[Congressional Record Volume 151, Number 41 (Monday, April 11, 2005)]
[Senate]
[Pages S3368-S3398]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT, 2005
The ACTING PRESIDENT pro tempore. Under the previous order, the hour
of 3 p.m. having arrived, the Senate will proceed to the consideration
of H.R. 1268, which the clerk will report.
The legislative clerk read as follows:
H.R. 1268, an act making emergency supplemental
appropriations for the fiscal year ending September 30, 2005,
to establish and rapidly implement regulations for States
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.
There being no objection, the Senate proceeded to consider the bill
which had been reported from the Committee on Appropriations, with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:
[Strike the part shown in black brackets and insert the part shown in
italic.]
H.R. 1268
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2005, and for other purposes,
namely:
[DIVISION A--EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE
GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF, 2005
[TITLE I--DEFENSE-RELATED APPROPRIATIONS
[CHAPTER 1
[DEPARTMENT OF DEFENSE
[DEPARTMENT OF DEFENSE--MILITARY
[MILITARY PERSONNEL
[Military Personnel, Army
[For an additional amount for ``Military Personnel, Army'',
$11,779,642,000: Provided, That the amounts provided under
this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[Military Personnel, Navy
[For an additional amount for ``Military Personnel, Navy'',
$534,080,000: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[Military Personnel, Marine Corps
[For an additional amount for ``Military Personnel, Marine
Corps'', $1,251,726,000: Provided, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[Military Personnel, Air Force
[For an additional amount for ``Military Personnel, Air
Force'', $1,473,472,000: Provided, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[Reserve Personnel, Army
[For an additional amount for ``Reserve Personnel, Army'',
$40,327,000: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[Reserve Personnel, Navy
[For an additional amount for ``Reserve Personnel, Navy'',
$11,111,000: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[Reserve Personnel, Marine Corps
[For an additional amount for ``Reserve Personnel, Marine
Corps'', $4,115,000: Provided, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[Reserve Personnel, Air Force
[For an additional amount for ``Reserve Personnel, Air
Force'', $130,000: Provided, That the amounts provided under
this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[National Guard Personnel, Army
[For an additional amount for ``National Guard Personnel,
Army'', $430,300,000: Provided, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[National Guard Personnel, Air Force
[For an additional amount for ``National Guard Personnel,
Air Force'', $91,000: Provided, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[OPERATION AND MAINTENANCE
[Operation and Maintenance, Army
[For an additional amount for ``Operation and Maintenance,
Army'', $17,366,004,000: Provided, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[Operation and Maintenance, Navy
[For an additional amount for ``Operation and Maintenance,
Navy'', $3,030,801,000: Provided, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[Operation and Maintenance, Marine Corps
[For an additional amount for ``Operation and Maintenance,
Marine Corps'', $982,464,000: Provided, That the amounts
provided under this heading are designated as an emergency
requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
[Operation and Maintenance, Air Force
[For an additional amount for ``Operation and Maintenance,
Air Force'', $5,769,450,000: Provided, That the amounts
provided under this heading are designated as an emergency
requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
[Operation and Maintenance, Defense-Wide
[For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $3,061,300,000 (reduced by $1,000,000)
(increased by $1,000,000), of which--
[(1) not to exceed $25,000,000 may be used for the
Combatant Commander Initiative Fund, to be used in support of
Operation Iraqi Freedom and Operation Enduring Freedom; and
[(2) up to $1,220,000,000, to remain available until
expended, may be used for payments to reimburse Pakistan,
Jordan, and other key cooperating nations, for logistical,
military, and other support provided, or to be provided, to
United States military operations, notwithstanding any other
provision of law: Provided, That such payments may be made in
such amounts as the Secretary of Defense, with the
concurrence of the Secretary of State, and in consultation
with the Director of the Office of Management and Budget, may
determine, in his discretion, based on documentation
determined by the Secretary of Defense to adequately account
for the support provided, and such determination is final and
conclusive upon the accounting officers of the United States,
and 15 days following notification to the appropriate
congressional committees: Provided further, That the
Secretary of Defense shall provide quarterly reports to the
Committees on Appropriations on the use of funds provided in
this paragraph: Provided further, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[Operation and Maintenance, Army Reserve
[For an additional amount for ``Operation and Maintenance,
Army Reserve'', $8,154,000: Provided, That the amounts
provided under this heading are designated as an emergency
requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
[Operation and Maintenance, Navy Reserve
[For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $75,164,000: Provided, That the amounts
provided under this heading are designated as an emergency
requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
[Operation and Maintenance, Marine Corps Reserve
[For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $24,920,000: Provided, That the
amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
[Operation and Maintenance, Army National Guard
[For an additional amount for ``Operation and Maintenance,
Army National Guard'', $188,779,000: Provided, That the
amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
[Overseas Humanitarian, Disaster, and Civic Aid
[For an additional amount for ``Overseas Humanitarian,
Disaster, and Civic Aid'',
[[Page S3369]]
$10,000,000, to remain available until September 30, 2006:
Provided, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
[Afghanistan Security Forces Fund
[(including transfer of funds)
[For the ``Afghanistan Security Forces Fund'',
$1,285,000,000, to remain available until September 30, 2006:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for
the purpose of allowing the Commander, Combined Forces
Command-Afghanistan, or the Secretary's designee to provide
assistance, with the concurrence of the Secretary of State,
to the security forces of Afghanistan including the provision
of equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and
funding: Provided further, That the authority to provide
assistance under this section is in addition to any other
authority to provide assistance to foreign nations: Provided
further, That the Secretary of Defense may transfer the funds
provided herein to appropriations for military personnel;
operation and maintenance; Overseas Humanitarian, Disaster,
and Civic Aid; procurement; research, development, test and
evaluation; and defense working capital funds to accomplish
the purposes provided herein: Provided further, That this
transfer authority is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That upon a determination that all or part of the
funds so transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may
be transferred back to this appropriation: Provided further,
That contributions of funds for the purposes provided herein
from any person, foreign government, or international
organization may be credited to this Fund, and used for such
purposes: Provided further, That the Secretary of Defense
shall, not fewer than 5 days prior to making transfers from
this appropriation, notify the congressional defense
committees in writing of the details of any such transfer:
Provided further, That the Secretary shall submit a report no
later than 30 days after the end of each fiscal quarter to
the congressional defense committees summarizing the details
of the transfer of funds from this appropriation: Provided
further, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
[Iraq Security Forces Fund
[(including transfer of funds)
[For the ``Iraq Security Forces Fund'', $5,700,000,000, to
remain available until September 30, 2006: Provided, That
such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose
of allowing the Commander, Multi-National Security Transition
Command--Iraq, or the Secretary's designee to provide
assistance, with the concurrence of the Secretary of State,
to the security forces of Iraq including the provision of
equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and
funding: Provided further, That the authority to provide
assistance under this section is in addition to any other
authority to provide assistance to foreign nations: Provided
further, That the Secretary of Defense may transfer the funds
provided herein to appropriations for military personnel;
operation and maintenance; Overseas Humanitarian, Disaster,
and Civic Aid; procurement; research, development, test and
evaluation; and defense working capital funds to accomplish
the purposes provided herein: Provided further, That this
transfer authority is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That upon a determination that all or part of the
funds so transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may
be transferred back to this appropriation: Provided further,
That contributions of funds for the purposes provided herein
from any person, foreign government, or international
organization may be credited to this Fund, and used for such
purposes: Provided further, That, notwithstanding any other
provision of law, from funds made available under this
heading, up to $99,000,000 may be used to provide assistance
to the Government of Jordan to establish a regional training
center designed to provide comprehensive training programs
for regional military and security forces and military and
civilian officials, to enhance the capability of such forces
and officials to respond to existing and emerging security
threats in the region: Provided further, That assistance
authorized by the preceding proviso may include the provision
of facilities, equipment, supplies, services, training and
funding, and the Secretary of Defense may transfer funds to
any Federal agency for the purpose of providing such
assistance: Provided further, That the Secretary of Defense
shall, not fewer than 5 days prior to making transfers from
this appropriation, notify the congressional defense
committees in writing of the details of any such transfer:
Provided further, That the Secretary shall submit a report no
later than 30 days after the end of each fiscal quarter to
the congressional defense committees summarizing the details
of the transfer of funds from this appropriation: Provided
further, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
[PROCUREMENT
[Aircraft Procurement, Army
[For an additional amount for ``Aircraft Procurement,
Army'', $458,677,000, to remain available until September 30,
2007: Provided, That the amounts provided under this heading
are designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[Missile Procurement, Army
[For an additional amount for ``Missile Procurement,
Army'', $340,536,000, to remain available until September 30,
2007: Provided, That the amounts provided under this heading
are designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[Procurement of Weapons and Tracked Combat Vehicles, Army
[For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $2,678,747,000, to remain
available until September 30, 2007: Provided, That the
amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
[Procurement of Ammunition, Army
[For an additional amount for ``Procurement of Ammunition,
Army'', $532,800,000, to remain available until September 30,
2007: Provided, That the amounts provided under this heading
are designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[Other Procurement, Army
[(including transfer of funds)
[For an additional amount for ``Other Procurement, Army'',
$6,634,905,000, to remain available until September 30, 2007,
of which $85,000,000 shall be derived by transfer from ``Iraq
Freedom Fund'': Provided, That the amounts provided under
this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[Aircraft Procurement, Navy
[For an additional amount for ``Aircraft Procurement,
Navy'', $200,295,000, to remain available until September 30,
2007: Provided, That the amounts provided under this heading
are designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[Weapons Procurement, Navy
[For an additional amount for ``Weapons Procurement,
Navy'', $71,600,000, to remain available until September 30,
2007: Provided, That the amounts provided under this heading
are designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[Procurement of Ammunition, Navy and Marine Corps
[For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $141,735,000, to remain available
until September 30, 2007: Provided, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[Other Procurement, Navy
[For an additional amount for ``Other Procurement, Navy'',
$78,372,000, to remain available until September 30, 2007:
Provided, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
[Procurement, Marine Corps
[For an additional amount for ``Procurement, Marine
Corps'', $3,588,495,000, to remain available until September
30, 2007: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[Aircraft Procurement, Air Force
[For an additional amount for ``Aircraft Procurement, Air
Force'', $279,241,000, to remain available until September
30, 2007: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[Procurement of Ammunition, Air Force
[For an additional amount for ``Procurement of Ammunition,
Air Force'', $6,998,000, to remain available until September
30, 2007: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[Other Procurement, Air Force
[For an additional amount for ``Other Procurement, Air
Force'', $2,658,527,000, to remain available until September
30, 2007: Provided, That the amounts provided under this
[[Page S3370]]
heading are designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[Procurement, Defense-Wide
[For an additional amount for ``Procurement, Defense-
Wide'', $646,327,000, to remain available until September 30,
2007: Provided, That the amounts provided under this heading
are designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[RESEARCH, DEVELOPMENT, TEST AND EVALUATION
[Research, Development, Test and Evaluation, Army
[For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $25,170,000, to remain available
until September 30, 2006: Provided, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[Research, Development, Test, and Evaluation, Navy
[For an additional amount for ``Research, Development,
Test, and Evaluation, Navy'', $202,051,000, to remain
available until September 30, 2006: Provided, That the
amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
[Research, Development, Test and Evaluation, Air Force
[For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $121,500,000, to remain
available until September 30, 2006: Provided, That the
amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
[Research, Development, Test and Evaluation, Defense-Wide
[For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $159,600,000, to remain
available until September 30, 2006: Provided, That the
amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
[REVOLVING AND MANAGEMENT FUNDS
[Defense Working Capital Funds
[For an additional amount for ``Defense Working Capital
Funds'', $1,411,300,000: Provided, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[National Defense Sealift Fund
[For an additional amount for ``National Defense Sealift
Fund'', $32,400,000, to remain available until expended:
Provided, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
[OTHER DEPARTMENT OF DEFENSE PROGRAMS
[Drug Interdiction and Counter-Drug Activities, Defense
[(including transfer of funds)
[For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $257,000,000, to remain
available until December 31, 2005: Provided, That these funds
may be used for such activities related to Afghanistan and
the Central Asia area: Provided further, That the Secretary
of Defense may transfer the funds provided herein only to
appropriations for military personnel; operation and
maintenance; procurement; and research, development, test and
evaluation: Provided further, That the funds transferred
shall be merged with and be available for the same purposes
and for the same time period as the appropriation to which
transferred: Provided further, That the transfer authority
provided in this paragraph is in addition to any other
transfer authority available to the Department of Defense:
Provided further, That upon a determination that all or part
of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may
be transferred back to this appropriation: Provided further,
That not to exceed $70,000,000 of the funds provided herein
may be used to reimburse fully this account for obligations
incurred for the purposes provided under this heading prior
to enactment of this Act: Provided further, That the amounts
provided under this heading are designated as an emergency
requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
[Office of the Inspector General
[For an additional amount for ``Office of the Inspector
General'', $148,000: Provided, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[RELATED AGENCIES
[Intelligence Community Management Account
[For an additional amount for ``Intelligence Community
Management Account'', $250,300,000, of which $181,000,000 is
to remain available until September 30, 2006: Provided, That
the amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
[GENERAL PROVISIONS--THIS CHAPTER
[(Transfer of Funds)
[Sec. 1101. Upon his determination that such action is
necessary in the national interest, the Secretary of Defense
may transfer between appropriations up to $2,000,000,000 of
the funds made available to the Department of Defense in this
chapter: Provided, That the Secretary shall notify the
Congress promptly of each transfer made pursuant to this
authority: Provided further, That the transfer authority
provided in this section is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That the authority in this section is subject to the
same terms and conditions as the authority provided in
section 8005 of the Department of Defense Appropriations Act,
2005, except for the fourth proviso: Provided further, That
the amounts made available by the transfer of funds in or
pursuant to this section are designated as an emergency
requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
[Sec. 1102. Section 8005 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 969),
is amended by striking ``$3,500,000,000'' and inserting
``$5,500,000,000'': Provided, That the amounts made available
by the transfer of funds in or pursuant to this section are
designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
[(Transfer of Funds)
[Sec. 1103. During fiscal year 2005, the Secretary of
Defense may transfer amounts in or credited to the Defense
Cooperation Account, pursuant to section 2608 of title 10,
United States Code, to such appropriations or funds of the
Department of Defense as he shall determine for use
consistent with the purposes for which such funds were
contributed and accepted: Provided, That such amounts shall
be available for the same time period as the appropriation to
which transferred: Provided further, That the Secretary shall
report to the Congress all transfers made pursuant to this
authority: Provided further, That the amounts provided under
this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[Sec. 1104. (a) Authority To Provide Support.--Of the
amount appropriated by this Act under the heading, ``Drug
Interdiction and Counter-Drug Activities, Defense'', not to
exceed $34,000,000 may be made available for support for
counter-drug activities of the Government of Afghanistan, and
not to exceed $4,000,000 may be made available for support
for counter-drug activities of the Government of Pakistan:
Provided, That such support shall be in addition to support
provided for the counter-drug activities of said Governments
under any other provision of the law.
[(b) Types of Support.--(1) Except as specified in
subsections (b)(2) and (b)(3) of this section, the support
that may be provided under the authority in this section
shall be limited to the types of support specified in section
1033(c)(1) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85, as amended by Public Law
106-398 and Public Law 108-136) and conditions on the
provision of support as contained in section 1033 shall apply
for fiscal year 2005.
[(2) The Secretary of Defense may transfer vehicles,
aircraft, and detection, interception, monitoring and testing
equipment to said Governments for counter-drug activities.
[(3) For the Government of Afghanistan, the Secretary of
Defense may also provide individual and crew-served weapons,
and ammunition for counter-drug security forces.
[Sec. 1105. The paragraph under the heading ``Operation and
Maintenance, Defense-Wide'' in title II of the Department of
Defense Appropriations Act, 2005 (Public Law 108-287; 118
Stat. 954), is amended in the first proviso by striking
``$32,000,000'' and inserting ``$40,000,000''.
[Sec. 1106. For fiscal year 2005, the limitation under
paragraph (3) of section 2208(l) of title 10, United States
Code, on the total amount of advance billings rendered or
imposed for all working capital funds of the Department of
Defense in a fiscal year shall be applied by substituting
``$1,500,000,000'' for ``$1,000,000,000''.
[Sec. 1107. Section 1201(a) of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 118 Stat. 2077), as amended by section
102 of title I of division J of the Consolidated
Appropriations Act, 2005 (Public Law 108-447), is further
amended by striking ``$500,000,000'' in the matter preceding
paragraph (1) and inserting ``$854,000,000''.
[Sec. 1108. Section 8090(b) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287), is amended by
striking ``$185,000,000'' and inserting ``$210,000,000''.
[Sec. 1109. (a) During calendar year 2005 and
notwithstanding section 5547 of title 5, United States Code,
the head of an Executive agency may waive the limitation, up
to
[[Page S3371]]
$200,000, established in that section for total compensation,
including limitations on the aggregate of basic pay and
premium pay payable in a calendar year, to an employee who
performs work while in an overseas location that is in the
area of responsibility of the Commander of the U.S. Central
Command, in support of, or related to--
[(1) a military operation, including a contingency
operation; or
[(2) an operation in response to a declared emergency.
[(b) To the extent that a waiver under subsection (a)
results in payment of additional premium pay of a type that
is normally creditable as basic pay for retirement or any
other purpose, such additional pay shall not be considered to
be basic pay for any purpose, nor shall it be used in
computing a lump-sum payment for accumulated and accrued
annual leave under section 5551 of title 5, United States
Code.
[(c) The Director of the Office of Personnel Management may
issue regulations to ensure appropriate consistency among
heads of executive agencies in the exercise of authority
granted by this section.
[Sec. 1110. Section 1096(b) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) is
amended--
[(1) in the matter preceding paragraph (1), by striking
``in the fiscal year after the effective date of this Act''
and inserting ``during fiscal years 2005 and 2006''; and
[(2) in paragraph (1), by striking ``500 new personnel
billets'' and inserting ``a total of 500 new personnel
positions''.
[Sec. 1111. Section 1051a(e) of title 10, United States
Code, is amended by striking ``September 30, 2005'' and
inserting ``December 31, 2005''.
[Sec. 1112. Notwithstanding subsection (c) of section 308e
of title 37, United States Code, the maximum amount of the
bonus paid to a member of the Armed Forces pursuant to a
reserve affiliation agreement entered into under such section
during fiscal year 2005 shall not exceed $10,000, and the
Secretary of Defense, and the Secretary of Homeland Security
with respect to the Coast Guard, may prescribe regulations
under subsection (f) of such section to modify the method by
which bonus payments are made under reserve affiliation
agreements entered into during such fiscal year.
[Sec. 1113. (a) Increase in SGLI Maximum.--Section 1967 of
title 38, United States Code, is amended--
[(1) in subsection (a)(3)(A)(i), by striking ``$250,000''
and inserting ``$400,000 or such lesser amount as the member
may elect in increments of $50,000'';
[(2) in subsection (a)(3)(B), by striking ``member or
spouse'' in the last sentence and inserting ``member, be
evenly divisible by $50,000 and, in the case of a member's
spouse''; and
[(3) in subsection (d), by striking ``of $250,000'' and
inserting ``in effect under subsection (a)(3)(A)(i)''.
[(b) Spouse Consent and Beneficiary Notification.--Section
1967(a)(3)(B) of such title is amended--
[(1) by inserting ``(i)'' after ``(B)''; and
[(2) by adding at the end the following new clauses:
[``(ii) A member who is married may not, without the
written concurrence of the member's spouse--
[``(I) elect not to be insured under this subchapter or to
be insured under this subchapter in an amount less than the
maximum amount provided for under subparagraph (A)(i); or
[``(II) designate any other person as a beneficiary under
this program.
[``(iii) Whenever a member who is not married elects not to
be insured under this subchapter or to be insured under this
subchapter in an amount less than the maximum amount provided
for under subparagraph (A)(i), the Secretary concerned shall
provide a notice of such election to any person designated by
the member as a beneficiary or designated as the member's
next-of-kin for the purpose of emergency notification, as
determined under regulations prescribed by the Secretary of
Defense.''.
[(c) Limitation on Spouse Coverage to Amount of Member
Coverage.--Section 1967(a)(3)(C) of such title is amended by
inserting before the period at the end the following: ``as
applicable to such member under subparagraph (A)(i)''.
[(d) Conforming Amendments to VGLI Provisions.--Section
1977 of such title is amended by striking ``$250,000'' each
place it appears and inserting ``$400,000''.
[(e) Military Death Gratuity.--Section 1478 of title 10,
United States Code, is amended--
[(1) in subsection (a), by striking ``$12,000 (as adjusted
under subsection (c))'' and inserting ``$100,000''; and
[(2) by striking subsection (c).
[(f) Effective Date.--The amendments made by this section
shall apply with respect to deaths occurring on or after the
date of the enactment of this Act.
[Sec. 1114. (a) Special Death Gratuity for Certain Prior
Deaths in Service.--In the case of the death of a member of
the uniformed services that is a qualifying death (as
specified in subsection (b)), the Secretary concerned shall
pay a death gratuity of not more than $238,000. Of that
amount--
[(1) $150,000 shall be paid in the manner specified in
subsection (c); and
[(2) $88,000 shall be paid in the manner specified in
subsection (d).
[(b) Qualifying Deaths.--The death of a member of the
uniformed services is a qualifying death for purpose of this
section if--
[(1) the member died during the period beginning on October
7, 2001, and ending on the day before the date of the
enactment of this Act;
[(2) for the purpose of section 1114(a)(2), the death was a
direct result of an injury or illness (or combination of one
or more injuries or illness) incurred in Operation Enduring
Freedom or Operation Iraqi Freedom, as determined under
regulations prescribed by the Secretary of Defense; and
[(3) for the purpose of section 1114(a)(1), the death was a
direct result of an injury or illness (or combination of one
or more injuries or illness) incurred by any active duty
military member in the performance of duty.
[(c) SGLI Beneficiaries.--A payment pursuant to subsection
(a)(1) by reason of a covered death shall be paid--
[(1) to a beneficiary in proportion to the share of
benefits applicable to such beneficiary in the payment of
life insurance proceeds paid on the basis of that death under
the Servicemembers Group Life Insurance program under
subchapter III of chapter 19 of title 38, United States Code;
or
[(2) in the case of a member who elected not to be insured
under the provisions of that subchapter, in equal shares to
the person or persons who would have received proceeds under
those provisions of law for a member who is insured under
that subchapter but does not designate named beneficiaries.
[(d) Military Death Gratuity Beneficiaries.--A payment
pursuant to subsection (a)(2) by reason of a covered death
shall be paid equal shares to the beneficiaries who were paid
the death gratuity that was paid with respect to that death
under subchapter II of chapter 75 of title 10, United States
Code.
[(e) Status of Payments.--A death gratuity payable under
this section by reason of a qualifying death is in addition
to any other death gratuity or other benefit payable by the
United States by reason of that death.
[(f) Definition.--For the purposes of this section, the
term ``Secretary concerned'' has the meaning given that term
in section 101 of title 37, United States Code.''.
[Sec. 1115. Funds appropriated in this chapter, or made
available by transfer of funds in or pursuant to this
chapter, for intelligence activities are deemed to be
specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C.
414).
[Sec. 1116. None of the funds provided in this chapter may
be used to finance programs or activities denied by Congress
in fiscal year 2004 and 2005 appropriations to the Department
of Defense or to initiate a procurement or research,
development, test and evaluation new start program without
prior written notification to the congressional defense
committees.
[CHAPTER 2
[DEPARTMENT OF DEFENSE
[Military Construction, Army
[For an additional amount for ``Military Construction,
Army'', $930,100,000, to remain available until September 30,
2006: Provided, That $669,100,000 of such additional amount
may not be obligated until after that date on which the
Secretary of Defense submits to the Committees on
Appropriations of the House of Representatives and Senate the
comprehensive master plans for overseas military
infrastructure required by House Report 108-342: Provided
further, That notwithstanding any other provision of law,
such funds may be obligated or expended to carry out planning
and design and military construction projects not otherwise
authorized by law: Provided further, That the amounts
provided under this heading are designated as an emergency
requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
[Military Construction, Navy and Marine Corps
[For an additional amount for ``Military Construction, Navy
and Marine Corps'', $92,720,000, to remain available until
September 30, 2006: Provided, That $32,380,000 of such
additional amount may not be obligated until after that date
on which the Secretary of Defense submits to the Committees
on Appropriations of the House of Representatives and Senate
the comprehensive master plans for overseas military
infrastructure required by House Report 108-342: Provided
further, That notwithstanding any other provision of law,
such funds may be obligated or expended to carry out planning
and design and military construction projects not otherwise
authorized by law: Provided further, That the amounts
provided under this heading are designated as an emergency
requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
[Military Construction, Air Force
[For an additional amount for ``Military Construction, Air
Force'', $301,386,000, to remain available until September
30, 2006: Provided, That $301,386,000 of such additional
amount may not be obligated until after that date on which
the Secretary of Defense submits to the Committees on
Appropriations of the House of Representatives and Senate the
comprehensive master plans for overseas military
infrastructure required by House Report 108-342: Provided
further, That notwithstanding any other provision of law,
such funds may be obligated or expended to carry out planning
and design and military construction projects not otherwise
authorized by law: Provided further, That the
[[Page S3372]]
amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
[Military Personnel, Army
[For an additional amount for ``Military Personnel, Army'',
$1,542,100,000: Provided, That the amounts provided under
this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[Operation and Maintenance, Army
[For an additional amount for ``Operation and Maintenance,
Army'', $66,300,000: Provided, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[Defense Health Program
[For an additional amount for ``Defense Health Program'',
$175,550,000 for operation and maintenance: Provided, That
the amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
[TITLE II--INTERNATIONAL PROGRAMS AND ASSISTANCE FOR RECONSTRUCTION AND
THE WAR ON TERROR
[CHAPTER 1
[BILATERAL ECONOMIC ASSISTANCE
[FUNDS APPROPRIATED TO THE PRESIDENT
[UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
[International Disaster and Famine Assistance
[For an additional amount for ``International Disaster and
Famine Assistance'', $44,000,000 (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).
[Operating Expenses of the United States Agency for International
Development
[For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$24,400,000, to remain available until September 30, 2006.
[Operating Expenses of the United States Agency for International
Development
[Office of Inspector General
[For an additional amount for ``Operating Expenses of the
United States Agency for International Development Office of
Inspector General'', $2,500,000, to remain available until
September 30, 2006.
[OTHER BILATERAL ECONOMIC ASSISTANCE
[Economic Support Fund
[For an additional amount for ``Economic Support Fund'',
$684,700,000 (reduced by $3,000,000), to remain available
until September 30, 2006, of which up to $200,000,000 may be
provided for programs, activities, and efforts to support
Palestinians.
[For an additional amount for ``Economic Support Fund'',
$376,500,000, to remain available until September 30, 2006:
Provided, That these funds are hereby designated by Congress
to be emergency requirements pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
[Assistance for the Independent States of the Former Soviet Union
[For an additional amount for ``Assistance for the
Independent States of the Former Soviet Union'' for
assistance for Ukraine, $33,700,000, to remain available
until September 30, 2006.
[DEPARTMENT OF STATE
[International Narcotics Control and Law Enforcement
[(Including Transfer of Funds)
[For an additional amount for ``International Narcotics
Control and Law Enforcement'', $594,000,000, to remain
available until September 30, 2007, of which not more than
$400,000,000 may be made available to provide assistance to
the Afghan police: Provided, That the amounts provided under
this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[Migration and Refugee Assistance
[For an additional amount for ``Migration and Refugee
Assistance'', $53,400,000 (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).
[Nonproliferation, Anti-Terrorism, Demining and Related Programs
[For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $17,100,000, to
remain available until September 30, 2006: Provided, That the
amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
[MILITARY ASSISTANCE
[FUNDS APPROPRIATED TO THE PRESIDENT
[Foreign Military Financing Program
[For an additional amount for the ``Foreign Military
Financing Program'', $250,000,000.
[Peacekeeping Operations
[For an additional amount for ``Peacekeeping Operations'',
$10,000,000, to remain available until September 30, 2006:
Provided, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
[GENERAL PROVISIONS--THIS CHAPTER
[Sec. 2101. Section 307(a) of the Foreign Assistance Act of
1961 is amended by striking ``Iraq,''.
[(Rescission)
[Sec. 2102. The unexpended balance appropriated by Public
Law 108-11 under the heading ``Economic Support Fund'' and
made available for Turkey is rescinded.
[Sec. 2103. Section 559 of division D of Public Law 108-447
is amended by adding at the end the following:
[``(e) Subsequent to the certification specified in
subsection (a), the Comptroller General of the United States
shall conduct an audit and an investigation of the treatment,
handling, and uses of all funds for the bilateral West Bank
and Gaza Program in fiscal year 2005 under the heading
`Economic Support Fund'. The audit shall address--
[``(1) the extent to which such Program complies with the
requirements of subsections (b) and (c), and
[``(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.''.
[Sec. 2104. The Secretary of State shall submit to the
Committees on Appropriations not later than 30 days after
enactment, and prior to the initial obligation of funds
appropriated under this chapter, a report on the proposed
uses of all funds on a project-by-project basis, for which
the obligation of funds is anticipated: Provided, That up to
10 percent of funds appropriated under this chapter may be
obligated before the submission of the report subject to the
normal notification procedures of the Committees on
Appropriations: Provided further, That the report shall be
updated and submitted to the Committees on Appropriations
every six months and shall include information detailing how
the estimates and assumptions contained in previous reports
have changed: Provided further, That any new projects and
increases in funding of ongoing projects shall be subject to
the prior approval of the Committees on Appropriations:
Provided further, That the Secretary of State shall submit to
the Committees on Appropriations, not later than 210 days
following enactment of this Act and annually thereafter, a
report detailing on a project-by-project basis the
expenditure of funds appropriated under this chapter until
all funds have been fully expended.
[Sec. 2105. The Comptroller General of the United States
shall conduct an audit of the use of all funds for the
bilateral Afghanistan counternarcotics and alternative
livelihood programs in fiscal year 2005 under the heading
``Economic Support Fund'' and ``International Narcotics
Control and Law Enforcement'': Provided, That the audit shall
include an examination of all programs, projects and
activities carried out under such programs, including both
obligations and expenditures.
[Sec. 2106. No later than 60 days after the date of
enactment of this Act, the President shall submit a report to
the Congress detailing--
[(1) information regarding the Palestinian security
services, including their numbers, accountability, and chains
of command, and steps taken to purge from their ranks
individuals with ties to terrorist entities;
[(2) specific steps taken by the Palestinian Authority to
dismantle the terrorist infrastructure, confiscate
unauthorized weapons, arrest and bring terrorists to justice,
destroy unauthorized arms factories, thwart and preempt
terrorist attacks, and cooperate with Israel's security
services;
[(3) specific actions taken by the Palestinian Authority to
stop incitement in Palestinian Authority-controlled
electronic and print media and in schools, mosques, and other
institutions it controls, and to promote peace and
coexistence with Israel;
[(4) specific steps the Palestinian Authority has taken to
ensure democracy, the rule of law, and an independent
judiciary, and transparent and accountable governance;
[(5) the Palestinian Authority's cooperation with United
States officials in their investigations into the late
Palestinian leader Yasser Arafat's finances; and
[(6) the amount of assistance pledged and actually provided
to the Palestinian Authority by other donors:
[Provided, That not later than 180 days after enactment of
this Act, the President shall submit to the Congress an
update of this report: Provided further, That up to
$5,000,000 of the funds made available for assistance to the
West Bank and Gaza by this title under ``Economic Support
Fund'' shall be used for an outside, independent evaluation
by an internationally recognized accounting firm of the
transparency and accountability of Palestinian Authority
accounting procedures and an audit of expenditures by the
Palestinian Authority: Provided further, That the
[[Page S3373]]
waiver authority of section 550(b) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2005 (Public Law 108-447) may not be exercised with respect
to funds appropriated for assistance to the Palestinians
under this chapter: Provided further, That the waiver
detailed in Presidential Determination 2005-10 issued on
December 8, 2004, shall not be extended to funds appropriated
under this chapter.
[CHAPTER 2
[DEPARTMENT OF STATE AND RELATED AGENCY
[DEPARTMENT OF STATE
[Administration of Foreign Affairs
[Diplomatic and Consular Programs
[For an additional amount for ``Diplomatic and Consular
Programs'', $748,500,000, to remain available until September
30, 2006: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[Embassy Security, Construction, and Maintenance
[For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $592,000,000, to remain
available until expended: Provided, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[International Organizations
[Contributions for International Peacekeeping Activities
[(Including Transfer of Funds)
[For an additional amount for ``Contributions for
International Peacekeeping Activities'', $580,000,000, to
remain available until September 30, 2006: Provided, That the
amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress): Provided further, That up to $55,000,000 provided
under this heading may be transferred to ``Peacekeeping
Operations'', to be available for costs of establishing and
operating a Sudan war crimes tribunal.
[RELATED AGENCY
[Broadcasting Board of Governors
[International Broadcasting Operations
[For an additional amount for ``International Broadcasting
Operations'' for activities related to broadcasting to the
broader Middle East, $4,800,000, to remain available until
September 30, 2006: Provided, That the amounts provided under
this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[CHAPTER 3
[DEPARTMENT OF AGRICULTURE
[Foreign Agricultural Service
[Public Law 480 Title II Grants
[For an additional amount for ``Public Law 480 Title II
Grants'', $150,000,000, to remain available until expended:
Provided, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
[TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON TERROR
[CHAPTER 1
[DEPARTMENT OF ENERGY
[NATIONAL NUCLEAR SECURITY ADMINISTRATION
[Defense Nuclear Nonproliferation
[For an additional amount for ``Defense Nuclear
Nonproliferation'', $110,000,000, to remain available until
expended: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[CHAPTER 2
[DEPARTMENT OF HOMELAND SECURITY
[UNITED STATES COAST GUARD
[Operating Expenses
[For an additional amount for ``Operating Expenses'',
$111,950,000: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[Acquisition, Construction, and Improvements
[For an additional amount for ``Acquisition, Construction,
and Improvements'', $49,200,000, to remain available until
September 30, 2007: Provided, That the amounts provided under
this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[CHAPTER 3
[DEPARTMENT OF JUSTICE
[Federal Bureau of Investigation
[Salaries and Expenses
[For an additional amount for ``Salaries and Expenses'',
$78,970,000: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[Drug Enforcement Administration
[Salaries and Expenses
[For an additional amount for ``Salaries and Expenses,''
$7,648,000: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[TITLE IV--INDIAN OCEAN TSUNAMI RELIEF
[CHAPTER 1
[FUNDS APPROPRIATED TO THE PRESIDENT
[OTHER BILATERAL ASSISTANCE
[Tsunami Recovery and Reconstruction Fund
[(including transfers of funds)
[For necessary expenses to carry out the Foreign Assistance
Act of 1961, for emergency relief, rehabilitation, and
reconstruction aid to countries affected by the tsunami and
earthquakes of December 2004, and for other purposes,
$656,000,000 (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.
[GENERAL PROVISION
[Sec. 4101. Amounts made available pursuant to section
492(b) of the Foreign Assistance Act of 1961 to address
relief and rehabilitation needs for countries affected by the
tsunami and earthquake of December 2004, prior to the
enactment of this Act, shall be in addition to the amount
that may be obligated in fiscal year 2005 under that section.
[Sec. 4102. The Secretary of State shall submit to the
Committees on Appropriations not later than 30 days after
enactment, and prior to the initial obligation of funds
appropriated under this chapter, a report on the proposed
uses of all funds on a project-by-project basis, for which
the obligation of funds is anticipated: Provided, That up to
10 percent of funds appropriated under this chapter may be
obligated before the submission of the report subject to the
normal notification procedures of the Committees on
Appropriations: Provided further, That the report shall be
updated and submitted to the Committees on Appropriations
every six months and shall include information detailing how
the estimates and assumptions contained in previous reports
have changed: Provided further, That any proposed new
projects and increases in funding of ongoing projects shall
be reported to the Committees on Appropriations in accordance
with regular notification procedures: Provided further, That
the Secretary of State shall submit to the Committees on
Appropriations, not later than 210 days following enactment
of this Act, and every six months thereafter, a report
detailing on a project-by project basis, the expenditure of
funds appropriated under this chapter until all funds have
been fully expended.
[[Page S3374]]
[CHAPTER 2
[DEPARTMENT OF DEFENSE--MILITARY
[OPERATION AND MAINTENANCE
[Operation and Maintenance, Navy
[For an additional amount for ``Operation and Maintenance,
Navy'', $124,100,000: Provided, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[Operation and Maintenance, Marine Corps
[For an additional amount for ``Operation and Maintenance,
Marine Corps'', $2,800,000: Provided, That the amounts
provided under this heading are designated as an emergency
requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
[Operation and Maintenance, Air Force
[For an additional amount for ``Operation and Maintenance,
Air Force'', $30,000,000: Provided, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[Operation and Maintenance, Defense-Wide
[For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $29,150,000: Provided, That the amounts
provided under this heading are designated as an emergency
requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
[Overseas Humanitarian, Disaster, and Civic Aid
[For an additional amount for ``Overseas Humanitarian,
Disaster, and Civic Aid'', $36,000,000, to remain available
until September 30, 2006: Provided, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[CHAPTER 3
[DEPARTMENT OF DEFENSE
[Defense Health Program
[For an additional amount for ``Defense Health Program'',
$3,600,000 for operation and maintenance: Provided, That the
amounts provided under this heading are designated as an
emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
[CHAPTER 4
[DEPARTMENT OF HOMELAND SECURITY
[UNITED STATES COAST GUARD
[Operating Expenses
[For an additional amount for ``Operating Expenses'',
$350,000: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[CHAPTER 5
[DEPARTMENT OF THE INTERIOR
[UNITED STATES GEOLOGICAL SURVEY
[Surveys, Investigations, and Research
[For an additional amount for ``Surveys, Investigations,
and Research'', $8,100,000, to remain available until
September 30, 2006: Provided, That the amounts provided under
this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
[CHAPTER 6
[DEPARTMENT OF COMMERCE
[National Oceanic and Atmospheric Administration
[Operations, Research, and Facilities
[For an additional amount for ``Operations, Research, and
Facilities'', $4,830,000, to remain available until September
30, 2006, for United States tsunami warning capabilities and
operations: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[Procurement, Acquisition and Construction
[For an additional amount for ``Procurement, Acquisition
and Construction'', $9,670,000, to remain available until
September 30, 2007, for United States tsunami warning
capabilities: Provided, That the amounts provided under this
heading are designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
[TITLE V--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS
[Sec. 5001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
[(Including Transfers of Funds)
[Sec. 5002. Notwithstanding any other provision of law,
upon enactment of this Act, the Secretary of Defense shall
make the following transfers of funds previously made
available in the Department of Defense Appropriations Act,
2005 (Public Law 108-287): Provided, That the amounts
transferred shall be made available for the same purpose and
the same time period as the appropriation to which
transferred: Provided further, That the authority provided in
this section is in addition to any other transfer authority
available to the Department of Defense: Provided further,
That the amounts shall be transferred between the following
appropriations, in the amounts specified:
[To:
[Under the heading, ``Research, Development, Test and
Evaluation, Air Force, 2005/2006'', $500,000;
[From:
[Under the heading, ``Other Procurement, Air Force'',
$500,000.
[To:
[Under the heading, ``Other Procurement, Air Force, 2005/
2007'', $8,200,000;
[From:
[Under the heading, ``Other Procurement, Navy, 2005/2007'',
$8,200,000.
[Sec. 5003. Funds appropriated by this Act may be obligated
and expended notwithstanding section 15 of the State
Department Basic Authorities Act of 1956, section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236) and section 10 of Public Law 91-672
(22 U.S.C. 2412), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 414(a)(1)).
[Sec. 5004. The last proviso under the heading ``Operation
and Maintenance'' in title I of division C of Public Law 108-
447 is amended by striking ``Public Law 108-357'' and
inserting ``Public Law 108-137''.
[Sec. 5005. Section 101 of title I of division C of Public
Law 108-447 is amended by striking ``per project'' and all
that follows through the period at the end and inserting
``for all applicable programs and projects not to exceed
$80,000,000 in each fiscal year.''.
[Sec. 5006. The matter under the heading ``Water and
Related Resources'' in title II of division C of Public Law
108-447 is amended by inserting before the period at the end
the following: ``: Provided further, That $4,023,000 of the
funds appropriated under this heading shall be deposited in
the San Gabriel Basin Restoration Fund established by section
110 of title I of division B of the Miscellaneous
Appropriations Act, 2001 (as enacted into law by Public Law
106-554)''.
[Sec. 5007. In division C, title III of the Consolidated
Appropriations Act, 2005 (Public Law 108-447), the item
relating to ``Department of Energy--Energy Programs--Nuclear
Waste Disposal'' is amended by--
[(1) inserting ``to be derived from the Nuclear Waste Fund
and'' after ``$346,000,000,''; and
[(2) striking ``to conduct scientific oversight
responsibilities and participate in licensing activities
pursuant to the Act'' and inserting ``to participate in
licensing activities and other appropriate activities
pursuant to the Act''.
[Sec. 5008. Section 144(b)(2) of title I of division E of
Public Law 108-447 is amended by striking ``September 24,
2004'' and inserting ``November 12, 2004''.
[Sec. 5009. In the statement of the managers of the
committee of conference accompanying H.R. 4818 (Public Law
108-447; House Report 108-792), in the matter in title III of
division F, relating to the Fund for the Improvement of
Education under the heading ``Innovation and Improvement''--
[(1) the provision specifying $500,000 for the Mississippi
Museum of Art, Jackson, MS for Hardy Middle School After
School Program shall be deemed to read ``Mississippi Museum
of Art, Jackson, MS for a Mississippi Museum of Art After-
School Collaborative'';
[(2) the provision specifying $2,000,000 for the Milken
Family Foundation, Santa Monica, CA, for the Teacher
Advancement Program shall be deemed to read ``Teacher
Advancement Program Foundation, Santa Monica, CA for the
Teacher Advancement Program'';
[(3) the provision specifying $1,000,000 for Batelle for
Kids, Columbus, OH for a multi-state effort to evaluate and
learn the most effective ways for accelerating student
academic growth shall be deemed to read ``Battelle for Kids,
Columbus, OH for a multi-state effort to implement, evaluate
and learn the most effective ways for accelerating student
academic growth'';
[(4) the provision specifying $750,000 for the Institute of
Heart Math, Boulder Creek, CO for a teacher retention and
student dropout prevention program shall be deemed to read
``Institute of Heart Math, Boulder Creek, CA for a teacher
retention and student dropout prevention program'';
[(5) the provision specifying $200,000 for Fairfax County
Public Schools, Fairfax, VA for Chinese language programs in
Franklin Sherman Elementary School and Chesterbrook
Elementary School in McLean, Virginia shall be deemed to read
``Fairfax County Public Schools, Fairfax, VA for Chinese
language programs in Shrevewood Elementary School and
Wolftrap Elementary School'';
[(6) the provision specifying $1,250,000 for the University
of Alaska/Fairbanks in Fairbanks, AK, working with the State
of Alaska and Catholic Community Services, for the Alaska
System for Early Education Development (SEED) shall be deemed
to read ``University of Alaska/Southeast in Juneau, AK,
working with the State of Alaska and Catholic Community
Services, for the Alaska System for Early Education
Development (SEED)'';
[(7) the provision specifying $25,000 for QUILL
Productions, Inc., Aston, PA, to develop and disseminate
programs to enhance the teaching of American history shall be
[[Page S3375]]
deemed to read ``QUILL Entertainment Company, Aston, PA, to
develop and disseminate programs to enhance the teaching of
American history'';
[(8) the provision specifying $780,000 for City of St.
Charles, MO for the St. Charles Foundry Arts Center in
support of arts education shall be deemed to read ``The
Foundry Art Centre, St. Charles, Missouri for support of arts
education in conjunction with the City of St. Charles, MO'';
[(9) the provision specifying $100,000 for Community Arts
Program, Chester, PA, for arts education shall be deemed to
read ``Chester Economic Development Authority, Chester, PA
for a community arts program'';
[(10) the provision specifying $100,000 for Kids with A
Promise--The Bowery Mission, Bushkill, PA shall be deemed to
read ``Kids with A Promise--The Bowery Mission, New York,
NY'';
[(11) the provision specifying $50,000 for Great Projects
Film Company, Inc., Washington, DC, to produce ``Educating
America'', a documentary about the challenges facing our
public schools shall be deemed to read ``Great Projects Film
Company, Inc., New York, NY, to produce `Educating America',
a documentary about the challenges facing our public
schools'';
[(12) the provision specifying $30,000 for Summer Camp
Opportunities Provide an Edge (SCOPE), New York, NY for YMCA
Camps Skycrest, Speers and Elijabar shall be deemed to read
``American Camping Association for Summer Camp Opportunities
Provide an Edge (SCOPE), New York, NY for YMCA Camps Skycrest
and Speers-Elijabar''; and
[(13) the provision specifying $163,000 for Space Education
Initiatives, Green Bay, WI for the Wisconsin Space Science
Initiative shall be deemed to read ``Space Education
Initiatives, De Pere, WI for the Wisconsin Space Science
Initiative''.
[Sec. 5010. In the statement of the managers of the
committee of conference accompanying H.R. 4818 (Public Law
108-447; House Report 108-792), in the matter in title III of
division F, relating to the Fund for the Improvement of
Postsecondary Education under the heading ``Higher
Education''--
[(1) the provision specifying $145,000 for the Belin-Blank
Center at the University of Iowa, Iowa City, IA for the Big
10 school initiative to improve minority student access to
Advanced Placement courses shall be deemed to read
``University of Iowa, Iowa City, IA for the Iowa and Israel:
Partners in Excellence program to enhance math and science
opportunities to rural Iowa students'';
[(2) the provision specifying $150,000 for Mercy College,
Dobbs Ferry, NY for the development of a registered nursing
program shall be deemed to read ``Mercy College, Dobbs Ferry,
NY, for the development of a master's degree program in
nursing education, including marketing and recruitment
activities'';
[(3) the provision specifying $100,000 for University of
Alaska/Southeast to develop distance education coursework for
arctic engineering courses and programs shall be deemed to
read ``University of Alaska System Office to develop distance
education coursework for arctic engineering courses and
programs''; and
[(4) the provision specifying $100,000 for Culver-Stockton
College, Canton, MO for equipment and technology shall be
deemed to read ``Moberly Area Community College, Moberly, MO
for equipment and technology''.
[Sec. 5011. The matter under the heading ``Corporation for
National and Community Service--National and Community
Service Programs Operating Expenses'' in title III of
division I of Public Law 108-447 is amended by inserting
before the period at the end the following: ``: Provided
further, That the Corporation may use up to 1 percent of
program grant funds made available under this heading to
defray its costs of conducting grant application reviews,
including the use of outside peer reviewers''.
[Sec. 5012. Section 114 of title I of division I of the
Consolidated Appropriations Act, 2005 (Public Law 108-447) is
amended by inserting before the period ``and section 303 of
Public Law 108-422''.
[Sec. 5013. Section 117 of title I of division I of the
Consolidated Appropriations Act, 2005 (Public Law 108-447) is
amended by striking ``that are deposited into the Medical
Care Collections Fund may be transferred and merged with''
and inserting ``may be deposited into the''.
[Sec. 5014. Section 1703(d)(2) of title 38, United States
Code, is amended by striking ``shall be available for the
purposes'' and inserting ``shall be available, without fiscal
limitation, for the purposes''.
[Sec. 5015. Section 621 of title VI of division B of Public
Law 108-199 is amended by striking ``of passenger, cargo and
other aviation services''.
[Sec. 5016. Section 619(a) of title VI of division B of
Public Law 108-447 is amended by striking ``Asheville-
Buncombe Technical Community College'' and inserting ``the
International Small Business Institute''.
[Sec. 5017. (a) Section 619(a) of title VI of division B of
Public Law 108-447 is amended by striking ``for the continued
modernization of the Mason Building''.
[(b) Section 621 of title VI of division B of Public Law
108-199, as amended by Public Law 108-447, is amended by
striking ``, for the continued modernization of the Mason
Building''.
[Sec. 5018. The Department of Justice may transfer funds
from any Department of Justice account to ``Detention
Trustee'': Provided, That the notification requirement in
section 605(b) of title VI of division B of Public Law 108-
447 shall remain in effect for any such transfers.
[Sec. 5019. The referenced statement of managers under the
heading ``Community Development Fund'' in title II of
division K of Public Law 108-7 is deemed to be amended--
[(1) with respect to item number 39 by striking
``Conference and Workforce Center in Harrison, Arkansas'' and
inserting ``in Harrison, Arkansas for facilities construction
of the North Arkansas College Health Sciences Education
Center''; and
[(2) with respect to item number 316 by striking ``for
renovation of a visitor center to accommodate a Space and
Flight Center'' and inserting ``to build-out the Prince
George's County Economic Development and Business Assistance
Center''.
[Sec. 5020. The referenced statement of the managers under
the heading ``Community Development Fund'' in title II of
division G of Public Law 108-199 is deemed to be amended--
[(1) with respect to item number 56 by striking
``Conference and Training Center'' and inserting ``North
Arkansas College Health Sciences Education Center'';
[(2) with respect to item number 102 by striking ``to the
Town of Groveland, California for purchase of a youth
center'' and inserting ``to the County of Tuolomne for the
purchase of a new youth center in the mountain community of
Groveland'';
[(3) with respect to item number 218 by striking ``for
construction'' and inserting ``for design and engineering'';
[(4) with respect to item number 472 by striking ``for
sidewalk, curbs and facade improvements in the Morton Avenue
neighborhood'' and inserting ``for streetscape renovation'';
and
[(5) with respect to item number 493 by striking ``for land
acquisition'' and inserting ``for planning and design of its
Sports and Recreation Center and Education Complex''.
[Sec. 5021. The referenced statement of the managers under
the heading ``Community Development Fund'' in title II of
division I of Public Law 108-447 is deemed to be amended as
follows--
[(1) with respect to item number 706 by striking `` a
public swimming pool'' and inserting ``recreation fields'';
[(2) with respect to item number 667 by striking ``to the
Town of Appomattox, Virginia for facilities construction of
an African-American cultural and heritage museum at the
Carver-Price building'' and inserting ``to the County of
Appomattox, Virginia for renovation of the Carver-Price
building'';
[(3) with respect to item number 668 by striking ``for the
Town of South Boston, Virginia for renovations and creation
of a community arts center at the Prizery'' and inserting
``for The Prizery in South Boston, Virginia for renovations
and creation of a community arts center'';
[(4) with respect to item number 669 by striking ``for the
City of Moneta, Virginia for facilities construction and
renovations of an art, education, and community outreach
center'' and inserting ``for the Moneta Arts, Education, and
Community Outreach Center in Moneta, Virginia for facilities
construction and renovations'';
[(5) with respect to item number 910 by striking ``repairs
to'' and inserting ``renovation and construction of''; and
[(6) with respect to item number 902 by striking ``City of
Brooklyn'' and inserting ``Fifth Ave Committee in Brooklyn''.
[Sec. 5022. Section 308 of division B of Public Law 108-447
is amended by striking all after the words ``shall be
deposited'', and inserting ``as offsetting receipts to the
fund established under 28 U.S.C. 1931 and shall remain
available to the Judiciary until expended to reimburse any
appropriation for the amount paid out of such appropriation
for expenses of the Courts of Appeals, District Courts, and
Other Judicial Services and the Administrative Offices of the
United States Courts.''.
[Sec. 5023. Section 198 of division H of Public Law 108-447
is amended by inserting ``under title 23 of the United States
Code'' after ``law''.
[Sec. 5024. The District of Columbia Appropriations Act,
2005 (Public Law 108-335) approved October 18, 2004, is
amended as follows:
[(1) Section 331 is amended as follows:
[(A) in the first sentence by striking the word
``$15,000,000'' and inserting ``$42,000,000, to remain
available until expended,'' in its place; and
[(B) by amending paragraph (5) to read as follows:
[``(5) The amounts may be obligated or expended only if the
Mayor notifies the Committees on Appropriations of the House
of Representatives and Senate in writing 30 days in advance
of any obligation or expenditure.''.
[(2) By inserting a new section before the short title at
the end to read as follows:
[``Sec. 348. The amount appropriated by this Act may be
increased by an additional amount of $206,736,000 (including
$49,927,000 from local funds and $156,809,000 from other
funds) to be transferred by the Mayor of the District of
Columbia to the various headings under this Act as follows:
[``(1) $174,927,000 (including $34,927,000 from local
funds, and $140,000,000 from other funds) shall be
transferred under the heading `Government Direction and
Support': Provided, That of the funds, $33,000,000 from local
funds shall remain available until expended: Provided
further, That of the funds, $140,000,000
[[Page S3376]]
from other funds shall remain available until expended and
shall only be available in conjunction with revenue from a
private or alternative financing proposal approved pursuant
to section 106 of DC Act 15-717, the `Ballpark Omnibus
Financing and Revenue Act of 2004' approved by the District
of Columbia, December 29, 2004, and
[``(2) $15,000,000 from local funds shall be transferred
under the heading `Repayment of Loans and Interest', and
[``(3) $14,000,000 from other funds shall be transferred
under the heading `Sports and Entertainment Commission', and
[``(4) $2,809,000 from other funds shall be transferred
under the heading `Water and Sewer Authority'.''.
[TITLE VI--
[HUMANITARIAN ASSISTANCE CODE OF CONDUCT
[SEC. 6001. SHORT TITLE.
[This title may be cited as the ``Humanitarian Assistance
Code of Conduct Act of 2005''.
[SEC. 6002. CODE OF CONDUCT FOR THE PROTECTION OF
BENEFICIARIES OF HUMANITARIAN ASSISTANCE.
[(a) Prohibition.--None of the funds made available for
foreign operations, export financing, and related programs
under the headings ``Migration and Refugee Assistance'',
``United States Emergency Refugee and Migration Assistance
Fund'', ``International Disaster and Famine Assistance'', or
``Transition Initiatives'' may be obligated to an
organization that fails to adopt a code of conduct that
provides for the protection of beneficiaries of assistance
under any such heading from sexual exploitation and abuse in
humanitarian relief operations.
[(b) Six Core Principles.--The code of conduct referred to
in subsection (a) shall, to the maximum extent practicable,
be consistent with the following six core principles of the
United Nations Inter-Agency Standing Committee Task Force on
Protection From Sexual Exploitation and Abuse in Humanitarian
Crises:
[(1) ``Sexual exploitation and abuse by humanitarian
workers constitute acts of gross misconduct and are therefore
grounds for termination of employment.''.
[(2) ``Sexual activity with children (persons under the age
of 18) is prohibited regardless of the age of majority or age
of consent locally. Mistaken belief regarding the age of a
child is not a defense.''.
[(3) ``Exchange of money, employment, goods, or services
for sex, including sexual favors or other forms of
humiliating, degrading or exploitative behavior, is
prohibited. This includes exchange of assistance that is due
to beneficiaries.''.
[(4) ``Sexual relationships between humanitarian workers
and beneficiaries are strongly discouraged since they are
based on inherently unequal power dynamics. Such
relationships undermine the credibility and integrity of
humanitarian aid work.''.
[(5) ``Where a humanitarian worker develops concerns or
suspicions regarding sexual abuse or exploitation by a fellow
worker, whether in the same agency or not, he or she must
report such concerns via established agency reporting
mechanisms.''.
[(6) ``Humanitarian agencies are obliged to create and
maintain an environment which prevents sexual exploitation
and abuse and promotes the implementation of their code of
conduct. Managers at all levels have particular
responsibilities to support and develop systems which
maintain this environment.''.
[SEC. 6003. REPORT.
[Not later than 180 days after the date of the enactment of
this Act, and not later than one year after the date of the
enactment of this Act, the President shall transmit to the
Committee on Appropriations and the Committee on
International Relations of the House of Representatives and
the Committee on Appropriations and the Committee on Foreign
Relations of the Senate a detailed report on the
implementation of this title.
[SEC. 6004. EFFECTIVE DATE; APPLICABILITY.
[This title--
[(1) takes effect 60 days after the date of the enactment
of this Act; and
[(2) applies to funds obligated after the effective date
referred to in paragraph (1)--
[(A) for fiscal year 2005; and
[(B) any subsequent fiscal year.
[TITLE VII--ADDITIONAL GENERAL PROVISIONS
[Sec. 7001. None of the funds made available in this Act
may be used for embassy security, construction, and
maintenance.
[Sec. 7002. None of the funds made available in this Act
may be used to fund any contract in contravention of section
15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)).
[Sec. 7003. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
[(1) Section 2340A of title 18, United States Code.
[(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and any regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
[This division may be cited as the ``Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005''.
[DIVISION B--REAL ID ACT OF 2005
[SECTION 1. SHORT TITLE.
[This division may be cited as the ``REAL ID Act of 2005''.
[TITLE I--AMENDMENTS TO FEDERAL LAWS TO PROTECT AGAINST TERRORIST ENTRY
[SEC. 101. PREVENTING TERRORISTS FROM OBTAINING RELIEF FROM
REMOVAL.
[(a) Conditions for Granting Asylum.--Section 208(b)(1) of
the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)) is
amended--
[(1) by striking ``The Attorney General'' the first place
such term appears and inserting the following:
[``(A) Eligibility.--The Secretary of Homeland Security or
the Attorney General'';
[(2) by striking ``the Attorney General'' the second and
third places such term appears and inserting ``the Secretary
of Homeland Security or the Attorney General''; and
[(3) by adding at the end the following:
[``(B) Burden of proof.--
[``(i) In general.--The burden of proof is on the applicant
to establish that the applicant is a refugee, within the
meaning of section 101(a)(42)(A). To establish that the
applicant is a refugee within the meaning of such section,
the applicant must establish that race, religion,
nationality, membership in a particular social group, or
political opinion was or will be a central reason for
persecuting the applicant.
[``(ii) Sustaining burden.--The testimony of the applicant
may be sufficient to sustain the applicant's burden without
corroboration, but only if the applicant satisfies the trier
of fact that the applicant's testimony is credible, is
persuasive, and refers to specific facts sufficient to
demonstrate that the applicant is a refugee. In determining
whether the applicant has met the applicant's burden, the
trier of fact may weigh the credible testimony along with
other evidence of record. Where the trier of fact determines,
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.
[``(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.''.
[(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:
[``(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).''.
[(c) Other Requests for Relief From Removal.--Section
240(c) of the Immigration and Nationality Act (8 U.S.C.
1230(c)) is amended--
[(1) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively; and
[(2) by inserting after paragraph (3) the following:
[``(4) Applications for relief from removal.--
[``(A) In general.--An alien applying for relief or
protection from removal has the burden of proof to establish
that the alien--
[``(i) satisfies the applicable eligibility requirements;
and
[``(ii) with respect to any form of relief that is granted
in the exercise of discretion, that the alien merits a
favorable exercise of discretion.
[``(B) Sustaining burden.--The applicant must comply with
the applicable requirements to submit information or
documentation in support of the applicant's application for
relief or protection as provided by law or by regulation or
in the instructions for the application form. In evaluating
the testimony of the applicant or other witness in support of
the application, the immigration judge will determine whether
or not the testimony is credible, is persuasive, and refers
to specific facts sufficient to demonstrate that the
applicant has satisfied the applicant's burden of proof. In
determining whether the applicant has met such burden,
[[Page S3377]]
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.
[``(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.''.
[(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.''.
[(e) Clarification of Discretion.--Section 242(a)(2)(B) of
the Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B))
is amended--
[(1) by inserting ``or the Secretary of Homeland Security''
after ``Attorney General'' each place such term appears; and
[(2) in the matter preceding clause (i), by inserting ``and
regardless of whether the judgment, decision, or action is
made in removal proceedings,'' after ``other provision of
law,''.
[(f) Removal of Caps.--Section 209 of the Immigration and
Nationality Act (8 U.S.C. 1159) is amended--
[(1) in subsection (a)(1)--
[(A) by striking ``Service'' and inserting ``Department of
Homeland Security''; and
[(B) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security or the
Attorney General'';
[(2) in subsection (b)--
[(A) by striking ``Not more'' and all that follows through
``asylum who--'' and inserting ``The Secretary of Homeland
Security or the Attorney General, in the Secretary's or the
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
[(B) in the matter following paragraph (5), by striking
``Attorney General'' and inserting ``Secretary of Homeland
Security or the Attorney General''; and
[(3) in subsection (c), by striking ``Attorney General''
and inserting ``Secretary of Homeland Security or the
Attorney General''.
[(g) Effective Dates.--
[(1) The amendments made by paragraphs (1) and (2) of
subsection (a) shall take effect as if enacted on March 1,
2003.
[(2) The amendments made by subsections (a)(3), (b), 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.
[(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.
[(4) The amendments made by subsection (e) shall take
effect on the date of the enactment of this division and
shall apply to all cases pending before any court on or after
such date.
[(5) The amendments made by subsection (f) shall take
effect on the date of the enactment of this division.
[(h) Repeal.--Section 5403 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) is
repealed.
[SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT OF
BARRIERS AT BORDERS.
[Section 102(c) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is
amended to read as follows:
[``(c) Waiver.--
[``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall have the
authority to waive, and shall waive, all laws such Secretary,
in such Secretary's sole discretion, determines necessary to
ensure expeditious construction of the barriers and roads
under this section.
[``(2) No judicial review.--Notwithstanding any other
provision of law (statutory or nonstatutory), no court,
administrative agency, or other entity shall have
jurisdiction--
[``(A) to hear any cause or claim arising from any action
undertaken, or any decision made, by the Secretary of
Homeland Security pursuant to paragraph (1); or
[``(B) to order compensatory, declaratory, injunctive,
equitable, or any other relief for damage alleged to arise
from any such action or decision.''.
[SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TERRORIST-
RELATED ACTIVITIES.
[(a) In General.--So much of section 212(a)(3)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i))
as precedes the final sentence is amended to read as follows:
[``(i) In general.--Any alien who--
[``(I) has engaged in a terrorist activity;
[``(II) a consular officer, the Attorney General, or the
Secretary of Homeland Security knows, or has reasonable
ground to believe, is engaged in or is likely to engage after
entry in any terrorist activity (as defined in clause (iv));
[``(III) has, under circumstances indicating an intention
to cause death or serious bodily harm, incited terrorist
activity;
[``(IV) is a representative (as defined in clause (v)) of--
[``(aa) a terrorist organization (as defined in clause
(vi)); or
[``(bb) a political, social, or other group that endorses
or espouses terrorist activity;
[``(V) is a member of a terrorist organization described in
subclause (I) or (II) of clause (vi);
[``(VI) is a member of a terrorist organization described
in clause (vi)(III), unless the alien can demonstrate by
clear and convincing evidence that the alien did not know,
and should not reasonably have known, that the organization
was a terrorist organization;
[``(VII) endorses or espouses terrorist activity or
persuades others to endorse or espouse terrorist activity or
support a terrorist organization;
[``(VIII) has received military-type training (as defined
in section 2339D(c)(1) of title 18, United States Code) from
or on behalf of any organization that, at the time the
training was received, was a terrorist organization (as
defined in clause (vi)); or
[``(IX) is the spouse or child of an alien who is
inadmissible under this subparagraph, if the activity causing
the alien to be found inadmissible occurred within the last 5
years,
[is inadmissible.''.
[(b) Engage in Terrorist Activity Defined.--Section
212(a)(3)(B)(iv) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(iv)) is amended to read as follows:
[``(iv) Engage in terrorist activity defined.--As used in
this Act, the term `engage in terrorist activity' means, in
an individual capacity or as a member of an organization--
[``(I) to commit or to incite to commit, under
circumstances indicating an intention to cause death or
serious bodily injury, a terrorist activity;
[``(II) to prepare or plan a terrorist activity;
[``(III) to gather information on potential targets for
terrorist activity;
[``(IV) to solicit funds or other things of value for--
[``(aa) a terrorist activity;
[``(bb) a terrorist organization described in clause
(vi)(I) or (vi)(II); or
[``(cc) a terrorist organization described in clause
(vi)(III), unless the solicitor can demonstrate by clear and
convincing evidence that he did not know, and should not
reasonably have known, that the organization was a terrorist
organization;
[``(V) to solicit any individual--
[``(aa) to engage in conduct otherwise described in this
subsection;
[``(bb) for membership in a terrorist organization
described in clause (vi)(I) or (vi)(II); or
[``(cc) for membership in a terrorist organization
described in clause (vi)(III) unless the solicitor can
demonstrate by clear and convincing evidence that he did not
know, and should not reasonably have known, that the
organization was a terrorist organization; or
[``(VI) to commit an act that the actor knows, or
reasonably should know, affords material support, including a
safe house, transportation, communications, funds, transfer
of funds or other material financial benefit, false
documentation or identification, weapons (including chemical,
biological, or radiological weapons), explosives, or
training--
[``(aa) for the commission of a terrorist activity;
[``(bb) to any individual who the actor knows, or
reasonably should know, has committed or plans to commit a
terrorist activity;
[``(cc) to a terrorist organization described in subclause
(I) or (II) of clause (vi) or to any member of such an
organization; or
[``(dd) to a terrorist organization described in clause
(vi)(III), or to any member of such an organization, unless
the actor can demonstrate by clear and convincing evidence
that the actor did not know, and should not reasonably have
known, that the organization was a terrorist organization.
[This clause shall not apply to any material support the
alien afforded to an organization or individual that has
committed terrorist
[[Page S3378]]
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.''.
[(c) Terrorist Organization Defined.--Section
212(a)(3)(B)(vi) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(vi)) is amended to read as follows:
[``(vi) Terrorist organization defined.--As used in this
section, the term `terrorist organization' means an
organization--
[``(I) designated under section 219;
[``(II) otherwise designated, upon publication in the
Federal Register, by the Secretary of State in consultation
with or upon the request of the Attorney General or the
Secretary of Homeland Security, as a terrorist organization,
after finding that the organization engages in the activities
described in subclauses (I) through (VI) of clause (iv); or
[``(III) that is a group of two or more individuals,
whether organized or not, which engages in, or has a subgroup
which engages in, the activities described in subclauses (I)
through (VI) of clause (iv).''.
[(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this
division, and these amendments, and section 212(a)(3)(B) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)),
as amended by this section, shall apply to--
[(1) removal proceedings instituted before, on, or after
the date of the enactment of this division; and
[(2) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after such date.
[SEC. 104. REMOVAL OF TERRORISTS.
[(a) In General.--
[(1) In general.--Section 237(a)(4)(B) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended to
read as follows:
[``(B) Terrorist activities.--Any alien who is described in
subparagraph (B) or (F) of section 212(a)(3) is
deportable.''.
[(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this
division, and the amendment, and section 237(a)(4)(B) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)), as
amended by such paragraph, shall apply to--
[(A) removal proceedings instituted before, on, or after
the date of the enactment of this division; and
[(B) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after such date.
[(b) Repeal.--Effective as of the date of the enactment of
the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458), section 5402 of such Act is repealed,
and the Immigration and Nationality Act shall be applied as
if such section had not been enacted.
[SEC. 105. JUDICIAL REVIEW OF ORDERS OF REMOVAL.
[(a) In General.--Section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252) is amended--
[(1) in subsection (a)--
[(A) in paragraph (2)--
[(i) in subparagraph (A), by inserting ``(statutory or
nonstatutory), including section 2241 of title 28, United
States Code, or any other habeas corpus provision, and
sections 1361 and 1651 of such title'' after
``Notwithstanding any other provision of law'';
[(ii) in each of subparagraphs (B) and (C), by inserting
``(statutory or nonstatutory), including section 2241 of
title 28, United States Code, or any other habeas corpus
provision, and sections 1361 and 1651 of such title, and
except as provided in subparagraph (D)'' after
``Notwithstanding any other provision of law''; and
[(iii) by adding at the end the following:
[``(D) Judicial review of certain legal claims.--Nothing in
subparagraph (B) or (C), or in any other provision of this
Act 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
[(B) by adding at the end the following:
[``(4) Claims under the united nations convention.--
Notwithstanding any other provision of law (statutory or
nonstatutory), including section 2241 of title 28, United
States Code, or any other habeas corpus provision, and
sections 1361 and 1651 of such title, a petition for review
filed with an appropriate court of appeals in accordance with
this section shall be the sole and exclusive means for
judicial review of any cause or claim under the United
Nations Convention Against Torture and Other Forms of Cruel,
Inhuman, or Degrading Treatment or Punishment, except as
provided in subsection (e).
[``(5) Exclusive means of review.--Notwithstanding any
other provision of law (statutory or nonstatutory), including
section 2241 of title 28, United States Code, or any other
habeas corpus provision, and sections 1361 and 1651 of such
title, a petition for review filed with an appropriate court
of appeals in accordance with this section shall be the sole
and exclusive means for judicial review of an order of
removal entered or issued under any provision of this Act,
except as provided in subsection (e). For purposes of this
Act, in every provision that limits or eliminates judicial
review or jurisdiction to review, the terms `judicial review'
and `jurisdiction to review' include habeas corpus review
pursuant to section 2241 of title 28, United States Code, or
any other habeas corpus provision, sections 1361 and 1651 of
such title, and review pursuant to any other provision of law
(statutory or nonstatutory).'';
[(2) in subsection (b)--
[(A) in paragraph (3)(B), by inserting ``pursuant to
subsection (f)'' after ``unless''; and
[(B) in paragraph (9), by adding at the end the following:
``Except as otherwise provided in this section, no court
shall have jurisdiction, by habeas corpus under section 2241
of title 28, United States Code, or any other habeas corpus
provision, by section 1361 or 1651 of such title, or by any
other provision of law (statutory or nonstatutory), to review
such an order or such questions of law or fact.''; and
[(3) in subsection (g), by inserting ``(statutory or
nonstatutory), including section 2241 of title 28, United
States Code, or any other habeas corpus provision, and
sections 1361 and 1651 of such title'' after
``notwithstanding any other provision of law''.
[(b) Effective Date.--The amendments made by subsection (a)
shall take effect upon the date of the enactment of this
division and shall apply to cases in which the final
administrative order of removal, deportation, or exclusion
was issued before, on, or after the date of the enactment of
this division.
[(c) Transfer of Cases.--If an alien's case, brought under
section 2241 of title 28, United States Code, and challenging
a final administrative order of removal, deportation, or
exclusion, is pending in a district court on the date of the
enactment of this division, then the district court shall
transfer the case (or the part of the case that challenges
the order of removal, deportation, or exclusion) to the court
of appeals for the circuit in which a petition for review
could have been properly filed under section 242(b)(2) of the
Immigration and Nationality Act (8 U.S.C. 1252), as amended
by this section, or under section 309(c)(4)(D) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1101 note). The court of appeals shall treat the
transferred case as if it had been filed pursuant to a
petition for review under such section 242, except that
subsection (b)(1) of such section shall not apply.
[(d) Transitional Rule Cases.--A petition for review filed
under former section 106(a) of the Immigration and
Nationality Act (as in effect before its repeal by section
306(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1252 note)) shall be
treated as if it had been filed as a petition for review
under section 242 of the Immigration and Nationality Act (8
U.S.C. 1252), as amended by this section. Notwithstanding any
other provision of law (statutory or nonstatutory), including
section 2241 of title 28, United States Code, or any other
habeas corpus provision, and sections 1361 and 1651 of such
title, such petition for review shall be the sole and
exclusive means for judicial review of an order of
deportation or exclusion.
[SEC. 106. DELIVERY BONDS.
[(a) Definitions.--For purposes of this section:
[(1) Delivery bond.--The term ``delivery bond'' means a
written suretyship undertaking for the surrender of an
individual against whom the 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.
[(2) Principal.--The term ``principal'' means an individual
who is the subject of a bond.
[(3) Suretyship undertaking.--The term ``suretyship
undertaking'' means a written 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.
[(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.
[(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--
[(A) to guarantee the performance, where appropriate, of
the principal under a bond;
[(B) to perform the bond as required; and
[(C) to pay the face amount of the bond as a penalty for
failure to perform.
[(b) Validity, Agent not Co-Obligor, Expiration, Renewal,
and Cancellation of Bonds.--
[(1) Validity.--Delivery bond undertakings are valid if
such bonds--
[(A) state the full, correct, and proper name of the alien
principal;
[(B) state the amount of the bond;
[(C) are guaranteed by a surety and countersigned by an
agent who is properly appointed;
[[Page S3379]]
[(D) bond documents are properly executed; and
[(E) relevant bond documents are properly filed with the
Secretary of Homeland Security.
[(2) Bonding agent not co-obligor, party, or guarantor in
individual capacity, and no refusal if acceptable surety.--
Section 9304(b) of title 31, United States Code, is amended
by adding at the end the following: ``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.''.
[(3) Expiration.--A delivery bond undertaking shall expire
at the earliest of--
[(A) 1 year from the date of issue;
[(B) at the cancellation of the bond or surrender of the
principal; or
[(C) immediately upon nonpayment of the renewal premium.
[(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.
[(5) Cancellation.--Delivery bonds shall be canceled and
the surety exonerated--
[(A) for nonrenewal after the alien has been surrendered to
the Department of Homeland Security for removal;
[(B) if the surety or bonding agent provides reasonable
evidence that there was misrepresentation or fraud in the
application for the bond;
[(C) upon the death or incarceration of the principal, or
the inability of the surety to produce the principal for
medical reasons;
[(D) if the principal is detained by any law enforcement
agency of any State, county, city, or any politial
subdivision thereof;
[(E) if it can be established that the alien departed the
United States of America for any reason without permission of
the Secretary of Homeland Security, the surety, or the
bonding agent;
[(F) if the foreign state of which the principal is a
national is designated pursuant to section 244 of the Act (8
U.S.C. 1254a) after the bond is posted; or
[(G) if the principal is surrendered to the Department of
Homeland Security, removal by the surety or the bonding
agent.
[(6) Surrender of principal; forfeiture of bond premium.--
[(A) Surrender.--At any time, before a breach of any of the
bond conditions, if in the opinion of the surety or bonding
agent, the principal becomes a flight risk, the principal may
be surrendered to the Department of Homeland Security for
removal.
[(B) Forfeiture of bond premium.--A principal may be
surrendered without the return of any bond premium if the
principal--
[(i) changes address without notifying the surety, the
bonding agent, and the Secretary of Homeland Security in
writing prior to such change;
[(ii) hides or is concealed from a surety, a bonding agent,
or the Secretary;
[(iii) fails to report to the Secretary as required at
least annually; or
[(iv) violates the contract with the bonding agent or
surety, commits any act that may lead to a breach of the
bond, or otherwise violates any other obligation or condition
of the bond established by the Secretary.
[(7) Certified copy of bond and arrest warrant to accompany
surrender.--
[(A) In general.--A bonding agent or surety desiring to
surrender the principal--
[(i) shall have the right to petition the Secretary of
Homeland Security or any Federal court, without having to pay
any fees or court costs, for an arrest warrant for the arrest
of the principal;
[(ii) shall forthwith be provided 2 certified copies each
of the arrest warrant and the bond undertaking, without
having to pay any fees or courts costs; and
[(iii) shall have the right to pursue, 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.
[(B) Effects of delivery.--Upon surrender of a principal
under subparagraph (A)(iii)--
[(i) the official to whom the principal is surrendered
shall detain the principal in custody and issue a written
certificate of surrender; and
[(ii) the Secretary of Homeland Security shall immediately
exonerate the surety from any further liability on the bond.
[(8) Form of bond.--Delivery bonds shall in all cases state
the following and be secured by a corporate surety that is
certified as an acceptable surety on Federal bonds and whose
name appears on the current Treasury Department Circular 570:
[``(A) Breach of bond; procedure, forfeiture, notice.--
[``(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--
[``(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;
[``(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
[``(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.
[``(ii) Bonding agents and sureties shall immediately
notify the Secretary of Homeland Security of their changes of
address and/or telephone numbers.
[``(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'.
[``(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.
[``(v) If the principal is later arrested, detained, or
otherwise located outside the United States and the outlying
possessions of the United States (as defined in section
101(a) of the Immigration and Nationality Act), the Secretary
of Homeland Security shall--
[``(I) immediately order that the surety is completely
exonerated, and the bond canceled; and
[``(II) if the Secretary of 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.
[``(vi) The bonding agent or surety must--
[``(I) during the 15 months after the date the arrest
warrant and order were mailed pursuant to clause (i)(III)
surrender the principal one time; or
[``(II)(aa) provide reasonable evidence that producing the
principal was prevented--
[``(aaa) by the principal's illness or death;
[``(bbb) because the principal is detained in custody in
any city, State, country, or any political subdivision
thereof;
[``(ccc) because the principal has left the United States
or its outlying possessions (as defined in section 101(a) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)); or
[``(ddd) because required notice was not given to the
bonding agent or surety; and
[``(bb) establish by affidavit that the inability to
produce the principal was not with the consent or connivance
of the bonding agent or surety.
[``(vii) If compliance occurs more than 15 months but no
more than 18 months after the mailing of the arrest warrant
and order to the bonding agent and the surety required under
clause (i)(III), an amount equal to 25 percent of the face
amount of the bond shall be assessed as a penalty against the
surety.
[``(viii) If compliance occurs more than 18 months but no
more than 21 months after the mailing of the arrest warrant
and order to the bonding agent and the surety required under
clause (i)(III), an amount equal to 50 percent of the face
amount of the bond shall be assessed as a penalty against the
surety.
[``(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.
[``(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.
[``(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
[[Page S3380]]
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.
[``(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).
[``(B) The Secretary of Homeland Security may waive
penalties or extend the period for payment or both, if--
[``(i) a written request is filed with the Secretary of
Homeland Security; and
[``(ii) the bonding agent or surety provides an affidavit
that diligent efforts were made to effect compliance of the
principal.
[``(C) Compliance; exoneration; limitation of liability.--
[``(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.
[``(ii) Exoneration.--Upon satisfying any of the
requirements of the bond, the surety shall be completely
exonerated.
[``(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.''.
[(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.
[SEC. 107. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.
[(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:
[``(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''.
[(b) Repeal.--Section 286(r) of the Immigration and
Nationality Act (8 U.S.C. 1356(r)) is repealed.
[(c) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this
division.
[SEC. 108. DETENTION OF ALIENS DELIVERED BY BONDSMEN.
[(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:
[``(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.''.
[(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.
[TITLE II--IMPROVED SECURITY FOR DRIVERS' LICENSES AND PERSONAL
IDENTIFICATION CARDS
[SEC. 201. DEFINITIONS.
[In this title, the following definitions apply:
[(1) Driver's license.--The term ``driver's license'' means
a motor vehicle operator's license, as defined in section
30301 of title 49, United States Code.
[(2) Identification card.--The term ``identification card''
means a personal identification card, as defined in section
1028(d) of title 18, United States Code, issued by a State.
[(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
[(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.
[SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE
STANDARDS FOR FEDERAL RECOGNITION.
[(a) Minimum Standards for Federal Use.--
[(1) In general.--Beginning 3 years after the date of the
enactment of this division, a Federal agency may not accept,
for any official purpose, a driver's license or
identification card issued by a State to any person unless
the State is meeting the requirements of this section.
[(2) State certifications.--The Secretary shall determine
whether a State is meeting the requirements of this section
based on certifications made by the State to the Secretary 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.
[(b) Minimum Document Requirements.--To meet the
requirements of this section, a State shall include, at a
minimum, the following information and features on each
driver's license and identification card issued to a person
by the State:
[(1) The person's full legal name.
[(2) The person's date of birth.
[(3) The person's gender.
[(4) The person's driver's license or identification card
number.
[(5) A digital photograph of the person.
[(6) The person's address of principle residence.
[(7) The person's signature.
[(8) Physical security features designed to prevent
tampering, counterfeiting, or duplication of the document for
fraudulent purposes.
[(9) A common machine-readable technology, with defined
minimum data elements.
[(c) Minimum Issuance Standards.--
[(1) In general.--To meet the requirements of this section,
a State shall require, at a minimum, presentation and
verification of the following information before issuing a
driver's license or identification card to a person:
[(A) A photo identity document, except that a non-photo
identity document is acceptable if it includes both the
person's full legal name and date of birth.
[(B) Documentation showing the person's date of birth.
[(C) Proof of the person's social security account number
or verification that the person is not eligible for a social
security account number.
[(D) Documentation showing the person's name and address of
principal residence.
[(2) Special requirements.--
[(A) In general.--To meet the requirements of this section,
a State shall comply with the minimum standards of this
paragraph.
[(B) Evidence of lawful status.--A State shall require,
before issuing a driver's license or identification card to a
person, valid documentary evidence that the person--
[(i) is a citizen of the United States;
[(ii) is an alien lawfully admitted for permanent or
temporary residence in the United States;
[(iii) has conditional permanent resident status in the
United States;
[(iv) has an approved application for asylum in the United
States or has entered into the United States in refugee
status;
[(v) has a valid, unexpired nonimmigrant visa or
nonimmigrant visa status for entry into the United States;
[(vi) has a pending application for asylum in the United
States;
[(vii) has a pending or approved application for temporary
protected status in the United States;
[(viii) has approved deferred action status; or
[(ix) has a pending application for adjustment of status to
that of an alien lawfully admitted for permanent residence in
the United States or conditional permanent resident status in
the United States.
[(C) Temporary drivers' licenses and identification
cards.--
[(i) In general.--If a person presents evidence under any
of clauses (v) through (ix) of subparagraph (B), the State
may only issue a temporary driver's license or temporary
identification card to the person.
[(ii) Expiration date.--A temporary driver's license or
temporary identification card issued pursuant to this
subparagraph shall be valid only during the period of time of
the applicant's authorized stay in the United States or, if
there is no definite end to the period of authorized stay, a
period of one year.
[(iii) Display of expiration date.--A temporary driver's
license or temporary identification card issued pursuant to
this subparagraph shall clearly indicate that it is temporary
and shall state the date on which it expires.
[(iv) Renewal.--A temporary driver's license or temporary
identification card issued pursuant to this subparagraph may
be renewed only upon presentation of valid documentary
evidence that the status by which the applicant qualified for
the temporary driver's license or temporary identification
card has been extended by the Secretary of Homeland Security.
[(3) Verification of documents.--To meet the requirements
of this section, a State shall implement the following
procedures:
[(A) Before issuing a driver's license or identification
card to a person, the State shall verify, with the issuing
agency, the issuance, validity, and completeness of each
document required to be presented by the person under
paragraph (1) or (2).
[(B) The State shall not accept any foreign document, other
than an official passport, to satisfy a requirement of
paragraph (1) or (2).
[[Page S3381]]
[(C) Not later than September 11, 2005, the State shall
enter into a memorandum of understanding with the Secretary
of Homeland Security to routinely utilize the automated
system known as Systematic Alien Verification for
Entitlements, as provided for by section 404 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(110 Stat. 3009-664), to verify the legal presence status of
a person, other than a United States citizen, applying for a
driver's license or identification card.
[(d) Other Requirements.--To meet the requirements of this
section, a State shall adopt the following practices in the
issuance of drivers' licenses and identification cards:
[(1) Employ technology to capture digital images of
identity source documents so that the images can be retained
in electronic storage in a transferable format.
[(2) Retain paper copies of source documents for a minimum
of 7 years or images of source documents presented for a
minimum of 10 years.
[(3) Subject each person applying for a driver's license or
identification card to mandatory facial image capture.
[(4) Establish an effective procedure to confirm or verify
a renewing applicant's information.
[(5) Confirm with the Social Security Administration a
social security account number presented by a person using
the full social security account number. In the event that a
social security account number is already registered to or
associated with another person to which any State has issued
a driver's license or identification card, the State shall
resolve the discrepancy and take appropriate action.
[(6) Refuse to issue a driver's license or identification
card to a person holding a driver's license issued by another
State without confirmation that the person is terminating or
has terminated the driver's license.
[(7) Ensure the physical security of locations where
drivers' licenses and identification cards are produced and
the security of document materials and papers from which
drivers' licenses and identification cards are produced.
[(8) Subject all persons authorized to manufacture or
produce drivers' licenses and identification cards to
appropriate security clearance requirements.
[(9) Establish fraudulent document recognition training
programs for appropriate employees engaged in the issuance of
drivers' licenses and identification cards.
[(10) Limit the period of validity of all driver's licenses
and identification cards that are not temporary to a period
that does not exceed 8 years.
[SEC. 203. LINKING OF DATABASES.
[(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.
[(b) Requirements for Information.--A State motor vehicle
database shall contain, at a minimum, the following
information:
[(1) All data fields printed on drivers' licenses and
identification cards issued by the State.
[(2) Motor vehicle drivers' histories, including motor
vehicle violations, suspensions, and points on licenses.
[SEC. 204. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN
FALSE IDENTIFICATION DOCUMENTS.
[(a) Criminal Penalty.--Section 1028(a)(8) of title 18,
United States Code, is amended by striking ``false
authentication features'' and inserting ``false or actual
authentication features''.
[(b) Use of False Driver's License at Airports.--
[(1) In general.--The Secretary shall enter, into the
appropriate aviation security screening database, appropriate
information regarding any person convicted of using a false
driver's license at an airport (as such term is defined in
section 40102 of title 49, United States Code).
[(2) False defined.--In this subsection, the term ``false''
has the same meaning such term has under section 1028(d) of
title 18, United States Code.
[SEC. 205. GRANTS TO STATES.
[(a) In General.--The Secretary may make grants to a State
to assist the State in conforming to the minimum standards
set forth in this title.
[(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for each of the fiscal
years 2005 through 2009 such sums as may be necessary to
carry out this title.
[SEC. 206. AUTHORITY.
[(a) Participation of Secretary of Transportation and
States.--All authority to issue regulations, set standards,
and issue grants under this title shall be carried out by the
Secretary, in consultation with the Secretary of
Transportation and the States.
[(b) 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.
[(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.
[SEC. 207. REPEAL.
[Section 7212 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) is repealed.
[SEC. 208. LIMITATION ON STATUTORY CONSTRUCTION.
[Nothing in this title shall be construed to affect the
authorities or responsibilities of the Secretary of
Transportation or the States under chapter 303 of title 49,
United States Code.
[TITLE III--BORDER INFRASTRUCTURE AND TECHNOLOGY INTEGRATION
[SEC. 301. VULNERABILITY AND THREAT ASSESSMENT.
[(a) Study.--The Under Secretary of Homeland Security for
Border and Transportation Security, in consultation with the
Under Secretary of Homeland Security for Science and
Technology and the Under Secretary of Homeland Security for
Information Analysis and Infrastructure Protection, shall
study the technology, equipment, and personnel needed to
address security vulnerabilities within the United States for
each field office of the Bureau of Customs and Border
Protection that has responsibility for any portion of the
United States borders with Canada and Mexico. The Under
Secretary shall conduct follow-up studies at least once every
5 years.
[(b) Report to Congress.--The Under Secretary shall submit
a report to Congress on the Under Secretary's findings and
conclusions from each study conducted under subsection (a)
together with legislative recommendations, as appropriate,
for addressing any security vulnerabilities found by the
study.
[(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Department of Homeland Security
Directorate of Border and Transportation Security such sums
as may be necessary for fiscal years 2006 through 2011 to
carry out any such recommendations from the first study
conducted under subsection (a).
[SEC. 302. USE OF GROUND SURVEILLANCE TECHNOLOGIES FOR BORDER
SECURITY.
[(a) Pilot Program.--Not later than 180 days after the date
of the enactment of this division, the Under Secretary of
Homeland Security for Science and Technology, in consultation
with the Under Secretary of Homeland Security for Border and
Transportation Security, the Under Secretary of Homeland
Security for Information Analysis and Infrastructure
Protection, and the Secretary of Defense, shall develop a
pilot program to utilize, or increase the utilization of,
ground surveillance technologies to enhance the border
security of the United States. In developing the program, the
Under Secretary shall--
[(1) consider various current and proposed ground
surveillance technologies that could be utilized to enhance
the border security of the United States;
[(2) assess the threats to the border security of the
United States that could be addressed by the utilization of
such technologies; and
[(3) assess the feasibility and advisability of utilizing
such technologies to address such threats, including an
assessment of the technologies considered best suited to
address such threats.
[(b) Additional Requirements.--
[(1) In general.--The pilot program shall include the
utilization of a variety of ground surveillance technologies
in a variety of topographies and areas (including both
populated and unpopulated areas) on both the northern and
southern borders of the United States in order to evaluate,
for a range of circumstances--
[(A) the significance of previous experiences with such
technologies in homeland security or critical infrastructure
protection for the utilization of such technologies for
border security;
[(B) the cost, utility, and effectiveness of such
technologies for border security; and
[(C) liability, safety, and privacy concerns relating to
the utilization of such technologies for border security.
[(2) Technologies.--The ground surveillance technologies
utilized in the pilot program shall include the following:
[(A) Video camera technology.
[(B) Sensor technology.
[(C) Motion detection technology.
[(c) Implementation.--The Under Secretary of Homeland
Security for Border and Transportation Security shall
implement the pilot program developed under this section.
[(d) Report.--Not later than 1 year after implementing the
pilot program under subsection (a), the Under Secretary shall
submit a report on the program to the Senate Committee on
Commerce, Science, and Transportation, the House of
Representatives Committee on Science, the House of
Representatives Committee on Homeland Security, and the House
of Representatives Committee on the Judiciary. The Under
Secretary shall include in the report a description of the
program together with such recommendations as the Under
Secretary finds appropriate, including recommendations for
terminating the program, making the program permanent, or
enhancing the program.
[SEC. 303. ENHANCEMENT OF COMMUNICATIONS INTEGRATION AND
INFORMATION SHARING ON BORDER SECURITY.
[(a) In General.--Not later than 180 days after the date of
the enactment of this division, the Secretary of Homeland
Security,
[[Page S3382]]
acting through the Under Secretary of Homeland Security for
Border and Transportation Security, in consultation with the
Under Secretary of Homeland Security for Science and
Technology, the Under Secretary of Homeland Security for
Information Analysis and Infrastructure Protection, the
Assistant Secretary of Commerce for Communications and
Information, and other appropriate Federal, State, local, and
tribal agencies, shall develop and implement a plan--
[(1) to improve the communications systems of the
departments and agencies of the Federal Government in order
to facilitate the integration of communications among the
departments and agencies of the Federal Government and State,
local government agencies, and Indian tribal agencies on
matters relating to border security; and
[(2) to enhance information sharing among the departments
and agencies of the Federal Government, State and local
government agencies, and Indian tribal agencies on such
matters.
[(b) Report.--Not later than 1 year after implementing the
plan under subsection (a), the Secretary shall submit a copy
of the plan and a report on the plan, including any
recommendations the Secretary finds appropriate, to the
Senate Committee on Commerce, Science, and Transportation,
the House of Representatives Committee on Science, the House
of Representatives Committee on Homeland Security, and the
House of Representatives Committee on the Judiciary.]
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
[[Page S3383]]
``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).
[[Page S3384]]
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.
[[Page S3385]]
``(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 25 mm high explosive rounds for M2 Bradley
Fighting Vehicles, 120 mm multi-purpose anti-tank and
obstacle reduction rounds for M1 Abrams tanks, L410 aircraft
countermeasure flares, 81 mm mortar red phosphorous smoke
rounds, MD73 impulse cartridge for aircraft flares, and 20 mm
high explosive rounds for C-RAM, whose stocks have been
depleted and must be replenished for continuing operations of
the 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
[[Page S3386]]
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
[[Page S3387]]
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,''.
[[Page S3388]]
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
[[Page S3389]]
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
[[Page S3390]]
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'.''.
DE SOTO 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
[[Page S3391]]
(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.
Mc Clellan 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).
[[Page S3392]]
(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
[[Page S3393]]
(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.''.
The ACTING PRESIDENT pro tempore. The Senator from Mississippi.
Mr. COCHRAN. Mr. President, the Senate now has under consideration
H.R. 1268, the fiscal year 2005 emergency supplemental appropriations
bill. Pending is the substitute amendment recommended by the Committee
on Appropriations. The committee met last Wednesday, April 6, and
reported the bill with the substitute amendment by a unanimous consent
vote of 28 to 0.
Our recommended substitute would provide a total of $80,581,832,000
in supplemental appropriations for fiscal year 2005. The recommendation
is $1,460,796,000 below the President's request and $758,046,000 below
the amount recommended in the House-passed bill.
The substitute is comprised of six titles.
Title I provides a total of $74,426,257,000 for defense-related
activities, primarily the costs of continuing operations in Iraq and
Afghanistan.
Title II includes $4,322,700,000 for international security programs,
for assistance for reconstruction in Iraq and Afghanistan, and for
support for coalition allies.
Title III provides appropriations in the amount of $687,145,000 for
domestic activities related to homeland security and counterterrorism.
Title IV includes appropriations for Indian Ocean tsunami relief in
the amount of $907,344,000.
Title V includes $238,390,000 for other emergency appropriations.
Title VI includes general provisions and technical corrections.
This is a straightforward bill. It meets the needs of our fighting
forces overseas. It provides funding to meet our international
responsibilities. It offers relief to the victims of the catastrophic
tsunami in the Indian Ocean and addresses emergency requirements at
home. It is critically important we move this bill through the Senate
in a deliberate but expeditious fashion so we may confer with our
colleagues from the other body and present legislation for the
President's signature by the end of this month.
I will not take further time of the Senate today to go into all of
the details of the proposal. Individual subcommittee chairmen and their
ranking minority members will be available to Senators to explain the
details of the bill as needed and as requested by Senators.
At the appropriate time, I will move the committee substitute be
adopted and be treated as original text for the purposes of further
amendment.
Before yielding to my distinguished friend and colleague from West
Virginia, Senator Byrd, the ranking minority member of the committee, I
share with the Senate an interesting e-mail that was sent to one of my
staff members by one of the helicopter pilots who was aboard the USS
Abraham Lincoln, which steamed into the Indian Ocean immediately upon
hearing about the devastating earthquakes and the tsunami tidal waves
in that region of the world. They were one of our largest ships in the
general region. They immediately got underway from their
[[Page S3394]]
port when they heard the news and could tell how serious this situation
was and steamed to the region.
This friend wrote an e-mail to my detailee from the Department of
Defense who is a CDR Brian Glackin. At this time he has gone back to
active duty for his full-time job in the Navy. He gets this e-mail,
which he gave me a copy of, which I will read portions of so we can
appreciate the response of the United States, as quickly as it was
made, to this devastating situation.
Stationed aboard the Abraham Lincoln we were inport Hong
Kong on the morning of 26 Dec when we heard of the massive
earthquake and devastating Tsunamis in the Bay of Bengal. As
soon as we were aware of the horrible destruction we departed
Hong Kong and headed South at best speed . . .
Then he described what happened when they arrived.
I was in the first wave of helos sent ashore to establish a
logistical hub and move supplies from Banda Acch airport--
only a few miles from the destroyed north coast of the
island.
He describes the bodies in the water, the houses floating in the
ocean, the scenes along the coast as they were flying into the airport.
We arrived at the airport to a scene of confusion and near
chaos. Six days after the disaster and there was no
infrastructure in place to assist these people. About 500
displaced Indonesians who had survived had made their way to
the airport in search of a flight out of the area.
. . . there was only one other American military member at
the airport--an Army Major who had made his way up from the
Embassy in Jakarta. A few Australians were already there and
had set up a logistics hub to accept supplies. The Indonesian
military had a base here as well and were accepting supplies
but they had no other way than trucks to travel to the
destroyed areas inland to move the food and water.
Then he talks about being a fixed wing pilot. He was not able to fly
helicopters, but he helped coordinate the relief efforts. He
complimented the nongovernment organizations that within an hour had
loaded our first relief supplies to move down the west coast. He
complimented the USAID and the International Organization of Migration
as being invaluable in the establishing of assistance. He said:
USAID has amazing logistical support to gather supplies
from all over the world. The one thing both of these
organizations lacked was the ability to distribute supplies
to the people in need. That is where we came into play.
We have set up a system now to have twelve of our
Helicopters flying from sunrise to sunset to assist. We have
been carrying everything from biscuits, rice, noodles, milk,
water and medical supplies. We transport doctors and medical
staff as well. The Indonesian people are in need of
everything. Their homes along the coast have been washed away
and we are finding them wandering aimlessly with no ability
to acquire food, water or badly needed medical assistance.
They all lack the ability to communicate as all phone lines
are destroyed and there is no electricity. As our pilots drop
off these supplies there are stories of the Indonesians
hugging them with relief and joy.
Our pilots then fly north to return back to [the airport]
for resupply and they are finding small pockets of personnel
who do not have any aid. They are able to pick many of them
up and fly them to [the airport]. Most are near death.
Yesterday we had a helo land with seven badly injured or
dehydrated personnel all in critical condition. One was a
seven year old girl. The doctors told me we saved her life as
she would not have lived through the night. I couldn't help
but think of my beautiful daughters and it was then that I
realized the gravity of what we really were doing.
He said:
I see on the news [now] the incredible outpouring of
support from the US--it is a wonderful and necessary thing.
The effort here at sea is equally as impressive. These young
sailors are all extremely eager to get ashore and do whatever
is needed despite the threat of disease and the obvious
destruction.
He pointed out earlier that no sailors were asked to do anything who
did not volunteer to do it. The commanding officer asked if sailors
would like to participate and go ashore, and there were huge numbers
who did.
My squadron alone has already put numerous sailors ashore
to assist with the loading and moving of the helos. I have
never been so proud to be a member of the US military. We
often are focused on keeping the peace and deterring evil
acts. To now be able to have a direct impact in saving lives
and attempt to rebuild a society is a testament to the United
States' amazing resolve and capabilities.
I thank you all for your efforts and your support. Please
continue to keep the Indonesians in your thoughts and
prayers. As of today this country alone is approaching
100,000 deaths from this disaster--we need to do all that is
possible to mitigate any further suffering or loss of life.
Signed: CDR T.R. Williams, Executive Officer, deployed aboard the USS
Abraham Lincoln.
Mr. President, I ask unanimous consent that the entire e-mail that I
read from be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
From: Glackin, Brian CDR AAUSN-PTGN (FM&C)
[mailto:[email protected]]
Sent: Thursday, January 13, 2005 7:08 AM
To: Cochran, Thad (Cochran)
Subject: FW: Tsunami update from the Lincoln
Senator, Below is a letter from a fellow naval aviator and
good friend explaining his role in the Tsunami relief
efforts. I think you will find it interesting.
Very Respectfully,
Brian.
Hello family and friends,
I just spent 3 days ashore at Banda Aceh working to assist
all of those in dire need in Indonesia.
Stationed aboard the Abraham Lincoln we were inport Hong
Kong on the morning of 26 Dec. when we heard of the massive
earthquake and devastating Tsunamis in the Bay of Bengal. As
soon as we were aware of the horrible destruction we departed
Hong Kong and headed South at best speed--without any
official request from governments. As we proceeded, we were
completely unaware of what we could do or even if we would be
needed, but we continued through the Strait of Malacca
enroute to Indonesia and Thailand. Our mission was quickly
defined and we were tasked to assist Indonesia as best as
able. To do so we requested volunteers aboard the ship to
assist. The response as you can imagine was overwhelming as
all sailors want to do is help any way possible. We also knew
that this would be a job for the SH-60 Helicopters we have
aboard. We have currently shut down the flying for all
carrier fixed wing aircraft (that's me) as there was no
mission or request. For the first time in my 17 year Naval
career, I have seen us stop flying tactical fixed wing
aircraft--the primary purpose of an aircraft carrier--
completely as all of our focus is on this disaster.
We arrived off the north shore of Indonesia on the morning
of January 1st. I was in the first wave of helos sent ashore
to establish a logistical hub and move supplies from Banda
Aceh airport--only a few miles from the destroyed north coast
of the island. Not knowing what to expect as we lifted off
the deck, we were quickly given a glimpse as we could see
numerous corpses floating in the water. There were large
clusters of debris that looked like one time houses floating
in piles scattered all over the ocean. As we approached the
decimated shore we saw a cargo ship that was at least 300
feet long capsized on the beach. Proceeding further inland we
were amazed that the coastal town was gone, You could see
outlines of where foundations once were, but as the
earthquake shook them loose, the Tsunamis washed everything
out to sea. As we continued inland, the devastation was
evident more than 2 miles from the coast. We then approached
very green and lush mountains--a sharp contrast to the
leveled brown terrain of the decimated coast. We climbed in
the helos over these 2,000 foot peaks and entered an area of
surreal, beautiful countryside.
We arrived at the airport to a scene of confusion and near
chaos. Six days after the disaster and there was no
infrastructure in place to assist these people. About 500
displaced Indonesians who had survived had made their way to
the airport in search of a flight out of the area southeast
to the safe havens of Medan or Jakarta where there is little
or no damage.
Upon arrival, there was only one other American military
member at the airport--an Army Major who had made his way up
from the Embassy in Jakarta. A few Australians were already
there and had set up a basic logistics hub to accept
supplies. The Indonesian military had a base here as well and
were accepting supplies but had no way other than trucks
which could not travel on the destroyed roads to move the
food and water.
Being a Prowler pilot with no helicopter flying abilities,
I was sent in to be the Carrier Air Wing Two liaison to move
supplies! Realizing there was no one to liaise with, myself
and my squadron mate, Lt. Ken ``Jub'' Velez became the
primary coordinators to make this relief effort happen.
Arriving at 0900, we were able to coordinate with the
Indonesians and the NGO's (Non-Government Organizations),
and within an hour have our first load of relief supplies
moving down the west coast. The two primary NGO's USAID
and IOM (International Organization of Migration) have
been invaluable in the establishing of assistance. They
have a small medical tent with trained doctors capable of
triaging and stabilizing patients.
US AID has amazing logistical support to gather supplies
from all over the world. The one thing both of these
organizations lacked was the ability to distribute supplies
to the people in need. That is were we came into play.
We have set up a system now to have twelve of our
Helicopters flying from sunrise to sunset to assist. We have
been carrying everything from biscuits, rice, noodles, milk,
water and medical supplies. We transport doctors and medical
staff as well. The Indonesian people are in need of
everything.
[[Page S3395]]
Their homes along the coast have been washed away and we are
finding them wondering aimlessly with no ability to acquire
food, water or badly needed medical assistance. They all lack
the ability to communicate as all phone lines are destroyed
and there is no electricity. As our pilots drop off these
supplies there are stories of the Indonesians hugging them
with relief and joy. Our pilots then fly north to return back
to Banda Aceh for resupply and they are finding small pockets
of personnel who do not have any aid. They are able to pick
many of them up and fly them to Banda Aceh. Most are near
death. Yesterday we had a helo land with seven badly injured
or dehydrated personnel all in critical condition. One was a
7 year old little girl. The doctors told me we saved her life
as she would not have lived through the night. I couldn't
help but think of my beautiful daughters and it was then that
I realized the gravity of what we really were doing.
We will continue this effort as long as we are needed. It
is difficult to imagine shifting back to fixed wing flight
ops and leaving the area any time soon as the work to be done
is almost insurmountable. We have been working hard with the
hordes of press who badly need to tell this story. I enlisted
the support of my squadron mate, LCDR Dave ``Smack'' Edgarton
to specifically deal with the media. With every flight of two
that we send down the coast, we embark a two man journalist
team, as well as member of the IOM to coordinate with any
injured or displaced persons who need our help. Yesterday we
hosted Dan Rather and his CBS crew for a 60 minutes evening
magazine special he was doing that should air sometime
this week in the states. I had breakfast with Mr. Rather
aboard the carrier as we discussed the days' events and
what he would like to see. He and his staff's graciousness
and professionalism impressed me. We have flown Mike
Chinoy from CNN and correspondents from all the major U.S.
and international networks and newspapers. If something is
coming from Banda Aceh, the U.S. Navy has helped them get
their story.
I must say a few words about the volunteer effort here--it
is truly an effort of amazement. I see on the news the
incredible outpouring of support from the U.S.--it is a
wonderful and necessary thing. The effort here at sea is
equally as impressive. These young sailors are all extremely
eager to get ashore and do whatever is needed despite the
threat of disease and the obvious destruction. My squadron
alone has already put numerous sailors ashore to assist with
the loading and moving of the helos. I have never been so
proud to be a member of the U.S. military. We often are
focused on keeping the peace and deterring evil acts. To now
be able to have a direct impact in saving lives and attempt
to rebuild a society is a testament to the United States'
amazing resolve and capabilities. I thank you all for your
efforts and your support.
Please continue to keep the Indonesians in your thoughts
and prayers. As of today this country alone is approaching
100,000 deaths from this disaster--we need to do all that is
possible to mitigate any further suffering or loss of life.
My best to all,
CDR T.R. Williams,
Executive Officer, VAQ-131.
Mr. COCHRAN. This bill before the Senate contains funds that help
replenish the accounts that were depleted by our agencies that were
actively involved in the tsunami relief. We are asking in the bill for
the Senate to approve about $1 billion for related activities that were
involved in that operation. The military, of course, incurred costs,
too, and we hope this bill will help make up the difference in their
accounts so they will continue to be able to protect our security
interests around the world.
Mr. President, I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from West Virginia.
Mr. BYRD. Mr. President, this is the first appropriations bill
brought to the floor under the chairmanship of my good friend, the
senior Senator from the great State of Mississippi, Thad Cochran. He
has scrubbed the numbers so that, as he has pointed out, the bill is
under both the President's request and the House of Representatives
allowance. I commend Senator Cochran for his efforts. This was not
easy. He has been fairminded. He has been evenhanded in the processing
of this bill.
I will say a few words about our former chairman, the very
distinguished Senator from the State of Alaska, Ted Stevens. Because of
the committee chair term limits imposed under the Republican Caucus,
Ted Stevens has taken over the reins of the Senate Commerce Committee.
He will do a good job there.
He is always up to the deed, up to the moment. He carries his
responsibilities manfully, nobly, and he never forgets the Constitution
of the United States, the fact that this Government is under that
Constitution, that the separation of powers is a part of that
Constitution, that the Senate is equal to the House of Representatives,
and they make up the Congress of the United States, and that the
Congress is equal to each of the other branches, the executive branch
and the judicial branch.
But Senator Stevens, although he has left the chairmanship, and had
to leave by virtue of the Republican Caucus rules, still serves on the
Appropriations Committee. He chairs the Subcommittee on Defense. He
very ably chairs that subcommittee. He has had a lot of experience. He
knows what he is doing, and he has a mind that is like a tar bucket.
Everything that hits it sticks to it. He will continue to be a power.
He has served and he continues to serve the people of Alaska with honor
and dignity as their Senator.
Both of these men, the former chairman and the current chairman, are
true gentlemen to the depths of their hearts in their relations with
their colleagues. We know they are fair, and we are grateful for that.
Senator Cochran has worked hard to produce this fiscal year 2005
emergency supplemental appropriations bill. As he explained, it totals
$80,581,832,000. That is $1,460,796,000 below the President's budget
request and $785,046,000 below the House-passed bill. The supplemental
bill that is before the Senate includes over $74.4 billion for the
Department of Defense.
I must say that our men and women in uniform are indeed among the
finest of our country's citizens. I heard the chairman read the letter
from a man who was instrumental in helping the people who had been
disadvantaged by the recent tsunami. This man was on a helicopter. He
helped move that fixed-wing aircraft into the various parts of one of
the islands or more than one perhaps.
I was there 50 years ago. I had to sleep in the mosquito cages, and I
looked at a huge tarantula crawling around and listened to lizards over
in the windows rustling about in the room in which I was to sleep.
Well, this is terribly hot. Gee whiz, when I went there you had to lie
down. You did not have enough energy to walk around. You slept in
mosquito cages.
Well, think of what this man who wrote the letter was going through
on the helicopter. He was on a mission of mercy--mercy--thank God. I
salute him for that letter. What a graphic story of what was going on,
and the service our men and women were performing. I salute them for
their valor. I thank them for their service.
But we owe our troops more than mere gratitude for a job well done.
We owe our troops the confidence of a clearly defined military mission,
one that has measurable goals and benchmarks and, more importantly, one
that has an identifiable endpoint. In short, we owe our troops--our men
and women, our magnificent troops--in Iraq not only the resources with
which to fight the war but also a strategy to end that war. I was never
in favor of it in the beginning, but that is a matter of record and
history.
Unfortunately, the President's supplemental budget request fails to
deliver what our troops need most. The President is asking the Congress
to continue to shovel out money into United States military operations
in Iraq with no further clarity as to what goals the military is
expected to achieve, no hint--not even a hint--of a possible timetable,
and no end to the occupation in sight.
The recent elections in Iraq gave the United States a unique window
of opportunity to change course in order to lower the profile of the
American military presence and to open the door to greater
international cooperation. But the administration, despite all of its
conciliatory gestures to our European allies, has effectively
squandered that opportunity.
The very size of this supplemental request sends a clear message that
the United States is not winding down its military operations in Iraq.
Instead, the United States appears to be gearing up either to
accommodate a permanent military presence in Iraq or to establish a
launching pad for other military operations in the region. Oh, how
long--how long--is this going to continue in this fashion? Either way,
we are sending the wrong signals to the people of Iraq, to its
neighbors in the region, and to the larger international community.
Instead of taking this opportunity to temper anti-American sentiment
[[Page S3396]]
among disaffected Iraqis and their neighbors, the administration has
turned up the heat, and now the Iraqis are saying: Get out. Leave us
alone. Come back some other day, but let us alone. Let us alone. Those
protests are mounting. The administration has turned up the heat with
the construction of new military facilities in Iraq and the
construction of the most costly Embassy in the world in Iraq, a country
of only 25 million inhabitants.
You taxpayers out there who are watching this debate through those
magnificent lenses, it is your money, your sons, your daughters.
I am troubled by many aspects of this request. I want to support our
troops. I fully intend to support our troops. I would not think of
doing otherwise. They are there. They have been there too long. Few of
them asked to go there, but they are there. They are the empty chairs
at the table on Thanksgiving, on Christmas, on holy days--empty chairs.
I am not willing to give the executive branch carte blanche to run
roughshod over the Congress and to pursue policies never debated fully
on this floor.
The request sent to the Congress by this administration contained
``ambiguous flexibilities'' to spend money on unspecified activities
with little or no involvement of the Members of Congress. I am grateful
that Chairman Cochran has responded to my entreaties to limit these
extraordinary authorities. I suggest the committee bill still goes too
far.
The President also requested, and the bill still includes, ambitious
policy initiatives, including the construction of a permanent maximum
security prison at Guantanamo, Cuba, and a host of seemingly enduring
military facilities in Iraq. Why? The courts have yet to determine what
the legal status is of detainees from the war on terrorism or whether
the United States can continue to hold them indefinitely without
charging them with any specific crime. Yet this bill includes $36
million to build a permanent prison facility at Guantanamo Bay. I went
there years ago. These are policy decisions, not simply pocketbook
issues. Decisions to build permanent facilities should not be made via
an emergency supplemental appropriations bill.
In fact, the White House has turned on its head the definition of an
emergency supplemental appropriation. In his budget, the President
calls on Congress to deploy a stricter standard for what constitutes
emergency spending, spending that is thus excluded from constraints on
spending. He urges the Congress to only approve emergency spending for
activities that are ``necessary expenditures, sudden, urgent,
unforeseen, and not permanent.'' Yet the President has asked the
Congress to approve funding for the most expensive U.S. Embassy in the
world. And he hasn't done it in a regular bill; he has done it in an
emergency war supplemental. This Embassy would be larger than the U.S.
Embassy in Russia, larger than the U.S. Embassy in China, larger than
the U.S. Embassy in Saudi Arabia, and 10 times the size of most U.S.
Embassies. Funds to staff that Embassy, which will not be needed until
fiscal year 2006, are also requested in this emergency bill. As noted
earlier, to build a permanent prison at Guantanamo Bay is also
requested.
A supplemental bill is being used to tunnel deeper and deeper and
deeper into Iraq with no definitive exit strategy in sight and no light
on the horizon. This request encompasses serious and far-reaching
policy questions, and we are having it shoved down our throats.
Moreover, on July 17, 2003, the Senate voted 81 to 15 for my
amendment expressing the sense of the Senate that the President should
request funds for the wars in Iraq and Afghanistan--they are two
different wars--in the regular budget, rather than through emergency
supplemental appropriations bills.
On June 24, 2004, I offered the same sense-of-the-Senate amendment
which was approved by an even wider margin in the Senate by a vote of
89 to 9. Both sides joined in. Republicans and Democrats joined in that
vote. It was 89 to 9. These are strong, emphatic, definitive votes.
This provision was included in both the fiscal year 2004 and fiscal
year 2005 Defense Appropriations Acts. I didn't put those words in
those acts alone. It was with the support of Republicans and Democrats
on both sides of the aisle. So much for the views of the Senate.
Instead, the White House chose to seek an $81.9 billion emergency
supplemental for fiscal year 2005 and requested nothing for the war for
fiscal year 2006. This is not truth in budgeting. This is not leveling
with the American people about their money. This is not truth in
budgeting. This is hocus-pocus. Now you see it; now you don't. It is
not there.
Tactics such as this hide the real cost of the wars. I say it to you
people out there who are watching through those lenses, watching the
most deliberative body, upper body in the world today--and I hope it
remains that way; I hope the nuclear option is pushed aside--tactics
like this, putting these requests into emergency supplementals, hiding
the real costs of the wars. The American people don't see those costs.
That is wrong. That is not being fair with the American people. That is
not being honest with the American people. That is not being
straightforward with the American people. That is not laying it on the
line with the people who are going to pay the cost.
By seeking $81.9 billion as an emergency supplemental, rather than in
his budget, the President avoids a debate about priorities and how the
war should be paid for. By seeking an $81.9 billion emergency
supplemental for the war, by asking for that much money in an emergency
supplemental for the war in Iraq, the President avoids any discussion
of the tradeoffs that are inherent in a decision to spend another $81.9
billion on defense and foreign aid.
If the President's emergency request for 2005 is approved, the
Congress will have approved over $210 billion just for the war in Iraq.
How much is $210 billion? That is $210 for every minute since Jesus
Christ was born 2,000 years ago. How much is it? That is $210 for every
minute that has passed since Jesus Christ was born 2,000 years ago.
While the budget deficit grows to record levels, the President tells
us we have to cut domestic programs by $192 billion over the next 5
years. The President tells us we have to charge veterans--those brave
men and women--for their medical care, and we have to cut grants for
firefighters and first responders, that we cannot adequately fund the
No Child Left Behind Act, and that we should cut funding for the
National Institutes of Health.
For fiscal year 2006, the President fails to request any funding for
the two wars in Iraq and Afghanistan. I will say that again. For fiscal
year 2006, the President fails to request any funding for the wars in
Iraq and Afghanistan. The President pretends that he cannot project
what the war will cost in 2006. Well, I assure the American people the
costs will not be zero. The President will not tell the American people
what the war in Iraq will cost. No, he will not tell the American
people what the war will cost in Iraq. It is your money, I say to the
people of this country. Republicans, Democrats, Independents, whatever
you will, it is your money.
Nor will the President give the American people a plan for getting
out of Iraq. How long are the American people going to suffer under the
weight of this colossal burden? The President continues to insist on
borrowing the money to fund the war in Iraq 1 year at a time through
emergency supplemental appropriations requests. So far, the Department
of Defense has received appropriations of $16 billion, $14 billion, $7
billion, $10 billion, $63 billion, $65 billion, and $25 billion for the
costs of the wars in Afghanistan and Iraq--all emergency spending, one
piece at a time, and all of it, adding to our horrendous debt. What a
shame. What a colossal shame.
In his budget for fiscal year 2006, the President's only plan to help
pay for his tax cuts and his war in Iraq is to slash that small portion
of the budget that pays for priorities at home. In order to hide the
consequences of his proposed cuts in domestic programs--cuts of $192
billion over 5 years--the President's budget excludes the details that
are traditionally included in the budget. However, based on data the
Office of Management and Budget has provided to the Congress on the
levels of funding in each of the next 5 years, the Center on Budget and
Policy Priorities has studied the impact of the proposed cuts.
[[Page S3397]]
Adjusted for inflation for 2010, when the President's proposed
reductions would reach their full dimensions, education funding for
kindergarten through the 12th grade would be cut by $4.6 billion or 12
percent. Grants to States and localities would be cut by nearly $22
billion in 2010. The number of low-income women, infants, and young
children receiving assistance through the WIC supplemental nutrition
program would be cut, cut, cut by $670,000. The number of children in
low-income working families who receive childcare assistance would be
cut, cut, cut by $300,000. The number of low-income families, elderly
people, and people with disabilities who receive rental assistance
through the provision of rental vouchers that help them to afford
modest apartments would be cut, cut, cut by $370,000. Environmental
protection would be reduced by 23 percent, including EPA programs that
support State and local efforts to ensure clean drinking water, reduce
air pollution, and upgrade sewage treatment facilities which would be
sliced 28 percent.
I call on the President--Mr. President, I say this to the President
in the White House--to send Congress a budget amendment this week that
includes his estimates for the real costs of the wars in Iraq and
Afghanistan. There are tradeoffs we are making to fund these efforts to
the tune of about $1 billion a week. There needs to be a debate about
that. The issue becomes crystal clear when these war costs are shown as
part of the regular budget process. As we consider the budget for
fiscal year 2006, Congress should understand the full cost of the wars.
I want to say that again. I shall say it again. As we consider the
budget for fiscal year 2006, Congress should understand and the
American people should understand the full costs of the wars, and
especially the war in Iraq, so that we, the Members of Congress, can
make reasoned spending choices so that we can inform our constituents
about how we plan to pay for those choices.
Again, I thank my chairman. I thank the staff, the magnificent staff
of the Appropriations Committee, the staff who worked hard to help our
chairman and to help me and to help the members of our Appropriations
Committee in our efforts to bring this full bill to the floor.
The majority staff is led by Keith Kennedy. There is a man, Keith
Kennedy. He knows what he is doing. He knows this bill up and down and
sideways. Keith Kennedy. I am gratified that the chair has chosen him,
and I am also thankful to the chair that he has chosen a man like Mr.
Kennedy.
I am also thankful for the minority staff, led by Terry Sauvain, that
man from Notre Dame, and a deputy named Chuck Kieffer. He has worked on
both the legislative and executive sides. He knows the appropriations
process inside, outside, from the executive branch viewpoint and from
the legislative side. I thank all of the members of the appropriations
staff on both sides of the aisle. I thank the Chair, and I thank all
Senators. Again, I thank my illustrious chairman.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Mississippi is
recognized.
Mr. COCHRAN. Mr. President, I ask unanimous consent that the
committee-reported substitute be agreed to and be considered as
original text for the purpose of further amendments and that no points
of order be waived by virtue of this agreement.
The ACTING PRESIDENT pro tempore. Is there objection?
Mr. BYRD. Mr. President, that request is supported on this side of
the aisle 100 percent.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. COCHRAN. Mr. President, I compliment and thank most sincerely my
friend from West Virginia, the distinguished senior Democratic member
of the Appropriations Committee, for his support during the committee
markup in terms of the procedures for the consideration of the House-
passed bill. We substituted a complete text in the committee markup for
the House bill and proceeded to consider amendments to that text. We
made some changes in that House bill, as is reflected by the total
amount we are recommending be appropriated in the bill by the Senate.
We bring the bill in below the level of funds requested by the
President for this bill, and it is below the level approved by the
House of Representatives. We hope Senators will consider their ideas
for changes or improvements in the bill. We are not attempting to rush
the Senate to completion of action on this bill, but we do want to move
ahead with dispatch so we can get the funds that are provided in this
bill to the agencies where they are needed, to the Department of
Defense and the Department of State for depleted accounts.
The challenges we face in Iraq and Afghanistan have been costly, as
we all recognize, but we need to move forward to a successful
conclusion of those operations so that troops can be returned home as
soon as possible, so that stability can be restored in that and other
regions of the world, and so that the economy of those countries can be
free flowing once again.
In that connection, I was heartened to receive a call from the
Secretary of Agriculture last week advising me that the interim
government in Iraq had decided to purchase 60,000 tons of rice from the
United States. This is an indication, it seems to me, that their
economy is beginning to move forward, that the Iraqi Government and the
people of Iraq are moving toward the day when they will be able to
stand on their own two feet, that they will be able to take care of
themselves from a security standpoint and in every other way be a
functioning entity in that region for stability and economic progress.
That is the goal; that is the purpose of the sacrifices we are making
today--to make this world safer for all people.
I compliment the President and the leadership of his Cabinet--
particularly Secretary Rumsfeld and Secretary Rice--as they carry out
the missions of the Departments of Defense and State at this very
difficult time. Now is not the time for the Senate to start eroding the
confidence we have in the challenges we face and the way we are
proceeding to meet those challenges. I believe we are making good
progress, and we ought to compliment the administration for the work
they have done in this very difficult period in our Nation's history.
I urge the Senate to approve this substitute.
The ACTING PRESIDENT pro tempore. The Senator from Alaska is
recognized.
Mr. STEVENS. Mr. President, I am pleased to come to the floor to
support the defense portion of the emergency supplemental
appropriations bill before us. I thank Senator Cochran and Senator Byrd
for their support of the funding requested by the Pentagon to continue
the efforts of our Nation in Iraq and Afghanistan and the global war on
terrorism.
The bill has been highlighted by the chairman and Senator Byrd. It
provides $73.3 billion in new discretionary spending authority for the
Department of Defense programs. Most of those funds are to continue the
operations in Iraq and Afghanistan, but we also have authorized use of
that to pay back those accounts from which funds were borrowed during
the first half of the current fiscal year on an emergency basis for
continued operations in those areas.
Mr. President, $17.5 billion of this money will go toward military
appropriations accounts. Those moneys are used to fund pay allowances
and subsistence and other personnel costs for active Guard and Reserve
troops activated for duty throughout the world.
This bill also includes funding for special pay, such as imminent
danger pay, family separation allowances, and hardship duty pay.
We also provide additional funds for the Servicemembers' Group Life
Insurance Program and for an enhanced death gratuity. Specifically,
this bill increases service members' insurance coverage from $250,000
to $400,000 and raises the death gratuity from $12,000 to $100,000.
This has been requested, and Congress has authorized to fund these
enhanced benefits to cover those military personnel who have been or
may be killed in combat operations.
We recommend an increase in the death gratuity benefit to cover those
service members killed in training or in other combat-related
activities. Almost half of the defense portion of this bill goes toward
the operation and maintenance accounts of the Department of Defense--
$37.4 billion. Now,
[[Page S3398]]
this reflects the cost of ground operations, flying hours, logistics
support, fuel, travel, transportation, and support of the global war on
terrorism.
Additionally, it will finance the repair and refurbishment of
equipment used in Iraq and Afghanistan to ensure that our forces remain
ready to meet global operational commitments.
The bill provides $15.9 billion for procurement activity across the
military. It funds force protection equipment, replacement and repair
of equipment lost in operations, and the equipping of units to support
upcoming rotations. Senior Department of Defense officials informed our
committee that they need to receive this supplemental funding by early
May in order not to impact readiness levels.
We all know it will take some time to take this bill through
conference, so I urge the Senate to complete action on the supplemental
bill as soon as possible so that we can proceed to confer with our
friends in the House and give this bill to the President for signature
so it can be reviewed by the processes downtown, which takes at least
10 days, and get this money to the Department in time to meet these
contingencies so they don't have to borrow additional moneys from other
accounts. It complicates the operation when that continues.
I hope Senators will come forward with their amendments, if they have
any, on this portion of the supplemental bill.
Again, I commend our distinguished chairman and senior ranking
member, Senator Cochran and Senator Byrd, for their cooperation with us
in bringing this portion of this bill before the Senate. We are a
little bit lower than the House, and the bill is lower than the
President's request. I think as matters continue we are going to have
to review the numbers and make sure we meet the pressing, urgent needs
of those who wear the uniform of the United States.
Again, I urge Senators to come forward and make suggestions for
amendments, if they have them. I look forward to continued support of
this bill.
The ACTING PRESIDENT pro tempore. The Senator from Hawaii is
recognized.
Mr. INOUYE. Mr. President, the bill before us, as noted by the
Senator from Alaska, includes $74.4 billion. Of that amount, $73.3
billion is under the jurisdiction of the Subcommittee on Defense.
The vast majority of this funding, approximately $42.5 billion, is
recommended to cover the costs of operations in Iraq and Afghanistan.
With 150,000 military personnel in Iraq and another 18,000 in
Afghanistan, the funding included in this bill is essential to support
our forces.
The bill also includes $12 billion to repair and replace equipment
damaged in the operations abroad. This funding will allow the military
departments to reequip our forces who are returning from
combat. Without these funds, our military would not be equipped to meet
future crises.
The bill provides $5.3 billion for new equipment for our Army and
Marine forces as they restructure their forces to create additional
combat capability. While some may question whether these funds qualify
as emergencies, it should be clear that our military forces will need
these funds as they begin restructuring transformation.
Finally, the remaining funds are provided to support those nations
which are taking part in the operations abroad, including training and
equipping the Afghanis and Iraqis, and to support related efforts for
recruiting, morale welfare, recreation, and other military personnel
needs.
I support this bill, and I urge all of my colleagues to join me in
supporting this measure. I thank the Chair.
Mr. President, I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. SCHUMER. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
____________________