2004.
(b) There is hereby appropriated $10,000,000, to remain available
until expended, to carry out provisions of subsection (a): Provided,
That the amount provided under this section is designated as an
emergency requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
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.
transfer authority--department of justice
Sec. 6002. Notwithstanding section 106 of title I of division B of
Public Law 108-447, the Department of Justice may transfer funds from
any Department of Justice account, except ``Buildings and Facilities,
Federal Prison System'' and ``Office of Justice Programs'' accounts, to
the ``Detention Trustee'' account: Provided, That the notification
requirement in section 605 of title VI of division B of Public Law 108-
447 shall apply to any such transfers.
space considerations--federal bureau of investigation
Sec. 6003. Notwithstanding any other provision of law, the Special
Technologies and Application Section within the Federal Bureau of
Investigation shall have the authority to use existing resources to
acquire, renovate, and occupy up to 175,000 square feet of additional
facility space within its immediate surrounding area.
technical corrections--national oceanic and atmospheric
administration--fiscal year 2005
Sec. 6004. 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'':
Provided, That these amounts are available for transfer to ``Response
and Restoration Base''.
Sec. 6005. 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. 6006. 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''.
local budget authority for the district of columbia
Sec. 6007. 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'.''.
desoto county, mississippi
Sec. 6008. 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.
Sec. 6009. 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, 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 costs
incurred after May 13, 2002.
fort peck fish hatchery, montana
Sec. 6010. 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''.
ali wai canal, hawaii
Sec. 6011. For an amount from within available funds from ``General
Investigations'' for the expansion of studies necessitated by severe
flooding, up to $1,800,000, to remain available until expended.
intercoastal waterway, delaware river to chesapeake bay, sr-1 bridge,
delaware
Sec. 6012. 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. 6013. 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 benefits of future energy exploration and production
fabrication contracts and transportation cost savings that would result
from larger navigation channels.
mcclellan kerr navigation system advanced operation and maintenance
Sec. 6014. 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''.
silvery minnow off-channel sanctuaries
Sec. 6015. 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. 6016. 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 ``2009''; and
(2) in paragraph (b) by striking ``2004'' and inserting in
lieu thereof ``2009''.
bureau of reclamation, humboldt title transfer
Sec. 6017. Notwithstanding Public Law 108-137, title II, sec.
217(a)(3) the State of Nevada shall be exempt from any payments
associated with the Humboldt Title Transfer as described in Public Law
107-282, title VIII, sec. 804(f): Provided, That transfer costs shall
not exceed $850,000.
office of science
Sec. 6018. 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'' after
``$3,628,902,000''.
weapons activities
(including transfer of funds)
Sec. 6019. In division C, title III of the Consolidated
Appropriations Act, 2005 (Public Law 108-447), the item relating to
``Atomic Energy Defense Activities, National Nuclear Security
Adminstration, Weapons Activities'' is amended by inserting after
``various locations'' the following: ``: Provided further, That
$3,000,000 shall be used to continue funding of project #DE-FC04-
02AL68107, the Technology Ventures Corporation: Provided further, That
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''.
defense site acceleration completion
Sec. 6020. In division C, title III of the Consolidated
Appropriations Act, 2005 (Public Law 108-447), the item relating to
``Atomic Energy Defense Activities, Environmental and Other Defense
Activities, Defense Site Acceleration Completion'' is amended by
inserting before the period the following: ``: Provided, That
$4,000,000 is to be provided from within available funds for the
cleanup of lands transferred from NNSA to Los Alamos County or Los
Alamos School District''.
defense environmental services
Sec. 6021. To the extent activities directed to be funded from
within division C, title III of the Consolidated Appropriations Act,
2005 (Public Law 108-447), in division C, title III of the Consolidated
Appropriations Act, 2005 (Public Law 104-447), the item relating to the
``Atomic Energy Defense Activities, National Nuclear Security
Administration, Environmental and Other Defense Activities, Defense
Environmental Services'' is amended by inserting before the period 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''.
chernobyl research and service project
Sec. 6022. In division C, title III of the Consolidated
Appropriations Act, 2005 (Public Law 104-447), the item relating to the
``Atomic Energy Defense Activities, National Nuclear Security
Administration, Environmental and Other Defense Activities, Other
Defense Activities'' is amended by inserting before the period the
following: ``: Provided, That $5,000,000 is to be provided from within
available funds to initiate the Chernobyl Research and Service Project
to support radiation effects during the Chernobyl Shelter
Implementation Plan within the Office of Environment Safety and
Health''.
department of energy small business contracts
Sec. 6023. Section 15(g) of the Small Business Act (15 U.S.C.
Sec. 644), is amended by adding the following new paragraph:
``(3) For purposes of this section, the term `prime contract'
shall, with respect to the Department of Energy, mean prime contracts
awarded by the Department of Energy, and subcontracts awarded by
Department of Energy management and operating contractors, management
and integration contractors, major facilities management contractors,
and contractors that have entered into similar contracts for management
of a departmental facility. Contracting goals established for the
Department of Energy under this section shall be set at a level not
greater than the applicable Government-wide goal.''.
yucca mountain
Sec. 6024. 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''.
power marketing administration
Sec. 6025. In division C, title III of the Consolidated
Appropriations Act, 2005 (Public Law 108-447), the item relating to
``Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration'' is amended by inserting before the period at the
end the following: ``: Provided further, That of the amount herein
appropriated, $500,000 is provided on a non-reimbursable basis from
within available funds for a transmission study on the placement of 500
megawatts of wind energy in North Dakota and South Dakota''.
department of homeland security
revolving funds
Sec. 6026. (a) The Department of Homeland Security ``Working
Capital Fund'' is abolished and any remaining unobligated or unexpended
fund balances shall be immediately transferred to the ``Office of the
Chief Financial Officer'' and shall be subject to section 503 of Public
Law 108-334.
(b) The Department of Homeland Security may not use any funds made
available under section 403 of the Government Management Reform Act of
1994 (Public Law 103-356).
(c)(1) There is established the ``Continuity of Government
Operations and Emergency Management Revolving Fund'' (in this
subsection referred to as the ``Revolving Fund'') which shall be
administered by a board of directors designated by the Under Secretary
for Emergency Preparedness and Response.
(2) There shall be deposited into the Revolving Fund such amounts--
(A) that would have been deposited into the ``Working
Capital Fund'' abolished under subsection (a) in accordance
with any memorandum of understanding between the Federal
Emergency Management Agency and any agency or other entity
providing for the funding of the ``Working Capital Fund''
before the date of enactment of Public Law 107-296;
(B) provided for in any other memorandum of understanding
approved by the board of directors after the date of enactment
of this Act; and
(C) derived from agreements defined in (c)(2)(A) that were
transferred to the ``Office of the Chief Financial Officer''
pursuant to subsection (a).
(3) Funds in the Revolving Fund may be used only for activities and
services relating to continuity of Government and emergency management
carried out by the Federal Emergency Management Agency before March 1,
2003, or approved by the Committees on Appropriations of the Senate and
the House of Representatives.
reprogramming provisions
Sec. 6027. Section 503 of the Department of Homeland Security
Appropriations Act, 2005 (118 Stat. 1315) is amended by striking
subsection (d) and inserting the following:
``(d) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department
of Homeland Security that remain available for obligation or
expenditure in fiscal year 2005, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure for any information technology project that:
(1) is funded by the `Office of the Chief Information Officer'; or (2)
is funded by multiple components through the use of reimbursable
agreements; unless the Committees on Appropriations of the Senate and
the House of Representatives are notified 15 days in advance of such
obligation of funds.
``(e) Notifications of reprogrammings, transfers, and obligations
pursuant to subsections (a), (b), (c) and (d) shall not be made later
than June 30, 2005, except in extraordinary circumstances which
imminently threaten the safety of human life or the protection of
property.''.
Sec. 6028. 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. 6029. Section 144 of division E of Public Law 108-447 is
amended in paragraph (b)(2) by deleting ``September 24, 2004'' and
inserting ``November 12, 2004''.
forest service transfer
Sec. 6030. 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. 6031. 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. 6032. 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. 6033. (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 timely and generally
full extraction of the oil and gas minerals:
(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; or
(2) seismic and exploration activities inside the
boundaries of Gulf Islands National Seashore related to
extraction of the oil and gas located within the boundaries of
the Gulf Islands National Seashore, all of which oil and gas is
owned by the State of Mississippi.
(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 this 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. 6034. 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,''.
repeal of transfer authority
Sec. 6035. Section 101 and section 208 of Division F of Public Law
108-447 are hereby repealed.
technical corrections--fund for the improvement of education--fiscal
year 2005
Sec. 6036. 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''.
technical corrections--fund for the improvement of postsecondary
education--fiscal year 2005
Sec. 6037. 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''.
technical corrections--fund for the improvement of education--fiscal
year 2004
Sec. 6038. 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. 6039. 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''.
copyright royalty judges
Sec. 6040. (a) During fiscal year 2005, the Librarian of Congress
shall transfer from funds under the subheading ``salaries and
expenses'' under the heading ``LIBRARY OF CONGRESS'' under title I of
the Legislative Appropriations Act, 2005 to the account under the
subheading ``salaries and expenses'' under the heading ``Copyright
Office'' under the heading ``LIBRARY OF CONGRESS'' under title I of
that Act such funds as necessary to carry out the Copyright Royalty
Judges program under chapter 8 of title 17, United States Code, as
amended by the Copyright Royalty and Distribution Reform Act of 2004
(Public Law 108-419), subject to subsection (b).
(b) No more than $485,000 may be transferred under this section.
technical correction--department of transportation
Sec. 6041. 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.
the judiciary
Sec. 6042. Section 308 of division B of Public Law 108-447 is
amended by striking ``shall be deposited'' and all that follows through
``expenses'' and inserting in lieu thereof ``shall be deposited as
offsetting receipts to the fund established under 28 U.S.C. section
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 Office of the United
States Courts''.
Sec. 6043. Section 325 of S. 256, the Bankruptcy Abuse Prevention
and Consumer Protection Act of 2005, as passed by the Senate on March
10, 2005, is amended--
(1) by striking subsection (b) and inserting the following:
``(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) 29.75 percent of the fees collected under section
1930(a)(1)(A) of this title; and
```(B) 39.67 percent of the fees collected under section
1930(a)(1)(B);';
``(2) in paragraph (2), by striking `one-half' and
inserting `75 percent'; and
``(3) in paragraph (4), by striking `one-half' and
inserting `100 percent'.'';
(2) by striking subsection (c) and inserting the following:
``(c) Collection and Deposit 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, 29.75
percent of the fees collected under section 1930(a)(1)(A) of that
title, 39.67 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'.''; and
(3) by striking subsections (d) and (e) in their entirety.
technical corrections--general services administration
Sec. 6044. 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. 6045. Section 408 in title IV of division H of Public Law 108-
477 is amended by striking ``Section 572(a)(2)(ii)'' and inserting in
lieu thereof ``Section 572(a)(2)(A)(ii)''.
technical correction--department of housing and urban development
Sec. 6046. (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 with respect to item 230 by
striking ``City'' and inserting ``Port''.
(b) 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 with respect to item 233 by inserting
``Port of'' before the words ``Brookings Harbor''.
(c) 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 with respect to item number 30 by
inserting ``to be used for planning, design, and construction'' after
``California,''.
(d) The referenced statement of managers under the heading
``Community Development Fund'' in title II of division G of Public Law
108-199 is deemed to be amended with respect to item number 122 by
inserting ``to be used for planning, design, and construction'' after
``California,''.
This Act may be cited as the ``Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Tsunami
Relief, 2005''.
Amend the title so as to read: ``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.''.
Calendar No. 67
109th CONGRESS
1st Session
H. R. 1268
[Report No. 109-52]
_______________________________________________________________________
AN ACT
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2005, to establish and rapidly implement regulations for
State driver's license and identification document security standards,
to prevent terrorists from abusing the asylum laws of the United
States, to unify terrorism-related grounds for inadmissibility and
removal, to ensure expeditious construction of the San Diego border
fence, and for other purposes.
_______________________________________________________________________
March 16, 2005
Received; read twice and referred to the Committee on Appropriations
April 6, 2005
Reported with an amendment, and an amendment to the title