[House Report 109-72]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-72
======================================================================
MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2005, AND FOR OTHER PURPOSES
_______
May 3, 2005.--Ordered to be printed
_______
Mr. Lewis of California, from the committee of conference, submitted
the following
CONFERENCE REPORT
[To accompany H.R. 1268]
The committee of conference on the disagreeing votes of
the two Houses on the amendments of the Senate to the bill
(H.R. 1268), ``making emergency supplemental appropriations for
the fiscal year ending September 30, 2005, to establish and
rapidly implement regulations for State driver's license and
identification document security standards, to prevent
terrorists from abusing the asylum laws of the United States,
to unify terrorism-related grounds for inadmissibility and
removal, to ensure expeditious construction of the San Diego
border fence, and for other purposes'', having met, after full
and free conference, have agreed to recommend and do recommend
to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with amendment as
follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief Act, 2005''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR DEFENSE, THE
GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF, 2005
Title I--Defense Related Appropriations
Title II--International Programs and Assistance for Reconstruction and
the War on Terror
Title III--Domestic Appropriations for the War on Terror
Title IV--Indian Ocean Tsunami Relief
Title V--Other Emergency Appropriations
Title VI--General Provisions and Technical Corrections
DIVISION B--REAL ID ACT OF 2005
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
DIVISION A--EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE
GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF, 2005
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2005, and for other purposes, namely:
TITLE I--DEFENSE-RELATED APPROPRIATIONS
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$13,609,208,000, of which not to exceed $508,374,000 shall
remain available until September 30, 2006: Provided, That the
amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$535,108,000, of which not to exceed $19,928,000 shall remain
available until September 30, 2006: Provided, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $1,358,053,000, of which not to exceed $220,227,000
shall remain available until September 30, 2006: Provided, That
the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $1,599,943,000, of which not to exceed $16,471,000
shall remain available until September 30, 2006: Provided, That
the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$39,627,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$9,411,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $4,015,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $130,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $291,100,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $91,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $16,980,304,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $3,030,574,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $982,464,000: Provided, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $5,627,053,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $3,042,265,000, of which--
(1) not to exceed $25,000,000 may be used for the
Combatant Commander Initiative Fund, to be used in
support of Operation Iraqi Freedom and Operation
Enduring Freedom; and
(2) up to $1,220,000,000, to remain available until
expended, may be used for payments to reimburse
Pakistan, Jordan, and other key cooperating nations,
for logistical, military, and other support provided,
or to be provided, to United States military
operations, notwithstanding any other provision of law:
Provided, That such payments may be made in such
amounts as the Secretary of Defense, with the
concurrence of the Secretary of State, and in
consultation with the Director of the Office of
Management and Budget, may determine, in his
discretion, based on documentation determined by the
Secretary of Defense to adequately account for the
support provided, and such determination is final and
conclusive upon the accounting officers of the United
States, and 15 days following notification to the
appropriate congressional committees: Provided further,
That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the
use of funds provided in this paragraph: Provided
further, That the amount provided under this heading is
designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S.
Con. Res. 95 (108th Congress).
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $26,354,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $75,164,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $24,920,000: Provided, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $326,850,000: Provided, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
Afghanistan Security Forces Fund
(INCLUDING TRANSFER OF FUNDS)
For the ``Afghanistan Security Forces Fund'',
$1,285,000,000, to remain available until September 30, 2006:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for the
purpose of allowing the Commander, Combined Forces Command--
Afghanistan, or the Secretary's designee to provide assistance,
with the concurrence of the Secretary of State, to the security
forces of Afghanistan including the provision of equipment,
supplies, services, training, facility and infrastructure
repair, renovation, and construction, and funding: Provided
further, That the authority to provide assistance under this
section is in addition to any other authority to provide
assistance to foreign nations: Provided further, That the
Secretary of Defense may transfer the funds provided herein to
appropriations for military personnel; operation and
maintenance; Overseas Humanitarian, Disaster, and Civic Aid;
procurement; research, development, test and evaluation; and
defense working capital funds to accomplish the purposes
provided herein: Provided further, That this transfer authority
is in addition to any other transfer authority available to the
Department of Defense: Provided further, That upon a
determination that all or part of the funds so transferred from
this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That of the amounts provided
under this heading, $290,000,000 shall be transferred to
``Operation and Maintenance, Army'' to reimburse the Department
of the Army for costs incurred to train, equip and provide
related assistance to Afghan security forces: Provided further,
That contributions of funds for the purposes provided herein
from any person, foreign government, or international
organization may be credited to this Fund, and used for such
purposes: Provided further, That the Secretary shall notify the
congressional defense committees in writing upon the receipt
and upon the transfer of any contribution delineating the
sources and amounts of the funds received and the specific use
of such contributions: Provided further, That the Secretary of
Defense shall, not fewer than 5 days prior to making transfers
from this appropriation, notify the congressional defense
committees in writing of the details of any such transfer:
Provided further, That the Secretary shall submit a report no
later than 30 days after the end of each fiscal quarter to the
congressional defense committees summarizing the details of the
transfer of funds from this appropriation: Provided further,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
Iraq Security Forces Fund
(INCLUDING TRANSFER OF FUNDS)
For the ``Iraq Security Forces Fund'', $5,700,000,000, to
remain available until September 30, 2006: Provided, That such
funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose of
allowing the Commander, Multi-National Security Transition
Command--Iraq, or the Secretary's designee to provide
assistance, with the concurrence of the Secretary of State, to
the security forces of Iraq including the provision of
equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and
funding: Provided further, That the authority to provide
assistance under this section is in addition to any other
authority to provide assistance to foreign nations: Provided
further, That the Secretary of Defense may transfer the funds
provided herein to appropriations for military personnel;
operation and maintenance; Overseas Humanitarian, Disaster, and
Civic Aid; procurement; research, development, test and
evaluation; and defense working capital funds to accomplish the
purposes provided herein: Provided further, That this transfer
authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
upon a determination that all or part of the funds so
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That of the amounts
provided under this heading, $210,000,000 shall be transferred
to ``Operation and Maintenance, Army'' to reimburse the
Department of the Army for costs incurred to train, equip, and
provide related assistance to Iraqi security forces: Provided
further, That contributions of funds for the purposes provided
herein from any person, foreign government, or international
organization may be credited to this Fund, and used for such
purposes: Provided further, That the Secretary shall notify the
congressional defense committees in writing upon the receipt
and upon the transfer of any contribution delineating the
sources and amounts of the funds received and the specific use
of such contributions: Provided further, That, notwithstanding
any other provision of law, from funds made available under
this heading, $99,000,000 shall be used to provide assistance
to the Government of Jordan to establish a regional training
center designed to provide comprehensive training programs for
regional military and security forces and military and civilian
officials, to enhance the capability of such forces and
officials to respond to existing and emerging security threats
in the region: Provided further, That assistance authorized by
the preceding proviso may include the provision of facilities,
equipment, supplies, services and training, and the Secretary
of Defense may transfer funds to any Federal agency for the
purpose of providing such assistance: Provided further, That
the Secretary of Defense shall, not fewer than 5 days prior to
making transfers from this appropriation, notify the
congressional defense committees in writing of the details of
any such transfer: Provided further, That the Secretary shall
submit a report no later than 30 days after the end of each
fiscal quarter to the congressional defense committees
summarizing the details of the transfer of funds from this
appropriation: Provided further, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $458,677,000, to remain available until September 30,
2007: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$310,250,000, to remain available until September 30, 2007:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $2,551,187,000, to remain
available until September 30, 2007: Provided, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $532,800,000, to remain available until September 30,
2007: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$6,250,505,000, to remain available until September 30, 2007:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $200,295,000, to remain available until September 30,
2007: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$66,000,000, to remain available until September 30, 2007:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $139,635,000, to remain available
until September 30, 2007: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$78,397,000, to remain available until September 30, 2007:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$3,283,042,000, to remain available until September 30, 2007:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $277,309,000, to remain available until September 30,
2007: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $6,998,000, to remain available until September
30, 2007: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $2,577,560,000, to remain available until September
30, 2007: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$645,939,000, to remain available until September 30, 2007:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th
Congress).
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $37,170,000, to remain available until
September 30, 2006: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $204,051,000, to remain available until
September 30, 2006: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $142,500,000, to remain available
until September 30, 2006: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $203,561,000, to remain
available until September 30, 2006: Provided, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $1,511,300,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
National Defense Sealift Fund
For an additional amount for ``National Defense Sealift
Fund'', $32,400,000, to remain available until expended:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th
Congress).
RELATED AGENCIES
Intelligence Community Management Account
For an additional amount for ``Intelligence Community
Management Account'', $250,300,000, of which $181,000,000 is to
remain available until September 30, 2006: Provided, That the
amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Drug Interdiction and Counter-Drug Activities, Defense
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $242,000,000: Provided,
That these funds may be used for such activities related to
Afghanistan and the Central Asia area: Provided further, That
the Secretary of Defense may transfer the funds provided herein
only to appropriations for military personnel; operation and
maintenance; and procurement: Provided further, That the funds
transferred shall be merged with and be available for the same
purposes and for the same time period as the appropriation to
which transferred: Provided further, That the transfer
authority provided in this paragraph is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation: Provided
further, That not to exceed $70,000,000 of the funds provided
herein may be used to reimburse fully this account for
obligations incurred for the purposes provided under this
heading prior to enactment of this Act: Provided further, That
the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
Office of the Inspector General
For an additional amount for ``Office of the Inspector
General'', $148,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
Defense Health Program
For an additional amount for ``Defense Health Program'',
$210,550,000 for Operation and maintenance: Provided, That the
amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
MILITARY CONSTRUCTION
Military Construction, Army
For an additional amount for ``Military Construction,
Army'', $847,191,000, to remain available until September 30,
2006: Provided, That notwithstanding any other provision of
law, such funds may be obligated or expended to carry out
planning and design and military construction projects not
otherwise authorized by law: Provided further, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $139,880,000, to remain available until
September 30, 2006: Provided, That notwithstanding any other
provision of law, such funds may be obligated or expended to
carry out planning and design and military construction
projects not otherwise authorized by law: Provided further,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', $140,983,000, to remain available until September 30,
2006: Provided, That notwithstanding any other provision of
law, such funds may be obligated or expended to carry out
planning and design and military construction projects not
otherwise authorized by law: Provided further, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
GENERAL PROVISIONS, THIS TITLE
SPECIAL TRANSFER AUTHORITY
(TRANSFER OF FUNDS)
Sec. 1001. Upon his determination that such action is
necessary in the national interest, the Secretary of Defense
may transfer between appropriations up to $3,000,000,000 of the
funds made available to the Department of Defense in this
title, except for military construction: Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to this authority: Provided further, That the
transfer authority provided in this section is in addition to
any other transfer authority available to the Department of
Defense: Provided further, That the authority in this section
is subject to the same terms and conditions as the authority
provided in section 8005 of the Department of Defense
Appropriations Act, 2005, except for the fourth proviso:
Provided further, That the amount made available by the
transfer of funds in or pursuant to this section is designated
as an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
GENERAL TRANSFER AUTHORITY
(TRANSFER OF FUNDS)
Sec. 1002. Section 8005 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 969),
is amended by striking ``$3,500,000,000'' and inserting in lieu
thereof ``$6,185,000,000'': Provided, That the amount made
available by the transfer of funds in or pursuant to this
section is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
COUNTER-DRUG ACTIVITIES
Sec. 1003. (a) Authority To Provide Support.--Of the amount
appropriated by this Act under the heading, ``Drug Interdiction
and Counter-Drug Activities, Defense'', not to exceed
$34,000,000 may be made available for support for counter-drug
activities of the Government of Afghanistan, and not to exceed
$4,000,000 may be made available for support for counter-drug
activities of the Government of Pakistan: Provided, That such
support shall be in addition to support provided for the
counter-drug activities of said Governments under any other
provision of the law.
(b) Types of Support.--(1) Except as specified in
subsections (b)(2) and (b)(3) of this section, the support that
may be provided under the authority in this section shall be
limited to the types of support specified in section 1033(c)(1)
of the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85, as amended by Public Law 106-398 and Public
Law 108-136) and conditions on the provision of support as
contained in section 1033 shall apply for fiscal year 2005.
(2) The Secretary of Defense may transfer vehicles,
aircraft, and detection, interception, monitoring and testing
equipment to said Governments for counter-drug activities.
(3) For the Government of Afghanistan, the Secretary of
Defense may also provide individual and crew-served weapons,
and ammunition for counter-drug security forces.
EXTRAORDINARY AND EMERGENCY EXPENSES
Sec. 1004. The paragraph under the heading ``Operation and
Maintenance, Defense-Wide'' in title II of the Department of
Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat.
954), is amended in the first proviso by striking
``$32,000,000'' and inserting ``$40,000,000''.
ADVANCE BILLING
Sec. 1005. For fiscal year 2005, the limitation under
paragraph (3) of section 2208(l) of title 10, United States
Code, on the total amount of advance billings rendered or
imposed for all working capital funds of the Department of
Defense in a fiscal year shall be applied by substituting
``$1,500,000,000'' for ``$1,000,000,000''.
COMMANDER'S EMERGENCY RESPONSE PROGRAM
Sec. 1006. Section 1201(a) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 118 Stat. 2077), as amended by section 102 of title I of
division J of the Consolidated Appropriations Act, 2005 (Public
Law 108-447), is further amended by striking ``$500,000,000''
in the matter preceding paragraph (1) and inserting
``$854,000,000'': Provided, That from funds available for the
Commander's Emergency Response Program for fiscal year 2005,
not to exceed $10,000,000 may be used to purchase weapons from
any person, foreign government, international organization or
other entity for the purpose of protecting United States forces
overseas, and to dispose of the weapons purchased: Provided
further, That the Secretary of Defense shall submit to the
congressional defense committees quarterly reports regarding
the purchase and disposal of weapons under this subsection.
CLASSIFIED PROGRAM
Sec. 1007. Section 8090(b) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287), is amended by
striking ``$185,000,000'' and inserting ``$210,000,000''.
LIMITATION ON CIVILIAN COMPENSATION
Sec. 1008. (a) During calendar year 2005 and
notwithstanding section 5547 of title 5, United States Code,
the head of an Executive agency may waive the limitation, up to
$200,000, established in that section for total compensation,
including limitations on the aggregate of basic pay and premium
pay payable in a calendar year, to an employee who performs
work while in an overseas location that is in the area of
responsibility of the Commander of the U.S. Central Command, in
support of, or related to--
(1) a military operation, including a contingency
operation; or
(2) an operation in response to a declared
emergency.
(b) To the extent that a waiver under subsection (a)
results in payment of additional premium pay of a type that is
normally creditable as basic pay for retirement or any other
purpose, such additional pay shall not be considered to be
basic pay for any purpose, nor shall it be used in computing a
lump-sum payment for accumulated and accrued annual leave under
section 5551 of title 5, United States Code.
(c) The Director of the Office of Personnel Management may
issue regulations to ensure appropriate consistency among heads
of executive agencies in the exercise of authority granted by
this section.
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
Sec. 1009. Section 1096(b) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458), is
amended--
(1) by striking ``in the fiscal year after the
effective date of this Act'' and inserting in lieu
thereof ``in the fiscal years 2005 and 2006''; and
(2) in paragraph (1) by striking ``500 new
personnel billets'' and inserting in lieu thereof ``the
total of 500 new personnel positions''.
COALITION LIAISON OFFICERS
Sec. 1010. Section 1051a(e) of title 10, United States
Code, is amended by striking ``September 30, 2005'' and
inserting ``December 31, 2005''.
RESERVE AFFILIATION BONUS
Sec. 1011. Notwithstanding subsection (c) of section 308e
of title 37, United States Code, the maximum amount of the
bonus paid to a member of the Armed Forces pursuant to a
reserve affiliation agreement entered into under such section
during fiscal year 2005 shall not exceed $10,000, and the
Secretary of Defense and the Secretary of Homeland Security,
with respect to the Coast Guard, may prescribe regulations
under subsection (f) of such section to modify the method by
which bonus payments are made under reserve affiliation
agreements entered into during such fiscal year.
SERVICEMEMBERS' GROUP LIFE INSURANCE
Sec. 1012. (a) Increased Maximum Amount of Servicembers'
Group Life Insurance.--Section 1967 of title 38, United States
Code, is amended--
(1) in subsection (a)(3)(A), by striking clause (i)
and inserting the following new clause:
``(i) In the case of a member--
``(I) $400,000 or such lesser amount as the
member may elect as provided in subparagraph
(B);
``(II) in the case of a member covered by
subsection (e), the amount provided for or
elected by the member under subclause (I) plus
the additional amount of insurance provided for
the member by subsection (e); or
``(III) in the case of a member covered by
subsection (e) who has made an election under
paragraph (2)(A) not to be insured under this
subchapter, the amount of insurance provided
for the member by subsection (e).''; and
(2) in subsection (d), by striking ``$250,000'' and
inserting ``$400,000''.
(b) Increments of Decreased Amounts Electable by Members.--
Subsection (a)(3)(B) of such section is amended by striking
``member or spouse'' in the last sentence and inserting
``member, be evenly divisible by $50,000 and, in the case of a
member's spouse''.
(c) Additional Amount for Members Serving in Certain Areas
or Operations.--
(1) Increased amount.--Section 1967 of such title
is further amended--
(A) by redesignating subsection (e) as
subsection (f); and
(B) by inserting after subsection (d) the
following new subsection (e):
``(e)(1) A member covered by this subsection is any member
as follows:
``(A) Any member who dies as a result of one or
more wounds, injuries, or illnesses incurred while
serving in an operation or area that the Secretary
designates, in writing, as a combat operation or a zone
of combat, respectively, for purposes of this
subsection.
``(B) Any member who formerly served in an
operation or area so designated and whose death is
determined (under regulations prescribed by the
Secretary of Defense) to be the direct result of injury
or illness incurred or aggravated while so serving.
``(2) The additional amount of insurance under this
subchapter that is provided for a member by this subsection is
$150,000, except that in a case in which the amount provided
for or elected by the member under subsection (a)(3)(A)(i)(I)
exceeds $250,000, the additional amount of insurance under this
subchapter that is provided for the member by this subsection
shall be reduced to such amount as is necessary to comply with
the limitation in paragraph (3).
``(3) The total amount of insurance payable for a member
under this subchapter may not exceed $400,000.
``(4) While a member is serving in an operation or area
designated as described in paragraph (1), the cost of insurance
of the member under this subchapter that is attributable to
$150,000 of insurance coverage shall, at the election of the
Secretary concerned--
``(A) be contributed as provided in section
1969(b)(2) of this title, rather through deduction or
withholding from the member's pay; or
``(B) if deducted or withheld from the member's
pay, be reimbursed to the member through such mechanism
as the Secretary concerned determines appropriate.''.
(2) Funding.--Section 1969(b) of such title is
amended--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following new
paragraph:
``(2) For each month for which a member insured under this
subchapter is serving in an operation or area designated as
described by paragraph (1)(A) of section 1967(e) of this title,
there may, at the election of the Secretary concerned under
paragraph (4)(A) of such section, be contributed from the
appropriation made for active duty pay of the uniformed service
concerned an amount determined by the Secretary and certified
to the Secretary concerned to be the cost of Servicemembers'
Group Life Insurance which is traceable to the cost of
providing insurance for the member under section 1967 of this
title in the amount of $150,000.''.
(d) Conforming Amendment.--Section 1967(a)(2)(A) of such
title is amended by inserting before the period at the end the
following: ``, except with respect to insurance provided under
paragraph (3)(A)(i)(III)''.
(e) Coordination With VGLI.--Section 1977(a) of such title
is amended--
(1) by striking ``$250,000'' each place it appears
and inserting ``$400,000''; and
(2) by adding at the end of paragraph (1) the
following new sentence: ``Any additional amount of
insurance provided a member under section 1967(e) of
this title may not be treated as an amount for which
Veterans' Group Life Insurance shall be issued under
this section.''.
(f) Requirements Regarding Elections of Members to Reduce
or Decline Insurance.--Section 1967(a) of such title is further
amended--
(1) in paragraph (2), by adding at the end the
following new subparagraph:
``(C) Pursuant to regulations prescribed by the Secretary
of Defense, notice of an election of a member with a spouse not
to be insured under this subchapter, or to be insured under
this subchapter in an amount less than the maximum amount
provided under paragraph (3)(A)(i)(I), shall be provided to the
spouse of the member.''; and
(2) in paragraph (3)--
(A) in the matter preceding clause (i), by
striking ``and (C)'' and inserting ``, (C), and
(D)''; and
(B) by adding at the end the following new
subparagraphs:
``(D) A member with a spouse may not elect not to be
insured under this subchapter, or to be insured under this
subchapter in an amount less than the maximum amount provided
under subparagraph (A)(i)(I), without the written consent of
the spouse.
``(E) Whenever a member who is not married elects not to be
insured under this subchapter, or to be insured under this
subchapter in an amount less than the maximum amount provided
for under subparagraph (A)(i)(I), the Secretary concerned shall
provide a notice of such election to any person designated by
the member as a beneficiary or designated as the member's next-
of-kin for the purpose of emergency notification, as determined
under regulations prescribed by the Secretary of Defense.''.
(g) Requirement Regarding Redesignation of Beneficiaries.--
Section 1970 of such title is amended by adding at the end the
following new subsection:
``(j) A member with a spouse may not modify the beneficiary
or beneficiaries designated by the member under subsection (a)
without providing written notice of such modification to the
spouse.''.
(h) Effective Date.--This section and the amendments made
by this section shall take effect on the first day of the first
month that begins more than 90 days after the date of the
enactment of this Act.
(i) Termination.--The amendments made by this section shall
terminate on September 30, 2005. Effective on October 1, 2005,
the provisions of sections 1967, 1969, 1970, and 1977 of title
38, United States Code, as in effect on the day before the date
of the enactment of this Act shall be revived.
DEATH GRATUITY
Sec. 1013. (a) Increase in Death Gratuity.--
(1) Amount.--Section 1478 of title 10, United
States Code, is amended--
(A) in subsection (a), by inserting ``,
except as provided in subsections (c), (e), and
(f)'' after ``$12,000'';
(B) by redesignating subsection (c) as
subsection (d); and
(C) by inserting after subsection (b) the
following new subsection (c):
``(c) The death gratuity payable under sections 1475
through 1477 of this title is $100,000 in the case of a death
resulting from wounds, injuries, or illnesses that are--
``(1) incurred as described in section 1413a(e)(2)
of this title; or
``(2) incurred in an operation or area designated
as a combat operation or a combat zone, respectively,
by the Secretary of Defense under section 1967(e)(1)(A)
of title 38.''.
(2) Conforming amendment.--Subsection (a) of such
section, as amended by paragraph (1), is further
amended by striking ``(as adjusted under subsection
(c))'' and inserting ``(as adjusted under subsection
(d))''.
(b) Retroactive Payment of Death Gratuity for Deaths After
October 7, 2001, From Combat-Related Causes or Causes Incurred
in Combat Operations or Areas.--Such section is further amended
by adding at the end the following new subsection:
``(e)(1) In the case of a person described in paragraph
(2), a death gratuity shall be payable in accordance with this
subsection for the death of such person that is in addition to
the death gratuity payable in the case of such death under
subsection (a).
``(2) This subsection applies in the case of a member of
the armed forces who dies before the date of the enactment of
this subsection as a direct result of one or more wounds,
injuries, or illnesses that--
``(A) were incurred in the theater of operations of
Operation Enduring Freedom or Operation Iraqi Freedom;
or
``(B) were incurred as described in section
1413a(e)(2) of this title on or after October 7, 2001.
``(3) The amount of additional death gratuity payable under
this subsection shall be $238,000, of which--
``(A) $150,000 shall be paid in the manner
specified in paragraph (4); and
``(B) $88,000 shall be paid in the manner specified
in paragraph (5).
``(4) A payment pursuant to paragraph (3)(A) by reason of a
death covered by this subsection shall be paid--
``(A) to a beneficiary in proportion to the share
of benefits applicable to such beneficiary in the
payment of life insurance proceeds paid on the basis of
that death under the Servicemembers Group Life
Insurance program under subchapter III of chapter 19 of
title 38; or
``(B) in the case of a person who elected not to be
insured under the provisions of that subchapter, in
equal shares to the person or persons who would have
received proceeds under those provisions of law for a
member who is insured under that subchapter but does
not designate named beneficiaries.
``(5) A payment pursuant to paragraph (3)(B) by reason of a
death covered by this subsection shall be paid equal shares to
the beneficiaries who were paid the death gratuity that was
paid with respect to that death under this section.''.
(c) Payment of Death Gratuity for Certain Other Deaths From
Combat-Related Causes orCauses Incurred in Combat Operations or
Areas.--Such section is further amended by adding at the end the
following new subsection:
``(f)(1) In the case of a person described in paragraph
(2), a death gratuity shall be payable in accordance with this
subsection for the death of such person that is in addition to
the death gratuity payable in the case of such death under
subsection (e).
``(2) This subsection applies in the case of a member of
the armed forces who dies during the period beginning on the
date of the enactment of this subsection and ending on the
first day of the first month that begins more than 90 days
after such date of one or more wounds, injuries, or illnesses
that--
``(A) are incurred in the theater of operations of
Operation Enduring Freedom or Operation Iraqi Freedom;
or
``(B) are incurred as described in section
1413a(e)(2) of this title.
``(3) The amount of additional death gratuity payable under
this subsection shall be $150,000.
``(4) A payment pursuant to paragraph (3) by reason of a
death covered by this subsection shall be paid--
``(A) to a beneficiary in proportion to the share
of benefits applicable to such beneficiary in the
payment of life insurance proceeds payable on the basis
of that death under the Servicemembers Group Life
Insurance program under subchapter III of chapter 19 of
title 38; or
``(B) in the case of a person who elected not to be
insured under the provisions of that subchapter, in
equal shares to the person or persons who receive
proceeds under those provisions of law for a member who
is insured under that subchapter but does not designate
named beneficiaries.''.
(d) Effective Date.--This section and the amendments made
by this section shall take effect on the date of the enactment
of this Act.
(e) Termination.--
(1) In general.--This section and the amendment
made by this subsection shall terminate on September
30, 2005. Effective as of October 1, 2005, the
provisions of section 1478 of title 10, United States
Code, as in effect on the date before the date of the
enactment of this Act shall be revived.
(2) Continuing obligation to pay.--Any amount of
additional death gratuity payable under section 1478 of
title 10, United States Code, by reason of the
amendments made by subsections (b) and (c) of this
section that remains payable as of September 30, 2005,
shall, notwithstanding paragraph (1), remain payable
after that date until paid.
INTELLIGENCE ACTIVITIES AUTHORIZATION
Sec. 1014. Funds appropriated in this title, or made
available by the transfer of funds in or pursuant to this
title, for intelligence activities are deemed to be
specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414).
PROHIBITION OF NEW START PROGRAMS
Sec. 1015. (a) None of the funds provided in this title may
be used to finance programs or activities denied by Congress in
fiscal year 2004 and 2005 appropriations to the Department of
Defense or to initiate a procurement or research, development,
test and evaluation new start program without prior written
notification to the congressional defense committees.
(b) Notwithstanding subsection (a) of this section, the
Department of the Army may use funds made available in this Act
under the heading, ``Procurement of Ammunition, Army'' to
procure ammunition and accessories therefor that have a
standard-type classification, under Army regulations pertaining
to the acceptability of materiel for use, and that are the same
as other ammunition and accessories therefor that have been
procured with funds made available under such heading in past
appropriations Acts for the Department of Defense, only for 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. 1016. (a)(1) Notwithstanding section 917 of Public Law
97-86, as amended, of the funds appropriated or otherwise made
available by the Department of Defense Appropriations Act, 2005
(Public Law 108-287), the Military Construction Appropriations
and Emergency Hurricane Supplemental Appropriations Act, 2005
(Public Law 108-324), and other Acts for the purpose of the
destruction of the United States stockpile of lethal chemical
agents and munitions at Blue Grass Army Depot, Kentucky, and
Pueblo Chemical Depot, Colorado, the unobligated balance as of
the date of enactment of this Act, shall remain available for
obligation solely for such purpose and shall be made available
not later than 30 days after the date of the enactment of this
Act to the Program Manager for Assembled Chemical Weapons
Alternatives for activities related to such purpose at Blue
Grass Army Depot, Kentucky, and Pueblo Chemical Depot,
Colorado.
(2) Of the funds made available under paragraph (a)(1), not
less than $100,000,000 shall be obligated not later than 120
days after the date of the enactment of this Act.
(b)(1) Notwithstanding section 917 of Public Law 97-86, as
amended, none of the funds appropriated or otherwise made
available by the Department of Defense Appropriations Act,
2005, the Military Construction Appropriations and Emergency
Hurricane Supplemental Appropriations Act, 2005, and other Acts
for the purpose of the destruction of the United States
stockpile of lethal chemical agents and munitions at Blue Grass
Army Depot, Kentucky, and Pueblo Chemical Depot, Colorado, may
be deobligated, transferred, or reprogrammed out of the
Assembled Chemical Weapons Alternatives Program.
(2) The amount appropriated or otherwise made available by
the Department of Defense Appropriations Act, 2005, the
Military Construction Appropriations and Emergency Hurricane
Supplemental Appropriations Act, 2005, and other Acts for the
purpose of the destruction of the United States stockpile of
lethal chemical agents and munitions at Blue Grass Army Depot,
Kentucky, and Pueblo Chemical Depot, Colorado, is $813,440,000.
(c) No funds appropriated or otherwise made available to
the Secretary of Defense under this Act or any other Act may be
obligated or expended to finance directly or indirectly any
study related to the transportation of chemical weapons across
State lines.
PHILADELPHIA REGIONAL PORT AUTHORITY
Sec. 1017. Section 115 of division H of Public Law 108-199
is amended by striking all after ``made available'' and
substituting ``, notwithstanding section 2218(c)(1) of title
10, United States Code, for a grant to Philadelphia Regional
Port Authority, to be used solely for the purpose of
construction, by and for a Philadelphia-based company
established to operate high-speed, advanced-design vessels for
the transport of high-value, time-sensitive cargoes in the
foreign commerce of the United States, of a marine cargo
terminal and IT network for high-speed commercial vessels that
is capable of supporting military sealift requirements.'':
Provided, That of the funds provided in Public Law 108-287
under the heading ``Operation and Maintenance, Army'' for Woody
Island and Historic Structure, $1,000,000 shall be made
available in the form of a grant for these purposes.
LPD-17 COST ADJUSTMENT
(TRANSFER OF FUNDS)
Sec. 1018. Upon enactment of this Act, the Secretary of
Defense shall make the following transfer of funds: Provided,
That funds so transferred shall be merged with and shall be
available for the same purpose and for the same time period as
the appropriation to which transferred: Provided further, That
the amounts shall be transferred between the following
appropriations in the amounts specified:
From:
Under the heading, ``Shipbuilding and
Conversion, Navy, 2005/2009'':
LCU (X), $19,000,000;
To:
Under the heading, ``Shipbuilding and
Conversion, Navy, 1996/2008'':
LPD-17, $19,000,000:
Provided further, That the amount made available by the
transfer of funds in or pursuant to this section is designated
as an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
PROHIBITION ON COMPETITION OF THE NEXT GENERATION DESTROYER (DD(X))
Sec. 1019. (a) No funds appropriated or otherwise made
available by this Act, or by prior Acts, may be obligated or
expended to prepare for, conduct, or implement a strategy for
the acquisition of the next generation destroyer (DD(X))
program through a winner-take-all strategy.
(b) Winner-take-all Strategy Defined.--In this section, the
term ``winner-take-all strategy'', with respect to the
acquisition of destroyers under the next generation destroyer
program, means the acquisition (including design and
construction) of such destroyers through a single shipyard.
CIVILIAN PAY
Sec. 1020. None of the funds appropriated to the Department
of Defense by this Act or any other Act for fiscal year 2005 or
any other fiscal year may be expended for any pay raise granted
on or after January 1, 2005 that is implemented in a manner
that provides a greater increase for non-career employees than
for career employees on the basis of their status as career or
non-career employees, unless specifically authorized by law:
Provided, That this provision shall be implemented for fiscal
year 2005 without regard to the requirements of section 5383 of
title 5, United States Code: Provided further, That no employee
of the Department of Defense shall have his or her pay reduced
for the purpose of complying with the requirements of this
provision.
INDUSTRIAL MOBILIZATION CAPACITY
Sec. 1021. Of the amounts appropriated or otherwise made
available by the Department of Defense Appropriations Act,
2005, $12,500,000 shall be available only for industrial
mobilization capacity at Rock Island Arsenal.
BASIC ALLOWANCE FOR HOUSING FOR DEPENDENTS
Sec. 1022. (a) Section 403(l) of title 37, United States
Code, is amended by striking ``180 days'' each place it appears
and inserting ``365 days''.
(b) Termination.--The amendment made by this section shall
terminate on September 30, 2005. Effective on October 1, 2005,
the provisions of section 403(l) of title 37, United States
Code, as in effect on the date before the date of the enactment
of this Act shall be revived.
PROHIBITION ON CHARGES FOR MEALS
Sec. 1023. (a) Prohibition.--A member of the Armed Forces
entitled to a basic allowance for subsistence under section 402
of title 37, United States Code, who is undergoing medical
recuperation or therapy, or is otherwise in the status of
continuous care, including outpatient care, at a military
treatment facility for an injury, illness, or disease incurred
or aggravated while on active duty in the Armed Forces in
Operation Iraqi Freedom or Operation Enduring Freedom shall
not, during any month in which so entitled, be required to pay
any charge for meals provided such member by the military
treatment facility.
(b) Effective date.--The limitation in paragraph (a) shall
take effect upon enactment of this Act, and shall apply with
respect to meals provided members of the Armed Forces as
described in that paragraph on or after that date.
(c) Termination.--The amendment made by this section shall
terminate on September 30, 2005. Effective on October 1, 2005,
the provisions of section 402 of title 37, United States Code,
as in effect on the date before the date of the enactment of
this Act shall be revived.
REQUESTS FOR FUTURE FUNDING FOR MILITARY OPERATIONS IN AFGHANISTAN AND
IRAQ
Sec. 1024. (a) Findings.--The Senate makes the following
findings:
(1) The Department of Defense Appropriations Act,
2004 (Public Law 108-87) and the Department of Defense
Appropriations Act, 2005 (Public Law 108-287) each
contain a sense of the Senate provision urging the
President to provide in the annual budget requests of
the President for a fiscal year under section 1105(a)
of title 31, United States Code, an estimate of the
cost of ongoing military operations in Iraq and
Afghanistan in such fiscal year.
(2) The budget for fiscal year 2006 submitted to
Congress by the President on February 7, 2005, requests
no funds for fiscal year 2006 for ongoing military
operations in Iraq or Afghanistan.
(3) According to the Congressional Research
Service, there exists historical precedent for
including the cost of ongoing military operations in
the annual budget requests of the President following
initial funding for such operations by emergency or
supplemental appropriations Acts, including--
(A) funds for Operation Noble Eagle,
beginning in the budget request of President
George W. Bush for fiscal year 2005;
(B) funds for operations in Kosovo,
beginning in the budget request of President
George W. Bush for fiscal year 2001;
(C) funds for operations in Bosnia,
beginning in budget request of President
Clinton for fiscal year 1997;
(D) funds for operations in Southwest Asia,
beginning in the budget request of President
Clinton for fiscal year 1997;
(E) funds for operations in Vietnam,
beginning in the budget request of President
Johnson for fiscal year 1966; and
(F) funds for World War II, beginning in
the budget request of President Roosevelt for
fiscal year 1943.
(4) The Senate has included in its version of the
fiscal year 2006 budget resolution, which was adopted
by the Senate on March 17, 2005, a reserve fund of
$50,000,000,000 for overseas contingency operations,
but the determination of that amount could not take
into account any Administration estimate on the
projected cost of such operations in fiscal year 2006.
(5) In February 2005, the Congressional Budget
Office estimated that fiscal year 2006 costs for
ongoing military operations in Iraq and Afghanistan
could total $65,000,000,000.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) any request for funds for a fiscal year after
fiscal year 2006 for an ongoing military operation
overseas, including operations in Afghanistan and Iraq,
should be included in the annual budget of the
President for such fiscal year as submitted to Congress
under section 1105(a) of title 31, United States Code;
(2) the President should submit to Congress, not
later than September 1, 2005, an amendment to the
budget of the President for fiscal year 2006 that was
submitted to Congress under section 1105(a) of title
31, United States Code, setting forth detailed cost
estimates for ongoing military operations overseas
during such fiscal year; and
(3) any funds provided for a fiscal year for
ongoing military operations overseas should be provided
in appropriations Acts for such fiscal year through
appropriations to specific accounts set forth in such
appropriations Acts.
(c) Additional Requirements for Certain Reports.--(1) Each
semiannual report to Congress required under a provision of law
referred to in paragraph (2) shall include, in addition to the
matters specified in the applicable provision of law, the
following:
(A) A statement of the cumulative total of all
amounts obligated, and of all amounts expended, as of
the date of such report for Operation Enduring Freedom.
(B) A statement of the cumulative total of all
amounts obligated, and of all amounts expended, as of
the date of such report for Operation Iraqi Freedom.
(C) An estimate of the reasonably foreseeable costs
for ongoing military operations to be incurred during
the 12-month period beginning on the date of such
report.
(2) The provisions of law referred to in this paragraph are
as follows:
(A) Section 1120 of the Emergency Supplemental
Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (Public
Law 108-106; 117 Stat. 1219; 10 U.S.C. 113 note).
(B) Section 9010 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat.
1008; 10 U.S.C. 113 note).
AIRCRAFT CARRIERS OF THE NAVY
Sec. 1025. (a) Funding for Repair and Maintenance of U.S.S.
John F. Kennedy.--Of the amount appropriated to the Department
of the Navy in this Act, necessary funding will be made
available for such repair and maintenance of the U.S.S. John F.
Kennedy as the Navy considers appropriate to extend the life of
U.S.S. John F. Kennedy.
(b) Limitation on Reduction in Number of Active Aircraft
Carriers.--No funds appropriated or otherwise made available in
this Act may be obligated or expended to reduce the number of
active aircraft carriers of the Navy below 12 active aircraft
carriers until after the date of the submittal to Congress of
the quadrennial defense review required in 2005 under section
118 of title 10, United States Code.
(c) Active Aircraft Carriers.--For purposes of this
section, an active aircraft carrier of the Navy includes an
aircraft carrier that is temporarily unavailable for worldwide
deployment due to routing or scheduled maintenance.
(d) Pacific Fleet Authorities.--None of the funds available
to the Department of the Navy may be obligated to modify
command and control relationships to give Fleet Forces Command
administrative and operational control of U.S. Navy forces
assigned to the Pacific fleet: Provided, That the command and
control relationships which existed on October 1, 2004 shall
remain in force unless changes are specifically authorized in a
subsequent act.
TRAVEL FOR FAMILY OF HOSPITALIZED SERVICEMEMBERS
Sec. 1026. (a) Authority.--Subsection (a) of section 411h
of title 37, United States Code, is amended--
(1) in paragraph (2)--
(A) by inserting ``and'' at the end of
subparagraph (A); and
(B) by striking subparagraphs (B) and (C)
and inserting the following new subparagraph:
``(B) either--
``(i) is seriously ill, seriously injured,
or in a situation of imminent death (whether or
not electrical brain activity still exists or
brain death is declared), and is hospitalized
in a medical facility in or outside the United
States; or
``(ii) is not described in clause (i), but
has an injury incurred in an operation or area
designated as a combat operation or combat
zone, respectively, by the Secretary of Defense
under section 1967(e)(1)(A) of title 38 and is
hospitalized in a medical facility in the
United States for treatment of that injury.'';
and
(2) by adding at the end the following new
paragraph:
``(3) Not more than one roundtrip may be provided to a
family member under paragraph (1) on the basis of clause (ii)
of paragraph (2)(B).''.
(b) Conforming Amendments.--
(1) Heading for amended section.--The heading for
section 411h of such title is amended to read as
follows:
``Sec. 411h. Travel and transportation allowances: transportation of
family members incident to illness or injury of
members''.
(2) Clerical amendment.--The item relating to such
section in the table of sections at the beginning of
chapter 7 of such title is amended to read as follows:
``411h. Travel and transportation allowances: transportation of family
members incident to illness or injury of members.''.
(c) Funding.--Funds for the provision of travel in fiscal
year 2005 under section 411h of title 37, United States Code,
by reason of the amendments made by this section shall be
derived as follows:
(1) In the case of travel provided by the
Department of the Army, from amounts appropriated for
fiscal year 2005 by this Act and the Department of
Defense Appropriations Act, 2005 (Public Law 108-287)
for the Operation and Maintenance, Army account.
(2) In the case of travel provided by the
Department of the Navy, from amounts appropriated for
fiscal year 2005 by the Acts referred to in paragraph
(1) for the Operation and Maintenance, Navy account.
(3) In the case of travel provided by the
Department of the Air Force, from amounts appropriated
for fiscal year 2005 by the Acts referred to in
paragraph (1) for the Operation and Maintenance, Air
Force account.
(d) Report on Travel in Excess of Certain Limit.--If in any
fiscal year the amount of travel provided in such fiscal year
under section 411h of title 37, United States Code, by reason
of the amendments made by this section exceeds $20,000,000, the
Secretary of Defense shall submit to the congressional defense
committees a report on that fact, including the total amount of
travel provided in such fiscal year under such section 411h by
reason of the amendments made by this section.
(e) Termination.--The amendment made by this section shall
terminate on September 30, 2005. Effective on October 1, 2005,
the provisions of section 411h of title 37, United States Code,
as in effect on the date before the date of the enactment of
this Act shall be revived.
PROHIBITION ON TERMINATION OF MULTIYEAR PROCUREMENT CONTRACT FOR C/KC-
130J AIRCRAFT
Sec. 1027. No funds in this Act may be obligated or
expended to terminate the joint service multiyear procurement
contract for C/KC-130J aircraft that is in effect on the date
of the enactment of this Act.
PURPLE HEART COMMENDATIONS
Sec. 1028. None of the funds in this Act or prior Acts may
be used to revoke Purple Heart commendations awarded to members
of the Armed Forces who have served in Operation Iraqi Freedom
or Operation Enduring Freedom: Provided, That the Secretary of
any military department may, on a case-by-case basis, waive
this provision fifteen days after notifying the congressional
defense committees of their intent to revoke an individual's
Purple Heart commendation.
VIRTUAL TRAINING COCKPIT OPTIMIZATION PROGRAM
(TRANSFER OF FUNDS)
Sec. 1029. Upon enactment of this Act, the Secretary of
Defense shall make the following transfer of funds: Provided,
That funds so transferred shall be merged with and shall be
available for the same purpose and for the same time period as
the appropriation to which transferred: Provided further, That
the authority provided in this section is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the amounts shall be
transferred between the following appropriations in the amounts
specified:
From:
Under the heading, ``Aircraft Procurement,
Army, 2004/2006'', $2,000,000;
To:
Under the heading, ``Research, Development,
Test and Evaluation, Army, 2004/2005'',
$2,000,000:
Provided further, That these funds may only be used for the
Virtual Training Cockpit Optimization Program: Provided
further, That the amount made available by the transfer of
funds in or pursuant to this section is designated as an
emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
TRANSFER OF FUNDS FOR FORCE PROTECTION PROGRAMS
(TRANSFER OF FUNDS)
Sec. 1030. Notwithstanding any other provision of law, upon
enactment of this Act, the Secretary of Defense shall make the
following transfers of funds previously made available in the
Department of Defense Appropriations Act, 2005 (Public Law 108-
287): Provided, That the amounts transferred shall be made
available for the same purpose and the same time period as the
appropriation to which transferred: Provided further, That the
authority provided in this section is in addition to any other
transfer authority available to the Department of Defense:
Provided further, That the amounts shall be transferred between
the following appropriations, in the amounts specified:
To:
Under the heading, ``Research, Development,
Test and Evaluation, Air Force, 2005/2006'',
$500,000;
From:
Under the heading, ``Other Procurement, Air
Force'', $500,000.
To:
Under the heading, ``Other Procurement, Air
Force, 2005/2007'', $8,200,000;
From:
Under the heading, ``Other Procurement,
Navy, 2005/2007'', $8,200,000:
Provided further, That the amounts made available by the
transfer of funds in or pursuant to this section are designated
as an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
PROHIBITION ON TORTURE AND CRUEL, INHUMAN, OR DEGRADING TREATMENT
Sec. 1031. (a)(1) None of the funds appropriated or
otherwise made available by this Act shall be obligated or
expended to subject any person in the custody or under the
physical control of the United States to torture or cruel,
inhuman, or degrading treatment or punishment that is
prohibited by the Constitution, laws, or treaties of the United
States.
(2) Nothing in this section shall affect the status of any
person under the Geneva Conventions or whether any person is
entitled to the protections of the Geneva Conventions.
(b) As used in this section--
(1) the term ``torture'' has the meaning given that
term in section 2340(1) of title 18, United States
Code; and
(2) the term ``cruel, inhuman, or degrading
treatment or punishment'' means the cruel, unusual, and
inhumane treatment or punishment prohibited by the
fifth amendment, eighth amendment, or fourteenth
amendment to the Constitution of the United States.
TRAUMATIC INJURY PROTECTION
Sec. 1032. Traumatic Injury Protection. (a) In General.--
Subchapter III of chapter 19, Title 38, United States Code, is
amended--
(1) in section 1965, by adding at the end the
following:
``(11) The term `activities of daily living' means
the inability to independently perform 2 of the 6
following functions:
``(A) Bathing.
``(B) Continence.
``(C) Dressing.
``(D) Eating.
``(E) Toileting.
``(F) Transferring.''; and
(2) by adding at the end the following:
``Sec. 1980A. Traumatic injury protection
``(a) A member who is insured under subparagraph (A)(i),
(B), or (C)(i) of section 1967(a)(1) shall automatically be
issued a traumatic injury protection rider that will provide
for a payment not to exceed $100,000 if the member, while so
insured, sustains a traumatic injury that results in a loss
described in subsection (b)(1). The maximum amount payable for
all injuries resulting from the same traumatic event shall be
limited to $100,000. If a member suffers more than 1 such loss
as a result of traumatic injury, payment will be made in
accordance with the schedule in subsection (d) for the single
loss providing the highest payment.
``(b)(1) A member who is issued a traumatic injury
protection rider under subsection (a) is insured against such
traumatic injuries, as prescribed by the Secretary, in
collaboration with the Secretary of Defense, including, but not
limited to--
``(A) total and permanent loss of sight;
``(B) loss of a hand or foot by severance at or
above the wrist or ankle;
``(C) total and permanent loss of speech;
``(D) total and permanent loss of hearing in both
ears;
``(E) loss of thumb and index finger of the same
hand by severance at or above the metacarpophalangeal
joints;
``(F) quadriplegia, paraplegia, or hemiplegia;
``(G) burns greater than second degree, covering 30
percent of the body or 30 percent of the face; and
``(H) coma or the inability to carry out the
activities of daily living resulting from traumatic
injury to the brain.
``(2) For purposes of this subsection--
``(A) the term `quadriplegia' means the complete
and irreversible paralysis of all 4 limbs;
``(B) the term `paraplegia' means the complete and
irreversible paralysis of both lower limbs; and
``(C) the term `hemiplegia' means the complete and
irreversible paralysis of the upper and lower limbs on
1 side of the body.
``(3) The Secretary, in collaboration with the Secretary of
Defense, shall prescribe, by regulation, the conditions under
which coverage against loss will not be provided.
``(c) A payment under this section may be made only if--
``(1) the member is insured under Servicemembers'
Group Life Insurance when the traumatic injury is
sustained;
``(2) the loss results directly from that traumatic
injury and from no other cause; and
``(3) the member suffers the loss before the end of
the period prescribed by the Secretary, in
collaboration with the Secretary of Defense, which
begins on the date on which the member sustains the
traumatic injury, except, if the loss is quadriplegia,
paraplegia, or hemiplegia, the member suffers the loss
not later than 365 days after sustaining the traumatic
injury.
``(d) Payments under this section for losses described in
subsection (b)(1) shall be--
``(1) made in accordance with a schedule prescribed
by the Secretary, in collaboration with the Secretary
of Defense;
``(2) based on the severity of the covered
condition; and
``(3) in an amount that is equal to not less than
$25,000 and not more than $100,000.
``(e)(1) During any period in which a member is insured
under this section and the member is on active duty, there
shall be deducted each month from the member's basic or other
pay until separation or release from active duty an amount
determined by the Secretary of Veterans Affairs as the premium
allocable to the pay period for providing traumatic injury
protection under this section (which shall be the same for all
such members) as the share of the cost attributable to provided
coverage under this section, less any costs traceable to the
extra hazards of such duty in the uniformed services.
``(2) During any month in which a member is assigned to the
Ready Reserve of a uniformed service under conditions which
meet the qualifications set forth in section 1965(5)(B) of this
title and is insured under a policy of insurance purchased by
the Secretary of Veterans Affairs under section 1966 of this
title, there shall be contributed from the appropriation made
for active duty pay of the uniformed service concerned an
amount determined by the Secretary of Veterans Affairs (which
shall be the same for all such members) as the share of the
cost attributable to provided coverage under this section, less
any costs traceable to the extra hazards of such duty in the
uniformed services. Any amounts so contributed on behalf of any
member shall be collected by the Secretary of the concerned
service from such member (by deduction from pay or otherwise)
and shall be credited to the appropriation from which such
contribution was made in advance on a monthly basis.
``(3) The Secretary of Veterans Affairs shall determine the
premium amounts to be charged for traumatic injury protection
coverage provided under this section.
``(4) The premium amounts shall be determined on the basis
of sound actuarial principles and shall include an amount
necessary to cover the administrative costs to the insurer or
insurers providing such insurance.
``(5) Each premium rate for the first policy year shall be
continued for subsequent policy years, except that the rate may
be adjusted for any such subsequent policy year on the basis of
the experience under the policy, as determined by the Secretary
of Veterans Affairs in advance of that policy year.
``(6) The cost attributable to insuring such member under
this section, less the premiums deducted from the pay of the
member's uniformed service, shall be paid by the Secretary of
Defense to the Secretary of Veterans Affairs. This amount shall
be paid on a monthly basis, and shall be due within 10 days of
the notice provided by the Secretary of Veterans Affairs to the
Secretary of the concerned uniformed service.
``(7) The Secretary of Defense shall provide the amount of
appropriations required to pay expected claims in a policy
year, as determined according to sound actuarial principles by
the Secretary of Veterans Affairs.
``(8) The Secretary of Defense shall forward an amount to
the Secretary of Veterans Affairs that is equivalent to half
the anticipated cost of claims for the current fiscal year,
upon the effective date of this legislation.
``(f) The Secretary of Defense shall certify whether any
member claiming the benefit under this section is eligible.
``(g) Payment for a loss resulting from traumatic injury
will not be made if the member dies before the end of the
period prescribed by the Secretary, in collaboration with the
Secretary of Defense, which begins on the date on which the
member sustains the injury. If the member dies before payment
to the member can be made, the payment will be made according
to the member's most current beneficiary designation under
Servicemembers' Group Life Insurance, or a by law designation,
if applicable.
``(h) Coverage for loss resulting from traumatic injury
provided under this section shall cease at midnight on the date
of the member's separation from the uniformed service. Payment
will not be made for any loss resulting from injury incurred
after the date a member is separated from the uniformed
services.
``(i) Insurance coverage provided under this section is not
convertible to Veterans' Group Life Insurance.''.
(b) Clerical Amendment.--The table of sections for chapter
19 of title 38, United States Code, is amended by adding after
the item relating to section 1980 the following:
``1980A. Traumatic injury protection.''.
(c) Retroactive Provision.--
(1) In general.--Any member who experienced a
traumatic injury (as described in section 1980A(b)(1)
of title 38, United States Code) between October 7,
2001, and the effective date under subsection (d), is
eligible for coverage provided in such section 1980A if
the qualifying loss was a direct result of injuries
incurred in Operation Enduring Freedom or Operation
Iraqi Freedom.
(2) Certification; payment.--The Secretary of
Defense shall--
(A) certify to the Office of
Servicemembers' Group Life Insurance the names
and addresses of those members the Secretary of
Defense determines to be eligible for
retroactive traumatic injury benefits under
such section 1980A; and
(B) forward to the Secretary of Veterans
Affairs, at the time the certification is made
under subparagraph (A), an amount of money
equal to the amount the Secretary of Defense
determines to be necessary to pay all cost
related to claims for retroactive benefits
under such section 1980A.
(d) Effective Date.--
(1) In general.--The amendments made by this
section shall take effect on the first day of the first
month beginning more than 180 days after the date of
enactment of this Act.
(2) Rulemaking.--Before the effective date
described in paragraph (1), the Secretary of Veterans
Affairs, in collaboration with the Secretary of
Defense, shall issue regulations to carry out the
amendments made by this section.
AMOUNTS FROM PRIOR YEAR IRAQ FREEDOM FUND APPROPRIATION
(RESCISSION OF FUNDS)
Sec. 1033. Of the funds appropriated in title IX of Public
Law 108-287 for ``Iraq Freedom Fund'' (118 Stat. 1005) that
remain available for obligation, $50,000,000 is hereby
rescinded.
TECHNICAL CORRECTION
Sec. 1034. Of the funds available in the Department of
Defense Appropriations Act, 2005, (Public Law 108-287), under
the heading ``Defense Health Program'', $1,000,000 shall be
available to the Paralyzed Veterans of America (PVA) Outdoor
Sports Heritage Fund.
DEFENSE TRANSFER AUTHORITY
Sec. 1035. In addition to amounts appropriated elsewhere
in this Act, there is hereby appropriated $50,000,000 for
``Research, Development, Test and Evaluation, Defense-Wide'',
to remain available until September 30, 2006: Provided, That
these funds are available for transfer to any other
appropriations accounts of the Department of Defense, for
certain classified activities, and notwithstanding any other
provision of law and of this Act, such funds may be obligated
to carry out projects not otherwise authorized by law: Provided
further, That any funds transferred shall be merged with and
shall be available for the same purposes and for the same time
period as the appropriation to which transferred: Provided
further, That the transfer authority provided in this section
is in addition to any other transfer authority available to the
Department of Defense: Provided further, That the amount
provided in this section is designated an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
RE-USE AND REDEVELOPMENT OF CLOSED OR REALIGNED MILITARY INSTALLATIONS
Sec. 1036. (a) In order to assist communities with
preparations for the results of the 2005 round of defense base
closure and realignment, and consistent with assistance
provided to communities by the Department of Defense in
previous rounds of base closure and realignment, the Secretary
of Defense shall, not later than July 15, 2005, submit to the
congressional defense committees a report on the processes and
policies of the Federal Government for disposal of property at
military installations proposed to be closed or realigned as
part of the 2005 round of base closure and realignment, and the
assistance available to affected local communities for re-use
and redevelopment decisions.
(b) The report under subsection (a) shall include--
(1) a description of the processes of the Federal
Government for disposal of property at military
installations proposed to be closed or realigned;
(2) a description of Federal Government policies
for providing re-use and redevelopment assistance;
(3) a catalogue of community assistance programs
that are provided by the Federal Government related to
the re-use and redevelopment of closed or realigned
military installations;
(4) a description of the services, policies, and
resources of the Department of Defense that are
available to assist communities affected by the closing
or realignment of military installations as a result of
the 2005 round of base closure and realignment;
(5) guidance to local communities on the
establishment of local redevelopment authorities and
the implementation of a base redevelopment plan; and
(6) a description of the policies and
responsibilities of the Department of Defense related
to environmental clean-up and restoration of property
disposed by the Federal Government.
CAMP JOSEPH T. ROBINSON
Sec. 1037. The United States releases to the State of
Arkansas the reversionary interest described in sections 2 and
3 of the Act entitled ``An Act authorizing the transfer of part
of Camp Joseph T. Robinson to the State of Arkansas'', approved
June 30, 1950 (64 Stat. 311, chapter 429), in and to the
surface estate of the land constituting Camp Joseph T.
Robinson, Arkansas, which lies east of the Batesville Pike
county road, in sections 24, 25, and 36, township 3 north,
range 12 west, Pulaski County, Arkansas.
TITLE II--INTERNATIONAL PROGRAMS AND ASSISTANCE FOR RECONSTRUCTION AND
THE WAR ON TERROR
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
PUBLIC LAW 480 TITLE II GRANTS
For additional expenses during the current fiscal year, not
otherwise recoverable, and unrecovered prior years' costs,
including interest thereon, under the Agricultural Trade
Development and Assistance Act of 1954, for commodities
supplied in connection with dispositions abroad under title II
of said Act, $240,000,000 to remain available until expended:
Provided, That from this amount, to the maximum extent
possible, funding shall be restored to the previously approved
fiscal year 2005 programs under section 204(a)(2) of the
Agricultural Trade Development and Assistance Act of 1954:
Provided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
CHAPTER 2
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for ``Diplomatic and Consular
Programs'', $734,000,000, to remain available until September
30, 2006, of which $10,000,000 is provided for security
requirements in the detection of explosives: Provided, That of
the funds appropriated under this heading, not less than
$250,000 shall be made available for programs to assist Iraqi
and Afghan scholars who are in physical danger to travel to the
United States to engage in research or other scholarly
activities at American institutions of higher education:
Provided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $592,000,000, to remain
available until expended: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
INTERNATIONAL ORGANIZATIONS
Contributions for International Peacekeeping Activities
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $680,000,000, to
remain available until September 30, 2006: Provided, That of
the funds appropriated under this heading, up to $50,000,000
may be transferred to ``Peacekeeping Operations'' for support
of the efforts of the African Union to halt genocide and other
atrocities in Darfur, Sudan: Provided further, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
International Broadcasting Operations
For an additional amount for ``International Broadcasting
Operations'' for activities related to broadcasting to the
broader Middle East, $4,800,000, to remain available until
September 30, 2006: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
Broadcasting Capital Improvements
For an additional amount for ``Broadcasting Capital
Improvements'', $2,500,000, to remain available until September
30, 2006: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
International Disaster and Famine Assistance
For an additional amount for ``International Disaster and
Famine Assistance'', $90,000,000, to remain available until
expended, for emergency expenses related to the humanitarian
crisis in the Darfur region of Sudan and other African
countries: Provided, That these funds may be used to reimburse
fully accounts administered by the United States Agency for
International Development for obligations incurred for the
purposes provided under this heading prior to enactment of this
Act from funds appropriated for foreign operations, export
financing, and related programs: Provided further, That the
amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
Operating Expenses of the United States Agency for International
Development
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$24,400,000, to remain available until September 30, 2006:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Operating Expenses of the United States Agency for International
Development Office of Inspector General
For an additional amount for ``Operating Expenses of the
United States Agency for International Development Office of
Inspector General'', $2,500,000, to remain available until
September 30, 2006: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
OTHER BILATERAL ECONOMIC ASSISTANCE
Economic Support Fund
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Economic Support Fund'',
$1,433,600,000, to remain available until September 30, 2006:
Provided, That of the funds appropriated under this heading,
$200,000,000 should be made available for programs, activities,
and efforts to support Palestinians, of which $50,000,000
should be made available for assistance for Israel to help ease
the movement of Palestinian people and goods in and out of
Israel: Provided further, That of the funds appropriated under
this heading, $5,000,000 should be made available for
assistance for displaced persons in Afghanistan: Provided
further, That of the funds appropriated under this heading,
$2,500,000 should be made available for assistance for families
and communities of Afghan civilians who have suffered losses as
a result of the military operations: Provided further, That of
the funds appropriated under this heading, $20,000,000 should
be made available for assistance for Haiti, of which $2,500,000
should be made available for criminal case management, case
tracking, and the reduction of pre-trial detention in Haiti,
notwithstanding any other provision of law: Provided further,
That of the funds appropriated under this heading, $5,000,000
should be made available for programs and activities to promote
democracy, including political party development, in Lebanon:
Provided further, That of the funds appropriated under this
heading, up to $10,000,000 may be transferred to the Overseas
Private Investment Corporation for the cost of direct and
guaranteed loans as authorized by section 234 of the Foreign
Assistance Act of 1961: Provided further, That such costs,
shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
Assistance for the Independent States of the Former Soviet Union
For an additional amount for ``Assistance for the
Independent States of the Former Soviet Union'', $70,000,000,
to remain available until September 30, 2006: Provided, That
the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
DEPARTMENT OF STATE
International Narcotics Control and Law Enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $620,000,000, to remain
available until September 30, 2007: Provided, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
Migration and Refugee Assistance
For an additional amount for ``Migration and Refugee
Assistance'', $120,400,000, to remain available until September
30, 2006: Provided, That of the funds appropriated under this
heading, not less than $67,000,000 shall be made available for
assistance for refugees in Africa and to fulfill refugee
protection goals set by the President for fiscal year 2005:
Provided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
Nonproliferation, Anti-Terrorism, Demining and Related Programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $24,600,000, to
remain available until September 30, 2006, of which not to
exceed $7,500,000, to remain available until expended, may be
made available for the Nonproliferation and Disarmament Fund,
notwithstanding any other provision of law, to promote
bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
Foreign Military Financing Program
For an additional amount for ``Foreign Military Financing
Program'', $250,000,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
Peacekeeping Operations
For an additional amount for ``Peacekeeping Operations'',
$240,000,000, to remain available until September 30, 2006, of
which up to $200,000,000 is for military and other security
assistance to coalition partners in Iraq and Afghanistan:
Provided, That up to $30,000,000 may be used only pursuant to a
determination by the President, and after consultation with the
Committees on Appropriations, that such use will support the
global war on terrorism: Provided further, That these funds may
be transferred by the Secretary of State to other Federal
agencies or accounts to support the global war on terrorism:
Provided further, That funds appropriated under this heading
shall be subject to the regular notification procedures of the
Committees on Appropriations, except that such notifications
shall be submitted no less than five days prior to the
obligation of funds: Provided further, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
GENERAL PROVISIONS, THIS CHAPTER
VOLUNTARY CONTRIBUTION
Sec. 2101. Section 307(a) of the Foreign Assistance Act of
1961, as amended (22 U.S.C. 2227), is further amended by
striking ``Iraq,''.
(RESCISSION OF FUNDS)
Sec. 2102. The unexpended balance appropriated by Public
Law 108-11 under the heading ``Economic Support Fund'' and made
available for Turkey is rescinded.
AUDIT REQUIREMENT
Sec. 2103. Section 559 of division D of Public Law 108-447
is amended by adding at the end the following:
``(e) Subsequent to the certification specified in
subsection (a), the Comptroller General of the United States
shall conduct an audit and an investigation of the treatment,
handling, and uses of all funds for the bilateral West Bank and
Gaza Program in fiscal year 2005 under the heading `Economic
Support Fund'. The audit shall address--
``(1) the extent to which such Program complies
with the requirements of subsections (b) and (c), and
``(2) an examination of all programs, projects, and
activities carried out under such Program, including
both obligations and expenditures.''.
REPORTING REQUIREMENT
Sec. 2104. The Secretary of State shall submit to the
Committees on Appropriations not later than 30 days after
enactment, and prior to the initial obligation of funds
appropriated under this chapter, a report on the proposed uses
of all funds on a project-by-project basis, for which the
obligation of funds is anticipated: Provided, That up to 15
percent of funds appropriated under this chapter may be
obligated before the submission of the report subject to the
normal notification procedures of the Committees on
Appropriations: Provided further, That the report shall be
updated and submitted to the Committees on Appropriations every
six months and shall include information detailing how the
estimates and assumptions contained in previous reports have
changed: Provided further, That any new projects and increases
in funding of ongoing projects shall be subject to the prior
approval of the Committees on Appropriations: Provided further,
That the Secretary of State shall submit to the Committees on
Appropriations, not later than 210 days following enactment of
this Act and annually thereafter, a report detailing on a
project-by-project basis the expenditure of funds appropriated
under this chapter until all funds have been fully expended.
AUDIT REQUIREMENT
Sec. 2105. The Comptroller General of the United States
shall conduct an audit of the use of all funds for the
bilateral Afghanistan counternarcotics and alternative
livelihood programs in fiscal year 2005 under the heading
``Economic Support Fund'' and ``International Narcotics Control
and Law Enforcement'': Provided, That the audit shall include
an examination of all programs, projects and activities carried
out under such programs, including both obligations and
expenditures.
REPORTING REQUIREMENT
Sec. 2106. Not later than 60 days after the date of
enactment of this Act, the President shall submit a report to
the Congress detailing: (1) information regarding the
Palestinian security services, including their numbers,
accountability, and chains of command, and steps taken to purge
from their ranks individuals with ties to terrorist entities;
(2) specific steps taken by the Palestinian Authority to
dismantle the terrorist infrastructure, confiscate unauthorized
weapons, arrest and bring terrorists to justice, destroy
unauthorized arms factories, thwart and preempt terrorist
attacks, and cooperate with Israel's security services; (3)
specific actions taken by the Palestinian Authority to stop
incitement in Palestinian Authority-controlled electronic and
print media and in schools, mosques, and other institutions it
controls, and to promote peace and coexistence with Israel; (4)
specific steps the Palestinian Authority has taken to further
democracy, the rule of law, and an independent judiciary, and
transparent and accountable governance; (5) the Palestinian
Authority's cooperation with United States officials in
investigations into the late Palestinian leader Yasser Arafat's
finances; and (6) the amount of assistance pledged and actually
provided to the Palestinian Authority by other donors:
Provided, That not later than 180 days after enactment of this
Act, the President shall submit to the Congress an update of
this report: Provided further, That up to $5,000,000 of the
funds made available for assistance for the West Bank and Gaza
by this chapter under ``Economic Support Fund'' shall be used
for an outside, independent evaluation by an internationally
recognized accounting firm of the transparency and
accountability of Palestinian Authority accounting procedures
and an audit of expenditures by the Palestinian Authority.
REPROGRAMMING AUTHORITY
Sec. 2107. The amounts set forth in the eighth proviso in
the Diplomatic and Consular Programs appropriation in the
fiscal year 2005 Departments of Commerce, Justice, State, the
Judiciary, and Related Agencies Appropriations Act (Public Law
108-447, division B) may be subject to reprogramming pursuant
to section 605 of that Act.
MARLA RUZICKA IRAQI WAR VICTIMS FUND
Sec. 2108. Of the funds appropriated by chapter 2 of title
II of Public Law 108-106 under the heading ``Iraq Relief and
Reconstruction Fund'', not less than $20,000,000 should be made
available for assistance for families and communities of Iraqi
civilians who have suffered losses as a result of the military
operations: Provided, That such assistance shall be designated
as the ``Marla Ruzicka Iraqi War Victims Fund''.
CANDIDATE COUNTRIES
Sec. 2109. Section 616(b)(1) of the Millennium Challenge
Act of 2003 (Public Law 108-199) is amended--
(1) by striking ``subparagraphs (A) and (B) of
section 606(a)(1)''; and
(2) inserting in lieu thereof ``subsection (a) or
(b) of section 606''.
HUMANITARIAN ASSISTANCE CODE OF CONDUCT
Sec. 2110. (a) None of the funds made available for foreign
operations, export financing, and related programs under the
headings ``Migration and Refugee Assistance'', ``United States
Emergency Refugee and Migration Assistance Fund'',
``International Disaster and Famine Assistance'', or
``Transition Initiatives'' may be obligated to an organization
that fails to adopt a code of conduct that provides for the
protection of beneficiaries of assistance under any such
heading from sexual exploitation and abuse in humanitarian
relief operations.
(b) The code of conduct referred to in subsection (a)
shall, to the maximum extent practicable, be consistent with
the six core principles of the United Nations Inter-Agency
Standing Committee Task Force on Protection From Sexual
Exploitation and Abuse in Humanitarian Crises.
(c) Not later than 180 days after the date of the enactment
of this Act, and not later than one year after the date of the
enactment of this Act, the President shall transmit to the
appropriate congressional committees a report on the
implementation of this section.
(d) This section shall take effect 60 days after the date
of the enactment of this Act and shall apply to funds obligated
after such date for fiscal year 2005 and any subsequent fiscal
year.
JOINT EXPLANATORY STATEMENT
Sec. 2111. (a) Funds provided in this Act for the following
accounts shall be made available for programs and countries in
the amounts contained in the joint explanatory statement of
managers accompanying this Act:
``Economic Support Fund''; and,
``Assistance for the Independent States of the
Former Soviet Union''.
(b) Any proposed increases or decreases to the amounts
contained in such tables in the joint explanatory statement of
managers shall be subject to the regular notification
procedures of the Committees on Appropriations and section 634A
of the Foreign Assistance Act of 1961.
TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON TERROR
CHAPTER 1
DEPARTMENT OF ENERGY
National Nuclear Security Administration
DEFENSE NUCLEAR NONPROLIFERATION
For an additional amount for ``Defense Nuclear
Nonproliferation'', $84,000,000, to remain available until
expended: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
CHAPTER 2
DEPARTMENT OF HOMELAND SECURITY
CUSTOMS AND BORDER PROTECTION
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$124,425,000, to remain available until September 30, 2006, for
hiring, training, supporting, and equipping 500 border patrol
agents above the level funded in Public Law 108-334: Provided,
That the Secretary of Homeland Security shall provide the
Committees on Appropriations of the Senate and the House of
Representatives no later than June 15, 2005, with a plan for
the expeditious implementation and execution of these funds:
Provided further, That of the amount provided under this
heading, $49,075,000 is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
Construction
For an additional amount for ``Construction'', $51,875,000,
to remain available until September 30, 2006: Provided, That
the Secretary of Homeland Security shall provide the Committees
on Appropriations of the Senate and the House of
Representatives no later than June 15, 2005, with a plan for
the expeditious implementation and execution of these funds:
Provided further, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
IMMIGRATION AND CUSTOMS ENFORCEMENT
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$454,250,000, of which not less than $11,000,000 shall be
available for the costs of increasing by no less than seventy-
nine the level of full-time equivalents on board on the date of
enactment of this Act: Provided, That of the total amount
provided, $178,250,000 is available until September 30, 2006,
of which $93,050,000 is for new investigators, enforcement
agents, detention officers, and detention bedspace: Provided
further, That the Secretary of Homeland Security shall provide
the Committees on Appropriations of the Senate and the House of
Representatives no later than June 15, 2005, with a plan for
the expeditious implementation and execution of these funds:
Provided further, That of the amount provided under this
heading, $349,050,000 is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
UNITED STATES COAST GUARD
Operating Expenses
For an additional amount for ``Operating Expenses'',
$111,950,000: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
Acquisition, Construction, and Improvements
For an additional amount for ``Acquisition, Construction,
and Improvements'', $49,200,000, to remain available until
September 30, 2007: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
FEDERAL LAW ENFORCEMENT TRAINING CENTER
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$2,568,000, to remain available until September 30, 2006.
Acquisition, Construction, Improvements, and Related Expenses
For an additional amount for ``Acquisition, Construction,
Improvements, and Related Expenses'', $1,882,000, to remain
available until September 30, 2006.
CHAPTER 3
DEPARTMENT OF JUSTICE
General Administration
DETENTION TRUSTEE
For an additional amount for ``Detention Trustee'',
$184,000,000, for necessary expenses of the Federal Detention
Trustee: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
Legal Activities
ASSET FORFEITURE FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$40,000,000 are rescinded.
United States Marshals Service
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$11,935,000, for increased judicial security outside of
courthouse facilities, including home intrusion detection
systems for Federal judges, to remain available until September
30, 2006: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
Federal Bureau of Investigation
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$73,991,000, to remain available until September 30, 2006:
Provided, That of the amount appropriated, $1,250,000 shall be
transferred to and merged with the appropriation for
``Department of Justice, General Administration, Office of
Inspector General'': Provided further, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
Drug Enforcement Administration
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$7,648,000, to remain available until September 30, 2006:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$4,000,000, to remain available until September 30, 2006:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th
Congress).
CHAPTER 4
LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
Payment to Widows and Heirs of Deceased Members of Congress
For payment to Doris K. Matsui, widow of Robert T. Matsui,
late a Representative from the State of California, $162,100.
Salaries and Expenses
For an additional amount for salaries and expenses of the
House of Representatives, $39,000,000, to remain available
until expended: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
Administrative Provisions
HOUSE SERVICES REVOLVING FUND
Sec. 3401 (a) Section 103(b) of the Legislative Branch
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 3175)
is amended to read as follows:
``(b) Use of Fees.--Any amounts paid as fees for the use of
the exercise facility described in subsection (a) shall be
deposited into the House Services Revolving Fund established
under section 105.''.
(b) Section 105(a) of such Act (2 U.S.C. 117m(a)) is
amended by adding at the end the following new paragraph:
``(5) The payment of fees for the use of the
exercise facility described in section 103(a).''.
(c) The amendments made by this section shall take effect
as if included in the enactment of the Legislative Branch
Appropriations Act, 2005.
TECHNICAL CORRECTIONS
Sec. 3402 (a) The last proviso under the heading ``LIBRARY
OF CONGRESS--Salaries and Expenses'' in chapter 9 of division A
of the Miscellaneous Appropriations Act, 2001, as enacted into
law by section 1(a)(4) of the Consolidated Appropriations Act,
2001 (2 U.S.C. 132b note), is amended by striking ``chair of
the Subcommittee on the Legislative Branch of the Committee on
Appropriations of the House of Representatives'' and inserting
``chair of the Committee on Appropriations of the House of
Representatives (or another member of such Committee designated
by the chair)''.
(b) Section 313(a)(2)(E) of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 1151(a)(2)(E)), as added by
section 1502 of the Legislative Branch Appropriations Act, 2005
(Public Law 108-447), is amended by striking ``chair of the
Subcommittee on Legislative Branch of the Committee on
Appropriations of the House of Representatives'' and inserting
``chair of the Committee on Appropriations of the House of
Representatives (or another member of such Committee designated
by the chair)''.
CAPITOL POLICE
General Expenses
For an additional amount for necessary expenses of the
Capitol Police, $11,000,000, to remain available until
expended: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
ARCHITECT OF THE CAPITOL
Capitol Grounds
For an additional amount for ``Capitol Grounds'',
$8,200,000, to remain available until September 30, 2006:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th
Congress).
Capitol Police Buildings and Grounds
For an additional amount for ``Capitol Police Buildings and
Grounds'', $4,100,000, to remain available until September 30,
2006: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th
Congress).
TITLE IV--INDIAN OCEAN TSUNAMI RELIEF
CHAPTER 1
FUNDS APPROPRIATED TO THE PRESIDENT
OTHER BILATERAL ASSISTANCE
Tsunami Recovery and Reconstruction Fund
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Foreign Assistance
Act of 1961, for emergency relief, rehabilitation, and
reconstruction aid to countries affected by the tsunami and
earthquakes of December 2004 and March 2005, and the Avian
influenza virus, $656,000,000, to remain available until
September 30, 2006: Provided, That these funds may be
transferred by the Secretary of State to Federal agencies or
accounts for any activity authorized under part I (including
chapter 4 of part II) of the Foreign Assistance Act, or under
the Agricultural Trade Development and Assistance Act of 1954,
to accomplish the purposes provided herein: Provided further,
That upon a determination that all or part of the funds so
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That funds
appropriated under this heading may be used to reimburse fully
accounts administered by the United States Agency for
International Development for obligations incurred for the
purposes provided under this heading prior to enactment of this
Act, including Public Law 480 Title II grants: Provided
further, That of the amounts provided herein: up to $10,000,000
may be transferred to and consolidated with ``Development
Credit Authority'' for the cost of direct loans and loan
guarantees as authorized by sections 256 and 635 of the Foreign
Assistance Act of 1961 in furtherance of the purposes of this
heading; up to $17,500,000 may be transferred to and
consolidated with ``Operating Expenses of the United States
Agency for International Development'', of which up to
$2,000,000 may be used for administrative expenses to carry out
credit programs administered by the United States Agency for
International Development in furtherance of the purposes of
this heading; up to $1,000,000 may be transferred to and
consolidated with ``Operating Expenses of the United States
Agency for International Development Office of Inspector
General''; and up to $5,000,000 may be transferred to and
consolidated with ``Emergencies in the Diplomatic and Consular
Service'' for the purpose of providing support services for
United States citizen victims and related operations: Provided
further, That of the funds appropriated under this heading,
$5,000,000 should be made available for environmental recovery
activities in tsunami affected countries: Provided further,
That of the funds appropriated under this heading, $10,000,000
should be made available for programs and activities which
create new economic opportunities for women: Provided further,
That of the funds appropriated under this heading, $1,500,000
should be made available for programs to address the needs of
people with physical and mental disabilities resulting from the
tsunami: Provided further, That of the funds appropriated under
this heading, not less than $12,500,000 should be made
available to support initiatives that focus on the immediate
and long-term needs of children for protection and permanency,
including the registration of unaccompanied children, the
reunification of children with their immediate or extended
families, the protection of women and children from violence
and exploitation, and activities designed to prevent the
capture of children by armed forces and promote the integration
of war affected youth: Provided further, That of the funds
appropriated under this heading, $20,000,000 should be made
available for microenterprise development programs in countries
affected by the tsunami, of which $5,000,000 should be made
available for microcredit programs, to be administered by the
United States Agency for International Development: Provided
further, That of the funds appropriated under this heading,
$1,500,000 should be made available for trafficking in persons
monitoring and prevention programs and activities in tsunami
affected countries: Provided further, That the President is
hereby authorized to defer and reschedule for such period as he
may deem appropriate any amounts owed to the United States or
any agency of the United States by those countries
significantly affected by the tsunami and earthquakes of
December 2004 and March 2005, including the Republic of
Indonesia, the Republic of Maldives and the Democratic
Socialist Republic of Sri Lanka: Provided further, That funds
appropriated under this heading may be made available for the
modification costs, as defined in section 502 of the
Congressional Budget Act of 1974, if any, associated with any
deferral and rescheduling authorized under this heading:
Provided further, That such amounts shall not be considered
``assistance'' for the purposes of provisions of law limiting
assistance to any such affected country: Provided further, That
any agreement to defer and reschedule such debt will include a
commitment by the recipient government that resources freed by
the debt deferral will benefit directly the people affected by
the tsunami: Provided further, That the Secretary of State
shall arrange for an outside, independent evaluation of each
government's compliance with the commitment: Provided further,
That the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
GENERAL PROVISIONS, THIS CHAPTER
ANNUAL LIMITATION
Sec. 4101. Amounts made available pursuant to section
492(b) of the Foreign Assistance Act of 1961, as amended (22
U.S.C. 2292a), to address relief and rehabilitation needs for
countries affected by the Indian Ocean tsunami and earthquakes
of December 2004 and March 2005, prior to the enactment of this
Act, shall be in addition to the amount that may be obligated
in fiscal year 2005 under that section.
REPORTING REQUIREMENT
Sec. 4102. The Secretary of State shall submit to the
Committees on Appropriations not later than 30 days after
enactment, and prior to the initial obligation of funds
appropriated under this chapter not used to reimburse accounts
for obligations made prior to enactment, a report on the
proposed uses of all funds on a project-by-project basis, for
which such initial obligation of funds is anticipated:
Provided, That up to 15 percent of funds appropriated under
this chapter may be obligated before the submission of the
report subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the report
shall be updated and submitted to the Committees on
Appropriations every six months and shall include information
detailing how the estimates and assumptions contained in
previous reports have changed: Provided further, That any
proposed new projects and increases in funding of ongoing
projects shall be reported to the Committees on Appropriations
in accordance with regular notification procedures: Provided
further, That the Secretary of State shall submit to the
Committees on Appropriations, not later than 210 days following
enactment of this Act, and every six months thereafter, a
report detailing on a project-by project basis, the expenditure
of funds appropriated under this chapter until all funds have
been fully expended.
AUTHORIZATION OF FUNDS
Sec. 4103. Funds appropriated by this Act may be obligated
and expended notwithstanding section 15 of the State Department
Basic Authorities Act of 1956, section 313 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236), section 10 of Public Law 91-672 (22 U.S.C. 2412),
and section 504(a)(1) of the National Security Act of 1947 (50
U.S.C. 414(a)(1)).
AVIAN INFLUENZA VIRUS
Sec. 4104. Of the funds appropriated under this chapter,
$25,000,000 shall be made available for a coordinated program
to prevent and control the spread of the Avian influenza virus:
Provided, That not less than $15,000,000 of such funds should
be transferred to the Centers for Disease Control and
Prevention: Provided further, That prior to the obligation of
such funds, the Centers for Disease Control and Prevention
shall consult with the United States Agency for International
Development on the proposed use of such funds: Provided
further, That funds made available by this section and
transferred to the Centers for Disease Control and Prevention
shall be for necessary expenses to carry out Titles III and
XXIII of the Public Health Service Act.
CHAPTER 2
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $124,100,000: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $2,800,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $30,000,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $29,150,000: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
Overseas Humanitarian, Disaster, and Civic Aid
For an additional amount for ``Overseas Humanitarian,
Disaster, and Civic Aid'', $36,000,000, to remain available
until September 30, 2006: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$3,600,000 for Operation and maintenance: Provided, That the
amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
CHAPTER 3
DEPARTMENT OF HOMELAND SECURITY
UNITED STATES COAST GUARD
Operating Expenses
For an additional amount for ``Operating Expenses'',
$350,000: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of the conference report to accompany S. Con. Res. 95
(108th Congress).
CHAPTER 4
DEPARTMENT OF THE INTERIOR
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ``Surveys, Investigations, and
Research'', $8,100,000, to remain available until September 30,
2006: Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th
Congress).
CHAPTER 5
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ``Operations, Research, and
Facilities'', $7,070,000, to remain available until September
30, 2006, for United States tsunami warning capabilities and
operations: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For an additional amount for ``Procurement, Acquisition and
Construction'', $10,170,000, to remain available until
September 30, 2007, for United States tsunami warning
capabilities: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con. Res.
95 (108th Congress).
TITLE V--OTHER EMERGENCY APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
EMERGENCY WATERSHED PROTECTION PROGRAM
For an additional amount for the emergency watershed
protection program established under section 403 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2203) to repair
damages to waterways and watersheds resulting from natural
disasters, $104,500,000, to remain available until expended:
Provided, That the above amount includes funding for eligible
work identified in the Emergency Watershed Program Recovery
Projects Unfunded list as of April 25, 2005: Provided further,
That notwithstanding any other provision of law, the Secretary
of Agriculture shall count local financial and technical
resources, including in-kind materials and services,
contributed toward recovery from the flooding events of January
2005 in Washington County, Utah, toward local matching
requirements for the emergency watershed protection program
assistance provided to Washington County, Utah: Provided
further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th
Congress).
GENERAL PROVISIONS, THIS CHAPTER
RURAL HOUSING SERVICE
Sec. 5101. Hereafter, notwithstanding any other provision
of law, the Secretary of Agriculture may transfer any
unobligated amounts made available under the heading ``Rural
Housing Service'', ``Rural Housing Insurance Fund Program
Account'' in chapter 1 of title II of Public Law 106-246 (114
Stat. 540) to the Rural Housing Service ``Rental Assistance
Program'' account for projects in North Carolina: Provided,
That the amounts made available by the transfer of funds in or
pursuant to this section are designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
RURAL HOUSING ASSISTANCE GRANTS
Sec. 5102. Notwithstanding any other provision of law, the
Secretary of Agriculture shall consider the Village of New
Miami, Ohio, a rural area for purposes of eligibility for
grants funded through the Rural Housing Assistance Grants
account.
WATERSHED PROJECTS IN WEST VIRGINIA
Sec. 5103. Of the amount provided to the Secretary of
Agriculture under the Consolidated Appropriations Act, 2005
(Public Law 108-447) for the Lost River Watershed project, West
Virginia, $4,000,000 may be transferred to the Upper Tygart
Watershed project, West Virginia, to be used under the same
terms and conditions under which funds for that project were
appropriated in section 735 of the Consolidated Appropriations
Act, 2004 (Public Law 108-199; 118 Stat. 36).
FARM SERVICE AGENCY
Sec. 5104. The funds made available in section 786 of title
VII of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2005
as contained in division A of the Consolidated Appropriations
Act, 2005 (Public Law 108-447) may be applied to accounts of
Alaska dairy farmers owed to the Secretary of Agriculture.
CHAPTER 2
DEPARTMENT OF THE INTERIOR
Departmental Management
SALARIES AND EXPENSES
For an additional amount for ``Departmental Management'',
$3,000,000 to support deployment of business systems to the
bureaus and offices of the Department of the Interior,
including the Financial and Business Management System:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th
Congress).
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
Forest Service
CAPITAL IMPROVEMENT AND MAINTENANCE
For an additional amount for ``Capital Improvement and
Maintenance'', $24,390,000, to remain available until expended,
to repair damages to national forest facilities and lands
caused by severe storms in southern California: Provided, That
such funds shall be available to perform repair activities
including, but not limited to, restoration of roads, trails and
facilities; removal of landslides; drainage protection; waste
removal; and stream stabilization: Provided further, That the
amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of the conference
report to accompany S. Con. Res. 95 (108th Congress).
CHAPTER 3
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
(INCLUDING RESCISSIONS OF FUNDS)
For an additional amount for the ``Public Health and Social
Services Emergency Fund'' in title II of Public Law 108-447,
$10,000,000, to remain available until expended, for an
infrastructure grant to improve the supply of domestically
produced vaccine: Provided, That the entire amount is
designated as an emergency requirement pursuant to section 402
of the conference report to accompany S. Con. Res. 95 (108th
Congress): Provided further, That under the heading ``Health
Resources and Services Administration, Health Resources and
Services'', the unobligated balance for the Health Professions
Teaching Facilities Program authorized in sections 726 and 805
of the Public Health Service Act; the unobligated balance of
the Health Teaching Construction Interest Subsidy Program
authorized in section 726 and title XVI of the Public Health
Service Act; and the unobligated balance of the AIDS Facilities
Renovation and Support Program authorized in title XVI of the
Public Health Service Act are all hereby rescinded: Provided
further, That under the heading ``Office of the Secretary,
Office of the Inspector General'', the unobligated balance of
the Medicaid Fraud Control Program authorized in section 1903
of the Social Security Act and appropriated to the Office of
the Inspector General in the Department of Health and Human
Services is hereby rescinded: Provided further, That under the
heading ``Assistant Secretary for Health Scientific Activities
Overseas (Special Foreign Currency Program)'' the unobligated
balance of the Scientific Activities Overseas (Special Foreign
Currency Program) account within the Department of Health and
Human Services is hereby rescinded.
For an additional amount for the ``Public Health and Social
Services Emergency Fund'' in title II of Public Law 108-447,
$58,000,000, to remain available until expended, to be
transferred to the Centers for Disease Control and Prevention
for the purchase of influenza countermeasures for the Strategic
National Stockpile: Provided, That $58,000,000 appropriated by
section 1897(g) of the Social Security Act, as added by section
1016 of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173) is rescinded.
CHAPTER 4
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
HOUSING FOR PERSONS WITH DISABILITIES
(INCLUDING RESCISSION OF FUNDS)
Of the amount made available under this heading in Public
Law 108-447, $238,080,000 are rescinded.
For an additional amount for ``Housing for Persons with
Disabilities'', $238,080,000, to remain available until
September 30, 2006: Provided, That these funds shall be
available under the same terms and conditions as authorized for
funds under this heading in Public Law 108-447.
Office of Federal Housing Enterprise Oversight
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the ``Office of Federal
Housing Enterprise Oversight'' for carrying out the Federal
Housing Enterprises Financial Safety and Soundness Act of 1992,
$5,000,000 to remain available until expended, to be derived
from the Federal Housing Enterprises Oversight Fund but not any
funds collected under section 1316(c) of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992 (12
U.S.C. 4516(c)): Provided, That notwithstanding section 1316(d)
of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992, any funds collected under section
1316(c) of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 shall not be credited for fiscal year
2006 as surplus under section 1316(d) of such Act or as part of
any assessment to be collected for fiscal year 2006 under
section 1316(a) of such Act:
Provided further, That not to exceed the amount provided
herein shall be available from the general fund of the Treasury
to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund:
Provided further, That the general fund amount shall be reduced
as collections are received during the fiscal year so as to
result in a final appropriation from the general fund estimated
at not more than $0.
TITLE VI--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS
AVAILABILITY OF FUNDS
Sec. 6001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
REFERENCES TO EMERGENCY REQUIREMENTS
Sec. 6002. Any reference in this Act to section 402 of the
conference report to accompany S. Con. Res. 95 (108th Congress)
shall be treated as a reference to the emergency legislation
section of H. Con. Res. 95 (109th Congress), if H. Con. Res. 95
(109th Congress) is adopted prior to the enactment of this Act.
RURAL BUSINESS-COOPERATIVE SERVICE
Sec. 6003. None of the funds made available by this or any
other Act may be used to deny the provision of assistance under
section 310B(a)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(a)(1)) solely due to the failure
of the Secretary of Labor to respond to a request to certify
assistance within the time period specified in section
310B(d)(4) of that Act.
MC CLELLAN KERR NAVIGATION SYSTEM ADVANCED OPERATIONS AND MAINTENANCE
Sec. 6004. The last proviso under the heading ``Operation
and Maintenance'' in title I of division C of Public Law 108-
447 is amended by striking ``Public Law 108-357'' and inserting
``Public Law 108-137''.
ENVIRONMENTAL INFRASTRUCTURE
Sec. 6005. Section 101 of title I of division C of Public
Law 108-447 is amended by striking ``per project'' and all that
follows through the period at the end and inserting ``for all
applicable programs and projects not to exceed $80,000,000 in
each fiscal year.''.
DE SOTO COUNTY, MISSISSIPPI
Sec. 6006. Section 219(f)(30) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 106 Stat. 3757; 113
Stat. 334) is amended by striking ``$20,000,000'' and inserting
``$55,000,000'' in lieu thereof, and by striking ``treatment''
and inserting ``infrastructure'' in lieu thereof: Provided,
That the Secretary is authorized and directed to reimburse the
non-Federal local sponsor of the project described in section
219(f)(30) of the Water Resources Development Act of 1992 (106
Stat. 4835; 106 Stat. 3757; 113 Stat. 334) for costs incurred
between May 13, 2002, and September 30, 2005, in excess of the
required non-Federal share if the Secretary determines that
such costs were incurred for work that is compatible with and
integral to the project: Provided further, That the non-Federal
local sponsor, at its option, may choose to accept, in lieu of
reimbursement, a credit against the non-Federal share of
project cost incurred after May 13, 2002.
FORT PECK FISH HATCHERY, MONTANA
Sec. 6007. Section 325(f)(1)(A) of Public Law 106-541 is
modified by striking ``$20,000,000'' and inserting in lieu
thereof ``$25,000,000''.
INTERCOASTAL WATERWAY, DELAWARE RIVER TO CHESAPEAKE BAY, SR-1 BRIDGE,
DELAWARE
Sec. 6008. The first proviso under the heading ``Operation
and Maintenance'' in title I of division C of Public Law 108-
447 is amended by striking ``October 1, 2003, and September 30,
2004'' and inserting ``October 1, 2004, and September 30,
2005''.
OFFSHORE OIL AND GAS FABRICATION PORTS
Sec. 6009. In determining the economic justification for
navigation projects involving offshore oil and gas fabrication
ports, the Secretary of the Army, acting through the Chief of
Engineers, is directed to measure and include in the National
Economic Development calculation the value of future energy
exploration and production fabrication contracts and
transportation cost savings that would result from larger
navigation channels.
ENVIRONMENTAL INFRASTRUCTURE
Sec. 6010. In division C, title I of the Consolidated
Appropriations Act, 2005 (Public Law 108-447), the item
relating to Corps of Engineers--Civil, Construction, General,
is amended by inserting before the period at the end the
following: ``: Provided further, That of the funds made
available herein for Ohio Environmental Infrastructure,
$500,000 shall be used for the Liberty Little Squaw Creek sewer
upgrade and $1,000,000 shall be used for the Lake County,
Concord Township sanitary sewer line improvement: Provided
further, That of the funds made available herein, $350,000
shall be used to complete design for the St. Croix Falls,
Wisconsin, wastewater infrastructure project''.
INDIANA HARBOR, INDIANA
Sec. 6011. The Secretary of the Army, acting through the
Chief of Engineers, is directed to complete, at full Federal
expense, the Indiana Harbor and Canal, Confined Disposal
Facility, Indiana, currently under construction.
SEMINOLE TRIBE, BIG CYPRESS PROJECT
Sec. 6012. Section 528(b)(3) of the Water Resources
Development Act of 1996 (110 Stat. 3769; 113 Stat. 286) is
amended by adding the following:
``(5) The Seminole Tribe of Florida shall receive a
mitigation credit for 50 percent of the net wetland
benefits derived within the footprint of the Big
Cypress Seminole Reservation Water Conservation Plan
Project. Such credit may be used to meet the mitigation
requirements of section 404 of the Clean Water Act as
they may apply to future projects proposed by the
Seminole Tribe of Florida.''.
SAN GABRIEL BASIN RESTORATION
Sec. 6013. (a) The matter under the heading ``Water and
Related Resources'' in title II of division C of Public Law
108-447 is amended by inserting before the period at the end
the following: ``: Provided further, That $4,023,000 of the
funds appropriated under this heading shall be deposited in the
San Gabriel Basin Restoration Fund established by section 110
of title I of division B of the Miscellaneous Appropriations
Act, 2001 (as enacted into law by Public Law 106-554)''.
(b) Section 110(a)(3)(A)(ii) of the Miscellaneous
Appropriations Act, 2001 (as enacted into law by section
1(a)(4) of Public Law 106-554) as amended is further amended by
inserting the words ``and maintain'' after the word
``operate''.
SILVERY MINNOW OFF-CHANNEL SANCTUARIES
Sec. 6014. The Secretary of the Interior is authorized to
perform such analyses and studies as needed to determine the
viability of establishing an off-channel sanctuary for the Rio
Grande Silvery Minnow in the Middle Rio Grande Valley. In
conducting these studies, the Secretary shall take into
consideration:
(1) providing off-channel, naturalistic habitat
conditions for propagation, recruitment, and
maintenance of Rio Grande silvery minnows; and
(2) minimizing the need for acquiring water or
water rights to operate the sanctuary.
If the Secretary determines the project to be viable, the
Secretary is further authorized to design and construct the
sanctuary and to thereafter operate and maintain the sanctuary.
The Secretary may enter into grant agreements, cooperative
agreements, financial assistance agreements, interagency
agreements, and contracts with Federal and non-Federal entities
to carry out the purposes of this Act.
DESALINATION ACT EXTENSION
Sec. 6015. Section 8 of Public Law 104-298 (The Water
Desalination Act of 1996) (110 Stat. 3624) as amended by
section 210 of Public Law 108-7 (117 Stat. 146) is amended by--
(1) in paragraph (a) by striking ``2004'' and
inserting in lieu thereof ``2005''; and
(2) in paragraph (b) by striking ``2004'' and
inserting in lieu thereof ``2005''.
ENERGY SUPPLY
Sec. 6016. In division C, title III of the Consolidated
Appropriations Act, 2005 (Public Law 108-447), the item
relating to ``Department of Energy, Energy Programs, Energy
Supply'' is amended by inserting before the period at the end
the following: ``: Provided, That $2,000,000 is made available
for the National Center for Manufacturing Sciences in Michigan:
Provided further, That $825,000 is made available for research
and development in California to advance the state of metal
hydride hydrogen storage''.
OFFICE OF SCIENCE
Sec. 6017. In division C, title III of the Consolidated
Appropriations Act, 2005 (Public Law 108-447), the item
relating to ``Department of Energy, Energy Programs, Science''
is amended by inserting ``: Provided, That $2,000,000 is
provided within available funds to continue funding for project
#DE-FG0204ER63842-04090945, the Southeast Regional Cooling,
Heating and Power and Bio-Fuel Application Center, and
$3,000,000 is provided from within available funds for the
University of Texas Southwestern Medical Center, University of
Texas at Dallas Metroplex Comprehensive Imaging Center:
Provided further, That within funds made available herein
$500,000 is provided for the desalination plant technology
program at the University of Nevada-Reno (UNR) and $500,000 for
the Oral History of the Negotiated Settlement project at UNR:
Provided further, That $4,000,000 is to be provided from within
available funds to the Fire Sciences Academy in Elko, Nevada,
for purposes of capital debt service: Provided further, That
$2,000,000 is made available within available funds to upgrade
chemistry laboratories at Drew University, New Jersey'' after
``$3,628,902,000''.
FOSSIL ENERGY
Sec. 6018. In division E, title II of the Consolidated
Appropriations Act, 2005 (Public Law 108-447), the item
relating to ``Department of Energy, Fossil Energy Research and
Development'' is amended by inserting before the period at the
end the following: ``: Provided further, That $1,000,000 is
made available for the National Energy Technology Laboratory in
Pennsylvania to work with the Borough of Versailles,
Pennsylvania, to remediate leaks from abandoned natural gas
wells''.
WEAPONS ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
Sec. 6019. Notwithstanding the provisions of section 302 of
Public Law 102-377 and section 4705 of Public Law 107-314, as
amended, the Department may transfer up to $10,000,000 from the
Weapons Activities appropriation for purposes of carrying out
section 3147 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005, Public Law 108-375:
Provided, That $825,000 is made available for cybersecurity at
Department of Energy laboratories using the CimTrak technology.
DEFENSE ENVIRONMENTAL SERVICES
Sec. 6020. Title III of division C of the Consolidated
Appropriations Act, 2005 (Public Law 108-447) is amended by
inserting before the period at the end of ``Defense
Environmental Services'' the following: ``: Provided, That to
the extent activities to be funded within the `Defense
Environmental Services' cannot be funded without unduly
impacting mission activities and statutory requirements, up to
$30,000,000 from `Defense Site Acceleration Completion' may be
used for these activities: Provided further, That $2,000,000 is
provided within available funds to support desalination
activities in partnership with the Bureau of Reclamation at the
Tularosa Basin desalination facility, New Mexico''.
DEFENSE SITE ACCELERATION COMPLETION TRANSFER TO WEAPONS ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
Sec. 6021. Notwithstanding the provisions of section 302 of
Public Law 102-377 and section 4705 of Public Law 107-314, as
amended, the Department may transfer up to $4,000,000 from the
`Defense Site Acceleration Completion' appropriation to the
`Weapons Activities' appropriation contained in the
Consolidated Appropriations Act, 2005 (Public Law 108-447),
division C--Energy and Water Development.
SMALL BUSINESS CONTRACTING
Sec. 6022. (a) Not later than September 30, 2005, the
Department of Energy and the Small Business Administration
shall enter into a memorandum of understanding setting forth an
appropriate methodology for measuring the achievement of the
Department of Energy with respect to awarding contracts to
small businesses.
(b) The methodology set forth in the memorandum of
understanding entered into under subsection (a) shall, at a
minimum, include--
(1) a method of counting the achievement of the
Department of Energy in awards of--
(A) prime contracts; and
(B) subcontracts to small businesses
awarded by Department of Energy management and
operating, management and integration, and
other facility management prime contractors;
and
(2) uniform criteria that could be used by prime
contractors when measuring the value and number of
subcontracts awarded to small businesses.
(c)(1) Not later than September 30, 2005, the Administrator
of the Small Business Administration, the Chief Counsel for
Advocacy of the Small Business Administration, the Chairman of
the Defense Nuclear Facilities Safety Board, the Secretary of
Energy, and the Administrator of the National Nuclear Security
Administration, shall jointly conduct a study regarding the
feasibility of possible changes to management and operating
contracts and other management contracts within the Department
of Energy to encourage new opportunities for small businesses
to increase their role as prime contractors.
(2) In conducting the study under paragraph (1), the
Administrator of the Small Business Administration, the Chief
Counsel for Advocacy of the Small Business Administration, the
Chairman of the Defense Nuclear Facilities Safety Board, the
Secretary of Energy, and the Administrator of the National
Nuclear Security Administration shall jointly consider the
impact of changes studied on--
(A) accountability, competition, and sound
management practices at the Department of Energy and
its facilities managed by prime contractors;
(B) safety, security, and oversight of Department
of Energy facilities; and
(C) the potential oversight and management
requirements necessary to implement the findings of the
study.
(3) The Administrator of the Small Business Administration,
the Chief Counsel for Advocacy of the Small Business
Administration, the Chairman of the Defense Nuclear Facilities
Safety Board, the Secretary of Energy, and the Administrator of
the National Nuclear Security Administration shall report their
joint findings to--
(A) the Committee on Small Business and
Entrepreneurship, the Committee on Energy and Natural
Resources, the Committee on Armed Services, the
Committee on Homeland Security and Government Affairs,
and the Committee on Appropriations of the Senate; and
(B) the Committee on Small Business, the Committee
on Energy and Commerce, the Committee on Armed
Services, the Committee on Homeland Security, and the
Committee on Appropriations of the House of
Representatives.
(d)(1) Beginning on the date of enactment of this Act and
ending at the conclusion of fiscal year 2007, in any case in
which the Secretary of Energy decides to break-out appropriate
large prime contracts, known as the management and operating
contracts, for award to small businesses, the Secretary shall
consider whether--
(A) the services under the contract have previously
been provided by a small business concern; and
(B) the contract is of the type capable of being
performed by a small business concern.
(2) In the case of a contract awarded by the Department of
Energy as a result of a break-out of subcontracts previously
awarded by management and operating prime contractors and
reawarded as a small business prime contract under paragraph
(1)--
(A) any such contract valued at more than
$25,000,000 shall be required to have a subcontracting
plan for small businesses; and
(B) the Secretary shall make a determination on the
advisability of requiring a local presence for small
business subcontractors.
NUCLEAR WASTE DISPOSAL
Sec. 6023. Title III of division C of the Consolidated
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2951)
is amended in the matter under the heading ``Nuclear Waste
Disposal''--
(1) by inserting ``to be derived from the Nuclear
Waste Fund and'' after ``$346,000,000,''; and
(2) in the second proviso, by striking ``to conduct
scientific oversight responsibilities and participate
in licensing activities pursuant to the Act'' and
inserting ``to participate in licensing activities and
other appropriate activities pursuant to that Act''.
DEPARTMENT OF HOMELAND SECURITY
WORKING CAPITAL FUND
Sec. 6024. None of the funds appropriated or otherwise made
available to the Department of Homeland Security may be used to
make payments to the ``Department of Homeland Security Working
Capital Fund'', except for the activities for fiscal year 2005
contained in the April 11, 2005, report submitted to the
Committees on Appropriations of the Senate and the House of
Representatives on the Department of Homeland Security Working
Capital Fund, and all activities and services funded by the
Federal Emergency Management Agency ``Working Capital Fund''
before March 1, 2003: Provided, That all organizations shall be
charged only for direct usage of each service: Provided
further, That for fiscal year 2005, funding for activities
shall not exceed the amounts listed in the Department of
Homeland Security Working Capital Fund April 11, 2005, report:
Provided further, That any additional activities and amounts
must be approved by the Committees on Appropriations of the
Senate and the House of Representatives 30 days in advance of
obligation.
Sec. 6025. The Department of Homeland Security shall
henceforth provide an appropriations justification for the
``Department of Homeland Security Working Capital Fund'' to the
Committees on Appropriations of the Senate and House of
Representatives: Provided, That an annual appropriations
justification shall be submitted to the Congress as a part of
the President's budget as submitted under Section 1105(a) of
Title 31, United States Code, and shall contain the same level
of detail as the Department's Congressional appropriations
justification in support of the President's budget: Provided
further, That the ``Department of Homeland Security Working
Capital Fund'' Congressional appropriations justification for
fiscal year 2006 shall be submitted within 15 days of enactment
of this Act: Provided further, That the Chief Financial Officer
shall ensure that all planned activities and amounts to be
funded by the ``Department of Homeland Security Working Capital
Fund'', all reimbursable agreements, and all uses of the
Economy Act are explicitly identified in each Congressional
appropriations justification in support of the President's
budget provided for each agency and component of the
Department.
OFFICE OF THE CHIEF INFORMATION OFFICER
Sec. 6026. Of the funds provided under the heading ``Office
of the Chief Information Officer'' in Public Law 108-334,
$5,000,000 shall not be obligated for salaries and expenses
until an expenditure plan is submitted to the Committees on
Appropriations of the Senate and the House of Representatives
for any information technology project that: (1) is funded by
the ``Office of the Chief Information Officer''; or (2) is
funded by multiple components of the Department of Homeland
Security through reimbursable agreements: Provided, That such
expenditure plan shall include each specific project funded,
key milestones, all funding sources for each project, details
of annual and lifecycle costs, and projected cost savings or
cost avoidance to be achieved by project: Provided further,
That the expenditure plan shall include a complete list of all
legacy systems operational as of March 1, 2003, the current
operational status of each system, and the plans for continued
operation or termination of each system.
RESCISSION OF FUNDS
Sec. 6027. Of the funds appropriated by Public Law 108-334
(118 Stat. 1298, 1300, 1302), the following are rescinded:
$500,000 under the heading ``Office of the Secretary and
Executive Management''; $3,300,000 under the heading ``Office
of the Under Secretary for Management''; $76,000,000 under the
heading ``Customs and Border Protection, Salaries and
Expenses''; and $85,200,000 under the heading ``Immigration and
Customs Enforcement, Salaries and Expenses''.
Sec. 6028. Of the unobligated balances available in the
``Department of Homeland Security Working Capital Fund'',
$20,000,000 are rescinded.
REPROGRAMMING AND TRANSFER OF FUNDS
Sec. 6029. Any funds made available to the Department of
Homeland Security by this Act shall be subject to the terms and
conditions of Title V of Public Law 108-334.
BUREAU OF LAND MANAGEMENT, TECHNICAL CORRECTION
Sec. 6030. Section 144 of division E of Public Law 108-447
is amended in paragraph (b)(2) by striking ``September 24,
2004'' and inserting ``November 12, 2004''.
FOREST SERVICE TRANSFER
Sec. 6031. Funds in the amount of $1,500,000, provided in
Public Law 108-447 for the ``Forest Service, Capital
Improvement and Maintenance'' account, are hereby transferred
to the ``Forest Service, State and Private Forestry'' account.
WEST YELLOWSTONE VISITOR INFORMATION CENTER
Sec. 6032. Notwithstanding any other provision of law, the
National Park Service is authorized to expend appropriated
funds for the construction, operations and maintenance of an
expansion to the West Yellowstone Visitor Information Center to
be constructed for visitors to, and administration of,
Yellowstone National Park.
PESTICIDES TOLERANCE FEES
Sec. 6033. None of the funds in this or any other
Appropriations Act may be used by the Environmental Protection
Agency or any other Federal agency to develop, promulgate, or
publish a pesticides tolerance fee rulemaking.
GULF ISLANDS NATIONAL SEASHORE
Sec. 6034. (a) The Secretary of the Interior shall allow
the State of Mississippi, its lessees, contractors, and
permittees, to conduct, under reasonable regulation not
inconsistent with extraction of the oil and gas minerals
reserved by the State of Mississippi in the deed referenced in
subsection (b):
(1) exploration, development and production
operations on sites outside the boundaries of Gulf
Islands National Seashore that use directional drilling
techniques which result in the drill hole crossing into
the Gulf Islands National Seashore and passing under
any land or water the surface of which is owned by the
United States, including terminating in bottom hole
locations thereunder; and
(2) seismic and seismic-related exploration
activities inside the boundaries of Gulf Islands
National Seashore to identify the oil and gas minerals
located within the boundaries of the Gulf Islands
National Seashore under the surface estate conveyed by
the State of Mississippi, all of which oil and gas
minerals the State of Mississippi reserved the right to
extract.
(b) The provisions of subsection (a) shall not take effect
until the State of Mississippi enters into an agreement with
the Secretary providing that any actions by the United States
in relation to the provisions in the section shall not trigger
any reverter of any estate conveyed by the State of Mississippi
to the United States within the Gulf Islands National Seashore
in Chapter 482 of the General Laws of the State of Mississippi,
1971, and the quitclaim deed of June 15, 1972.
SURFACE MINING CONTROL AND RECLAMATION ACT
Sec. 6035. Section 402(b) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by
striking ``June 30, 2005,'' and inserting ``September 30,
2005,''.
RESIDENT AND NONRESIDENT HUNTING AND FISHING REGULATIONS
Sec. 6036. State Regulation of Resident and Nonresident
Hunting and Fishing. (a) Short Title.--This section may be
cited as the ``Reaffirmation of State Regulation of Resident
and Nonresident Hunting and Fishing Act of 2005''.
(b) Declaration of Policy and Construction of Congressional
Silence.--
(1) In general.--It is the policy of Congress that
it is in the public interest for each State to continue
to regulate the taking for any purpose of fish and
wildlife within its boundaries, including by means of
laws or regulations that differentiate between
residents and nonresidents of such State with respect
to the availability of licenses or permits for taking
of particular species of fish or wildlife, the kind and
numbers of fish and wildlife that may be taken, or the
fees charged in connection with issuance of licenses or
permits for hunting or fishing.
(2) Construction of congressional silence.--Silence
on the part of Congress shall not be construed to
impose any barrier under clause 3 of Section 8 of
Article I of the Constitution (commonly referred to as
the ``commerce clause'') to the regulation of hunting
or fishing by a State or Indian tribe.
(c) Limitations.--Nothing in this section shall be
construed--
(1) to limit the applicability or effect of any
Federal law related to the protection or management of
fish or wildlife or to the regulation of commerce;
(2) to limit the authority of the United States to
prohibit hunting or fishing on any portion of the lands
owned by the United States; or
(3) to abrogate, abridge, affect, modify, supersede
or alter any treaty-reserved right or other right of
any Indian tribe as recognized by any other means,
including, but not limited to, agreements with the
United States, Executive Orders, statutes, and judicial
decrees, and by Federal law.
(d) State Defined.--For purposes of this section, the term
``State'' includes the several States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
STATE AND TRIBAL ASSISTANCE GRANTS, TECHNICAL CORRECTIONS
Sec. 6037. The referenced statement of the managers under
the heading ``State and Tribal Assistance Grants'' for the
Environmental Protection Agency in Public Law 106-377, in
reference to item 80, is deemed to be amended by striking all
after ``for'' and inserting in lieu thereof ``wastewater
infrastructure improvements''.
Sec. 6038. The referenced statement of the managers under
the heading ``State and Tribal Assistance Grants'' for the
Environmental Protection Agency in Public Law 108-199 is deemed
to be amended, in reference to item 331, by striking all after
``to'' and inserting in lieu thereof ``Wayne County, New York
Water and Sewer Authority for wastewater infrastructure
improvements'' and, in reference to item 25, by striking all
after ``for'' and inserting in lieu thereof ``water and
wastewater improvements''.
Sec. 6039. The referenced statement of the managers under
the heading ``State and Tribal Assistance Grants'' for the
Environmental Protection Agency in Public Law 108-447 is deemed
to be amended, in reference to item 235, by striking
``$650,000'' and inserting in lieu thereof ``$1,000,000'' and
is deemed to be amended by adding ``668. $150,000 to the City
of Oldsmar, Florida for water and wastewater infrastructure
improvements.''.
TRANSFER AUTHORITY
Sec. 6040. (a) Section 102 of division F of Public Law 108-
447 is hereby repealed.
(b) Section 208 of division F of Public Law 108-447 is
amended by inserting before the period at the end the
following: ``: Provided further, That such authority shall be
limited to emergency use only, and is not to be used to create
new programs, or to fund any project or activity for which no
funds were provided''.
TECHNICAL CORRECTIONS--FUND FOR THE IMPROVEMENT OF EDUCATION--FISCAL
YEAR 2005
Sec. 6041. In the statement of the managers of the
committee of conference accompanying H.R. 4818 (Public Law 108-
447; House Report 108-792), in the matter in title III of
division F, relating to the Fund for the Improvement of
Education under the heading ``Innovation and Improvement''--
(1) the provision specifying $500,000 for the
Mississippi Museum of Art, Jackson, MS for Hardy Middle
School After School Program shall be deemed to read
``Mississippi Museum of Art, Jackson, MS for a
Mississippi Museum of Art After-School Collaborative'';
(2) the provision specifying $2,000,000 for the
Milken Family Foundation, Santa Monica, CA, for the
Teacher Advancement Program shall be deemed to read
``Teacher Advancement Program Foundation, Santa Monica,
CA for the Teacher Advancement Program'';
(3) the provision specifying $1,000,000 for Batelle
for Kids, Columbus, OH for a multi-state effort to
evaluate and learn the most effective ways for
accelerating student academic growth shall be deemed to
read ``Battelle for Kids, Columbus, OH for a multi-
state effort to implement, evaluate and learn the most
effective ways for accelerating student academic
growth'';
(4) the provision specifying $750,000 for the
Institute of Heart Math, Boulder Creek, CO for a
teacher retention and student dropout prevention
program shall be deemed to read ``Institute of Heart
Math, Boulder Creek, CA for a teacher retention and
student dropout prevention program'';
(5) the provision specifying $200,000 for Fairfax
County Public Schools, Fairfax, VA for Chinese language
programs in Franklin Sherman Elementary School and
Chesterbrook Elementary School in McLean, Virginia
shall be deemed to read ``Fairfax County Public
Schools, Fairfax, VA for Chinese language programs in
Shrevewood Elementary School and Wolftrap Elementary
School'';
(6) the provision specifying $1,250,000 for the
University of Alaska/Fairbanks in Fairbanks, AK,
working with the State of Alaska and Catholic Community
Services, for the Alaska System for Early Education
Development (SEED) shall be deemed to read ``University
of Alaska/Southeast in Juneau, AK, working with the
State of Alaska and Catholic Community Services, for
the Alaska System for Early Education Development
(SEED)'';
(7) the provision specifying $25,000 for QUILL
Productions, Inc., Aston, PA, to develop and
disseminate programs to enhance the teaching of
American history shall be deemed to read ``QUILL
Entertainment Company, Aston, PA, to develop and
disseminate programs to enhance the teaching of
American history'';
(8) the provision specifying $780,000 for City of
St. Charles, MO for the St. Charles Foundry Arts Center
in support of arts education shall be deemed to read
``The Foundry Art Centre, St. Charles, Missouri for
support of arts education in conjunction with the City
of St. Charles, MO'';
(9) the provision specifying $100,000 for Community
Arts Program, Chester, PA, for arts education shall be
deemed to read ``Chester Economic Development
Authority, Chester, PA for a community arts program'';
(10) the provision specifying $100,000 for Kids
with A Promise--The Bowery Mission, Bushkill, PA shall
be deemed to read ``Kids with A Promise--The Bowery
Mission, New York, NY'';
(11) the provision specifying $50,000 for Great
Projects Film Company, Inc., Washington, DC, to produce
``Educating America'', a documentary about the
challenges facing our public schools shall be deemed to
read ``Great Projects Film Company, Inc., New York, NY,
to produce `Educating America', a documentary about the
challenges facing our public schools'';
(12) the provision specifying $30,000 for Summer
Camp Opportunities Provide an Edge (SCOPE), New York,
NY for YMCA Camps Skycrest, Speers and Elijabar shall
be deemed to read ``American Camping Association for
Summer Camp Opportunities Provide an Edge (SCOPE), New
York, NY for YMCA Camps Skycrest and Speers-Elijabar'';
(13) the provision specifying $163,000 for Space
Education Initiatives, Green Bay, WI for the Wisconsin
Space Science Initiative shall be deemed to read
``Space Education Initiatives, De Pere, WI for the
Wisconsin Space Science Initiative'';
(14) the provision specifying $100,000 for Clarion
County Career Center, Shippenville, PA for curriculum
development shall be deemed to read ``Clarion County
Career Center, Shippenville, PA for curriculum
development, technology and/or equipment'';
(15) the provision specifying $100,000 for Central
Pennsylvania Institute of Science and Technology,
Pleasant Gap, PA for curriculum development shall be
deemed to read ``Central Pennsylvania Institute of
Science and Technology, Pleasant Gap, PA for curriculum
development, technology and/or equipment'';
(16) the provision specifying $100,000 for Forest
Area High School, Tionesta, PA, for curriculum
development shall be deemed to read ``Forest Area High
School, Tionesta, PA for curriculum development,
technology and/or equipment'';
(17) the provision specifying $100,000 for Jersey
Shore High School, Jersey Shore, PA, for curriculum
development shall be deemed to read ``Jersey Shore High
School, Jersey Shore, PA for curriculum development,
technology and/or equipment'';
(18) the provision specifying $100,000 for
Montgomery Area School District, Montgomery, PA for
curriculum development shall be deemed to read
``Montgomery Area School District, Montgomery, PA for
curriculum development, technology and/or equipment'';
(19) the provision specifying $100,000 for Southern
Tioga School District, Blossburg, PA for curriculum
development shall be deemed to read ``Southern Tioga
School District, Blossburg, PA for curriculum
development, technology and/or equipment'';
(20) the provision specifying $300,000 for Venango
County AVTS, Oil City, PA for curriculum development
shall be deemed to read ``Venango County AVTS, Oil
City, PA for curriculum development, technology and/or
equipment'';
(21) the provision specifying $100,000 for Warren
County Career Center, Warren, PA, for curriculum
development shall be deemed to read ``Warren County
Career Center, Warren, PA for curriculum development,
technology and/or equipment''; and
(22) the provision specifying $100,000 for
Wellsboro Area School District, Wellsboro, PA, for
curriculum development shall be deemed to read
``Wellsboro Area School District, Wellsboro, PA for
curriculum development, technology and/or equipment''.
TECHNICAL CORRECTIONS--FUND FOR THE IMPROVEMENT OF POSTSECONDARY
EDUCATION--FISCAL YEAR 2005
Sec. 6042. In the statement of the managers of the
committee of conference accompanying H.R. 4818 (Public Law 108-
447; House Report 108-792), in the matter in title III of
division F, relating to the Fund for the Improvement of
Postsecondary Education under the heading ``Higher
Education''--
(1) the provision specifying $145,000 for the
Belin-Blank Center at the University of Iowa, Iowa
City, IA for the Big 10 school initiative to improve
minority student access to Advanced Placement courses
shall be deemed to read ``University of Iowa, Iowa
City, IA for the Iowa and Israel: Partners in
Excellence program to enhance math and science
opportunities to rural Iowa students'';
(2) the provision specifying $150,000 for Mercy
College, Dobbs Ferry, NY for the development of a
registered nursing program shall be deemed to read
``Mercy College, Dobbs Ferry, NY, for the development
of a master's degree program in nursing education,
including marketing and recruitment activities'';
(3) the provision specifying $100,000 for
University of Alaska/Southeast to develop distance
education coursework for arctic engineering courses and
programs shall be deemed to read ``University of Alaska
System Office to develop distance education coursework
for arctic engineering courses and programs'';
(4) the provision specifying $170,000 for
Shippensburg University Foundation, Shippensburg, PA,
for the Center for Land Use shall be deemed to read
``Shippensburg University, Shippensburg, PA, for the
Center for Land Use''; and
(5) the provision specifying $100,000 for Culver-
Stockton College, Canton, MO for equipment and
technology shall be deemed to read ``Moberly Area
Community College, Moberly, MO for equipment and
technology''.
TECHNICAL CORRECTIONS--FUND FOR THE IMPROVEMENT OF EDUCATION--FISCAL
YEAR 2004
Sec. 6043. In the statement of the managers of the
committee of conference accompanying H.R. 2673 (Public Law 108-
199; House Report 108-401), in the matter in title III of
division E, relating to the Fund for the Improvement of
Education under the heading ``Innovation and Improvement'' the
provision specifying $1,500,000 for the University of Alaska at
Fairbanks for Alaska System for Early Education Development
(SEED) program to expand early childhood services and to train
Early Head Start teachers with AAS degrees for positions in
rural Alaska shall be deemed to read ``University of Alaska/
Southeast in Juneau, AK, working with the State of Alaska and
Catholic Community Services, for the Alaska System for Early
Education Development (SEED) program to expand early childhood
services and to train Early Head Start teachers with AAS
degrees for positions in rural Alaska''.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR GRANT REVIEWS
Sec. 6044. The matter under the heading ``Corporation for
National and Community Service--National and Community Service
Programs Operating Expenses'' in title III of division I of
Public Law 108-447 is amended by inserting before the period at
the end the following: ``: Provided further, That the
Corporation may use up to 1 percent of program grant funds made
available under this heading to defray its costs of conducting
grant application reviews, including the use of outside peer
reviewers''.
MEDICARE HEALTH CARE INFRASTRUCTURE IMPROVEMENT PROGRAM
Sec. 6045. (a) In General.--Section 1897(c) of the Social
Security Act (42 U.S.C. 1395hhh(c)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph
(A), by inserting ``or an entity described in
paragraph (3)'' after ``means a hospital''; and
(B) in subparagraph (B)--
(i) by inserting ``legislature''
after ``State'' the first place it
appears; and
(ii) by inserting ``and such
designation by the State legislature
occurred prior to December 8, 2003''
before the period at the end; and
(2) by adding at the end the following new
paragraph:
``(3) Entity described.--An entity described in
this paragraph is an entity that--
``(A) is described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code;
``(B) has at least 1 existing memorandum of
understanding or affiliation agreement with a
hospital located in the State in which the
entity is located; and
``(C) retains clinical outpatient treatment
for cancer on site as well as lab research and
education and outreach for cancer in the same
facility.''.
(b) Limitation on Review.--Section 1897 of the Social
Security Act (42 U.S.C. 1395hhh(c)) is amended by adding at the
end the following new subsection:
``(i) Limitation on Review.--There shall be no
administrative or judicial review of any determination made by
the Secretary under this section.''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of section
1016 of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2447).
APPLICATION PROCESSING AND ENFORCEMENT FEES
Sec. 6046. Section 286(s)(6) of the Immigration and
Nationality Act (8 U.S.C. 1356(s)(6)) is amended in the second
sentence by inserting ``and section 212(a)(5)(A)'' before the
period at the end.
TECHNICAL CORRECTION--HIGHER EDUCATION
(INCLUDING RESCISSION OF FUNDS)
Sec. 6047. (a) Rescission.--Of the funds made available
under the heading ``Higher Education'' in title III of division
F of Public Law 108-447, $496,000 is rescinded, to be derived
from the amount provided pursuant to the last proviso under
such heading for the IWF Leadership Foundation, Washington, DC,
for a scholarship fund.
(b) Appropriation.--The amount rescinded by subsection (a)
is appropriated for ``General Services Administration--
Operating Expenses'', for a grant to the IWF Leadership
Foundation, Washington, DC, for a scholarship fund.
COPYRIGHT ROYALTY JUDGES
Sec. 6048. (a) The item relating to ``LIBRARY OF CONGRESS--
Copyright Office--salaries and expenses'' in the Legislative
Branch Appropriations Act, 2005 (Public Law 108-447; 118 Stat.
3187), is amended by striking the period at the end and
inserting the following: ``: Provided further, That
notwithstanding any provision of chapter 8 of title 17, United
States Code, any amounts made available under this heading
which are attributable to royalty fees and payments received by
the Copyright Office pursuant to sections 111 and 119, and
chapter 10 of such title may be used for the costs incurred in
the administration of the Copyright Royalty Judges program
during any portion of fiscal year 2005 in which such program is
in effect.''.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of the Legislative Branch
Appropriations Act, 2005.
CAPITOL VISITOR CENTER
Sec. 6049. (a) The item relating to ``Architect of the
Capitol--Capitol Visitor Center'' in the Legislative Branch
Appropriations Act, 2002 (Public Law 107-68; 115 Stat. 588), is
amended by striking ``chair and ranking minority member of
the''.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of the Legislative Branch
Appropriations Act, 2002.
TECHNICAL CORRECTION
Sec. 6050. Notwithstanding any other provision of law,
unexpended and unobligated funds appropriated by Public Law
108-7 to the accounts under the heading ``SENATE'' relating to
Legislative Branch appropriations shall remain available
without fiscal year limitation: Provided, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report to
accompany S. Con. Res. 95 (108th Congress).
TECHNICAL CORRECTIONS--NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION--FISCAL YEAR 2005
Sec. 6051. The referenced statement of managers under the
heading ``National Oceanic and Atmospheric Administration'' in
title II of division B of Public Law 108-447 is deemed to be
amended after ``Bonneau Ferry, SC'' by striking ``20,000'' and
inserting ``19,200'' in the ``Procurement, Acquisition and
Construction'' account: Provided, That the difference in these
amounts is available for transfer to the ``Operations,
Research, and Facilities'' account for ``Response and
Restoration Base''.
Sec. 6052. The referenced statement of managers under the
heading ``National Oceanic and Atmospheric Administration'' in
title II of division B of Public Law 108-447 is deemed to be
amended under the heading ``Construction/Acquisition, Coastal
and Estuarine Land Conservation Program'' by striking ``Tonner
Canyon, CA'' and inserting ``Tolay Lake, Sonoma County, CA''.
Sec. 6053. The referenced statement of managers under the
heading ``National Oceanic and Atmospheric Administration'' in
title II of division B of Public Law 108-447 is deemed to be
amended under the heading ``Construction/Acquisition, Coastal
and Estuarine Land Conservation Program'' by striking ``Port
Aransas Nature Preserve Wetlands Project, TX--3,000'' and under
the heading ``Section 2 (FWCA) Coastal/Estuarine Land
Acquisition'' by inserting ``Port Aransas Nature Preserve
Wetlands Project, TX--3,000''.
SMALL BUSINESS ADMINISTRATION--TECHNICAL CORRECTIONS
Sec. 6054. Section 621 of title VI of division B of Public
Law 108-199 is amended by striking ``of passenger, cargo and
other aviation services''.
Sec. 6055. Section 619(a) of title VI of division B of
Public Law 108-447 is amended by striking ``Asheville-Buncombe
Technical Community College'' and inserting ``the International
Small Business Institute''.
Sec. 6056. (a) Section 619(a) of title VI of division B of
Public Law 108-447 is amended by striking ``for the continued
modernization of the Mason Building''.
(b) Section 621 of title VI of division B of Public Law
108-199, as amended by Public Law 108-447, is amended by
striking ``, for the continued modernization of the Mason
Building''.
Sec. 6057. (a) Section 633 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2001 (as enacted into law by Public Law
106-553) and section 629 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2002 (Public Law 107-77) are each amended
by striking ``NTTC at Wheeling Jesuit University'' and
inserting ``West Virginia High Technology Consortium
Foundation''.
(b) The amendments made by subsection (a) shall apply to
the remaining balances of the grants involved.
TECHNICAL CORRECTION--BANKRUPTCY
Sec. 6058. (a) Section 325 of the Bankruptcy Abuse
Prevention and Consumer Protection Act of 2005 is amended to
read as follows:
``SEC. 325. UNITED STATES TRUSTEE PROGRAM FILING FEE INCREASE.
``(a) Bankruptcy Filing Fees.--Section 1930(a) of title 28,
United States Code, is amended--
``(1) by striking paragraph (1) and inserting the
following:
`` `(1) For a case commenced under--
`` `(A) chapter 7 of title 11, $220, and
`` `(B) chapter 13 of title 11, $150.'; and
``(2) in paragraph (3), by striking `$800' and
inserting `$1,000'.
``(b) United States Trustee System Fund.--Section 589a(b)
of title 28, United States Code, is amended--
``(1) by striking paragraph (1) and inserting the
following:
`` `(1)(A) 40.46 percent of the fees collected
under section 1930(a)(1)(A); and
`` `(B) 28.33 percent of the fees collected under
section 1930(a)(1)(B);'; and
``(2) in paragraph (2), by striking `one-half' and
inserting `55 percent'.
``(c) Collections and Deposits of Miscellaneous Bankruptcy
Fees.--Section 406(b) of the Judiciary Appropriations Act, 1990
(28 U.S.C. 1931 note) is amended by striking `pursuant to 28
U.S.C. section 1930(b)' and all that follows through `28 U.S.C.
section 1931' and inserting `under section 1930(b) of title 28,
United States Code, 28.87 percent of the fees collected under
section 1930(a)(1)(A) of that title, 35.00 percent of the fees
collected under section 1930(a)(1)(B) of that title, and 25
percent of the fees collected under section 1930(a)(3) of that
title shall be deposited as offsetting receipts to the fund
established under section 1931 of that title'.''.
(b) This section and the amendment made by this section
shall take effect immediately after the enactment of the
Bankruptcy Abuse Prevention and Consumer Protection Act of
2005.
DEPARTMENT OF COMMERCE--CONFERENCE
Sec. 6059. Within the amount provided for the Department of
Commerce in division B of Public Law 108-447, the Secretary of
Commerce shall convene a national conference on science,
technology, trade and manufacturing.
TECHNICAL CORRECTION--9/11 HEROES
Sec. 6060. Subsection (d) of the section 124 that appears
under the item relating to ``General Provisions--Department of
Justice'' of the Consolidated Appropriations Act of 2005
(Public Law 108-447) is amended--
(1) in paragraph (2), by striking ``with the
Secretary of the Treasury to prepare and strike, on a
reimbursable basis,'' and inserting ``for striking'';
and
(2) by striking paragraph (3).
TECHNICAL CORRECTIONS--DEPARTMENT OF TRANSPORTATION
Sec. 6061. The matter under the heading ``Federal Transit
Administration, Capital Investment Grants'' in title I of
division H of Public Law 108-447 is amended by striking
``$3,591,548'' and inserting ``$1,362,683'' and by striking
``$22,554,144'' and inserting ``$12,998,815'': Provided, That
the amount of new fixed guideway funds available for each
project expected to complete its full funding grant agreement
this fiscal year shall not exceed the amount which, when
reduced by the across-the-board rescission of 0.80 percent of
such Act, is equal to the amount of new fixed guideway funds
required to complete the commitment of Federal new fixed
guideway funds reflected in the project's full funding grant
agreement: Provided further, That of the new fixed guideway
funds available in Public Law 108-447, $1,352,899 shall be
available for the Northern New Jersey Newark Rail Link MOS 1
project, no funds shall be available for the Northern New
Jersey Newark-Elizabeth Rail Line MOS 1 project, and $316,427
shall be available for the Northern New Jersey Hudson-Bergen
Light Rail MOS 1 project.
Sec. 6062. Notwithstanding any other provision of law, in
section 1602 of the Transportation Equity Act for the 21st
Century, item number 744 is amended by striking ``Preliminary
design of Route 2 Connector to Downtown Fitchburg'' and
inserting ``design, construction/reconstruction and right of
way acquisition for roadway improvements along the Route 12
corridor in Leominster and Fitchburg to enhance access from
Route 2 to North Leominster and Downtown Fitchburg''.
Sec. 6063. Section 198 of division H of Public Law 108-447
is amended by inserting ``under title 23 of the United States
Code'' after ``law''.
PAYMENTS TO AIR CARRIERS
Sec. 6064. Notwithstanding any other provision of law, for
the current fiscal year and any period covered by an Act making
continuing appropriations for fiscal year 2006, all overflight
fees collected and credited to the account established under
section 45303(a) of title 49, United States Code, shall be made
available immediately for obligation and expenditure to meet
the costs of the essential air service program under 49 U.S.C.
41731 through 41742: Provided, That, if the funds in this
account are insufficient to meet the costs of the essential air
service program in such fiscal year, the Secretary of
Transportation shall transfer such sums as may be necessary to
carry out the essential air service program from any available
amounts appropriated to or directly administered by the Office
of the Secretary for such fiscal year.
MARITIME ADMINISTRATION
Sec. 6065. No provision of this Act may be construed as
altering or amending the force or effect of any of the
following provisions of law as currently applied:
(1) Sections 2631 and 2631a of title 10, United
States Code.
(2) Sections 901(b) and 901b of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1241(b), 1241f).
(3) Public Resolution Numbered 17, Seventy-third
Congress (48 Stat. 500).
(4) Any other similar provision of law requiring
the use of privately owned United States flag
commercial vessels for certain transportation purposes
of the United States.
THE JUDICIARY
Sec. 6066. Section 308 of division B of Public Law 108-447
is amended by striking all after the words ``shall be
deposited'', and inserting ``as offsetting receipts to the fund
established under 28 U.S.C. 1931 and shall remain available to
the Judiciary until expended to reimburse any appropriation for
the amount paid out of such appropriation for expenses of the
Courts of Appeals, District Courts, and Other Judicial Services
and the Administrative Offices of the United States Courts.''.
TECHNICAL CORRECTIONS--GENERAL SERVICES ADMINISTRATION
Sec. 6067. Under the heading ``Federal Buildings Fund'' in
title IV of division H of Public Law 108-447, strike
``$60,000,000'' and insert in lieu thereof ``$60,600,000'' in
reference to the Las Cruces United States Courthouse.
Sec. 6068. Section 408 in title IV of division H of Public
Law 108-447 is amended by striking ``Section 572(a)(2)(ii)''
and inserting in lieu thereof ``Section 572(a)(2)(A)(ii)''.
TECHNICAL CORRECTIONS--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Sec. 6069. (a) The referenced statement of the managers
under the heading ``Community Development Fund'' in title II of
division I of Public Law 108-447 is deemed to be amended--
(1) with respect to item 230 by striking ``City''
and inserting ``Port'';
(2) with respect to item 233 by inserting ``Port
of'' before the words ``Brookings Harbor''; and
(3) with respect to item number 30 by inserting
``to be used for planning, design, and construction''
after ``California,''.
Sec. 6070. The referenced statement of managers under the
heading ``Community Development Fund'' in title II of division
K of Public Law 108-7 is deemed to be amended--
(1) with respect to item number 39 by striking
``Conference and Workforce Center in Harrison,
Arkansas'' and inserting ``in Harrison, Arkansas for
facilities construction of the North Arkansas College
Health Sciences Education Center''; and
(2) with respect to item number 316 by striking
``for renovation of a visitor center to accommodate a
Space and Flight Center'' and inserting ``to build-out
the Prince George's County Economic Development and
Business Assistance Center''.
Sec. 6071. The referenced statement of the managers under
the heading ``Community Development Fund'' in title II of
division G of Public Law 108-199 is deemed to be amended--
(1) with respect to item number 56 by striking
``Conference and Training Center'' and inserting
``North Arkansas College Health Sciences Education
Center'';
(2) with respect to item number 102 by striking
``to the Town of Groveland, California for purchase of
a youth center'' and inserting ``to the County of
Tuolomne for the purchase of a new youth center in the
mountain community of Groveland'';
(3) with respect to item number 218 by striking
``for construction'' and inserting ``for design and
engineering'';
(4) with respect to item number 472 by striking
``for sidewalk, curbs and facade improvements in the
Morton Avenue neighborhood'' and inserting ``for
streetscape renovation'';
(5) with respect to item number 493 by striking
``for land acquisition'' and inserting ``for planning
and design of its Sports and Recreation Center and
Education Complex'';
(6) with respect to item number 122 by inserting
``to be used for planning, design, and construction''
after ``California,'';
(7) with respect to item number 369 by striking
``for the'' after ``Michigan'' and inserting ``to be
used for planning, design, and construction of the'';
and
(8) with respect to item number 450 by striking
``V.I.C.T.E.M. Family Center in Washoe County, Nevada
for the construction of a facility for multi-purpose
social services referral and victim counseling;'' and
inserting ``Washoe County, Nevada for a facility and
equipment for the SART/CARES victim programs;''.
Sec. 6072. The referenced statement of the managers under
the heading ``Community Development Fund'' in title II of
division I of Public Law 108-447 is deemed to be amended as
follows--
(1) with respect to item number 706 by striking ``
a public swimming pool'' and inserting ``recreation
fields'';
(2) with respect to item number 667 by striking
``to the Town of Appomattox, Virginia for facilities
construction of an African-American cultural and
heritage museum at the Carver-Price building'' and
inserting ``to the County of Appomattox, Virginia for
renovation of the Carver-Price building'';
(3) with respect to item number 668 by striking
``for the Town of South Boston, Virginia for
renovations and creation of a community arts center at
the Prizery'' and inserting ``for The Prizery in South
Boston, Virginia for renovations and creation of a
community arts center'';
(4) with respect to item number 669 by striking
``for the City of Moneta, Virginia for facilities
construction and renovations of an art, education, and
community outreach center'' and inserting ``for the
Moneta Arts, Education, and Community Outreach Center
in Moneta, Virginia for facilities construction and
renovations'';
(5) with respect to item number 910 by striking
``repairs to'' and inserting ``renovation and
construction of'';
(6) with respect to item number 902 by striking
``City of Brooklyn'' and inserting ``Fifth Ave
Committee in Brooklyn''; and
(7) with respect to item number 244 by inserting
``Historic'' before the words ``Village, Inc''.
Sec. 6073. (a) Section 222 of title II of division I of
Public Law 108-447 is deleted; and
(b) Section 203(c)(1) of the National Housing Act (12
U.S.C. 1709(c)) is amended by--
(1) striking ``subsections'' and inserting
``subsection'', and
(2) striking ``or (k)'' each place that it appears.
Sec. 6074. Section 255(g) of the National Housing Act (12
U.S.C. 1715z-20(g)) is amended by striking ``150,000'' and
inserting ``250,000''.
Sec. 6075. The matter under the heading relating to
``Public and Indian Housing--public housing capital fund'' in
title II of the Department of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act,
2005 (enacted as Division I of the Consolidated Appropriations
Act, 2005 (Pub. L. 108-447, 118 Stat. 3297)) is amended by
striking the 8th proviso and inserting the following: ``:
Provided further, That up to $3,000,000 is to support the costs
of administrative and judicial receiverships''.
PREPACKAGED NEWS
Sec. 6076. Unless otherwise authorized by existing law,
none of the funds provided in this Act or any other Act, may be
used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the United
States unless the story includes a clear notification within
the text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that executive
branch agency.
LOCAL BUDGET AUTHORITY FOR THE DISTRICT OF COLUMBIA
Sec. 6077. The District of Columbia Appropriations Act,
2005 (Public Law 108-335) approved October 18, 2004, is amended
as follows:
(1) Section 331 is amended as follows:
(A) in the first sentence by striking
``$15,000,000'' and inserting ``$42,000,000, to
remain available until expended,'' in its
place, and
(B) by amending subsection (5) to read as
follows:
``(5) The amounts may be obligated or expended only
if the Mayor notifies the Committees on Appropriations
of the House of Representatives and Senate in writing
30 days in advance of any obligation or expenditure.''.
(2) By inserting a new section before the short
title at the end to read as follows:
``Sec. 348. The amount appropriated by this Act may be
increased by an additional amount of $206,736,000 (including
$49,927,000 from local funds and $156,809,000 from other funds)
to be transferred by the Mayor of the District of Columbia to
the various headings under this Act as follows:
``(1) $174,927,000 (including $34,927,000 from
local funds and $140,000,000 from other funds) shall be
transferred under the heading `Government Direction and
Support': Provided, That of the funds, $33,000,000 from
local funds shall remain available until expended:
Provided further, That of the funds, $140,000,000 from
other funds shall remain available until expended and
shall only be available in conjunction with revenue
from a private or alternative financing proposal
approved pursuant to section 106 of DC Act 15-717, the
`Ballpark Omnibus Financing and Revenue Act of 2004'
approved by the District of Columbia, December 29,
2004, and
``(2) $15,000,000 from local funds shall be
transferred under the heading `Repayment of Loans and
Interest', and
``(3) $14,000,000 from other funds shall be
transferred under the heading `Sports and Entertainment
Commission', and
``(4) $2,809,000 from other funds shall be
transferred under the heading `Water and Sewer
Authority'.''.
USE OF FUNDS FOR EMERGENCY PREPAREDNESS CENTERS
Sec. 6078. Section 114 of title I of division I of the
Consolidated Appropriations Act, 2005 (Public Law 108-447) is
amended by inserting before the period ``and section 303 of
Public Law 108-422''.
COLLECTIONS DEPOSITED INTO PROJECT CONSTRUCTION ACCOUNTS
Sec. 6079. Section 117 of title I of division I of the
Consolidated Appropriations Act, 2005 (Public Law 108-447) is
amended by striking ``that are deposited into the Medical Care
Collections Fund may be transferred and merged with'' and
inserting ``may be deposited into the''.
CONTRACTS FOR HOSPITAL CARE AND MEDICAL SERVICES
Sec. 6080. Section 1703(d)(2) of title 38, United States
Code, is amended by striking ``shall be available for the
purposes'' and inserting ``shall be available, without fiscal
year limitation, for the purposes''.
IMPLEMENTATION OF MISSION CHANGES AT SPECIFIC VETERANS HEALTH
ADMINISTRATION FACILITIES
Sec. 6081. (a) In General.--Section 414 of the Veterans
Health Programs Improvement Act of 2004, is amended by adding
at the end the following:
``(h) Definition.--In this section, the term `medical
center' includes any outpatient clinic.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in the Veterans Health
Programs Improvement Act of 2004 (Public Law 108-422).
This division may be cited as the ``Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005''.
DIVISION B--REAL ID ACT OF 2005
SECTION 1. SHORT TITLE.
This division may be cited as the ``REAL ID Act of 2005''.
TITLE I--AMENDMENTS TO FEDERAL LAWS TO PROTECT AGAINST TERRORIST ENTRY
SEC. 101. PREVENTING TERRORISTS FROM OBTAINING RELIEF FROM REMOVAL.
(a) Conditions for Granting Asylum.--Section 208(b)(1) of
the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)) is
amended--
(1) by striking ``The Attorney General'' the first
place such term appears and inserting the following:
``(A) Eligibility.--The Secretary of
Homeland Security or the Attorney General'';
(2) by striking ``the Attorney General'' the second
and third places such term appears and inserting ``the
Secretary of Homeland Security or the Attorney
General''; and
(3) by adding at the end the following:
``(B) Burden of proof.--
``(i) In general.--The burden of
proof is on the applicant to establish
that the applicant is a refugee, within
the meaning of section 101(a)(42)(A).
To establish that the applicant is a
refugee within the meaning of such
section, the applicant must establish
that race, religion, nationality,
membership in a particular social
group, or political opinion was or will
be at least one central reason for
persecuting the applicant.
``(ii) Sustaining burden.--The
testimony of the applicant may be
sufficient to sustain the applicant's
burden without corroboration, but only
if the applicant satisfies the trier of
fact that the applicant's testimony is
credible, is persuasive, and refers to
specific facts sufficient to
demonstrate that the applicant is a
refugee. In determining whether the
applicant has met the applicant's
burden, the trier of fact may weigh the
credible testimony along with other
evidence of record. Where the trier of
fact determines that the applicant
should provide evidence that
corroborates otherwise credible
testimony, such evidence must be
provided unless the applicant does not
have the evidence and cannot reasonably
obtain the evidence.
``(iii) Credibility
determination.--Considering the
totality of the circumstances, and all
relevant factors, a trier of fact may
base a credibility determination on the
demeanor, candor, or responsiveness of
the applicant or witness, the inherent
plausibility of the applicant's or
witness's account, the consistency
between the applicant's or witness's
written and oral statements (whenever
made and whether or not under oath, and
considering the circumstances under
which the statements were made), the
internal consistency of each such
statement, the consistency of such
statements with other evidence of
record (including the reports of the
Department of State on country
conditions), and any inaccuracies or
falsehoods in such statements, without
regard to whether an inconsistency,
inaccuracy, or falsehood goes to the
heart of the applicant's claim, or any
other relevant factor. There is no
presumption of credibility, however, if
no adverse credibility determination is
explicitly made, the applicant or
witness shall have a rebuttable
presumption of credibility on
appeal.''.
(b) Exceptions to Eligibility for Asylum.--Section
208(b)(2)(A)(v) of the Immigration and Nationality Act (8
U.S.C. 1158(b)(2)(A)(v)) is amended--
(1) by striking ``inadmissible under'' each place
such term appears and inserting ``described in''; and
(2) by striking ``removable under''.
(c) Withholding of Removal.--Section 241(b)(3) of the
Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is
amended by adding at the end the following:
``(C) Sustaining burden of proof;
credibility determinations.--In determining
whether an alien has demonstrated that the
alien's life or freedom would be threatened for
a reason described in subparagraph (A), the
trier of fact shall determine whether the alien
has sustained the alien's burden of proof, and
shall make credibility determinations, in the
manner described in clauses (ii) and (iii) of
section 208(b)(1)(B).''.
(d) Other Requests for Relief From Removal.--Section 240(c)
of the Immigration and Nationality Act (8 U.S.C. 1230(c)) is
amended--
(1) by redesignating paragraphs (4), (5), and (6)
as paragraphs (5), (6), and (7), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Applications for relief from removal.--
``(A) In general.--An alien applying for
relief or protection from removal has the
burden of proof to establish that the alien--
``(i) satisfies the applicable
eligibility requirements; and
``(ii) with respect to any form of
relief that is granted in the exercise
of discretion, that the alien merits a
favorable exercise of discretion.
``(B) Sustaining burden.--The applicant
must comply with the applicable requirements to
submit information or documentation in support
of the applicant's application for relief or
protection as provided by law or by regulation
or in the instructions for the application
form. In evaluating the testimony of the
applicant or other witness in support of the
application, the immigration judge will
determine whether or not the testimony is
credible, is persuasive, and refers to specific
facts sufficient to demonstrate that the
applicant has satisfied the applicant's burden
of proof. In determining whether the applicant
has met such burden, the immigration judge
shall weigh the credible testimony along with
other evidence of record. Where the immigration
judge determines that the applicant should
provide evidence which corroborates otherwise
credible testimony, such evidence must be
provided unless the applicant demonstrates that
the applicant does not have the evidence and
cannot reasonably obtain the evidence.
``(C) Credibility determination.--
Considering the totality of the circumstances,
and all relevant factors, the immigration judge
may base a credibility determination on the
demeanor, candor, or responsiveness of the
applicant or witness, the inherent plausibility
of the applicant's or witness's account, the
consistency between the applicant's or
witness's written and oral statements (whenever
made and whether or not under oath, and
considering the circumstances under which the
statements were made), the internal consistency
of each such statement, the consistency of such
statements with other evidence of record
(including the reports of the Department of
State on country conditions), and any
inaccuracies or falsehoods in such statements,
without regard to whether an inconsistency,
inaccuracy, or falsehood goes to the heart of
the applicant's claim, or any other relevant
factor. There is no presumption of credibility,
however, if no adverse credibility
determination is explicitly made, the applicant
or witness shall have a rebuttable presumption
of credibility on appeal.''.
(e) Standard of Review for Orders of Removal.--Section
242(b)(4) of the Immigration and Nationality Act (8 U.S.C.
1252(b)(4)) is amended by adding at the end, after subparagraph
(D), the following: ``No court shall reverse a determination
made by a trier of fact with respect to the availability of
corroborating evidence, as described in section 208(b)(1)(B),
240(c)(4)(B), or 241(b)(3)(C), unless the court finds, pursuant
to section 242(b)(4)(B), that a reasonable trier of fact is
compelled to conclude that such corroborating evidence is
unavailable.''.
(f) Clarification of Discretion.--Section 242(a)(2)(B) of
the Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) is
amended--
(1) by inserting ``or the Secretary of Homeland
Security'' after ``Attorney General'' each place such
term appears; and
(2) in the matter preceding clause (i), by
inserting ``and regardless of whether the judgment,
decision, or action is made in removal proceedings,''
after ``other provision of law,''.
(g) Removal of Caps.--
(1) Asylees.--Section 209 of the Immigration and
Nationality Act (8 U.S.C. 1159) is amended--
(A) in subsection (a)(1)--
(i) by striking ``Service'' and
inserting ``Department of Homeland
Security''; and
(ii) by striking ``Attorney
General'' each place such term appears
and inserting ``Secretary of Homeland
Security or the Attorney General'';
(B) in subsection (b)--
(i) by striking ``Not more'' and
all that follows through ``asylum who--
'' and inserting ``The Secretary of
Homeland Security or the Attorney
General, in the Secretary's or the
Attorney General's discretion and under
such regulations as the Secretary or
the Attorney General may prescribe, may
adjust to the status of an alien
lawfully admitted for permanent
residence the status of any alien
granted asylum who--''; and
(ii) in the matter following
paragraph (5), by striking ``Attorney
General'' and inserting ``Secretary of
Homeland Security or the Attorney
General''; and
(C) in subsection (c), by striking
``Attorney General'' and inserting ``Secretary
of Homeland Security or the Attorney General''.
(2) Persons resisting coercive population control
methods.--Section 207(a) of the Immigration and
Nationality Act (8 U.S.C. 1157(a)) is amended by
striking paragraph (5).
(h) Effective Dates.--
(1) The amendments made by paragraphs (1) and (2)
of subsection (a) shall take effect as if enacted on
March 1, 2003.
(2) The amendments made by subsections (a)(3), (b),
(c), and (d) shall take effect on the date of the
enactment of this division and shall apply to
applications for asylum, withholding, or other relief
from removal made on or after such date.
(3) The amendment made by subsection (e) shall take
effect on the date of the enactment of this division
and shall apply to all cases in which the final
administrative removal order is or was issued before,
on, or after such date.
(4) The amendments made by subsection (f) shall
take effect on the date of the enactment of this
division and shall apply to all cases pending before
any court on or after such date.
(5) The amendments made by subsection (g) shall
take effect on the date of the enactment of this
division.
(i) Repeal.--Section 5403 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) is
repealed.
SEC. 102. WAIVER OF LEGAL REQUIREMENTS NECESSARY FOR IMPROVEMENT OF
BARRIERS AT BORDERS; FEDERAL COURT REVIEW.
Section 102(c) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is
amended to read as follows:
``(c) Waiver.--
``(1) In general.--Notwithstanding any other
provision of law, the Secretary of Homeland Security
shall have the authority to waive all legal
requirements such Secretary, in such Secretary's sole
discretion, determines necessary to ensure expeditious
construction of the barriers and roads under this
section. Any such decision by the Secretary shall be
effective upon being published in the Federal Register.
``(2) Federal court review.--
``(A) In general.--The district courts of
the United States shall have exclusive
jurisdiction to hear all causes or claims
arising from any action undertaken, or any
decision made, by the Secretary of Homeland
Security pursuant to paragraph (1). A cause of
action or claim may only be brought alleging a
violation of the Constitution of the United
States. The court shall not have jurisdiction
to hear any claim not specified in this
subparagraph.
``(B) Time for filing of complaint.--Any
cause or claim brought pursuant to subparagraph
(A) shall be filed not later than 60 days after
the date of the action or decision made by the
Secretary of Homeland Security. A claim shall
be barred unless it is filed within the time
specified.
``(C) Ability to seek appellate review.--An
interlocutory or final judgment, decree, or
order of the district court may be reviewed
only upon petition for a writ of certiorari to
the Supreme Court of the United States.''.
SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TERRORIST-RELATED
ACTIVITIES.
(a) In General.--So much of section 212(a)(3)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) as
precedes the final sentence is amended to read as follows:
``(i) In general.--Any alien who--
``(I) has engaged in a
terrorist activity;
``(II) a consular officer,
the Attorney General, or the
Secretary of Homeland Security
knows, or has reasonable ground
to believe, is engaged in or is
likely to engage after entry in
any terrorist activity (as
defined in clause (iv));
``(III) has, under
circumstances indicating an
intention to cause death or
serious bodily harm, incited
terrorist activity;
``(IV) is a representative
(as defined in clause (v)) of--
``(aa) a terrorist
organization (as
defined in clause
(vi)); or
``(bb) a political,
social, or other group
that endorses or
espouses terrorist
activity;
``(V) is a member of a
terrorist organization
described in subclause (I) or
(II) of clause (vi);
``(VI) is a member of a
terrorist organization
described in clause (vi)(III),
unless the alien can
demonstrate by clear and
convincing evidence that the
alien did not know, and should
not reasonably have known, that
the organization was a
terrorist organization;
``(VII) endorses or
espouses terrorist activity or
persuades others to endorse or
espouse terrorist activity or
support a terrorist
organization;
``(VIII) has received
military-type training (as
defined in section 2339D(c)(1)
of title 18, United States
Code) from or on behalf of any
organization that, at the time
the training was received, was
a terrorist organization (as
defined in clause (vi)); or
``(IX) is the spouse or
child of an alien who is
inadmissible under this
subparagraph, if the activity
causing the alien to be found
inadmissible occurred within
the last 5 years, is
inadmissible.''.
(b) Engage in Terrorist Activity Defined.--Section
212(a)(3)(B)(iv) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(iv)) is amended to read as follows:
``(iv) Engage in terrorist activity
defined.--As used in this Act, the term
`engage in terrorist activity' means,
in an individual capacity or as a
member of an organization--
``(I) to commit or to
incite to commit, under
circumstances indicating an
intention to cause death or
serious bodily injury, a
terrorist activity;
``(II) to prepare or plan a
terrorist activity;
``(III) to gather
information on potential
targets for terrorist activity;
``(IV) to solicit funds or
other things of value for--
``(aa) a terrorist
activity;
``(bb) a terrorist
organization described
in clause (vi)(I) or
(vi)(II); or
``(cc) a terrorist
organization described
in clause (vi)(III),
unless the solicitor
can demonstrate by
clear and convincing
evidence that he did
not know, and should
not reasonably have
known, that the
organization was a
terrorist organization;
``(V) to solicit any
individual--
``(aa) to engage in
conduct otherwise
described in this
subsection;
``(bb) for
membership in a
terrorist organization
described in clause
(vi)(I) or (vi)(II); or
``(cc) for
membership in a
terrorist organization
described in clause
(vi)(III) unless the
solicitor can
demonstrate by clear
and convincing evidence
that he did not know,
and should not
reasonably have known,
that the organization
was a terrorist
organization; or
``(VI) to commit an act
that the actor knows, or
reasonably should know, affords
material support, including a
safe house, transportation,
communications, funds, transfer
of funds or other material
financial benefit, false
documentation or
identification, weapons
(including chemical,
biological, or radiological
weapons), explosives, or
training--
``(aa) for the
commission of a
terrorist activity;
``(bb) to any
individual who the
actor knows, or
reasonably should know,
has committed or plans
to commit a terrorist
activity;
``(cc) to a
terrorist organization
described in subclause
(I) or (II) of clause
(vi) or to any member
of such an
organization; or
``(dd) to a
terrorist organization
described in clause
(vi)(III), or to any
member of such an
organization, unless
the actor can
demonstrate by clear
and convincing evidence
that the actor did not
know, and should not
reasonably have known,
that the organization
was a terrorist
organization.''.
(c) Terrorist Organization Defined.--Section
212(a)(3)(B)(vi) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(vi)) is amended to read as follows:
``(vi) Terrorist organization
defined.--As used in this section, the
term `terrorist organization' means an
organization--
``(I) designated under
section 219;
``(II) otherwise
designated, upon publication in
the Federal Register, by the
Secretary of State in
consultation with or upon the
request of the Attorney General
or the Secretary of Homeland
Security, as a terrorist
organization, after finding
that the organization engages
in the activities described in
subclauses (I) through (VI) of
clause (iv); or
``(III) that is a group of
two or more individuals,
whether organized or not, which
engages in, or has a subgroup
which engages in, the
activities described in
subclauses (I) through (VI) of
clause (iv).''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this
division, and these amendments, and section 212(a)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), as
amended by this section, shall apply to--
(1) removal proceedings instituted before, on, or
after the date of the enactment of this division; and
(2) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after such date.
SEC. 104. WAIVER FOR CERTAIN GROUNDS OF INADMISSIBILITY.
Section 212(d)(3) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(3)) is amended--
(1) by striking ``(3)'' and inserting ``(3)(A)'';
(2) by striking ``alien (A)'' and inserting ``alien
(i)'';
(3) by striking ``or (B)'' and inserting ``or
(ii)''; and
(4) by adding at the end the following:
``(B)(i) The Secretary of State, after consultation with
the Attorney General and the Secretary of Homeland Security, or
the Secretary of Homeland Security, after consultation with the
Secretary of State and the Attorney General, may conclude in
such Secretary's sole unreviewable discretion that subsection
(a)(3)(B)(i)(IV)(bb) or (a)(3)(B)(i)(VII) shall not apply to an
alien, that subsection (a)(3)(B)(iv)(VI) shall not apply with
respect to any material support an alien afforded to an
organization or individual that has engaged in a terrorist
activity, or that subsection (a)(3)(B)(vi)(III) shall not apply
to a group solely by virtue of having a subgroup within the
scope of that subsection. The Secretary of State may not,
however, exercise discretion under this clause with respect to
an alien once removal proceedings against the alien are
instituted under section 240.
``(ii) Not later than 90 days after the end of each fiscal
year, the Secretary of State and the Secretary of Homeland
Security shall each provide to the Committees on the Judiciary
of the House of Representatives and of the Senate, the
Committee on International Relations of the House of
Representatives, the Committee on Foreign Relations of the
Senate, and the Committee on Homeland Security of the House of
Representatives a report on the aliens to whom such Secretary
has applied clause (i). Within one week of applying clause (i)
to a group, the Secretary of State or the Secretary of Homeland
Security shall provide a report to such Committees.''.
SEC. 105. REMOVAL OF TERRORISTS.
(a) In General.--
(1) In general.--Section 237(a)(4)(B) of the
Immigration and Nationality Act (8 U.S.C.
1227(a)(4)(B)) is amended to read as follows:
``(B) Terrorist activities.--Any alien who
is described in subparagraph (B) or (F) of
section 212(a)(3) is deportable.''.
(2) Effective date.--The amendment made by
paragraph (1) shall take effect on the date of the
enactment of this division, and the amendment, and
section 237(a)(4)(B) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(4)(B)), as amended by such
paragraph, shall apply to--
(A) removal proceedings instituted before,
on, or after the date of the enactment of this
division; and
(B) acts and conditions constituting a
ground for inadmissibility, excludability,
deportation, or removal occurring or existing
before, on, or after such date.
(b) Repeal.--Effective as of the date of the enactment of
the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458), section 5402 of such Act is repealed, and
the Immigration and Nationality Act shall be applied as if such
section had not been enacted.
SEC. 106. JUDICIAL REVIEW OF ORDERS OF REMOVAL.
(a) In General.--Section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by
inserting ``(statutory or
nonstatutory), including section 2241
of title 28, United States Code, or any
other habeas corpus provision, and
sections 1361 and 1651 of such title''
after ``Notwithstanding any other
provision of law'';
(ii) in each of subparagraphs (B)
and (C), by inserting ``(statutory or
nonstatutory), including section 2241
of title 28, United States Code, or any
other habeas corpus provision, and
sections 1361 and 1651 of such title,
and except as provided in subparagraph
(D)'' after ``Notwithstanding any other
provision of law''; and
(iii) by adding at the end the
following:
``(D) Judicial review of certain legal
claims.--Nothing in subparagraph (B) or (C), or
in any other provision of this Act (other than
this section) which limits or eliminates
judicial review, shall be construed as
precluding review of constitutional claims or
questions of law raised upon a petition for
review filed with an appropriate court of
appeals in accordance with this section.''; and
(B) by adding at the end the following:
``(4) Claims under the united nations convention.--
Notwithstanding any other provision of law (statutory
or nonstatutory), including section 2241 of title 28,
United States Code, or any other habeas corpus
provision, and sections 1361 and 1651 of such title, a
petition for review filed with an appropriate court of
appeals in accordance with this section shall be the
sole and exclusive means for judicial review of any
cause or claim under the United Nations Convention
Against Torture and Other Forms of Cruel, Inhuman, or
Degrading Treatment or Punishment, except as provided
in subsection (e).
``(5) Exclusive means of review.--Notwithstanding
any other provision of law (statutory or nonstatutory),
including section 2241 of title 28, United States Code,
or any other habeas corpus provision, and sections 1361
and 1651 of such title, a petition for review filed
with an appropriate court of appeals in accordance with
this section shall be the sole and exclusive means for
judicial review of an order of removal entered or
issued under any provision of this Act, except as
provided in subsection (e). For purposes of this Act,
in every provision that limits or eliminates judicial
review or jurisdiction to review, the terms `judicial
review' and `jurisdiction to review' include habeas
corpus review pursuant to section 2241 of title 28,
United States Code, or any other habeas corpus
provision, sections 1361 and 1651 of such title, and
review pursuant to any other provision of law
(statutory or nonstatutory).'';
(2) in subsection (b)(9), by adding at the end the
following: ``Except as otherwise provided in this
section, no court shall have jurisdiction, by habeas
corpus under section 2241 of title 28, United States
Code, or any other habeas corpus provision, by section
1361 or 1651 of such title, or by any other provision
of law (statutory or nonstatutory), to review such an
order or such questions of law or fact.''; and
(3) in subsection (g), by inserting ``(statutory or
nonstatutory), including section 2241 of title 28,
United States Code, or any other habeas corpus
provision, and sections 1361 and 1651 of such title''
after ``notwithstanding any other provision of law''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect upon the date of the enactment of this
division and shall apply to cases in which the final
administrative order of removal, deportation, or exclusion was
issued before, on, or after the date of the enactment of this
division.
(c) Transfer of Cases.--If an alien's case, brought under
section 2241 of title 28, United States Code, and challenging a
final administrative order of removal, deportation, or
exclusion, is pending in a district court on the date of the
enactment of this division, then the district court shall
transfer the case (or the part of the case that challenges the
order of removal, deportation, or exclusion) to the court of
appeals for the circuit in which a petition for review could
have been properly filed under section 242(b)(2) of the
Immigration and Nationality Act (8 U.S.C. 1252), as amended by
this section, or under section 309(c)(4)(D) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1101 note). The court of appeals shall treat the
transferred case as if it had been filed pursuant to a petition
for review under such section 242, except that subsection
(b)(1) of such section shall not apply.
(d) Transitional Rule Cases.--A petition for review filed
under former section 106(a) of the Immigration and Nationality
Act (as in effect before its repeal by section 306(b) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1252 note)) shall be treated as if it had been
filed as a petition for review under section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252), as amended by
this section. Notwithstanding any other provision of law
(statutory or nonstatutory), including section 2241 of title
28, United States Code, or any other habeas corpus provision,
and sections 1361 and 1651 of such title, such petition for
review shall be the sole and exclusive means for judicial
review of an order of deportation or exclusion.
TITLE II--IMPROVED SECURITY FOR DRIVERS' LICENSES AND PERSONAL
IDENTIFICATION CARDS
SEC. 201. DEFINITIONS.
In this title, the following definitions apply:
(1) Driver's license.--The term ``driver's
license'' means a motor vehicle operator's license, as
defined in section 30301 of title 49, United States
Code.
(2) Identification card.--The term ``identification
card'' means a personal identification card, as defined
in section 1028(d) of title 18, United States Code,
issued by a State.
(3) Official purpose.--The term ``official
purpose'' includes but is not limited to accessing
Federal facilities, boarding federally regulated
commercial aircraft, entering nuclear power plants, and
any other purposes that the Secretary shall determine.
(4) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
(5) State.--The term ``State'' means a State of the
United States, the District of Columbia, Puerto Rico,
the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, the Trust Territory of the Pacific
Islands, and any other territory or possession of the
United States.
SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR
FEDERAL RECOGNITION.
(a) Minimum Standards for Federal Use.--
(1) In general.--Beginning 3 years after the date
of the enactment of this division, a Federal agency may
not accept, for any official purpose, a driver's
license or identification card issued by a State to any
person unless the State is meeting the requirements of
this section.
(2) State certifications.--The Secretary shall
determine whether a State is meeting the requirements
of this section based on certifications made by the
State to the Secretary. Such certifications shall be
made at such times and in such manner as the Secretary,
in consultation with the Secretary of Transportation,
may prescribe by regulation.
(b) Minimum Document Requirements.--To meet the
requirements of this section, a State shall include, at a
minimum, the following information and features on each
driver's license and identification card issued to a person by
the State:
(1) The person's full legal name.
(2) The person's date of birth.
(3) The person's gender.
(4) The person's driver's license or identification
card number.
(5) A digital photograph of the person.
(6) The person's address of principle residence.
(7) The person's signature.
(8) Physical security features designed to prevent
tampering, counterfeiting, or duplication of the
document for fraudulent purposes.
(9) A common machine-readable technology, with
defined minimum data elements.
(c) Minimum Issuance Standards.--
(1) In general.--To meet the requirements of this
section, a State shall require, at a minimum,
presentation and verification of the following
information before issuing a driver's license or
identification card to a person:
(A) A photo identity document, except that
a non-photo identity document is acceptable if
it includes both the person's full legal name
and date of birth.
(B) Documentation showing the person's date
of birth.
(C) Proof of the person's social security
account number or verification that the person
is not eligible for a social security account
number.
(D) Documentation showing the person's name
and address of principal residence.
(2) Special requirements.--
(A) In general.--To meet the requirements
of this section, a State shall comply with the
minimum standards of this paragraph.
(B) Evidence of lawful status.--A State
shall require, before issuing a driver's
license or identification card to a person,
valid documentary evidence that the person--
(i) is a citizen or national of the
United States;
(ii) is an alien lawfully admitted
for permanent or temporary residence in
the United States;
(iii) has conditional permanent
resident status in the United States;
(iv) has an approved application
for asylum in the United States or has
entered into the United States in
refugee status;
(v) has a valid, unexpired
nonimmigrant visa or nonimmigrant visa
status for entry into the United
States;
(vi) has a pending application for
asylum in the United States;
(vii) has a pending or approved
application for temporary protected
status in the United States;
(viii) has approved deferred action
status; or
(ix) has a pending application for
adjustment of status to that of an
alien lawfully admitted for permanent
residence in the United States or
conditional permanent resident status
in the United States.
(C) Temporary drivers' licenses and
identification cards.--
(i) In general.--If a person
presents evidence under any of clauses
(v) through (ix) of subparagraph (B),
the State may only issue a temporary
driver's license or temporary
identification card to the person.
(ii) Expiration date.--A temporary
driver's license or temporary
identification card issued pursuant to
this subparagraph shall be valid only
during the period of time of the
applicant's authorized stay in the
United States or, if there is no
definite end to the period of
authorized stay, a period of one year.
(iii) Display of expiration date.--
A temporary driver's license or
temporary identification card issued
pursuant to this subparagraph shall
clearly indicate that it is temporary
and shall state the date on which it
expires.
(iv) Renewal.--A temporary driver's
license or temporary identification
card issued pursuant to this
subparagraph may be renewed only upon
presentation of valid documentary
evidence that the status by which the
applicant qualified for the temporary
driver's license or temporary
identification card has been extended
by the Secretary of Homeland Security.
(3) Verification of documents.--To meet the
requirements of this section, a State shall implement
the following procedures:
(A) Before issuing a driver's license or
identification card to a person, the State
shall verify, with the issuing agency, the
issuance, validity, and completeness of each
document required to be presented by the person
under paragraph (1) or (2).
(B) The State shall not accept any foreign
document, other than an official passport, to
satisfy a requirement of paragraph (1) or (2).
(C) Not later than September 11, 2005, the
State shall enter into a memorandum of
understanding with the Secretary of Homeland
Security to routinely utilize the automated
system known as Systematic Alien Verification
for Entitlements, as provided for by section
404 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (110 Stat.
3009-664), to verify the legal presence status
of a person, other than a United States
citizen, applying for a driver's license or
identification card.
(d) Other Requirements.--To meet the requirements of this
section, a State shall adopt the following practices in the
issuance of drivers' licenses and identification cards:
(1) Employ technology to capture digital images of
identity source documents so that the images can be
retained in electronic storage in a transferable
format.
(2) Retain paper copies of source documents for a
minimum of 7 years or images of source documents
presented for a minimum of 10 years.
(3) Subject each person applying for a driver's
license or identification card to mandatory facial
image capture.
(4) Establish an effective procedure to confirm or
verify a renewing applicant's information.
(5) Confirm with the Social Security Administration
a social security account number presented by a person
using the full social security account number. In the
event that a social security account number is already
registered to or associated with another person to
which any State has issued a driver's license or
identification card, the State shall resolve the
discrepancy and take appropriate action.
(6) Refuse to issue a driver's license or
identification card to a person holding a driver's
license issued by another State without confirmation
that the person is terminating or has terminated the
driver's license.
(7) Ensure the physical security of locations where
drivers' licenses and identification cards are produced
and the security of document materials and papers from
which drivers' licenses and identification cards are
produced.
(8) Subject all persons authorized to manufacture
or produce drivers' licenses and identification cards
to appropriate security clearance requirements.
(9) Establish fraudulent document recognition
training programs for appropriate employees engaged in
the issuance of drivers' licenses and identification
cards.
(10) Limit the period of validity of all driver's
licenses and identification cards that are not
temporary to a period that does not exceed 8 years.
(11) In any case in which the State issues a
driver's license or identification card that does not
satisfy the requirements of this section, ensure that
such license or identification card--
(A) clearly states on its face that it may
not be accepted by any Federal agency for
federal identification or any other official
purpose; and
(B) uses a unique design or color indicator
to alert Federal agency and other law
enforcement personnel that it may not be
accepted for any such purpose.
(12) Provide electronic access to all other States
to information contained in the motor vehicle database
of the State.
(13) Maintain a State motor vehicle database that
contains, at a minimum--
(A) all data fields printed on drivers'
licenses and identification cards issued by the
State; and
(B) motor vehicle drivers' histories,
including motor vehicle violations,
suspensions, and points on licenses.
SEC. 203. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN FALSE
IDENTIFICATION DOCUMENTS.
(a) Criminal Penalty.--Section 1028(a)(8) of title 18,
United States Code, is amended by striking ``false
authentication features'' and inserting ``false or actual
authentication features''.
(b) Use of False Driver's License at Airports.--
(1) In general.--The Secretary shall enter, into
the appropriate aviation security screening database,
appropriate information regarding any person convicted
of using a false driver's license at an airport (as
such term is defined in section 40102 of title 49,
United States Code).
(2) False defined.--In this subsection, the term
``false'' has the same meaning such term has under
section 1028(d) of title 18, United States Code.
SEC. 204. GRANTS TO STATES.
(a) In General.--The Secretary may make grants to a State
to assist the State in conforming to the minimum standards set
forth in this title.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for each of the fiscal
years 2005 through 2009 such sums as may be necessary to carry
out this title.
SEC. 205. AUTHORITY.
(a) Participation of Secretary of Transportation and
States.--All authority to issue regulations, set standards, and
issue grants under this title shall be carried out by the
Secretary, in consultation with the Secretary of Transportation
and the States.
(b) Extensions of Deadlines.--The Secretary may grant to a
State an extension of time to meet the requirements of section
202(a)(1) if the State provides adequate justification for
noncompliance.
SEC. 206. REPEAL.
Section 7212 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) is repealed.
SEC. 207. LIMITATION ON STATUTORY CONSTRUCTION.
Nothing in this title shall be construed to affect the
authorities or responsibilities of the Secretary of
Transportation or the States under chapter 303 of title 49,
United States Code.
TITLE III--BORDER INFRASTRUCTURE AND TECHNOLOGY INTEGRATION
SEC. 301. VULNERABILITY AND THREAT ASSESSMENT.
(a) Study.--The Under Secretary of Homeland Security for
Border and Transportation Security, in consultation with the
Under Secretary of Homeland Security for Science and Technology
and the Under Secretary of Homeland Security for Information
Analysis and Infrastructure Protection, shall study the
technology, equipment, and personnel needed to address security
vulnerabilities within the United States for each field office
of the Bureau of Customs and Border Protection that has
responsibility for any portion of the United States borders
with Canada and Mexico. The Under Secretary shall conduct
follow-up studies at least once every 5 years.
(b) Report to Congress.--The Under Secretary shall submit a
report to Congress on the Under Secretary's findings and
conclusions from each study conducted under subsection (a)
together with legislative recommendations, as appropriate, for
addressing any security vulnerabilities found by the study.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Department of Homeland Security
Directorate of Border and Transportation Security such sums as
may be necessary for fiscal years 2006 through 2011 to carry
out any such recommendations from the first study conducted
under subsection (a).
SEC. 302. USE OF GROUND SURVEILLANCE TECHNOLOGIES FOR BORDER SECURITY.
(a) Pilot Program.--Not later than 180 days after the date
of the enactment of this division, the Under Secretary of
Homeland Security for Science and Technology, in consultation
with the Under Secretary of Homeland Security for Border and
Transportation Security, the Under Secretary of Homeland
Security for Information Analysis and Infrastructure
Protection, and the Secretary of Defense, shall develop a pilot
program to utilize, or increase the utilization of, ground
surveillance technologies to enhance the border security of the
United States. In developing the program, the Under Secretary
shall--
(1) consider various current and proposed ground
surveillance technologies that could be utilized to
enhance the border security of the United States;
(2) assess the threats to the border security of
the United States that could be addressed by the
utilization of such technologies; and
(3) assess the feasibility and advisability of
utilizing such technologies to address such threats,
including an assessment of the technologies considered
best suited to address such threats.
(b) Additional Requirements.--
(1) In general.--The pilot program shall include
the utilization of a variety of ground surveillance
technologies in a variety of topographies and areas
(including both populated and unpopulated areas) on
both the northern and southern borders of the United
States in order to evaluate, for a range of
circumstances--
(A) the significance of previous
experiences with such technologies in homeland
security or critical infrastructure protection
for the utilization of such technologies for
border security;
(B) the cost, utility, and effectiveness of
such technologies for border security; and
(C) liability, safety, and privacy concerns
relating to the utilization of such
technologies for border security.
(2) Technologies.--The ground surveillance
technologies utilized in the pilot program shall
include the following:
(A) Video camera technology.
(B) Sensor technology.
(C) Motion detection technology.
(c) Implementation.--The Under Secretary of Homeland
Security for Border and Transportation Security shall implement
the pilot program developed under this section.
(d) Report.--Not later than 1 year after implementing the
pilot program under subsection (a), the Under Secretary shall
submit a report on the program to the Senate Committee on
Commerce, Science, and Transportation, the House of
Representatives Committee on Science, the House of
Representatives Committee on Homeland Security, and the House
of Representatives Committee on the Judiciary. The Under
Secretary shall include in the report a description of the
program together with such recommendations as the Under
Secretary finds appropriate, including recommendations for
terminating the program, making the program permanent, or
enhancing the program.
SEC. 303. ENHANCEMENT OF COMMUNICATIONS INTEGRATION AND INFORMATION
SHARING ON BORDER SECURITY.
(a) In General.--Not later than 180 days after the date of
the enactment of this division, the Secretary of Homeland
Security, acting through the Under Secretary of Homeland
Security for Border and Transportation Security, in
consultation with the Under Secretary of Homeland Security for
Science and Technology, the Under Secretary of Homeland
Security for Information Analysis and Infrastructure
Protection, the Assistant Secretary of Commerce for
Communications and Information, and other appropriate Federal,
State, local, and tribal agencies, shall develop and implement
a plan--
(1) to improve the communications systems of the
departments and agencies of the Federal Government in
order to facilitate the integration of communications
among the departments and agencies of the Federal
Government and State, local government agencies, and
Indian tribal agencies on matters relating to border
security; and
(2) to enhance information sharing among the
departments and agencies of the Federal Government,
State and local government agencies, and Indian tribal
agencies on such matters.
(b) Report.--Not later than 1 year after implementing the
plan under subsection (a), the Secretary shall submit a copy of
the plan and a report on the plan, including any
recommendations the Secretary finds appropriate, to the Senate
Committee on Commerce, Science, and Transportation, the House
of Representatives Committee on Science, the House of
Representatives Committee on Homeland Security, and the House
of Representatives Committee on the Judiciary.
TITLE IV--TEMPORARY WORKERS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Save Our Small and
Seasonal Businesses Act of 2005''.
SEC. 402. NUMERICAL LIMITATIONS ON H-2B WORKERS.
(a) In General.--Section 214(g) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the
end the following:
``(9)(A) Subject to subparagraphs (B) and (C), an alien who
has already been counted toward the numerical limitations of
paragraph (1)(B) during any 1 of the 3 fiscal years prior to
the fiscal year of the approved start date of a petition for a
nonimmigrant worker described in section 101(a)(15)(H)(ii)(b)
shall not be counted toward such limitation for the fiscal year
in which the petition is approved. Such an alien shall be
considered a returning worker.
``(B) A petition referred to in subparagraph (A) shall
include, with respect to a returning worker--
``(i) all information and evidence that the
Secretary of Homeland Security determines is required
to support a petition for status under section
101(a)(15)(H)(ii)(b);
``(ii) the full name of the alien; and
``(iii) a certification to the Department of
Homeland Security that the alien is a returning worker.
``(C) An H-2B visa or grant of nonimmigrant status for a
returning worker shall be approved only if the alien is
confirmed to be a returning worker by--
``(i) the Department of State; or
``(ii) if the alien is visa exempt or seeking to
change to status under section 101 (a)(15)(H)(ii)(b),
the Department of Homeland Security.''.
(b) Effective Date.--
(1) In general.--The amendment in subsection (a)
shall take effect as if enacted on October 1, 2004, and
shall expire on October 1, 2006.
(2) Implementation.--Not later than 14 days after
the date of the enactment of this Act, the Secretary of
Homeland Security shall begin accepting and processing
petitions filed on behalf of aliens described in
section 101(a)(15)(H)(ii)(b) of the Immigration and
Nationality Act, in a manner consistent with this
section and the amendments made by this section.
Notwithstanding section 214(g)(9)(B) of such Act, as
added by subsection (a), the Secretary of Homeland
Security shall allocate additional numbers for fiscal
year 2005 based on statistical estimates and
projections derived from Department of State data.
SEC. 403. FRAUD PREVENTION AND DETECTION FEE.
(a) Imposition of Fee.--Section 214(c) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)), as amended by section
426(a) of division J of the Consolidated Appropriations Act,
2005 (Public Law 108-447), is amended by adding at the end the
following:
``(13)(A) In addition to any other fees authorized by law,
the Secretary of Homeland Security shall impose a fraud
prevention and detection fee on an employer filing a petition
under paragraph (1) for nonimmigrant workers described in
section 101(a)(15)(H)(ii)(b).
``(B) The amount of the fee imposed under subparagraph (A)
shall be $150.''.
(b) Use of Fees.--
(1) Fraud prevention and detection account.--
Subsection (v) of section 286 of the Immigration and
Nationality Act (8 U.S.C. 1356), as added by section
426(b) of division J of the Consolidated Appropriations
Act, 2005 (Public Law 108-447), is amended--
(A) in paragraphs (1), (2)(A), (2)(B),
(2)(C), and (2)(D) by striking ``H1-B and L''
each place it appears;
(B) in paragraph (1), as amended by
subparagraph (A), by striking ``section
214(c)(12)'' and inserting ``paragraph (12) or
(13) of section 214(c)'';
(C) in paragraphs (2)(A)(i) and (2)(B), as
amended by subparagraph (A), by striking
``(H)(i)'' each place it appears and inserting
``(H)(i), (H)(ii),''; and
(D) in paragraph (2)(D), as amended by
subparagraph (A), by inserting before the
period at the end ``or for programs and
activities to prevent and detect fraud with
respect to petitions under paragraph (1) or
(2)(A) of section 214(c) to grant an alien
nonimmigrant status described in section
101(a)(15)(H)(ii)''.
(2) Conforming amendment.--The heading of such
subsection (v) of section 286 is amended by striking
``H1-B and L''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect 14 days after the date of the
enactment of this Act and shall apply to filings for a fiscal
year after fiscal year 2005.
SEC. 404. SANCTIONS.
(a) In General.--Section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)), as amended by section 403,
is further amended by adding at the end the following:
``(14)(A) If the Secretary of Homeland Security finds,
after notice and an opportunity for a hearing, a substantial
failure to meet any of the conditions of the petition to admit
or otherwise provide status to a nonimmigrant worker under
section 101(a)(15)(H)(ii)(b) or a willful misrepresentation of
a material fact in such petition--
``(i) the Secretary of Homeland Security may, in
addition to any other remedy authorized by law, impose
such administrative remedies (including civil monetary
penalties in an amount not to exceed $10,000 per
violation) as the Secretary of Homeland Security
determines to be appropriate; and
``(ii) the Secretary of Homeland Security may deny
petitions filed with respect to that employer under
section 204 or paragraph (1) of this subsection during
a period of at least 1 year but not more than 5 years
for aliens to be employed by the employer.
``(B) The Secretary of Homeland Security may delegate to
the Secretary of Labor, with the agreement of the Secretary of
Labor, any of the authority given to the Secretary of Homeland
Security under subparagraph (A)(i).
``(C) In determining the level of penalties to be assessed
under subparagraph (A), the highest penalties shall be reserved
for willful failures to meet any of the conditions of the
petition that involve harm to United States workers.
``(D) In this paragraph, the term `substantial failure'
means the willful failure to comply with the requirements of
this section that constitutes a significant deviation from the
terms and conditions of a petition.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2005.
SEC. 405. ALLOCATION OF H-2B VISAS OR H-2B NONIMMIGRANT STATUS DURING A
FISCAL YEAR.
Section 214(g) of the Immigration and Nationality Act (8
U.S.C. 1184(g)), as amended by section 402, is further amended
by adding at the end the following new paragraph:
``(10) The numerical limitations of paragraph (1)(B) shall
be allocated for a fiscal year so that the total number of
aliens subject to such numerical limits who enter the United
States pursuant to a visa or are accorded nonimmigrant status
under section 101(a)(15)(H)(ii)(b) during the first 6 months of
such fiscal year is not more than 33,000.''.
SEC. 406. SUBMISSION TO CONGRESS OF INFORMATION REGARDING H-2B
NONIMMIGRANTS.
Section 416 of the American Competitiveness and Workforce
Improvement Act of 1998 (title IV of division C of Public Law
105-277; 8 U.S.C. 1184 note) is amended--
(1) by striking ``Attorney General'' each place
that term appears and inserting ``Secretary of Homeland
Security''; and
(2) by adding at the end the following new
subsection:
``(d) Provision of Information.--
``(1) Semiannual notification.--Beginning not later
than March 1, 2006, the Secretary of Homeland Security
and the Secretary of State shall notify, on a
semiannual basis, the Committees on the Judiciary of
the House of Representatives and the Senate of the
number of aliens who during the preceding 1-year
period--
``(A) were issued visas or otherwise
provided nonimmigrant status under section
101(a)(15)(H)(ii)(b) of the Immigration and
Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)); or
``(B) had such a visa or such status be
revoked or otherwise terminated.
``(2) Annual submission.--Beginning in fiscal year
2007, the Secretary of Homeland Security and the
Secretary of State shall submit, on an annual basis, to
the Committees on the Judiciary of the House of
Representatives and the Senate--
``(A) information on the countries of
origin of, occupations of, and compensation
paid to aliens who were issued visas or
otherwise provided nonimmigrant status under
section 101(a)(15)(H)(ii)(b) of the Immigration
and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) during the previous
fiscal year;
``(B) the number of aliens who had such a
visa or such status expire or be revoked or
otherwise terminated during each month of such
fiscal year; and
``(C) the number of aliens who were
provided nonimmigrant status under such section
during both such fiscal year and the preceding
fiscal year.
``(3) Information maintained by state.--If the
Secretary of Homeland Security determines that
information maintained by the Secretary of State is
required to make a submission described in paragraph
(1) or (2), the Secretary of State shall provide such
information to the Secretary of Homeland Security upon
request.''.
SEC. 407. EXEMPTION FROM ADMINISTRATIVE PROCEDURE ACT.
The requirements of chapter 5 of title 5, United States
Code (commonly referred to as the ``Administrative Procedure
Act'') or any other law relating to rulemaking, information
collection or publication in the Federal Register, shall not
apply to any action to implement sections 402, 403, and 405 or
the amendments made by such sections to the extent the
Secretary Homeland Security, the Secretary of Labor, or the
Secretary of State determine that compliance with any such
requirement would impede the expeditious implementation of such
sections or the amendments made by such sections.
TITLE V--OTHER CHANGES TO PROVISIONS GOVERNING NONIMMIGRANT AND
IMMIGRANT VISAS
SEC. 501. RECIPROCAL VISAS FOR NATIONALS OF AUSTRALIA.
(a) In General.--Section 101(a)(15)(E) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended--
(1) by adding at the end ``or (iii) solely to
perform services in a specialty occupation in the
United States if the alien is a national of the
Commonwealth of Australia and with respect to whom the
Secretary of Labor determines and certifies to the
Secretary of Homeland Security and the Secretary of
State that the intending employer has filed with the
Secretary of Labor an attestation under section
212(t)(1);''; and
(2) in clause (i), by striking ``or'' after
``national;''.
(b) Numerical Limitation to Any Single Foreign State.--
Section 214(g) of such Act (8 U.S.C. 1184(g)), as amended by
section 405, is further amended by adding at the end the
following new paragraph:
``(11)(A) The Secretary of State may not approve a number
of initial applications submitted for aliens described in
section 101(a)(15)(E)(iii) that is more than the applicable
numerical limitation set out in this paragraph.
``(B) The applicable numerical limitation referred to in
subparagraph (A) is 10,500 for each fiscal year.
``(C) The applicable numerical limitation referred to in
subparagraph (A) shall only apply to principal aliens and not
to the spouses or children of such aliens.''.
(c) Specialty Occupation Defined.--Section 214(i)(1) of
such Act (8 U.S.C. 1184(i)(1)) is amended by inserting ``,
section 101(a)(15)(E)(iii),'' after ``section
101(a)(15)(H)(i)(b)''.
(d) Attestation.--Section 212(t) of such Act (8 U.S.C.
1182(t)), as added by section 402(b)(2) of the United States-
Chile Free Trade Agreement Implementation Act (Public Law 108-
77; 117 Stat. 941), is amended--
(1) by inserting ``or section 101(a)(15)(E)(iii)''
after ``section 101(a)(15)(H)(i)(b1)'' each place it
appears; and
(2) in paragraphs (3)(C)(i)(II), (3)(C)(ii)(II),
and (3)(C)(iii)(II) by striking ``or
101(a)(15)(H)(i)(b1)'' each place it appears and
inserting ``101(a)(15)(H)(i)(b1), or
101(a)(15)(E)(iii)''.
SEC. 502. VISAS FOR NURSES.
Section 106(d) of the American Competitiveness in the
Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C.
1153 note) is amended--
(1) in paragraph (1), by inserting before the
period at the end of the second sentence ``and any such
visa that is made available due to the difference
between the number of employment-based visas that were
made available in fiscal year 2001, 2002, 2003, or 2004
and the number of such visas that were actually used in
such fiscal year shall be available only to employment-
based immigrants (and their family members accompanying
or following to join under section 203(d) of such Act
(8 U.S.C. 1153(d))) whose immigrant worker petitions
were approved based on schedule A, as defined in
section 656.5 of title 20, Code of Federal Regulations,
as promulgated by the Secretary of Labor'';
(2) in paragraph (2)(A), by striking ``and 2000''
and inserting ``through 2004''; and
(3) in paragraph (2), by amending subparagraph (B)
to read as follows:
``(B)(i) Reduction.--The number described
in subparagraph (A) shall be reduced, for each
fiscal year after fiscal year 2001, by the
cumulative number of immigrant visas actually
used under paragraph (1) for previous fiscal
years.
``(ii) Maximum.--The total number of visas
actually used under paragraph (1) may not
exceed 50,000.''.
And the Senate agree to the same.
That the House recede from its disagreement to the
amendment of the Senate to the title of the bill and concur in
the same.
Jerry Lewis,
C. W. Bill Young,
Ralph Regula,
Harold Rogers,
Frank R. Wolf,
Jim Kolbe,
James T. Walsh,
Charles H. Taylor,
David L. Hobson,
Henry Bonilla,
Joe Knollenberg,
John P. Murtha,
Norman D. Dicks,
Alan B. Mollohan,
Peter J. Visclosky,
Chet Edwards,
Managers on the Part of the House.
Thad Cochran,
Ted Stevens,
Pete V. Domenici,
Christopher S. Bond,
Mitch McConnell,
Richard C. Shelby,
Judd Gregg,
Robert F. Bennett,
Larry Craig,
Kay Bailey Hutchison,
Mike DeWine,
Sam Brownback,
Wayne Allard,
Robert C. Byrd,
Daniel K. Inouye,
Patrick Leahy
(with exception for REAL
ID),
Tom Harkin
(with exception for REAL
ID),
Barbara Mikulski
(with exception for REAL
ID),
Harry Reid
(with exception for REAL
ID),
Byron L. Dorgan
(with res.--conference did
not reconvene),
Dianne Feinstein
(with exception for REAL
ID),
Tim Johnson,
Mary Landrieu,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendments of the Senate to the bill (H.R. 1268) making
emergency supplemental appropriations for the fiscal year
ending September 30, 2005, and for other purposes, submit the
following joint statement to the House and the Senate in
explanation of the effects of the action agreed upon by the
managers and recommended in the accompanying conference report.
Report language included in the reports of the House (H.
Rept. 109-16) and of the Senate (S. Rept. 109-52) accompanying
H.R. 1268 should be complied with unless specifically addressed
in this statement of the managers. The statement of the
managers, while repeating some report language for emphasis, is
not intended to negate the language referred to above unless
expressly provided herein.
This conference agreement is organized by subject matter.
Due to certain jurisdictional differences between the
subcommittees of the House and the Senate Committees on
Appropriations, the accounts and programs of certain
subcommittees are, in some cases, displayed within titles or
chapters with the accounts and programs of other subcommittees.
The organizational structure of this conference agreement does
not predetermine the organization of conference agreements on
the fiscal year 2006 appropriations bills.
TITLE I--DEFENSE-RELATED APPROPRIATIONS
The conference agreement recommends $75,888,262,000 for
the Department of Defense, instead of $76,923,910,000, as
proposed by the House, and $74,800,257,000, as proposed by the
Senate.
The following table provides details of the supplemental
appropriations for the Department of Defense--Military.
Measuring Stability and Security in Iraq
In the wake of the recent Iraqi elections, public
discourse about the U.S. occupation of that country has focused
on the need for and the advisability of declaring a timetable
for U.S. military withdrawal. Instead of focusing on exit
strategies, however, the conferees believe there is a need to
recast this debate by considering ``strategies for success''.
Success in Iraq will be achieved, of course, only to the extent
any new Iraqi government can legitimately and effectively rule
the country, which in turn largely depends on that government's
ability to protect its people and secure its borders.
The discussion on this issue should not be simply about
how many Iraqi forces have been trained and equipped, but about
how many can perform to reasonable standards so that they may
be expected to successfully conduct their assigned missions.
This is the basis for assessing U.S. military readiness, and
should serve as the basis for judging the capabilities of Iraqi
security forces.
The conferees believe that the Administration must
develop and provide to the Congress a more comprehensive set of
performance indicators and measures of stability and security
in Iraq than is currently available. This undoubtedly will lead
to a more informed debate over how best to allocate U.S.
resources to help secure Iraq. As such, the conferees direct
the Secretary of Defense (in consultation with other
appropriate members of the National Security Council) to
provide a report to the Speaker of the House of
Representatives, the Majority Leader of the Senate, and the
congressional defense committees that identifies security,
economic, and Iraqi security force training performance
standards and goals, accompanied by a notional timetable for
achieving these goals. At a minimum, the report should include
detailed descriptions of the following:
Stability and Security in Iraq:
Key measures of political stability, including
the important political milestones that must be achieved over
the next several years.
The primary indicators of a stable security
environment in Iraq, such as number of engagements per day,
numbers of trained Iraqi forces, trends describing numbers and
types of ethnic and religious-based hostile encounters, and so
on. In addition, the report should include:
--The estimated strength of the Iraqi insurgency and the extent
to which it is composed of non-Iraqi fighters; and,
--A description of all militias operating in Iraq, including
the number, size, equipment strength, military
effectiveness, sources of support, legal status, and
efforts to disarm or reintegrate each militia.
The key indicators of economic activity that
should be considered as the most important for determining the
prospects of stability in Iraq, including: unemployment levels;
electricity, water, and oil production rates; and hunger and
poverty levels.
The criteria the Administration will use to
determine when it is safe to begin withdrawing our forces from
Iraq.
Security Force Training and Performance:
The training Iraqi military and other Ministry
of Defense forces have received and what equipment they are
using. In particular, the report should include the key
criteria for assessing the capabilities and readiness of the
Iraqi military forces, goals for achieving certain capability
and readiness levels (as well as for recruiting, training, and
equipping these forces), and the milestones and notional
timetable for achieving these goals.
The operational readiness status of the Iraqi
military forces, including: the type, number, size, and
organizational structure of Iraqi battalions that are:
--Capable of conducting counterinsurgency operations
independently;
--Capable of conducting counterinsurgency operations with the
support of U.S. or coalition forces; and,
--Not ready to conduct counterinsurgency operations.
The rates of absenteeism in the Iraqi military
forces and the extent to which insurgents have infiltrated
these forces.
The training Iraqi police and other Ministry of
Interior forces have received and what equipment they are
using. In particular, the report should include the key
criteria for assessing the capabilities and readiness of these
forces, goals for achieving certain capability and readiness
levels (as well as for recruiting, training, and equipping),
and the milestones and notional timetable for achieving these
goals. This should include:
--The number of police recruits that have received classroom
training and the duration of such instruction;
--The number of veteran police officers who have received
classroom instruction and the duration of such
instruction;
--The number of police candidates screened by the Iraqi Police
Screening Service, the number of candidates derived
from other entry procedures, and the success rates of
those groups of candidates;
--The number of Iraqi police forces who have received field
training by international police trainers and the
duration of such instruction; and,
--Attrition rates and measures of absenteeism and infiltration
by insurgents.
The estimated total number of Iraqi battalions
needed for the Iraqi security forces to perform duties now
being undertaken by coalition forces, including defending
Iraq's borders and providing adequate levels of law and order
throughout the country.
The effectiveness of the Iraqi military and
police officer cadres and the chain of command.
The number of U.S. and coalition advisors needed
to support the Iraqi security forces and associated ministries.
Finally, the conferees direct the Secretary to include in
this report (or classified annex to the report, as necessary)
an assessment of U.S. military requirements, including planned
force rotations, through the end of calendar year 2006. The
conferees direct the Secretary to submit this report not later
than 60 days after the enactment of this Act, and every 90 days
thereafter through the end of fiscal year 2006.
Classified Programs
Recommended adjustments to classified programs are
addressed in a classified annex accompanying this report.
Veteran-Owned Businesses
The conferees are aware that Presidential Executive Order
13360, issued on October 20, 2004, established a goal of not
less than 3 percent for participation by service-disabled
veteran-owned businesses in Federal contracting with the
Department of Defense and all Federal agencies. The conferees
note with concern that the Department is far from reaching that
goal with only 0.2 percent of total prime contracts and 0.3
percent of total subcontracts awarded to service-disabled
veteran-owned business in fiscal year 2003. The conferees would
encourage the Department to follow the intent of Executive
Order 13360 and make every effort to increase contracting
opportunities with service-disabled veteran-owned businesses
and to report to the congressional defense committees not later
than September 30, 2005 a plan of action to reach the goal
established by the President.
MILITARY PERSONNEL
The conference agreement recommends $17,446,686,000 for
the Military Personnel accounts, instead of $17,067,094,000 as
proposed by the House, and $17,531,786,000 as proposed by the
Senate. Adjustments to the Military Personnel accounts are
shown below:
OPERATION AND MAINTENANCE
The conference agreement recommends $37,100,948,000 for
the Operation and maintenance accounts, instead of
$37,568,336,000 as proposed by the House, and $37,438,852,000
as proposed by the Senate. Adjustments to the Operation and
maintenance accounts are shown below:
Medical Support for Tactical Units
The conferees recommend an increase of $150,000,000 in
Operation and Maintenance, Army, to address medical
requirements for those tactical units currently deployed to or
returning from the Iraq or Afghanistan theaters. The conferees
encourage the Department of the Army to focus these funds on
the replenishment of medical supply and equipment needs within
the combat theaters, to include bandages and other blood-
clotting supplies that utilize advanced hemostatic, wound-
dressing technologies, and on the provision of medical care for
soldiers who have returned home in a medical holdover status.
Critical Medical Research
The conferees believe the military treatment facilities
and other medical research and teaching organizations of the
Department of Defense are playing a critical role in support of
our forces serving in harm's way in Iraq and Afghanistan. The
conferees note that these facilities and organizations have
provided and are continuing to provide much needed improvements
in critical care for military personnel who have been wounded
in battle.
The conferees recognize the need for maintaining all of
our military medical facilities in time of war, believing the
continuation of this capability to be of the highest
importance. As such, the conferees direct that funding
available to the Department of Defense should not be used to
close any military medical facility which is conducting
critical medical research, or medical training, or caring for
wounded soldiers.
Telephone Calling Cards for Injured Servicemembers
The conferees commend the individuals, organizations, and
corporations who have donated telephone cards for use by
injured servicemembers recuperating from injuries sustained
while serving in the Global War on Terrorism. The conferees
encourage the Services to distribute the donated cards to all
military treatment facilities providing care to those injured
during contingency operations. The Services should also ensure
that servicemembers recuperating in Fisher Houses, Malone
Houses, or similar rehabilitation facilities are provided phone
cards on a similar basis.
Post Deployment Stand-Down Program
The conferees are aware of the success of the Air
National Guard's Post Deployment Stand-down Program. The
conferees direct the Director, Army National Guard, in
consultation with the Director, Air National Guard, to assess
the feasibility and advisability of implementing a similar
program for the Army National Guard. The Director, Army
National Guard shall report his findings and recommendations to
the congressional defense committees not later than September
30, 2005.
Overseas Humanitarian, Disaster and Civic Aid
The conference agreement does not include $10,000,000 for
Overseas Humanitarian, Disaster and Civic Aid proposed by the
House.
Afghanistan Security Forces Fund
The conference agreement includes $1,285,000,000 for the
Afghanistan Security Forces Fund to accelerate efforts to
provide assistance to Afghan Security Forces. The agreement
includes a transfer of $290,000,000 from this fund to the
Operation and Maintenance, Army account, as proposed by the
Senate.
Iraq Security Forces Fund
The conference agreement includes $5,700,000,000 for the
Iraq Security Forces Fund to accelerate efforts to provide
assistance to Iraqi Security Forces. The agreement includes a
transfer of $210,000,000 from this fund to the Operation and
Maintenance, Army account, as proposed by the Senate.
PROCUREMENT
The conference agreement includes a total of
$17,378,594,000 for various procurement appropriations, instead
of $18,317,255,000 as proposed by the House and $15,872,045,000
as proposed by the Senate.
The following table identifies changes made to the
request and other funding provided.
Modularity
The conferees direct the Secretary of Defense to submit
to the congressional defense committees a report, not later
than September 1, 2005, detailing the Department of Defense's
long-range plan for executing and funding the Army's Modular
Force initiative (Modularity). The report should identify
personnel and equipment requirements, unit restructuring
timelines, and associated costs. In addition, the conferees are
concerned that the budgeting methods employed to support this
initiative may result in inefficient program management and
acquisition practices. Accordingly, the conferees direct that
this report also include DoD plans to review multi-year
procurement authority or any other measures to ensure the DoD
can contract for required equipment as efficiently as possible.
Up-Armored HMMWV Reporting Requirement
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees not later than
60 days after enactment of this Act, and every 60 days
thereafter until the termination of Operation Iraqi Freedom,
setting forth the current requirements of the Armed Forces for
Up-Armored High Mobility Multipurpose Wheeled Vehicles
(HMMWVs). In addition, the conferees direct the Secretary of
Defense to submit a report to the congressional defense
committees not later than 60 days after enactment of this Act
setting forth the most effective and efficient options
available to the Department of Defense for transporting Up-
Armored HMMWVs to Iraq and Afghanistan.
Joint Improvised Explosive Device (IED) Neutralizer
Improvised Explosive Devices (IEDs) continue to kill and
seriously injure U.S. Service men and women as they prosecute
the Global War on Terrorism. The conferees are deeply concerned
that currently employed counter-IED technology has failed to
achieve desired results for our warfighters. The conferees are
aware of a new direct discharge technology, known as Joint IED
Neutralizer or JIN, which has recently demonstrated the
capability to effectively neutralize IEDs. The conferees
strongly encourage the Department of Defense to procure and
employ JIN for counter-IED operations.
LITENING Pods
The conferees clarify that funding in the bill for
additional F/A-18 LITENING pods is available for all
Expeditionary Marine Corps F/A-18 aircraft.
Special Operations Command
The conference agreement provides $475,627,000, an
increase of $55,000,000 above the President's request, as
proposed by the House, for equipment required by the United
States Special Operations Command (USSOCOM) to prosecute the
Global War on Terrorism. The conferees agree that from the
additional funding provided $20,000,000 shall be for the
procurement of Multi-Band/Multi Mission radios and that
$5,000,000 shall be for Silver Fox Unmanned Aerial Vehicles.
The conferees have adjusted the amounts in the project level
table for the Communications Equipment and Electronics and the
Small Arms and Weapons lines accordingly. The conferees are
aware that, subsequent to the submission of the President's
request, another Special Operations Combat Talon II aircraft
was lost, significantly diminishing the combat capabilities of
USSOCOM. The conferees agree that the remaining $30,000,000 of
the funds provided above the request shall be used for a combat
loss replacement aircraft.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The conference agreement provides a total of $587,282,000
for Research, Development, Test and Evaluation appropriations,
instead of $508,321,000 as proposed by the House, and
$552,322,000, as proposed by the Senate. The following table
identifies changes made to the request and other funding
provided.
High Speed, Heavy Lift, Shallow Draft-Capable Watercraft Demonstration
The Department of Defense Appropriations Act, 2005
(Public Law 108-287) appropriated $6,300,000 under ``Research,
Development, Test and Evaluation, Navy'' for the Varicraft
program. To clarify the intent of Congress, the funding
provided for this program in P. L. 108-287 is intended for the
High Speed, Heavy Lift, Shallow Draft-Capable Watercraft
Demonstration.
DDX Permanent Magnet Motor
The conferees agree with language included in the Senate
report regarding the DDX permanent magnet motor and direct that
not less than $5,000,000 of the funds provided in this Act for
``Research, Development, Test and Evaluation, Navy'' be made
available for this program.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
The conference agreement includes $1,511,300,000 for the
Defense Working Capital Funds, instead of $1,411,300,000 as
proposed by the House, and $1,311,300,000 as proposed by the
Senate, to be allocated as follows:
[In thousands of dollars]
Conference
Defense Logistics Agency (DLA) Fuel Costs..................... $842,300
Military Sealift Command Fuel Costs........................... 67,000
DLA Fuel Delivery Costs....................................... 402,000
Navy Working Capital Fund..................................... 200,000
National Defense Sealift Fund
The conference agreement provides $32,400,000, as
proposed by both the House and the Senate.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
The conference agreement provides $210,550,000 for the
Defense Health Program, instead of $175,550,000 as proposed by
the House and $225,550,000 as proposed by the Senate. The
increase above the request is directed to fund additional
workload at Army military treatment facilities as a result of
the global war on terrorism, including mental health and combat
stress related care.
Chemical Agents and Munitions Destruction, Army
The conferees strongly endorse the Senate Report language
in its entirety with respect to Chemical Agents and Munitions
Destruction and direct the Department of Defense to fully
comply with the two reporting requirements therein.
Drug Interdiction and Counter-Drug Activities, Defense
The conference agreement provides $242,000,000, instead
of $257,000,000 as proposed by the House, and $227,000,000 as
proposed by the Senate.
Office of the Inspector General
The conference agreement provides $148,000 as proposed by
both the House and the Senate.
RELATED AGENCIES
Intelligence Community Management Account
The conference agreement provides $250,300,000 as
proposed by both the House and the Senate.
Military Construction, Army
The conference agreement includes $847,191,000, instead
of $930,100,000 as proposed by the House and $897,191,000 as
proposed by the Senate. The conference agreement also makes
these funds available until September 30, 2006 as proposed by
the House, instead of September 30, 2007 as proposed by the
Senate. The funds are provided as follows:
----------------------------------------------------------------------------------------------------------------
Conference
Location Project description Request agreement
----------------------------------------------------------------------------------------------------------------
Alaska: Fort Wainwright....................... Aircraft Maintenance Hangar..... $31,000,000 $31,000,000
Alaska: Fort Wainwright....................... Site Preparation and Utility 11,000,000 11,000,000
Work.
Colorado: Fort Carson......................... Barracks--Mobilization and 26,000,000 26,000,000
Training.
Georgia: Fort Benning......................... Site Preparation and Utility 10,000,000 10,000,000
Work.
Kansas: Fort Riley............................ Barracks--Mobilization and 22,000,000 22,000,000
Training.
Kansas: Fort Riley............................ Site Preparation and Utility 25,000,000 25,000,000
Work.
New York: Fort Drum........................... Aircraft Hangar and Site 37,000,000 37,000,000
Preparation.
North Carolina: Fort Bragg.................... Site Preparation and Utility 19,000,000 19,000,000
Work.
Texas: Fort Bliss............................. Barracks--Mobilization and 22,000,000 22,000,000
Training.
Texas: Fort Bliss............................. Site Preparation and Utility 47,000,000 47,000,000
Work.
Afghanistan: Bagram........................... CMU Barracks.................... 16,100,000 16,100,000
Afghanistan: Bagram........................... Fuel Tank Farm.................. 57,000,000 ..............
Afghanistan: Bagram........................... JSOTF-A Joint Operations Center. 6,400,000 6,400,000
Afghanistan: Bagram........................... Prime Power Generator........... 31,600,000 ..............
Afghanistan: Kandahar......................... Ammunition Supply Point......... 16,000,000 16,000,000
Cuba: Guantanamo Bay.......................... Camp 6 Detention Facility....... 36,000,000 36,000,000
Cuba: Guantanamo Bay.......................... Radio Range Security Fence...... 4,400,000 4,400,000
Iraq: Camp Hope............................... CMU Barracks.................... 2,500,000 2,500,000
Iraq: Camp Taji............................... CMU Barracks.................... 24,600,000 24.600,000
Iraq: Camp Warrior............................ Medical Facility................ 7,500,000 7,500,000
Iraq: Camp Warrior............................ Tactical Ops Building........... 6,100,000 6,100,000
Iraq: LSA Anaconda............................ Battalion and Company HQ........ 7,800,000 7,800,000
Iraq: LSA Anaconda............................ Equipment Support Activity...... 17,100,000 17,100,000
Iraq: LSA Anaconda............................ Hospital Facility............... 39,000,000 39,000,000
Iraq: Marez................................... CMU Barracks.................... 9,300,000 9,300,000
Iraq: Marez................................... Combat Support Hospital......... 9,900,000 9,900,000
Iraq: Marez................................... Troop Medical Clinic............ 2,900,000 2,900,000
Iraq: Muthanna................................ Harden Ammunition Bunkers....... 11,300,000 11,300,000
Iraq: Various Locations....................... CMU Barracks.................... 55,200,000 55,200,000
Iraq: Various Locations....................... Main Supply Route Aspen......... 36,000,000 36,000,000
Iraq: Various Locations....................... Overhead Cover System........... 300,000,000 250,000,000
Worldwide Unspecified......................... Planning and Design............. 43,400,000 39,091,000
-------------------------------
Total..................................... ................................ $990,100,000 $847,191,000
----------------------------------------------------------------------------------------------------------------
Overhead Cover Systems and CMU Barracks.--The conference
agreement includes funds for overhead cover systems and
concrete masonry unit barracks to strengthen force protection
measures to better protect troops against indirect fire attack.
The conferees expect the Department to focus its force
protection efforts on identified threats facing troops in
Operation Iraqi Freedom and Operation Enduring Freedom such as
rocket propelled grenades and mortar artillery. In doing so,
the Department should purchase existing force protection
technology that has been field-tested and certified against
such threats, including, but not limited to, mortar-proof
canopies and housing and blast resistant barriers.
Military Construction, Navy and Marine Corps
The conference agreement includes $139,880,000, instead
of $92,720,000 as proposed by the House and $107,380,000 as
proposed by the Senate. The Conference agreement also makes
these funds available until September 30, 2006 as proposed by
the House, instead of September 30, 2007 as proposed by the
Senate. The funds are provided as follows:
----------------------------------------------------------------------------------------------------------------
Conference
Location Project description Request agreement
----------------------------------------------------------------------------------------------------------------
California: Camp Pendleton.................... Force Intel Operations Center... $8,700,000 $8,700,000
California: Camp Pendleton.................... Force Recon PLT Facility........ 4,980,000 4,980,000
California: Twentynine Palms.................. LAR Company BEQ................. 11,900,000 11,900,000
North Carolina: Camp Lejeune.................. Mod 2D LAR Operations Complex... 3,840,000 3,840,000
North Carolina: Camp Lejeune.................. Maintenance Complex, 1/9........ 5,880,000 5,880,000
North Carolina: Camp Lejeune.................. BEQ 1/9......................... 30,480,000 30,480,000
North Carolina: Camp Lejeune.................. Mod Force Recon Operations 3,240,000 3,240,000
Complex.
North Carolina: Camp Lejeune.................. BEQ 2/9......................... .............. 32,500,000
Djibouti: Camp Lemonier....................... Personnel Billeting............. 27,710,000 27,710,000
Djibouti: Camp Lemonier....................... Security Fence.................. 2,760,000 2,760,000
Worldwide Unspecified......................... Planning and Design............. 7,890,000 7,890,000
-------------------------------
Total..................................... ................................ $107,380,000 $139,880,000
----------------------------------------------------------------------------------------------------------------
Marine Corps Force Structure Review Group
The Department of Defense requested $75,020,000 in
emergency funding for the Marine Corps Force Structure Review
Group (FSRG) initiative, which will provide additional combat
forces within the Marine Corps' current end-strength of
175,000. By increasing the number of combat-ready marines while
turning over less essential tasks to civilians, FSRG will help
to alleviate the overall stress on the Marine Corps produced by
deployments related to the Global War on Terrorism. While the
conferees understand and support this initiative, they are
concerned over the manner in which the military construction
requirements were programmed and budgeted. Although the FSRG
initiative was set in motion in April 2004, no funding for FSRG
military construction was programmed into the fiscal year 2006
budget request. The Marine Corps and DOD instead chose to use
this supplemental request as the sole vehicle for funding the
FSRG, yet the emergency appropriation requested provides only
half of the fiscal year 2005 requirement. The conferees are
disappointed that the FSRG was deemed important and urgent
enough to proceed immediately, yet the appropriate budgeting
decisions were not given commensurate priority. The conferees
expect that future military construction requests for the
Marine Corps, including any fiscal year 2006 budget amendment,
will include the necessary funding to accommodate the force
structure and basing decisions being made under FSRG.
The conferees also note that the request was submitted
prior to the final basing decision for the second of two new
infantry battalions, the 1st and 2nd Battalions, 9th Marine
Regiment, to be created under FSRG. After submission of the
request, the Marine Corps confirmed that both battalions will
be stationed at Camp Lejeune, North Carolina. These two
battalions will add 1,904 marines at Camp Lejeune, more than
half of the projected net increase of 3,546 to the base
population under FSRG. A field visit to Camp Lejeune confirmed
that the installation does not currently have adequate
billeting for the existing base population, let alone the two
battalions that the Marine Corps will begin standing up this
year. The present occupancy rate at the camp already greatly
exceeds the Marine Corps standard, and this situation will
worsen under FSRG without remedial action. The conferees
believe that additional unaccompanied housing is urgently
needed at Camp Lejeune, and agree to provide $32,500,000 for
the construction of bachelor enlisted quarters in support of
the marines of the 2/9 Battalion.
Military Construction, Air Force
The conference agreement includes $140,983,000 as
proposed by the Senate, instead of $301,386,000 as proposed by
the House. The conference agreement also makes these funds
available until September 30, 2006 as proposed by the House,
instead of September 30, 2007 as proposed by the Senate. The
funds are provided as follows:
----------------------------------------------------------------------------------------------------------------
Conference
Location Project description Request agreement
----------------------------------------------------------------------------------------------------------------
Afghanistan: Bagram........................... East Side Ramp/Support $17,600,000 $17,600,000
Facilities/Infra.
Afghanistan: Bagram........................... Control Tower................... 10,200,000 10,200,000
Afghanistan: Bagram........................... Cargo Handling Area............. 1,800,000 1,800,000
Afghanistan: Bagram........................... Coalition Forces Ramp........... 1,400,000 1,400,000
Iraq: Balad................................... CSAR/JSOAD/Medevac Alert........ 8,000,000 8,000,000
Iraq: Balad................................... Construct and Repair Munitions 2,700,000 2,700,000
Roads.
Iraq: Balad................................... Repair/lnstall Airfield Lighting 25,000,000 15,000,000
Iraq: Balad................................... Hot Cargo Pad................... 3,500,000 3,500,000
Iraq: Balad................................... Cargo/Marshalling Area.......... 15,000,000 15,000,000
Iraq: Balad................................... Special Operations Compound..... 2,850,000 2,850,000
Iraq: Tallil.................................. Temporary Cantonment Area....... 10,800,000 10,800,000
Kuwait: Ali Al Salem.......................... Aerial Port..................... 75,500,000 ..............
UAE: Al Dhafra................................ ISR Launch, Recovery and Maint 66,000,000 ..............
Complex.
UAE: Al Dhafra................................ Aircraft Engine Run-up Pad...... 1,400,000 1,400,000
Uzbekistan: Karshi-Khanabad................... Replace/Extend Runway and 42,500,000 42,500,000
Taxiways.
Worldwide Unspecified......................... Planning and Design............. 17,270,000 8,233,OOO
-----------------------------------------------------------------
Total..................................... ................................ $301,520,000 $140,983,000
----------------------------------------------------------------------------------------------------------------
Aerial Port, Ali Al Salem Air Base, Kuwait.--The Air
Force requests $75,500,000 to construct the first phase of an
Aerial Port at Ali Al Salem Air Base in Kuwait. The conference
agreement provides no funding for this facility at this time.
The conferees support the United States presence in
Kuwait and appreciate the longstanding cooperation between our
two nations. The conferees also recognize the desire of the
Government of Kuwait to move U.S. aerial port operations out of
Kuwait City International Airport (KCIA) in order to free space
at the airport for other uses. However, for several reasons,
the conferees have declined to recommend funding for a new
aerial port facility at this time.
The $75,500,000 in emergency supplemental appropriations
requested for this facility would fund only the first phase of
a nearly half-billion dollar plan for infrastructure
improvements at Ali Al Salem. However, given construction times
and the limited scope of the project proposed here, the first
phase would provide neither emergency relief nor a complete
replacement of the extant port capacity at KCIA. In addition,
since submission of the supplemental request, the Air Force has
learned that extensive runway repair at Ali Al Salem will be
required for the base to accommodate the volume and type of air
traffic envisioned in aerial port operations.
Moreover, as both the House and the Senate noted in their
respective reports, the United States does not currently have a
formal agreement with the host nation regarding future use of
this facility or the sharing of costs for subsequent
construction phases. Consequently, it is not possible for the
conferees to determine the commitment the United States would
be undertaking by providing the first phase of funding now. The
conferees also believe that because of uncertainties regarding
the future of other facilities in the region, there is some
question as to whether an extensive aerial port facility in
Kuwait will be required for the long-term. The conferees are
not opposed to a U.S. contribution to what would be a mutually
beneficial project, but encourage the Defense Department to
first negotiate with the Government of Kuwait an agreement
regarding appropriate phasing, use, and cost-sharing.
ISR Launch and Recovery Facility and Maintenance Complex,
Al Dhafra Air Base, United Arab Emirates.--The Air Force
requests $66,000,000 to build these facilities. The conference
agreement provides no funding for these facilities at this
time.
As with the aerial port facility in Kuwait, this facility
represents more a long-term investment in enduring
infrastructure than it does an immediate response to emergency
requirements. ISR operations have been conducted successfully
from Al Dhafra for several years and while it would be more
convenient to conduct operations from permanent rather than
expeditionary facilities, the conferees do not believe this is
a compelling argument for emergency appropriations. As is the
case with Ali Al Salem, this project is only part of extensive
additional construction envisioned at Al Dhafra, yet no
agreement covering use or cost sharing has been negotiated with
the host nation. The conferees recognize and value the
extensive and ongoing cooperation between the United States and
the United Arab Emirates and are not opposed in principle to a
U.S. contribution to infrastructure investments at Al Dhafra.
However, the conferees believe investment in this project would
be inappropriate on an emergency basis and premature at this
time.
Items of Interest to the Military Quality of Life Subcommittee of the
House and the Military Construction Subcommittee of the Senate
Requested Reports.--The Department of Defense has
submitted the long overdue overseas basing master plans;
therefore, the conference agreement does not include a
provision under the military construction accounts to prohibit
the obligation of funds until these plans were submitted as
proposed by the House. The Senate bill contained no similar
provision.
The House report included a request for additional
information from the Army, Marine Corps, and Air Force on
issues related to the supplemental request. The Army reports
were received on April 7, 2005. The Marine Corps and Air Force
reports have not been received. The conferees are concerned
with the Executive Branch's lack of responsiveness to
Congressional requests and expect the Secretary and the
Director of OMB to take steps to make this a high priority.
Budgeting for Enduring Installations.--The conferees
approve of the Department's improved master planning efforts
for overseas facilities, including those in the Central Command
(CENTCOM) area of responsibility. A key benefit of master
planning is the alignment of strategic objectives with budget
needs over a long period of time. The conferees believe
CENTCOM's master planning initiative is sufficiently well
developed to enable future military construction at enduring
facilities in the region to be incorporated into the regular
authorization and appropriations process. The conferees expect
the Department to pursue such initiatives through that avenue
rather than through emergency appropriations.
GENERAL PROVISIONS--THIS TITLE
The conferees agree to retain and amend section 1001, as
proposed by the House and Senate, which provides the Secretary
of Defense authority to transfer up to $3,000,000,000 of funds
made available in this title.
The conferees agree to retain and amend section 1002, as
proposed by the House and the Senate, which amends section 8005
of the Department of Defense Appropriations Act, 2005 to
provide an additional $2,685,000,000 in transfer authority.
The conferees agree to delete language, as proposed by
the House, which provides that funds in the Defense Cooperation
Account may be transferred to other defense accounts.
The conferees agree to retain section 1003, as proposed
by the House and Senate, which provides that not more than
$34,000,000 may be available for counter-drug activities of
Afghanistan and $4,000,000 may be available for counter-drug
activities of Pakistan.
The conferees agree to retain section 1004, as proposed
by the House and Senate, which provides additional authority
for extraordinary and emergency expenses.
The conferees agree to retain section 1005, as proposed
by the House and Senate which makes technical changes to
language which provides that during the current fiscal year
working capital funds of the Department of Defense may increase
the limitation on advance billing to $1,500,000,000.
The conferees agree to delete language, as proposed by
the Senate, which provides that from funds made available in
this Act under ``Operation and Maintenance, Defense-Wide'',
$10,000,000 may be used to purchase and dispose of weapons. The
conferees agree to provide for weapons buy back in section
1006, the Commander's Emergency. Response Program.
The conferees agree to retain and amend section 1006, as
proposed by the House and Senate, which provides that section
1201(a) of the National Defense Authorization Act for Fiscal
Year 2005, as amended by the Consolidated Appropriations Act,
2005 is further amended by striking ``$500,000,000'' and
inserting ``$854,000,000'' for the Commander's Emergency
Response Program.
The conferees agree to retain section 1007, as proposed
by the House and Senate, which increases the amount of the
funds for a classified program pursuant to section 8090(b) in
Public Law 108-287.
The conferees agree to retain section 1008, as proposed
by the House, which waives, for calendar year 2005 only, the
$200,000 limitation on total compensation for civilian
employees while in the Central Command's area of responsibility
in support of military operations.
The conferees agree to retain section 1009, as proposed
by the House and Senate, which provides the Director of
National Intelligence (DNI) additional flexibility with respect
to filling the additional positions authorized for the Office
of the DNI.
The conferees agree to retain section 1010, as proposed
by the House, which extends the authority for support to
coalition liaison officers contained in the 2003 National
Defense Authorization Act through December 31, 2005.
The conferees agree to retain section 1011, as proposed
by the House and Senate, which includes a provision for
authority to increase the maximum amount of the reserve
affiliation bonus not to exceed $10,000.
The conferees agree to retain and amend section 1012, as
proposed by the House and Senate, which amends title 38, to
increase the maximum amount of coverage available for the
Servicemembers' Group Life Insurance program to $400,000.
The conferees agree to retain and amend section 1013, as
proposed by the House and Senate, which increases the death
gratuity for combat and combat-related deaths, and provides a
one-time retroactive death gratuity for--a member for the
increased coverage of the Servicemembers' Group Life Insurance
and increased amount of the death gratuity.
The conferees agree to delete language, as proposed by
the Senate, which amends chapter 75 of title 10, to rename the
death gratuity payable for deaths of members of the Armed
Forces as ``Fallen Hero Compensation''.
The conferees agree to retain and amend section 1014, as
proposed by the House and Senate, which provides that funds
appropriated or made available by transfer for intelligence
activities are deemed to be authorized for purposes of section
504 of the National Security Act of 1947.
The conferees agree to retain and amend section 1015, as
proposed by the House and Senate, which prohibits funds
provided in this Act to finance programs or activities denied
by Congress, or to initiate a new start program without prior
notification to the congressional defense committees, except
for certain Army ammunition programs.
The conferees agree to retain and amend section 1016, as
proposed by the Senate, regarding chemical weapons
demilitarization and the Assembled Chemical Weapons
Alternatives program.
The conferees agree to retain and amend section 1017, as
proposed by the Senate, which amends section 115 of division H
of the fiscal year 2004 Consolidated Appropriations Act to
provide grant authority. The conferees include language to
provide grant authority for Woody Island from funds available
for this purpose in ``Operation and Maintenance, Army'' in the
fiscal year 2005 Defense Appropriations Act.
The conferees agree to retain section 1018, as proposed
by the Senate, which transfers $19,000,000 from ``Shipbuilding
and Conversion, Navy, 2005/2009'' for the LCU(X) program to
``Shipbuilding and Conversion, Navy, 1996/2008'' for the LPD-17
program; and designates this provision as an emergency
requirement.
The conferees agree to retain and amend section 1019, as
proposed by the Senate, which prohibits funds, made available
in this Act, or by prior Acts, to be used to implement a
winner-take-all strategy for the acquisition of DD(X), the next
generation Navy destroyer.
The conferees agree to retain section 1020, as proposed
by the Senate, which prohibits funds appropriated to the
Department of Defense, by this Act or any other Act for fiscal
year 2005 or any other fiscal year, from being used for any pay
raise that is based on an employee's status as a career or non-
career employee.
The conferees agree to retain section 1021, as proposed
by the Senate, which earmarks $12,500,000 from funds made
available in the Department of Defense Appropriations Act, 2005
only for industrial mobilization capacity at Rock Island
Arsenal.
The conferees agree to retain and amend section 1022, as
proposed by the Senate which extends the period of temporary
continuation of Basic Allowance for Housing for dependents of
members of the armed forces who die while on active duty, and
includes a sunset provision.
The conferees agree to delete language, as proposed by
the Senate, which provides sense of the Senate language
concerning the phase-in of concurrent receipt of retired pay
and veterans disability compensation for military retirees.
The conferees agree to retain and amend section 1023, as
proposed by the Senate, which prohibits the Department from
charging military personnel for meals if they are undergoing
medical recuperation or therapy at a military treatment
facility.
The conferees agree to delete language, as proposed by
the Senate, which prohibits funds to be obligated to implement
or enforce certain orders and guidance, dated May 15, 2003, on
the functions and duties of the General Counsel and Judge
Advocate General of the Air Force.
The conferees agree to retain section 1024, as proposed
by the Senate, which includes sense of the Senate language that
any request for funds after fiscal year 2006 for an ongoing
military operation overseas, including operations in
Afghanistan and Iraq, should be included in the annual budget
for that fiscal year.
The conferees agree to delete language, as proposed by
the Senate, requiring the President to submit to Congress
reports concerning Iraqi security forces. Instead, the
agreement includes a modified set of reporting requirements in
the Statement of the Managers.
The conferees agree to delete language, as proposed by
the Senate, requiring the Secretary of the Army to report to
the congressional defense committees on the feasibility of
implementing for the Army National Guard a program similar to
the Post Deployment Stand-Down Program of the Air National
Guard. This reporting requirement is addressed in the Statement
of the Managers.
The conferees agree to retain and amend section 1025, as
proposed by the Senate, which provide that funds available to
the Department of the Navy in this Act will be provided for
repair and maintenance of the USS John F. Kennedy to extend the
life of the carrier; prohibits funds available in this Act to
be used to reduce the number of active aircraft carriers of the
Navy below 12 until the Quadrennial Defense Review is submitted
to Congress; and prohibits the Department of the Navy from
changing command relationships to give Fleet Forces Command
administrative and operational control of the Pacific Fleet.
The conferees agree to delete language, as proposed by
the Senate, which includes sense of the Senate language
concerning the domestic manufacturing capability to produce
silicon carbide powders for use in the production of ceramic
armor plates for armored vehicles, personal body armor systems,
and other armor needs.
The conferees agree to delete language, as proposed by
the Senate, which includes sense of the Senate language
concerning the procurement of Rapid Wall Breaching Kits for use
in Operation Iraqi Freedom and Operation Enduring Freedom.
The conferees agree to delete language, as proposed by
the Senate, which includes sense of the Senate language to
increase the amount of funds available for ``Operation and
Maintenance, Army Reserve'' for tuition assistance programs.
The conferees recommend an additional $5,000,000 for
``Operation and Maintenance, Army Reserve'' for tuition
assistance programs, and address this issue in the Statement of
Managers.
The conferees agree to delete language, as proposed by
the Senate, which includes sense of the Senate language to make
funds available from within ``Defense Health Program'' for
Vaccine Health Care Centers.
The conferees agree to delete language, as proposed by
the Senate, which includes sense of the Senate language
concerning Warlock and other field jamming systems, and address
this elsewhere in the Statement of the Managers.
The conferees agree to retain and amend section 1026, as
proposed by the Senate, which changes the application of
section 411h of title 37 U.S.C. to provide through September
30, 2005 for one roundtrip to family members of seriously ill
or injured military personnel hospitalized in a medical
facility in or outside the United States, and family members of
service members receiving treatment for injuries incurred in a
combat area in a medical treatment facility in the United
States; provides for funding from the services' operation and
maintenance accounts; and requires the Secretary of Defense to
report to the congressional defense committees on travel in any
fiscal year that exceeds $20,000,000.
The conferees agree to retain section 1027, as proposed
by the Senate, which prohibits the use of funds in this Act for
termination of the existing joint service multiyear procurement
contract for
C/KC-130J aircraft.
The conferees agree to delete language, as proposed by
the Senate, which provides for the procurement of Up-Armored
High Mobility Multipurpose Wheeled Vehicles (HMMWVs), and
address this in the Statement of the Managers.
The conferees agree to delete language, as proposed by
the Senate, which includes sense of the Senate language to
amend section 1079 of title 10, in order to increase the period
of TRICARE coverage for children of servicemembers who die
while on active duty.
The conferees agree to delete language, as proposed by
the Senate, which includes sense of the Senate language
concerning the continuing development of the permanent magnet
motor, and address this elsewhere in the Statement of the
Managers.
The conferees agree to delete language, as proposed by
the Senate, which includes sense of the Senate language
concerning the Man-Portable Air Defense (MANPAD) systems.
The conferees agree to delete language, as proposed by
the Senate, which includes sense of the Senate language that
funds should be made available for the replenishment of medical
supply and equipment needs of the Army, and address this in the
Statement of the Managers.
The conferees agree to include a new section 1028, which
prohibits funds in this Act to be used to revoke Purple Heart
commendations awarded to members of the Armed Forces who have
served in Operation Iraqi Freedom or Operation Enduring
Freedom.
The conferees agree to include a new section 1029, which
transfers $2,000,000 from ``Aircraft Procurement, Army'' to
``Research, Development, Test and Evaluation, Army'' for the
Virtual Training Cockpit Optimization Program.
The conferees agree to retain and amend section 1030, as
proposed by the House, which makes certain technical
adjustments and directs the transfer of funds for the purpose
of ensuring proper budget execution for critical force
protection items previously funded.
The conferees agree to retain section 1031, as proposed
by the Senate, which prohibits funds to be obligated to subject
any person in custody or under the control of the United States
to torture or cruel, inhuman, or degrading treatment or
punishment.
The conferees agree to retain section 1032, as proposed
by the Senate, which amends title 38, to provide a traumatic
injury protection rider to servicemembers insured through the
Servicemembers' Group Life Insurance (SGLI) under section
1967(a)(1) of title 38.
The conferees agree to include a new section 1033, which
rescinds $50,000,000 from the ``Iraq Freedom Fund''.
The conferees agree to include a new section 1034, making
technical corrections to Public Law 108-287 making available
existing funds to the Paralyzed Veterans of America (PVA)
Outdoor Sports Heritage Fund.
The conferees agree to a new section 1035 which provides
an additional appropriation for ``Research, Development, Test
and Evaluation, Defense-Wide'', and provides authority for
certain specified activities.
Sec. 1036. The conference agreement includes a provision
proposed by the Senate (Sec. 1129) to require a report on the
re-use and redevelopment of military installations closed or
realigned as part of BRAC 2005. The House bill contained no
similar provision.
Sec. 1037. The conference agreement includes a provision
proposed by the Senate (Sec. 6055) to release to the State of
Arkansas a reversionary interest in Camp Joseph T. Robinson.
The House bill contained no similar provision.
The conference agreement does not include a sense of the
Senate provision (Sec. 1137) on funding for the Vaccine Health
Care Centers. The House bill contained no similar provision.
The conference agreement does not include a sense of the
Senate provision (Sec. 1142) on TRICARE coverage of children.
The House bill contained no similar provision.
The conference agreement does not include a Senate
amendment to permit eleven employees of the Executive Office of
the President to use official government vehicles for commuting
between their homes and offices.
The conference agreement does not include a Senate
amendment regarding federal employee pay while in active
service of the National Guard.
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
The conference agreement includes $240,000,000 for P.L.
480 Title II grants, to remain available until expended,
instead of $150,000,000, as proposed by the House and
$470,000,000, as proposed by the Senate.
This appropriation shall be used to reimburse the account
for funds used to address emergency food needs for individuals
in need of humanitarian assistance in the Darfur region of
Sudan and other parts of Africa, which would allow additional
contributions to these and other critical food situations,
including the mitigation of the effects of the Human
Immunodeficiency Virus and Acquired Immune Deficiency Syndrome
on individuals, households, and communities. In addition, the
conferees provide that funds may be used to restore executed
agreements of the Public Law Title II non-emergency sub-minimum
program requirements, as proposed by the Senate.
CHAPTER 2
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
The conference agreement includes $734,000,000 for
``Diplomatic and Consular Programs'', instead of $748,500,000
as proposed by the House, $357,700,000, as proposed by the
Senate, and $767,200,000 as contained in the request. The
agreement provides $666,300,000 for the operation and security
costs of the U.S. Mission in Iraq. Within the amounts included
under this heading, $10,000,000 is for the enhancement of
Embassy security in Iraq and Afghanistan through explosive
detection technologies certified and/or deployed by the
Department of Homeland Security, and $250,000 is designated for
Iraqi and Afghan scholars, as proposed by the Senate. The
conference agreement also includes $60,000,000 for operations
and security requirements of the U.S. Mission in Kabul,
Afghanistan as a result of the withdrawal of U.S. military
forces. Finally, the conference agreement includes $7,700,000
for the Office of the Coordinator for Reconstruction and
Stabilization, and expects these funds to support additional
personnel requirements in Washington and Sudan.
The conference agreement includes $250,000 for a
contribution to a scholar-rescue program designed to bring
Iraqi and Afghan scholars, whose lives are in imminent danger,
to the United States and match them with host universities. The
conferees direct the Secretary of State to work with the
Institute of International Education to implement this program.
The conferees agree that within the amounts previously
appropriated for fiscal year 2005, the Secretary of State shall
fund an external study of the publicly available data on
foreign public opinion about the United States. This study
should include a thorough analysis of the impact of foreign
perceptions of the United States, and a list of concrete
responses and `best practice' actions at the governmental level
that have the potential to influence the public foreign policy
debate and mitigate the impact of negative perceptions.
Embassy Security, Construction, and Maintenance
The conference agreement includes $592,000,000 for the
construction of a new secure embassy compound in Baghdad, Iraq,
including office, housing, and support facilities,
infrastructure, project supervision, and construction security
as proposed by both the House and Senate. The conferees expect
the recommended funding level to be sufficient to ensure
completion of a secure compound within 24 months of the project
start date.
International Organizations
Contributions for International Peacekeeping Activities
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $680,000,000 for United
States assessed contributions for international peacekeeping
missions instead of $580,000,000 as proposed by the House,
$533,049,000 as proposed by the Senate, and $780,000,000 as
contained in the request. Of the amount provided, up to
$50,000,000 may be transferred to the ``Peacekeeping
Operations'' account for support of the efforts of the African
Union to halt genocide and other atrocities in Darfur, Sudan.
Related Agency
Broadcasting Board of Governors
International Broadcasting Operations
The conference agreement includes $4,800,000 to expand
United States broadcasting programs in local languages to
Pakistan, Iran, Indonesia, and Muslim populations in Europe.
Broadcasting Capital Improvements
The conference agreement includes $2,500,000 to make
capital improvements related to broadcasting, including
broadcasting directed toward the People's Republic of China.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
The conference agreement provides $90,000,000 for
``International Disaster and Famine Assistance'', instead of
$94,000,000 as recommended by the House and $44,000,000 as
recommended by the Senate.
The conferees intend that $40,000,000 of funds made
available from this account be provided for assistance for
those individuals affected by the ongoing conflict in Darfur.
The conferees are also concerned about the severity of other
needs in Africa, and allocate $50,000,000 of funds from this
account to these other needs, including those in Ethiopia,
Liberia, Uganda, and the Democratic Republic of the Congo.
The conferees include language as proposed by the Senate
that provides authority to United States Agency for
International Development (USAID) to use funds appropriated
under this heading to reimburse accounts from which obligations
were incurred prior to the enactment of this Act.
TRANSITION INITIATIVES
The conference agreement does not include funding for
``Transition Initiatives''.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
The conference agreement provides $24,400,000 for
``Operating Expenses of the United States Agency for
International Development'' for security and extraordinary
operating costs in Iraq.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT OFFICE OF INSPECTOR GENERAL
The conference agreement provides $2,500,000 for
``Operating Expenses of the United States Agency for
International Development Office of Inspector General'' to
audit the expenditure of funds used for relief and
reconstruction in Iraq.
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
The conference agreement provides $1,433,600,000 for the
``Economic Support Fund'', instead of $1,058,200,000 as
proposed by the House and $1,636,300,000 as proposed by the
Senate. These funds would remain available until September 30,
2006.
The conference agreement includes $1,086,600,000 for
Afghanistan, $200,000,000 for assistance to Palestinians, of
which $50,000,000 should be for assistance for Israel to help
ease the movement of Palestinian people and goods in and out of
Israel, $20,000,000 for Haiti, $5,000,000 for Lebanon,
$100,000,000 for Jordan, and $22,000,000 for Sudan.
The conference agreement provides $1,086,600,000 for
Afghanistan under this heading, instead of $739,200,000 as
proposed by the House and $1,309,300,000 as proposed by the
Senate. The conference agreement assumes full funding for
health programs and provincial reconstruction team expenses and
support. The conferees direct the Department of State to
consult with the Committees on Appropriations prior to the
obligation of funds.
The conferees reiterate their firm commitment to the long
term development of Afghanistan and note that the fiscal year
2006 budget request for that country contains an additional
$920,000,000 from all accounts.
The conference agreement does not include Senate language
recommending $5,000,000 for Afghan women's organizations.
However, the conferees believe that USAID needs to be more
proactive in assisting women-led nongovernmental organizations
in Afghanistan, particularly those that defend women's rights
and support women's efforts to participate in the political
process. The conferees recommend that $5,000,000 be made
available to strengthen the capacity of these organizations.
The conference agreement includes language similar to a
Senate amendment that provides $5,000,000 for assistance for
displaced persons in Afghanistan. The conferees intend that
these funds be used to address the needs of displaced Afghans,
but that none of these funds are to be used to support a
satellite city housing project. The conferees request to be
consulted prior to the obligation of these funds.
The conference agreement does not include a reporting
requirement on Afghan security forces training, as proposed by
the Senate in section 2108. However, the conferees direct the
Department of State to submit such a report to the Committees
on Appropriations no later than 90 days after enactment of this
Act.
The conference agreement includes $22,000,000 to support
emergency needs in the implementation of the Comprehensive
Peace Agreement in southern Sudan. These needs include the
development of southern governmental institutions and support
for the commissions established in the North-South peace
accords.
The conferees recognize the importance of adequate health
care for Palestinian women and children and recommend
$3,500,000 to support the activities of the Holy Family
Hospital in Bethlehem and $2,000,000 to support the healthcare
activities of Hadassah, the Women's Zionist Organization of
America.
The conferees agree that the budget request and the
recommendation contained in this Act do not provide specific
direct financial support for the Palestinian Authority.
The conferees reiterate that the conditions and
restrictions on assistance for the West Bank, Gaza, and
Palestinian Authority contained in the General Provisions
section of division D of Public Law 108-447 apply to assistance
for the West Bank and Gaza recommended under this heading, as
well as the separate account requirement contained in section
529 of that law. The conferees further agree that the waiver
detailed in Presidentialdetermination 2005-10 shall not be
extended to funds appropriated under this Chapter.
The conference agreement includes a provision providing
$50,000,000 for assistance for Israel to help improve the
movement of people and goods in and out of Israel, as proposed
by the Senate. The conferees are aware that infrastructure will
be needed on both the Palestinian and Israeli sides of the
separation lines and intend that these funds be used to meet
the great need in developing this infrastructure. The resulting
flow of goods and people should greatly improve the economic
well-being of the Palestinian people while building the revenue
base of the Palestinian Authority.
The $200,000,000 provided in this account shall only be
allocated as requested and detailed in the following table. The
Administration may reallocate, only within the projects listed
here, up to 10 percent of any of the following allocations,
except that the total for the allocation receiving such funds
may not be increased by more than 20 percent. Any reallocations
shall be subject to prior consultations with the Committees on
Appropriations.
[In thousands of dollars]
Economic Revitalization:
Palestinian agriculture and agribusiness production
and marketing..................................... $15,000
Trade promotion and capacity building............... 24,000
Home construction financing......................... 1,000
Job creation, with an emphasis on construction of
schools and community centers..................... 20,000
Improved flow of people and goods into Israel....... 50,000
Subtotal, Economic Revitalization................... 110,000
Infrastructure Development:
Roads and water..................................... 50,000
Democratic reform and the rule of law............... 16,000
Community Policing.................................. 3,000
Education, including vocational training............ 8,000
Health care and food assistance..................... 13,000
Subtotal, Infrastructure Development................ 90,000
--------------------------------------------------------
____________________________________________________
Total........................................... $200,000,000
The conference agreement provides $20,000,000 for
assistance for Haiti, of which $2,500,000 is for criminal case
management, case tracking and the reduction of pre-trial
detention. The conferees are concerned with the prolonged
detention of Haitians, many of whom have not been charged with
any crime, which is both illegal and life threatening. The
conferees intend that USAID will take immediate steps to
address this potentially explosive situation. The conferees
expect the balance of funds to be made available to address
urgent and pressing needs for additional election assistance,
employment and public works projects, and police assistance.
The conferees direct that the obligation of funds be subject to
prior consultation with the Committees on Appropriations.
The conferees note recent political developments in
Lebanon and provide $5,000,000 for support of democracy
activities and programs. The conferees expect these funds to be
managed by Bureau of Democracy, Human Rights and Labor at the
Department of State.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION
The conference report includes $70,000,000 for
``Assistance for the Independent States of the Former Soviet
Union'', as proposed by the Senate, instead of $33,700,000 as
proposed by the House.
Funds in this account are allocated in the following
table and, as stipulated in section 2111, any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
Assistance for the Independent States of the Former Soviet Union
[In thousands of dollars]
Ukraine....................................................... $60,000
North Caucasus................................................ 5,000
Belarus....................................................... 5,000
--------------------------------------------------------------
____________________________________________________
Total..................................................... $70,000
The conferees are encouraged by recent political
developments in Ukraine and recommend $60,000,000 for
assistance for that country. This funding should be used for
programs to further political and economic reforms and to
strengthen democracy and the rule of law.
The conference agreement provides $5,000,000 for
humanitarian, conflict mitigation, and relief and recovery
assistance for needy families and communities in Chechnya,
Ingushetia, and elsewhere in the North Caucasus. The conferees
intend these funds to be administered by USAID's Moscow Mission
and Office of Conflict Management and Mitigation, in
consultation with the Committees on Appropriations.
The conferees expect that of the funds made available for
democracy assistance for Belarus, $2,500,000 will be made
available to the Bureau of Democracy, Human Rights and Labor,
Department of State, for political party development
activities. The conferees recommend that the balance of funds
be used to support independent media and civil society in
Belarus.
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The conference agreement includes $620,000,000 for
``International Narcotics Control and Law Enforcement'',
instead of $594,000,000 as proposed by the House and
$660,000,000 as proposed by the Senate. These funds remain
available for obligation until September 30, 2007.
The conferees expect that of the funds provided under
this heading, $260,000,000 shall be made available for
counternarcotics programs and activities.
MIGRATION AND REFUGEE ASSISTANCE
The conference agreement provides $120,400,000 for
``Migration and Refugee Assistance'' instead of $103,400,000 as
proposed by the House or $108,400,000 as proposed by the
Senate. Of the total, the conferees include $48,400,000 for
assistance to those individuals affected by the ongoing
conflict in Darfur, $5,000,000 for easing the flow of refugees
returning to southern Sudan, $26,000,000 to help the
Administration meet its fiscal year 2005 refugee protection
goals, and $41,000,000 for assistance needs in Africa other
than in southern Sudan and Darfur.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The conference agreement provides $24,600,000 for
``Nonproliferation, Anti-Terrorism, Demining and Related
Programs'' instead of $17,100,000 as proposed by the House and
$32,100,000 as proposed by the Senate. The conferees intend for
the funds to be used as follows: $17,100,000 for the protection
of Afghan President Karzai, as requested, and $7,500,000 for
the Non-proliferation and Disarmament Fund. These funds remain
available until September 30, 2006.
FUNDS APPROPRIATED TO THE PRESIDENT
OTHER BILATERAL ASSISTANCE
GLOBAL WAR ON TERROR PARTNERS FUND
(INCLUDING TRANSFER OF FUNDS)
The conference agreement does not include funding for the
Global War on Terror Partners Fund. The House did not recommend
funding for this account, and the Senate proposed $25,500,000.
Funding for the purposes of the Solidarity Initiative is
addressed under ``Peacekeeping Operations''.
Military Assistance
Funds Appropriated to the President
FOREIGN MILITARY FINANCING PROGRAM
The conference agreement includes $250,000,000 for
``Foreign Military Financing Program'', as proposed by the
House and Senate and as contained in the request. The conferees
recommend $150,000,000 for Pakistan and $100,000,000 for
Jordan.
PEACEKEEPING OPERATIONS
The conference agreement includes $240,000,000 for
``Peacekeeping Operations'' instead of $10,000,000 as proposed
by the House and $210,000,000 as proposed by the Senate. Of
these funds, $10,000,000 is for the reform of security forces
in southern Sudan, up to $200,000,000 for assistance to
coalition allies with troops in Iraq and Afghanistan, and up to
$30,000,000 that may be used 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. This funding could be used, for example, for
training and equipment of foreign counter-terrorism forces or
border security forces. The conferees commend the President's
Solidarity Initiative.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2101. The conference agreement includes a general
provision proposed by the Senate, and similar to that proposed
by the House, that amends section 307(a) of the Foreign
Assistance Act of 1961 by striking ``Iraq'' from the list of
countries for which the United States would otherwise be
required to withhold voluntary contributions.
Sec. 2102. The conference agreement includes a general
provision as proposed by the House and Senate that rescinds
previously appropriated funds for Turkey in P.L. 108-11. The
conferees intend that any costs associated with the rescission
of funds, and termination of planned programs, may be funded
from within the subject unexpended balances.
Sec. 2103. The conference agreement includes a general
provision proposed by the House bill, regarding audit
requirements for U.S. bilateral assistance made available under
``Economic Support Fund'' for assistance for the West Bank and
Gaza and assistance for the Palestinian Authority.
Sec. 2104. The conference agreement includes a general
provision proposed by the House that establishes financial
reporting requirements for funds appropriated in this chapter
prior to their obligation. The purpose of the financial plan is
to ensure that the Committees on Appropriations have a complete
and detailed understanding of how agencies intend to use the
resources provided in this chapter. The provision allows 15
percent of funds to be obligated prior to the submission of the
financial report, which is due 30 days after enactment. This
restriction on new obligations does not apply to funds used to
reimburse accounts for obligations made prior to enactment.
Sec. 2105. The conference agreement includes a general
provision, as proposed by the House, that establishes certain
auditing requirements for counternarcotics and alternative
development funding in fiscal year 2005 in Afghanistan.
Sec. 2106. The conference agreement includes a provision,
similar to that proposed by the House and Senate, regarding a
reporting requirement regarding the Palestinian Authority, and
provides that up to $5,000,000 from funds provided for the West
Bank and Gaza may be used for an independent audit of
Palestinian Authority expenditures and accounting procedures.
Sec. 2107. The conference agreement includes a provision
allowing certain amounts in the fiscal year 2005 State
Department Appropriations Act to be subject to certain
reprogramming requirements, as proposed by the Senate.
Sec. 2108. The conference agreement includes a general
provision similar to that proposed by the Senate, which
earmarks $20,000,000 provided in Public Law 108-106 under the
heading ``Iraq Relief and Reconstruction Fund'' for assistance
for families and communities of innocent Iraqi victims of the
military operations. This assistance is designated as the
``Marla Ruzicka Iraqi War Victims Fund'', in memory of Marla
Ruzicka who on April 16, 2005, died at the age of 28 in a car
bomb attack in Baghdad. Marla Ruzicka inspired the creation of
this program and a similar program in Afghanistan.
Sec. 2109. The conference agreement includes a general
provision, as proposed by the Senate, that makes a technical
change to the Millennium Challenge Authorization Act, 2003.
Sec. 2110. The conference agreement includes a provision,
similar to that proposed by the House, requiring that
recipients of United States emergency humanitarian assistance
establish a code of conduct consistent with internationally
accepted principles established to protect victims of disasters
from exploitation.
Sec. 2111. The conference agreement includes a new
provision requiring that funds in the following accounts be
allocated as indicated in the statement of managers
accompanying this Act: ``Economic Support Fund'' and
``Assistance for the Independent States of the Former Soviet
Union''. Any change to these allocations is subject to the
regular notification procedures of the Committees on
Appropriations.
The conference agreement does not include Senate sections
2104, 2107, 2108, and 2111.
TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON TERROR
CHAPTER 1
DEPARTMENT OF ENERGY
NATIONAL NUCLEAR SECURITY ADMINISTRATION
DEFENSE NUCLEAR NONPROLIFERATION
The conference agreement provides $84,000,000 for defense
nuclear nonproliferation, of which $55,000,000 is to address
urgent priorities outside of the former Soviet Union to secure
nuclear materials from diversion or theft by terrorists or
states of concern, and $29,000,000 is for the deployment of
radiation detection equipment and the training of law
enforcement officials in overseas ports to provide them with
the technical means to detect, deter, and interdict illicit
trafficking in nuclear and other radioactive materials through
the MegaPorts program.
CHAPTER 2
DEPARTMENT OF HOMELAND SECURITY
CUSTOMS AND BORDER PROTECTION
SALARIES AND EXPENSES
The conferees provide $124,425,000 for costs associated
with hiring, training, equipping and supporting 500 Border
Patrol agents, instead of $105,451,000 as proposed by the
Senate and no funding as proposed by the House. Funds are to
remain available until September 30, 2006. Of this amount,
$49,075,000 in new funding is provided and designated an
emergency requirement. The conferees have included bill
language that requires the Secretary of Homeland Security to
provide the Committees on Appropriations a plan not later than
June 15, 2005, for the expeditious implementation and execution
of these funds.
The conferees are concerned that the amounts appropriated
in Public Laws 107-117 and 108-11 for ``Customs and Border
Protection'' have not been fully obligated. The conferees
direct the Secretary of Homeland Security to immediately
utilize the remaining funds for the purposes appropriated. The
conferees further direct the Secretary to submit, within 30
days of enactment of this Act, a plan for the obligation of
these funds.
CONSTRUCTION
The conferees provide $51,875,000 for construction costs
associated with hiring an additional 500 Border Patrol agents,
instead of $41,500,000 as proposed by the Senate, and no
funding proposed by the House. Funding is to remain available
until September 30, 2006. The conferees have included bill
language that requires the Secretary of Homeland Security to
provide the Committees on Appropriations a plan not later than
June 15, 2005, for the expeditious implementation and execution
of these funds. This funding is designated an emergency
requirement.
IMMIGRATION AND CUSTOMS ENFORCEMENT
SALARIES AND EXPENSES
The conferees provide a total of $454,250,000 for
Immigration and Customs Enforcement, Salaries and Expenses, as
opposed to $276,000,000 proposed by the Senate and no funding
as proposed by the House. Of these funds, $349,050,000 is
designated as an emergency requirement. Of this amount,
$93,050,000 is made available to fund an additional 50 criminal
investigator positions, 168 Immigration Enforcement Agents and
Deportation Officers, and 1,950 additional detention beds; and
not less than $11,000,000 is made available to immediately lift
the hiring freeze. The conferees do not provide the
$389,613,000 in non-emergency funding that was proposed by the
Senate.
The conferees endorse the views expressed in the Senate
Committee report (Senate Report 109-152), and direct
Immigration and Customs Enforcement (ICE) to realign its
Detention and Removal Operation Program, by program, project,
and activity, as set forth on pages 51 and 52 of that report.
The conferees also direct ICE to make available additional user
fees as set forth on page 52 of that report. Because the
conferees have included funds above the realigned amounts
referenced above, in lieu of the Senate reporting requirement,
the conferees direct the Secretary to submit a detailed report
by June 15, 2005, to the Committees on Appropriations on the
Department's plan for an expeditious implementation of the
hiring and spending authorized in this Act, showing the on-
board level of FTEs for each individual office by location; the
number of vacant FTEs; and the new hires planned by week for
each office beginning the week after enactment of this Act
through September 30, 2005.
The conferees are aware that ICE has been unable to
obligate for fiscal year 2005 enhancements and initiatives due
to the uncertainty of its financial condition and its pending
reprogramming. The conferees wish to ensure that these programs
are initiated in an orderly way, that requisite funds do not
lapse, and that continuity of funding is assured. Therefore,
within the total amounts provided, the conferees include
$85,200,000, offset by a rescission, and direct the Department
to include funding required to annualize and continue
activities supported with these funds in its fiscal year 2007
budget.
United States Coast Guard
OPERATING EXPENSES
The conference agreement includes $111,950,000 for U.S.
Coast Guard operations in support of Operation Iraqi Freedom
and Operation Enduring Freedom as proposed by both the House
and the Senate. The entire amount is designated as an emergency
requirement.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
The conference agreement includes $49,200,000 as proposed
by the House and the Senate, to remain available until
September 30, 2007. The conferees agree that the funds may be
used for procurement of new U.S. Coast Guard 110-foot patrol
boats or major refits, renovation, and subsystem replacement
for these boats, as proposed by the House. The Senate proposed
this funding be used only for renovation and subsystem
replacement. The entire amount is designated as an emergency
requirement.
By July 1, 2005, or prior to the obligation of funds, the
Coast Guard is directed to provide to the House and Senate
Appropriations Committees an analysis of the costs and benefits
of procuring new 110-foot or 123-foot patrol boats versus
renovating the existing 110-foot patrol boats. This analysis is
to include the expected available patrol boat mission hours
over the next 10 years with the existing fleet versus the
yearly mission hours conducted since 9/11 and the 10-year
projected mission hour needs. The analysis should explain how
the Coast Guard intends to meet the mission needs filled by the
110-foot patrol boat. The conferees note that this information
was first requested in 2004 as part of the statement of
managers accompanying Public Law 108-334. The report was due on
February 10, 2005, but has not been received to date.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
The conferees provide funding for the Federal Law
Enforcement Training Center salaries and expenses of $2,568,000
and make the funding available until September 30, 2006, to
accommodate the training for new Border Patrol Agents and
Immigration and Customs Enforcement agents and officers.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
The conferees provide $1,882,000 for facilities, to
remain available until September 30, 2006, for costs associated
with additional Border Patrol and ICE training.
CHAPTER 3
DEPARTMENT OF JUSTICE
General Administration
DETENTION TRUSTEE
The conference agreement includes $184,000,000 for the
Detention Trustee account. Funding is provided in lieu of any
previous transfers made into this account in fiscal year 2005
from the Asset Forfeiture Fund.
Legal Activities
ASSET FORFEITURE FUND
(RESCISSION)
The conference agreement includes a rescission of
$40,000,000 from unobligated balances in this account.
United States Marshals Service
SALARIES AND EXPENSES
The conference agreement provides $11,935,000 for the
United States Marshals Service (USMS) as proposed by the
Senate. Recent events prove a need for increased judicial
security outside of courthouse facilities to better detect,
assess and respond to threats and inappropriate communications
made to judges. The conference agreement provides this funding
for off-site security enhancements for judges, such as home
intrusion detection systems. In coordination with the
Administrative Office of the United States Courts, the USMS
shall submit a spending plan to the Committees on
Appropriations prior to the obligation of any of these funds.
The conferees also believe the USMS should reevaluate existing
policies governing judicial protection and direct the USMS to
submit a report on its updated policies to the Committees on
Appropriations no later than July 30, 2005.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The conference agreement provides $73,991,000 for the
Federal Bureau of Investigation (FBI), instead of $78,970,000
as proposed by the House and $66,512,000 as proposed by the
Senate. The conferees strongly support the FBI's deployment in
Iraq and the operations of the Terrorist Screening Center.
However, the conferees are disappointed that the fiscal year
2005 budget request did not include sufficient funding for
these critical ongoing operations. If additional resources are
needed for either of these activities, the conferees will
support a reprogramming of funding from lower priority
programs.
Iraqi Operations.--The conference agreement includes
$34,531,000 for operations in Iraq instead of $40,000,000 as
proposed by the House and $29,062,000 as proposed by the
Senate.
Terrorist Screening Center (TSC).--The conference
agreement includes $35,210,000 for TSC instead of $38,970,000
as proposed by the House and $31,450,000 as proposed by the
Senate. The conference agreement adopts the House and Senate
report language expressing concern about TSC's continued
reliance on temporary duty staff to perform this critical
mission.
The conference agreement adopts the House report language
requiring the Office of Inspector General to evaluate TSC's
plan to support the Secure Flight program. The report to the
House and Senate Appropriations Committees shall be submitted
by August 1, 2005. The conference agreement adopts the Senate
report language requiring submission of a long-term plan for
TSC to be submitted no later than September 1, 2005. The report
shall include the following: (1) a five year staffing and
spending plan for TSC; (2) a list of TSC's existing and
projected users, their sponsoring agency, and that agency's
financial and in-kind contributions to TSC; (3) a comprehensive
description and direct cost estimate of the unique needs of
these users by agency, fiscal year, project, program and
activity; (4) an estimated cost on a by-user basis (including a
listing of each user agency); and (5) any additional TSC
requirements and the costs associated with those requirements.
Office of Inspector General.--The conference agreement
includes $1,250,000 to be transferred to the Office of
Inspector General (OIG) to support the OIG's review of the TSC
and other counterterrorism activities.
Special Technologies and Applications Section (STAS).--
The conference agreement includes $3,000,000 for STAS, instead
of no funding as proposed by the House and $6,000,000 as
proposed by the Senate. This funding is provided to accelerate
the development and deployment of intelligence analysis tools.
The conferees are aware of the unique space requirements
of the STAS and direct STAS to work with the General Services
Administration and to use existing resources to lease up to
175,000 square feet of additional facility space within its
immediate surrounding area.
Drug Enforcement Administration
SALARIES AND EXPENSES
The conference agreement includes $7,648,000 as proposed
by the House and Senate, for the Drug Enforcement
Administration's counternarcotics efforts to reduce poppy and
heroin production in Afghanistan.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The conferees recommend $4,000,000 for the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF), instead of
$5,100,000 as proposed by the Senate. The House did not propose
any funding for this account.
This funding is provided to support ATF's on-going
activities in the Iraq theater of operations, including
assistance to the U.S. military. Within the amount provided,
$2,100,000 shall be for expenditures in direct support of
explosives enforcement and firearms tracking in Iraq; $400,000
shall be for a Combined Explosives Exploitation Cell to provide
improvised explosive device (IED) technical support to the
Department of Defense components in Iraq; and $1,500,000 for
operations to track explosives incidents in Iraq in a
centralized database and to provide technical expertise in the
exploitation of IED's. The conferees direct that, prior to the
obligation of the funds for a centralized database, the ATF
shall submit a plan to the Committees on Appropriations that
identifies the timetable, requirements, scope and costs related
to its creation.
CHAPTER 4
LEGISLATIVE BRANCH
House of Representatives
PAYMENT TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF CONGRESS
The conference agreement includes the customary death
gratuity to Doris K. Matsui, widow of Robert T. Matsui, late a
Representative from the State of California.
SALARIES AND EXPENSES
The conference agreement includes $39,000,000 for House
operations related to Business Continuity/Disaster Recovery,
secure and digital mail, and information system security.
ADMINISTRATIVE PROVISIONS
The conference agreement includes an administrative
provision related to the deposit of fees. In addition, language
is included making a technical correction for the chair of the
Committee on Appropriations, or his designee, of the House of
Representatives to be a member of the Joint Committee on the
Library and the Board of Trustees of the Open World Leadership
Program.
CAPITOL POLICE
GENERAL EXPENSES
The conference agreement provides an additional amount of
$11,000,000 for General Expenses, Capitol Police. This includes
$2,600,000 for technical counter measures during the
construction of the Capitol Visitor Center. The conferees
direct the Capitol Police to purchase the necessary equipment
for the Security Services Bureau with available unobligated
balances. In addition, $8,400,000 is provided for the purchase
of escape hoods for the Capitol Complex. The conference
agreement does not provide funding for radio system repairs and
security infrastructure for the Fairchild Building, as proposed
by the Senate. The Capitol Police are directed to fund these
items with available unobligated balances.
Architect of the Capitol
CAPITOL GROUNDS
The conference agreement provides an additional amount of
$8,200,000, to remain available until September 30, 2006, to
complete perimeter security for the Capitol Square.
CAPITOL POLICE BUILDINGS AND GROUNDS
The conferees have agreed to provide $2,500,000 for an
Interim Offsite Delivery/Screening Facility and $1,600,000 for
design of a permanent Offsite Delivery/Screening Facility, both
to be located at DC Village. The conferees expect that the
Architect will move expeditiously to complete this critical
project and keep the Committees apprised of progress on a
regular basis.
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)
The conference agreement provides $656,000,000 for
emergency relief, rehabilitation and reconstruction aid to
countries affected by the tsunami of December 26, 2004 and the
earthquakes of December 2004 and March 2005, as proposed by the
Senate instead of $659,000,000 as proposed by the House.
The conference agreement authorizes the Secretary of
State to transfer funds to any Federal agency or account for
activities authorized under the Foreign Assistance Act of 1961
or under the Agricultural Trade Development and Assistance Act
of 1954. Of these funds, up to $17,500,000 may be transferred
to USAID's operating expenses and $1,000,000 may be transferred
to USAID's Office of Inspector General to cover the unexpected
costs of administering and auditing the assistance.
The conference agreement includes authority, as proposed
by the Senate, to use funds appropriated under this heading to
address the potential health crisis should the avian influenza
virus become pandemic in Southeast Asia. The Committees on
Appropriations expect to be consulted prior to the obligation
or expenditure of such funds.
The conference agreement allows $10,000,000 to be
transferred to and consolidated with USAID's ``Development
Credit Authority'' for the cost of direct loans and loan
guarantees. An additional $5,000,000 may be transferred to and
consolidated with the State Department's ``Emergencies in the
Diplomatic and Consular Service'' account.
The conference agreement provides authority for the
United States to participate with other countries in a
multilateral agreement to defer and reschedule the debt owed to
United States Government agencies by the governments of
countries affected by the tsunami and earthquakes. To get their
debt rescheduled, the governments of these countries must
commit to provide an equivalent amount of resources to the
victims of the natural disasters. To ensure transparency, the
Secretary of State is required to arrange for an outside
independent evaluation of each country's compliance with the
commitment.
The conference agreement provides $5,000,000 to support
environmental recovery activities in tsunami-affected
countries.
The conference agreement provides $10,000,000 for
programs and activities that create new economic opportunities
for women. The conferees recommend $10,000,000 for small grants
to support training and equipment for women-led, local non-
governmental organizations.
The conference agreement provides $1,500,000 to support
initiatives for the protection of women and children from
violence, trafficking and exploitation.
The conference agreement provides $1,500,000 for programs
to address the needs of people with disabilities resulting from
injuries and trauma caused by the tsunami, instead of
$12,000,000 as proposed by the Senate.
The conference agreement provides that $12,500,000 should
be made available to support initiatives that focus on the
immediate and long-term needs of children.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 4101. The conference report includes a general
provision proposed by both the House and Senate that provides
that amounts provided under this chapter shall be in addition
to amounts that may be obligated in fiscal year 2005 under
section 492(b) of the Foreign Assistance Act of 1961.
Sec. 4102. The conference agreement includes a general
provision proposed by the House that establishes financial
reporting requirements for funds appropriated in this chapter
prior to their obligation. The purpose of the financial plan is
to ensure that the Committees on Appropriations have a complete
and detailed understanding of how agencies intend to use the
resources provided in this chapter. The provision allows 15
percent of funds to be obligated prior to the submission of the
financial report, which is due 30 days after enactment. This
restriction on new obligations does not apply to funds used to
reimburse accounts for obligations made prior to enactment. The
Senate bill did not address this provision.
Sec. 4103. The conference agreement includes a general
provision similar to that proposed by both the House and Senate
that allows funds appropriated to be obligated and expended
notwithstanding section 15 of the State Department Basic
Authorization Act, section 313 of the Foreign Relations
Authorization Act, section 10 of Public Law 91-672, and section
504(a)(l) of the National Security Act of 1947.
Sec. 4104. The conference agreement includes a general
provision, similar to language proposed by the Senate,
providing $25,000,000 to combat the spread of the avian
influenza virus. The conferees are gravely concerned by the
current outbreak in Southeast Asia, and therefore initiate a
coordinated inter-agency program to prevent and control the
spread of this virus. The conferees understand that the Centers
for Disease Control and Prevention (CDC) of the Department of
Health and Human Services have the necessary expertise to
implement the bulk of these activities and have accordingly
transferred $15,000,000 to CDC for use in combating the spread
of the avian influenza virus in Southeast Asia. The conferees
appreciate the valuable role the World Health Organization
(WHO) played in combating the SARS outbreak and expect that the
United States agencies will work closely with both the WHO and
the Food and Agricultural Organization to address the human and
animal components of this outbreak of the avian influenza
virus. The conferees recognize that, given the variety of
specialties necessary to mount such a program, an inter-agency
taskforce and plan will be developed and implemented. The
Committees on Appropriations expect to be consulted by this
taskforce not later than 30 days following enactment of this
Act on the status and implementation of such a plan.
The conference agreement does not include House section
5003 or Senate sections 6052 and 6054.
The conference agreement does not include Senate language
regarding the protection of the Galapagos. However, the
conferees endorse the findings of that amendment and strongly
urge the Government of Ecuador to (1) refrain from actions that
could cause harm to the biodiversity of the Galapagos or
encourage illegal fishing in the Marine Reserve; (2) select the
directorship of the Galapagos National Park Service through a
transparent process based on merit; (3) enforce the Galapagos
Special Law in its entirety; and (4) prohibit long-line
fishing.
The conference agreement does not include sense of the
Senate language regarding Nepal. However, the conferees deplore
the February 1, 2005 action by the King of Nepal dissolving the
multi-party government, and call for the immediate release of
all political detainees, the restoration of constitutional
liberties, and good faith negotiations with Nepal's political
party leaders to restore democracy.
CHAPTER 2
DEPARTMENT OF DEFENSE--MILITARY
The conference agreement recommends $225,650,000, as
proposed by the House and Senate to reimburse the Department of
Defense accounts for Indian Ocean Tsunami Relief costs, as
follows:
CHAPTER 3
DEPARTMENT OF HOMELAND SECURITY
United States Coast Guard
OPERATING EXPENSES
The conference agreement provides $350,000 to fund the
incremental cost of the U.S. Coast Guard's air operations in
support of tsunami relief efforts in Southeast Asia, as
proposed by both the House and the Senate. The entire amount is
designated as an emergency requirement.
CHAPTER 4
DEPARTMENT OF THE INTERIOR
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
The conference agreement provides $8,100,000 for surveys,
investigations, and research, as proposed by both the House and
the Senate, to provide increased earthquake and tsunami
detection through expansion of the Global Seismographic Network
and the National Earthquake Information Center.
CHAPTER 5
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
The conference agreement includes $7,070,000 for
``Operations, Research, and Facilities,'' as proposed by the
Senate, instead of $4,830,000 as proposed by the House. The
conference agreement includes, by reference, language in the
House report regarding the submission of an implementation plan
and timetable and regarding Native American communities living
near the Cascadia subduction zone, and language in the Senate
report regarding inundation mapping.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
The conference agreement includes $10,170,000 under this
account as proposed by the Senate, instead of $9,670,000 as
proposed by the House, to support the improvement of seismic
measurements and the acquisition and deployment of 32
additional tsunami-reporting buoys. The conferees encourage
NOAA to develop buoys with capabilities beyond the single
purpose of tsunami reporting. The conference agreement
includes, by reference, language in the Senate report regarding
the submission of a spending plan.
TITLE V--OTHER EMERGENCY APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Office of the Secretary
Asian Soybean Rust.--The conferees are aware that Asian
Soybean Rust has been identified in the United States and that
great harm to soybean production and rural economies may
result. It is important that the Department of Agriculture
initiate an immediate and strong response to meet this threat.
The conferees urge the Secretary to utilize funding from
available sources, including contingency and CCC resources, to
concentrate research, outreach, and regulatory activities in
those areas where Asian Soybean Rust has been identified and
where the greatest risk for disease expansion is evident.
Common Computing Environment.--The conferees direct that
of the funds made available to the Administrator of the Farm
Service Agency, not less than $33,000,000 shall be available
for Geographic Information Systems, of which not less than
$23,500,000 shall be available to the National Agricultural
Imagery Program.
Cooperative State Research, Education, and Extension Service Research
and Education Activities
The conference agreement does not include $3,000,000 for
a grant to the College of Tropical Agriculture and Human
Resources in Hawaii, as proposed by the Senate.
Natural Resources Conservation Service Emergency Watershed Protection
Program
The conference agreement provides $104,500,000 for
eligible work identified in the Emergency Watershed Protection
Program, Recovery Projects Unfunded list, including full
funding for eligible needs in the state of Utah. The Senate
proposed $103,000,000 for this account and the House proposed
no funding. The conference agreement directs the Secretary of
Agriculture to count certain local financial and technical
resources contributed toward flood recovery in Utah toward
local matching requirements, as proposed by the Senate.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 5101. The conference agreement includes a provision
to transfer unobligated amounts available under the Department
of Agriculture, Rural Housing Insurance Fund Program Account to
the Rental Assistance Account, for projects in North Carolina,
as proposed by the Senate.
Sec. 5102. The conference agreement includes language
regarding the eligibility of the Village of New Miami, Ohio,
for grants funded through the Rural Housing Assistance Grants
account within the Department of Agriculture, as proposed by
the Senate.
Senate Sec. 5103. The conference agreement does not
include funding for financial and technical assistance related
to the Manoa Watershed in Hawaii, as proposed by the Senate.
Sec. 5103. The conference agreement includes language
allowing for a transfer of Department of Agriculture funds from
the Lost River watershed project in West Virginia to the Upper
Tygart watershed project in West Virginia, as proposed by the
Senate.
Sec. 5104. The conference agreement includes language
providing the Secretary of Agriculture flexibility in
administering an existing grant to Alaska dairy farmers, as
proposed by the Senate.
CHAPTER 2
DEPARTMENT OF THE INTERIOR
Departmental Management
SALARIES AND EXPENSES
The conference agreement provides $3,000,000 in emergency
appropriations for salaries and expenses as proposed by the
Senate instead of no funding as proposed by the House.
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
Forest Service
Capital Improvement And Maintenance
The conference agreement provides $24,390,000 in
emergency appropriations for capital improvement and
maintenance instead of $31,980,000 as proposed by the Senate
and no funding as proposed by the House. The managers have
included the $2,410,000, recommended by the Senate in the
national forest system account, in this account to provide
management flexibility to use these emergency funds for the
most urgent priorities. Funding is provided for the repair of
national forest facilities and lands damaged by severe storms
in southern California, including the Angeles, Cleveland, Los
Padres and San Bernardino National Forests.
CHAPTER 3
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
(INCLUDING RESCISSIONS OF FUNDS)
The conference agreement includes modified language
proposed by the Senate providing $10,000,000 for a grant to
Pocono Township, Tannersville, Pennsylvania to assist in the
expansion of the only existing injectable influenza vaccine
production facility in the United States, which is located in
Swiftwater, Pennsylvania. The conferees are agreed that this
emergency appropriation is in the nation's interest because of
the national need to increase the supply of domestically
produced influenza vaccine and to decrease the likelihood of
another influenza vaccine shortage. The agreement includes five
rescissions of inactive Department of Health and Human Services
(HHS) funds to offset the spending. The funding and rescissions
were included in the Senate bill. The House bill included
neither the appropriation nor the rescissions.
The conference agreement also includes a new paragraph
providing an additional $58,000,000 to the Public Health and
Social Services Emergency Fund to be transferred to the Centers
for Disease Control and Prevention for the purchase of
influenza countermeasures for the Strategic National Stockpile.
The conferees understand that influenza countermeasures
include, but are not limited to, antiviral medications and
vaccines. The conferees believe these funds are urgently needed
to enhance our nation's preparedness to respond to a severe
influenza outbreak, particularly in light of the current
reports of Avian influenza activity in Southeast Asia.
This additional funding is offset by a rescission of
$58,000,000 of the cancer hospital loan fund created by section
1016 of the Medicare Modernization Act of 2003.
RELATED AGENCY
Institute for Museum and Library Services
OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND ADMINISTRATION
The conference agreement does not include $10,000,000 in
emergency funding for the University of Hawaii Library as
proposed by the Senate. The House bill did not include a
similar provision.
CHAPTER 4
THE JUDICIARY
Courts of Appeals District Courts and Other Judicial Services
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement does not include additional
funds for the Judiciary, as proposed by the Senate. The House
did not include a similar provision.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
HOUSING FOR PERSONS WITH DISABILITIES
(INCLUDING RESCISSION OF FUNDS)
The conference agreement includes the rescission and
reappropriation of fiscal year 2005 funds in this account in
order to provide two-year availability, as proposed by the
Senate. The House did not include a similar provision.
Office of Federal Housing Enterprise Oversight
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $5,000,000 in
additional funds for the Office of Federal Housing Enterprise
Oversight (OFHEO), as proposed by the Senate, with
modifications. The House did not include a similar provision.
These additional funds have been made available to ensure OFHEO
has enough resources to complete all necessary audits and to
pay for any litigation costs, as necessary. However, by
undertaking an assessment without first seeking an
appropriation and prior to receiving an appropriation, OFHEO
has placed the conferees in an untenable situation of
appropriating funds after the necessary offstting receipts have
been collected. Hence, without significant amendments the
conferees would have been scored for any appropriation
subsequent to the assessment. To have made the assessment
without informing the Committees on Appropriations demonstrates
an ignorance of budgetary rules, an arrogance in program
implementation and a serious attempt by OFHEO to ignore
statutory intent.
In providing these funds, the conferees require that
prior to any use of these appropriations, OFHEO must provide
the Committees on Appropriations with a detailed operating plan
and henceforth must provide quarterly reports on the use of all
funds appropriated to OFHEO.
GENERAL PROVISION, THIS CHAPTER
The conference agreement does not include a provision
providing $10,000,000 in new funds to cover the costs of
repairs at the University of Hawaii, as proposed by the Senate.
TITLE VI--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS
Sec. 6001. The conference agreement includes a provision
concerning the availability of funds, as proposed by both the
House and the Senate.
Sec. 6002. The conference agreement includes a provision
clarifying the application of designations within this Act
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
Sec. 6003. The conference agreement includes language
regarding Department of Agriculture business and industry
loans, as proposed by the Senate. The language directs that
such assistance may not be denied due to the failure of the
Secretary of Labor to certify the assistance within the
timeframe specified in the authorization.
Sec. 6004. The conference agreement includes a provision
related to the McClellan-Kerr Arkansas River navigation project
that corrects a citation to a public law under the heading
``Operation and Maintenance'' in title I of division C of
Public Law 108-447.
Sec. 6005. The conference agreement includes a technical
correction to a provision in title I of division C of Public
Law 108-447 relating to credits and reimbursements and per
state limitations on environmental infrastructure programs.
Sec. 6006. The conference agreement includes a provision
increasing the project cost estimate for the DeSoto County,
Mississippi, project described in Section 219(f)(30) of (106
Stat. 4835; 106 Stat. 3737; 113 Stat. 334), and allowing the
Secretary to reimburse the non-Federal sponsor for incurred
costs.
Sec. 6007. The conference agreement includes a provision
to increase the project cost estimate for the Fort Peck Fish
Hatchery project in Montana, as described in Section
325(f)(1)(A) of Public Law 106-541, to allow for the
expenditure of funds appropriated by Congress for fiscal year
2005.
Sec. 6008. The conference agreement includes a provision
relating to the authorized project cost and the non-federal
reimbursement regarding the SR-1 Bridge in Delaware.
Sec. 6009. The conference agreement includes a provision
relating to valuation of fabrication ports when analyzing
economic benefits for navigation projects.
Sec. 6010. The conference agreement includes a provision
relating to Environmental Infrastructure projects.
Sec. 6011. The conference agreement includes a provision
relating to the authorization of the Indiana Harbor and Canal,
Confined Disposal Facility, Indiana. The operation and
maintenance of the completed project shall remain a local
responsibility, consistent with the existing Project
Cooperation Agreement.
Sec. 6012. The conference agreement includes a provision
relating to the mitigation credit for the Big Cypress Seminole
Reservation Water Conservation Plan Project in Florida.
Sec. 6013. The conference agreement includes a provision
making a technical correction relating to the San Gabriel Basin
Restoration Fund in Title II of division C of Public Law 108-
447 relating to the deposition of a previous appropriation in
the San Gabriel Basin Restoration Fund and the authorized uses
of the San Gabriel Basin Restoration Fund.
Sec. 6014. The conference agreement includes a provision
authorizing the Bureau of Reclamation to expend funds in
meeting the terms of the Biological Opinion 2003 for the Rio
Grande River.
Sec. 6015. The conference agreement includes a provision
that extends Section 8 of Public Law 104-298 (The Water
Desalination Act of 1996) to allow for the expenditure of funds
appropriated by Congress.
Sec. 6016. The conference agreement includes a provision
providing $2,000,000 for the National Center for Manufacturing
Sciences in Michigan, and $825,000 for a research and
development project in California to advance the state of metal
hydride hydrogen storage using a technologically feasible and
commercially viable approach.
Sec. 6017. The conference agreement includes a provision
providing, within available funds for the Office of Science,
$2,000,000 for continuation of project DE-FG0204ER63842-
04090945, the Southeast Regional Cooling, Heating, and Power
and Biofuel Application Center in Mississippi, $3,000,000 for
the University of Texas Southwestern Medical Center, Dallas
Metroplex Comprehensive Imaging Center, $500,000 for
desalination technology at University of Nevada-Reno, $500,000
for the Oral History of the Negotiated Settlement project at
UNR, $4,000,000 for the Fire Sciences Academy in Elko, Nevada,
and $2,000,000 for the upgrade of chemistry laboratories at
Drew University, New Jersey.
Sec. 6018. The conference agreement includes a provision
providing $1,000,000, within available funds for Fossil Energy
Research and Development, for remediation of natural gas leaks
in the Borough of Versailles, Pennsylvania.
Sec. 6019. The conference agreement includes a provision
making a technical correction to allow for the transfer of
$10,000,000 to carry out the purpose of section 3147 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005, Public Law 108-375, regarding the Pajarito Plateau
Homesteader claims, and a provision relating to cybersecurity
at DOE laboratories.
Sec. 6020. The conference agreement includes a provision
allowing the transfer of funds from the Defense Site
Acceleration Completion account to ensure that projects within
Defense Environmental Services are funded without unduly
impacting mission activities and statutory requirements, and
provides $2,000,000, from within available funds, for the
Tularosa Basin Desalination facility.
Sec. 6021. The conference agreement includes a provision
allowing the transfer of up to $4,000,000 from Defense Site
Acceleration Completion to Weapons Activities to carry out
environmental cleanup of lands transferred from Los Alamos
National Laboratory.
Sec. 6022. The conference agreement includes a provision
to clarify Department of Energy small business contracting
requirements.
Sec. 6023. The conference agreement includes a provision
making technical corrections regarding nuclear waste disposal
in Title III of division C of Public Law 108-447.
Sec. 6024. The conference agreement modifies a Senate
provision related to the ``Department of Homeland Security
Working Capital Fund''. The conferees are displeased with the
Department's use of the Working Capital Fund (WCF). The
Department of Homeland Security has not complied with the
requirements of the fiscal year 2005 Appropriations Act or the
statement of managers accompanying the conference report with
respect to the WCF. The Department has used the WCF for
projects and activities about which Congress has not been
informed, or for which Congress has not provided
appropriations. While the WCF can be a useful management tool,
it will only exist if the rules detailed in the annual
appropriations acts and reports are strictly adhered to. The
Department must comply with statutory reprogramming
notification requirements, regardless of the source of funds,
and notify the House and Senate Appropriations Committees prior
to initiating a new project, whether it is run through the WCF,
reimbursable agreements, the Economy Act, or within any single
component of the Department.
The conferees understand that the Operation Integration
Staff (I-Staff) has been removed from the WCF, but that funds
have been obligated for this purpose in fiscal year 2005. In
the past, the Committees objected to the use of the WCF for the
I-Staff. The conferees direct a full and complete reporting,
within 15 days of enactment of this Act, of all funds obligated
in fiscal years 2004 and 2005 for the I-Staff, including
funding sources, the number and source of all detailees, and a
description and explanation of all travel and contracts. The
conferees also understand that the Homeland Secure Data Network
(HSDN) has been funded through the WCF. This program is further
addressed in this statement of managers. No further obligations
for the I-Staff and HSDN shall occur unless an official
reprogramming notification is provided to and approved by the
House and Senate Appropriations Committees.
Sec. 6025. The conference agreement includes a new
general provision requiring annual appropriations
justifications for the WCF, and requiring that justifications
for each component of the Department carry explicit information
about WCF charges, reimbursable agreements, and uses of the
Economy Act.
Sec. 6026. The conference agreement includes and modifies
a provision, as proposed by the Senate, related to the Chief
Information Officer (CIO). The conferees withhold from
obligation $5,000,000 of the CIO's salaries and expenses until
the CIO submits an expenditure plan for information technology
projects funded by the CIO or funded through the use of
reimbursable agreements.
The conferees remind the Department of Homeland Security
that it is failing to abide by the statutory requirements for
the reprogramming and transfer of funds, and the initiation of
new programs, projects or activities. Pursuant to law, advanced
notification to the House and Senate Appropriations Committees
is required prior to the CIO initiating any new information
technology project. The conferees direct the CIO to submit a
list of every project underway or planned for fiscal year 2005;
a complete list of all legacy systems in operation as of March
1, 2003; the operating status of those systems; and plans for
continued operation or termination of each system. The
conferees direct the CIO to submit an expenditure plan for all
on-going or planned projects, to include but not be limited to:
total project costs, key milestones, obligations to date,
contracts entered into, and a list of all funding sources
specifying the exact dollar amount.
In addition, the conferees direct the Department to
submit a report detailing all reimbursable agreements between
the CIO's office and other departmental organizations in effect
or planned for fiscal year 2005, as well as all of those
anticipated for fiscal year 2006.
The CIO is directed to submit to the House and Senate
Appropriations Committees an analysis demonstrating that the
Homeland Secure Data Network (HSDN) is more cost effective than
other alternatives that were considered prior to the initiation
of the project. The report on the HSDN should accompany the
expenditure plan required by this Act. The conferees have no
bias towards development of the HSDN, but are extremely
concerned by the lack of any presentation on the need for this
project in the fiscal year 2004 or 2005 appropriations
justifications. The conferees note, for example, that the
contract for the development and implementation of the HSDN was
awarded on April 12, 2004, yet the fiscal year 2004 project
plans for the CIO's office were submitted April 20, 2004, with
no mention of the HSDN project.
Sec. 6027. The conference agreement includes a provision
rescinding funds appropriated by Public Law 108-334.
Sec. 6028. The conference agreement includes a provision
rescinding unobligated balances in the ``Department of Homeland
Security Working Capital Fund.''
Sec. 6029. The conference agreement includes a
legislative provision, as proposed by the Senate, that requires
all Department of Homeland Security funding contained in this
supplemental Act to be subject to the reprogramming and
transfer guidelines outlined in Public Law 108-334.
Sec. 6030. The conference agreement includes a technical
correction to the fiscal year 2005 appropriations Act, as
proposed by the House and the Senate, dealing with a land
transfer by the Bureau of Land Management.
Sec. 6031. The conference agreement includes a transfer
of funds in the Forest Service from the capital improvement and
maintenance account to the State and private forestry account,
as proposed by the Senate. This is a technical correction to
the fiscal year 2005 appropriations Act.
Sec. 6032. The conference agreement includes a provision,
as proposed by the Senate, permitting the National Park Service
to use appropriated funds for the construction, operation, and
maintenance of an expansion to the West Yellowstone Visitor
Information Center at Yellowstone National Park in Montana.
Sec. 6033. The conference agreement includes a limitation
on the use of funds, as proposed by the Senate, specifying that
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.
Sec. 6034. The conference agreement modifies a provision,
proposed by the Senate, dealing with oil and gas mineral
activities at Gulf Islands National Seashore in Mississippi.
The modification clarifies the specific lands upon which
certain activities are authorized and makes other technical
changes to the language.
Sec. 6035. The conference agreement includes a provision,
proposed by the Senate, extending the authorization for section
402(b) of the Surface Mining Control and Reclamation Act of
1977 through September 30, 2005.
Sec. 6036. The conference agreement includes the
Reaffirmation of State Regulation of Resident and Nonresident
Hunting and Fishing Act of 2005 as proposed by the Senate.
Sec. 6037, Sec. 6038, and Sec. 6039. The conference
agreement includes several technical corrections to State and
Tribal Assistance Grants projects in the Environmental
Protection Agency.
TRANSFER AUTHORITY
Section 6040. The conference agreement modifies a general
provision as proposed by the Senate (section 6035) pertaining
to the repeal of transfer authority for the Departments of
Labor and Health and Human Services. The House bill contained
no similar provision. The conference agreement repeals the
Department of Labor transfer authority provided in section 102
of Public Law 108-447, and specifies that the general transfer
authority for the Department of Health and Human Services shall
be limited to emergency use only, and is not to be used to
create new programs, or to fund any project or activity for
which no funds were provided in division F of Public Law 108-
447.
TECHNLCAL CORRECTIONS--FUND FOR THE IMPROVEMENT OF EDUCATION--FISCAL
YEAR 2005
Sec. 6041. The conference agreement includes modified
language, similar to that proposed by the Senate (section 6036)
making technical corrections to projects provided in Public Law
108-447 in the Fund for the Improvement of Education for fiscal
year 2005. The House bill included similar language in section
5009.
TECHNICAL CORRECTIONS--FUND FOR THE IMPROVEMENT OF POSTSECONDARY
EDUCATION--FISCAL YEAR 2005
Sec. 6042. The conference agreement includes modified
language, similar to that proposed by the Senate (section
6037), making technical corrections to projects provided in
Public Law 108-447 in the Fund for the Improvement of
Postsecondary Education for fiscal year 2005. The House bill
included similar language in section 5010.
TECHNICAL CORRECTIONS--FUND FOR THE IMPROVEMENT OF EDUCATION--FISCAL
YEAR 2004
Sec. 6043. The conference agreement includes a provision
proposed by the Senate (section 6038) making a technical
correction to a project provided in Public Law 108-199 in the
Fund for the Improvement of Education for fiscal year 2004. The
House bill did not include similar language.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR GRANT REVIEWS
Sec. 6044. The conference agreement includes a provision
as proposed by the Senate (section 6039) making a technical
correction to the appropriation for the Corporation for
National and Community Service. The House bill contained the
same provision (section 5011).
MEDICARE HEALTH CARE INFRASTRUCTURE IMPROVEMENT PROGRAM
Sec. 6045. The conference agreement includes a provision
as proposed by the Senate (section 6049) that clarifies the
eligibility of institutions that may apply for the cancer
hospital loan fund that was created by the Medicare
Modernization Act of 2003, and exempts the Secretary's
decisions on the program from judicial and administrative
review. The House bill contained no similar provision.
APPLICATION PROCESSING AND ENFORCEMENT FEES
Sec. 6046. The conference agreement includes a new
provision amending the Immigration and Nationality Act to
restore the authority of the Secretary of Labor to use a
portion of the proceeds from the application fee for the H-IB
temporary visa program to process applications for permanent
labor certifications.
TECHNICAL CORRECTION--HIGHER EDUCATION
(INCLUDING RESCISSION OF FUNDS)
Sec. 6047. The conference agreement includes a new
provision making a technical change to a project provided in
Public Law 108-447 in the Fund for the Improvement of
Postsecondary Education for fiscal year 2005. Neither the House
nor Senate bills included this provision.
DETROIT LABOR BUILDING
The conference agreement deletes without prejudice a
provision proposed by the Senate to transfer the full title on
the Detroit Labor Building to the State of Michigan. The
conferees understand this provision is not necessary to
complete the sale of the building. The House bill contained no
similar provision.
Sec. 6048. The Conference agreement includes language
which authorizes using royalty fees and payments for the
Library of Congress, Copyright Office, Copyright Royalty Judges
program.
Sec. 6049 makes a technical correction to Public Law 107-
68, regarding the Capitol Visitor Center.
Sec. 6050 makes a technical correction to Public Law 108-
7, regarding Senate accounts.
Sec. 6051. The conference agreement includes a provision
making technical corrections regarding NOAA appropriations.
Sec. 6052. The conference agreement includes a provision
making technical corrections regarding NOAA appropriations.
Sec. 6053. The conference agreement includes a provision
making technical corrections regarding NOAA appropriations.
Sec. 6054. The conference agreement includes a provision,
as proposed by the House, making a technical correction for the
purpose of a grant.
Sec. 6055. The conference agreement includes a provision,
as proposed by the House, making a technical correction to the
name of a grant recipient.
Sec. 6056. The conference agreement includes a provision,
as proposed by the House, making two technical corrections to a
grant recipient.
Sec. 6057. The conference agreement includes a new
provision making two technical corrections to the name of a
grant recipient.
Sec. 6058. The conference agreement includes a provision,
modified from the Senate bill, providing a technical correction
to the bankruptcy fee collection authorities.
Sec. 6059. The conference agreement includes a provision
regarding a Department of Commerce activity.
Sec. 6060. The conference agreement includes a provision
making a technical correction regarding the 9/11 Heroes Medal
of Valor.
Sec. 6061. The conference agreement includes a provision
making technical corrections to grants under the heading
``Capital Investment Grants'' in P.L. 108-447, as proposed by
the Senate.
Sec. 6062. The conference agreement includes a new
provision that modifies a project in Massachusetts contained in
P.L. 105-178.
Sec. 6063. The conference agreement includes a technical
correction to P. L. 108-447 with regard to the Oklahoma City
urbanized area, as proposed by the House.
Sec. 6064. The conference agreement includes a new
provision that authorizes the Secretary of Transportation to
access overflight fees beyond the authorized level of
$50,000,000 for the purpose of maintaining existing services
under the essential air service program. Should the total
amount of overflight fees collected not be sufficient to meet
all the funding needs of the program in this fiscal year, then
the Secretary is authorized to transfer funds from the
available balances of any program appropriated to, or directly
administered by, the Office of the Secretary to the essential
air service program. The Conferees expect the Office of the
Secretary to consult with the Committees on Appropriations of
the Senate and of the House of Representatives if such a
transfer is necessary and identify the source of the funds of
said transfer subject to normal reprogramming guidelines.
Sec. 6065. The conference agreement includes a new
provision that reiterates the application of current law
regarding U.S. cargo preference requirements to assistance
provided in this Act.
Sec. 6066. The conference agreement includes a provision
making technical corrections to certain judiciary fees, as
proposed by both the House and the Senate.
Sec. 6067. The conference agreement includes a provision
that corrects the amount provided in P.L. 108-447 for the Las
Cruces United States Courthouse to read $60,600,000 instead of
$60,000,000, as proposed by the Senate.
Sec. 6068. The conference agreement includes a provision
that corrects a citation in P.L. 108-447 to read
``572(a)(2)(A)(ii)'', as proposed by the Senate.
Sec. 6069. The conference agreement includes a provision
making technical corrections to three grants under the heading
``Community Development Fund'' in P.L. 108-447.
Sec. 6070. The conference agreement includes a provision
making technical corrections to two grants under the heading
``Community Development Fund'' in P.L. 108-7.
Sec. 6071. The conference agreement includes a provision
making technical corrections to eight grants under the heading
``Community Development Fund'' in P.L. 108-199.
Sec. 6072. The conference agreement includes a provision
making technical corrections to seven grants under the heading
``Community Development Fund'' in P.L. 108-447.
Sec. 6073. The conference agreement includes a technical
correction to Section 222 of Title II, Division I of P.L. 108-
447, as proposed by the Senate.
Sec. 6074. The conference agreement includes a new
provision that raises the ceiling on the number of Home Equity
Conversion Mortgages that FHA may insure from 150,000 to
250,000.
Sec. 6075. The conference agreement includes a new
provision that permits HUD to use 2005 appropriations to run
Public Housing Authorities that are placed under Federal
receivership in 2005.
Sec. 6076. The conference agreement includes a provision
that prohibits executive branch agencies from creating
prepackaged news stories that are broadcast or distributed in
the United States unless the story includes a clear
notification within the text or audio of that news story that
the prepackaged news story was prepared or funded by that
executive branch agency. This provision confirms the opinion of
the Government Accountability Office dated February 17, 2005
(B-304272).
Sec. 6077. The conference agreement includes a provision
amending the use of District of Columbia local funds, as
proposed by both the House and the Senate.
Sec 6078. The conference agreement includes a provision
proposed by the House (Sec. 5012) to amend section 114 of title
I of division I of Public Law 108-447 to restrict the use of
funds for medical preparedness centers by the Department of
Veterans Affairs. The Senate bill contained no similar
provision.
Sec. 6079. The conference agreement includes a provision
proposed by the House (Sec. 5013) to amend section 117 of title
I of division I of Public Law 108-447 to allow for the direct
deposit of funds into the two construction accounts of the
Department of Veterans Affairs. The Senate bill contained no
similar provision.
Sec. 6080. The conference agreement includes a modified
provision proposed by the House (Sec. 5014) to make certain
funds available without fiscal year limitation. The Senate bill
contained no similar provision.
Sec. 6081. The conference agreement includes a provision
proposed by the Senate (Sec. 1128) to amend Public Law 108-422,
adding to the definition in the law concerning ``medical
center.'' The House bill contained no similar provision. The
conferees are cognizant of the concerns of the Department of
Veterans Affairs. As such, the conferees direct the Department
to report to the Committees on Appropriations of the House and
Senate any significant cost and schedule implications at the
affected locations. If such implications are significant, the
Committees may address these issues in the fiscal year 2006
regular appropriations bill.
The conferees note that the Government Accountability
Office is required by statute to report to Congress on the
expenditures of independent counsels' offices every six months.
These reports are submitted to the House and Senate
Appropriations Committees, the House and Senate Judiciary
Committees and the House Government Reform Committee and the
Senate Homeland Security and Governmental Affairs Committee.
The conferees expect this reporting to continue for all ongoing
independent counsel activities.
The conference agreement does not include language
proposed as Senate Section 6047 expressing the Sense of the
Senate regarding timely enactment of appropriations for the
United States Armed Forces. The House did not include similar
language.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2005 recommended by the Committee of Conference,
comparisons to the 2005 budget estimates, and the House and
Senate bills for 2005 follow:
[In thousands of dollars]
Budget estimates of new (obligational) authority, fiscal
year 2005........................................... 82,042,628
House bill, fiscal year 2005............................ 81,366,878
Senate bill, fiscal year 2005........................... 81,219,945
Conference agreement, fiscal year 2005.................. 82,041,478
Conference agreement compared with:
Budget estimates of new (obligational) authority,
fiscal year 2005.................................. -1,150
House bill, fiscal year 2005........................ +674,600
Senate bill, fiscal year 2005....................... +821,533
DIVISION B--REAL ID ACT OF 2005
TITLE I--AMENDMENTS TO FEDERAL LAWS TO PROTECT AGAINST TERRORIST ENTRY
Section 101 of the conference agreement includes language
modified from language proposed in section 101 of division B of
the House bill. The Senate did not include similar language.
Asylum Reform: As the staff of the 9/11 Commission
determined, terrorist aliens have exploited our asylum laws to
enter and remain in the United States.
Aliens who pose a danger to the national security of the
United States have been barred from receiving asylum and
withholding of removal by regulation since 1990. In 1996,
Congress amended the Immigration and Nationality Act (INA) to
explicitly bar aliens who are inadmissible or deportable under
terrorism provisions from receiving asylum and withholding.
Despite these bars to dangerous aliens receiving asylum,
however, the 9/11 Terrorist Travel monograph notes that ``[a]
number of terrorists [have]
. . . abused the asylum system.'' Mono. at 106.
For example, Ramzi Yousef and Ahmad Ajaj, plotters of the
first World Trade Center bombing, ``concocted bogus political
asylum stories when they arrived'' to remain in the United
States in 1992. Id. at 50. Similarly, the Blind Sheikh, Sheikh
Abdul Rahman, ``avoided being removed from the United States by
filing an application for asylum and withholding of deportation
to Egypt in . . . 1992.'' Id. at 55.
In addition to these aliens whose asylum abuse was
specifically described in the Terrorist Travel Monograph, other
alien terrorists have abused our generous asylum laws. In
January 1993, 11 months after he applied for asylum, Mir Aimal
Kansi, also known as Mir Aimal Kasi, killed two CIA employees
in front of CIA headquarters in Langley, Virginia. Camarota,
Steven, ``The Open Door: How Militant Islamic Terrorists
Entered and Remained in the United States, 1993-2001,'' Center
for Immigration Studies, May 2002, at 7, www.cis.org/articles/
2002/Paper21/terrorism2.html>; see also Border Security and
Enforcement: The 9/11 Commission Staff Report on Training for
Border Inspectors, Document Integrity, and Defects in the U.S.
Visa Program Before the Subcommittee on Immigration, Border
Security and Citizenship and the Subcommittee on Terrorism,
Technology, and Homeland Security of the Senate Judiciary
Committee, 108th Cong., 1st Sess. (2005) (statement of Janice
Kephart). Kansi had been a visa overstay for almost a year
before filing that application. ``The Open Door'', at 7. Hesham
Hedayet killed two in a shooting spree at LAX on July 4, 2002.
Immigration and Naturalization Service's (INS's) Interactions
with Hesham Mohamed Ali Hedayet Before the Subcommittee on
Immigration, Border Security and Claims of the House Judiciary
Committee, 107th Cong., 2d Sess. at 7 (statement of William
Yates, Deputy Executive Associate Commissioner, INS) (2002). He
entered the United States in 1992, and extended his stay by
filing an asylum application one month before his stay ended.
Id. His application was administratively denied, but he
adjusted his status 17 months later after his wife won the visa
lottery. Id. at 7-8.
Nor did the reforms in the mid-1990s end such abuse. In
February 1997, for example, Gazi Ibrahim Abu Mezer was released
after entering the United States illegally and after stating
that he would be applying for asylum. Special Report of the
United States Department of Justice, Office of the Inspector
General, ``Bombs in Brooklyn: How the Two Illegal Aliens
Arrested for Plotting to Bomb the New York Subway Entered and
Remained in the United States'' (March 1998). In April 1997, he
filed an asylum application in which he claimed that ``the
Israeli government continuously persecuted him.'' Id. On July
31, 1997, Mezer was arrested in a Brooklyn apartment for
allegedly planning to bomb the New York City subway system. Id.
In January 1999, Somali national Nuradin Abdi was granted
asylum. Government's Motion to Detain Defendant and Memorandum
in Support at 4, United States v. Nuradin M. Abdi (S.D. Ohio
2004) (No. 2:04cr88). Abdi purportedly used that status to
apply for a travel document to facilitate an act of
international terrorism. See Indictment, United States v.
Nuradin M. Abdi (S.D. Ohio 2004) (No. 2:04cr88). After he
returned to the United States, he was charged with conspiring
to provide material support to al Qaeda, and the Justice
Department claims ``that Abdi, along with admitted al Qaeda
operative Iyman Ferris and other co-conspirators, initiated a
plot to blow up a Columbus [Ohio] area shopping mall.'' Press
Release of the United States Department of Justice, ``Ohio Man
Indicted for Providing Material Support to Al Qaeda, Falsely
Obtaining and Using Travel Documents (June 14, 2004), at 2. The
government has revoked his asylum because ``with the exception
of some minor biographical data, every aspect of [Abdi's]
asylum application . . . was false.'' Government's Motion to
Detain Defendant and Memorandum in Support at 4, United States
v. Nuradin M. Abdi (S.D. Ohio 2004) (No. 2:04cr88).
Section 101 of Division B responds to terrorist abuse of
our asylum laws by amending the INA to limit fraud.
As there are no explicit evidentiary standards for
granting asylum in the INA, standards for determining the
credibility of an asylum applicant and the necessity for
evidence corroborating an applicant's testimony have evolved
through the case law of the Board of Immigration Appeals (BIA)
and federal courts. Because these standards are not consistent
across federal appellate courts, different results have been
reached in similar cases, depending on the court that hears the
case.
With regard to sufficiency of the evidence, for example,
the BIA and the federal courts agree that credible testimony
alone may suffice to sustain the applicant's burden of proof in
some cases, but disagree on when credible testimony alone can
meet the burden and when corroboration is needed. The BIA has
held that: ``Because the burden of proof is on the alien, an
applicant should provide supporting evidence, both of general
country conditions and of the specific facts sought to be
relied on by the applicant, where such evidence is available.
If such evidence is unavailable, the applicant must explain its
unavailability, and the Immigration Judge must ensure that the
applicant's explanation is included in the record.'' Matter of
S-M-J-, 21 I&N Dec. 722 (BIA 1997).
Section 101 resolves conflicts between administrative and
judicial tribunals with respect to standards to be followed in
assessing asylum claims. In addition, it makes
similaramendments to the standards governing other forms of relief from
removal. Finally, this section corrects references within the asylum
provisions to reflect changes in the INA generally.
Authority: Subsection 101(a) of Division B would amend
paragraph 208(b)(1) of the INA to clarify that the Secretary of
Homeland Security and the Attorney General both have authority
to grant asylum. Because both the Secretary of Homeland
Security and the Attorney General may now exercise authority
over asylum depending on the context in which asylum issues
arise, paragraphs 101(a)(1) and (2) of Division B would
accordingly amend paragraph 208(b)(1) of the INA to insert
references to both the Attorney General and the Secretary of
Homeland Security.
Paragraph 101(g)(1) of Division B would provide that the
references to the authority of the Secretary of Homeland
Security would take effect as if enacted on March 1, 2003,
which was the official date of transfer of immigration
enforcement functions from the INS to the Department of
Homeland Security under the Reorganization Plan.
Burden of Proof and Central Reason: Paragraph 101(a)(3)
codifies case law standards for granting asylum, both to
resolve conflicts between fora and to codify precedential
rules.
First, that paragraph would create a new clause
208(b)(1)(B)(i) in the INA. This clause codifies existing
regulations and case law standards stating that the burden of
proof is on the asylum applicant to establish eligibility as a
refugee. This clause also will clarify the standard that an
asylum applicant must meet to establish the motivation for
persecution claimed.
The INA requires all aliens seeking asylum to establish
that they suffered or fear persecution ``on account of'' one of
five factors: race, religion, nationality, membership in a
particular social group, or political opinion. As the Supreme
Court has held: ``since the statute makes motive critical, [an
asylum applicant] must provide some evidence of it, direct or
circumstantial.'' INS v. Elias-Zacarias, 502 U.S. 478, 483
(1992).
In explaining the Supreme Court's decision, the Ninth
Circuit stated: ``[I]n those cases in which a persecuted
activity could stem from many causes, some protected by the
statute and others unprotected, the victim must tie the
persecution to a protected cause. To do this, the victim needs
to show the persecutor had a protected basis (such as the
victim's political opinion) in mind in undertaking the
persecution.'' Canas-Segovia v. INS, 970 F.2d 599, 601 (9th
Cir. 1992). The BIA has explained the alien's burden as
follows: an asylum applicant ``bear[s] the burden of
establishing facts on which a reasonable person would fear that
the danger arises on account of'' one of the five protected
factors. Matter of Fuentes, 19 I & N Dec. 658, 662 (BIA 1988).
The main issue in assessing motivation in an asylum
context occurs in so-called ``mixed motive'' cases, where there
is more than one possible motive for harm, one protected,
others not. In requiring an asylum applicant to establish that
at least one central reason for persecution was or will be one
of the five factors for asylum relief, this subsection calls
for an evaluation of whether the protected characteristic is
central to the persecutor's motivation to act.
Similar language has been advanced as a uniform standard
for assessing motivation previously. In the proposed rule
dealing with Asylum and Withholding Definitions (the so-called
``R-A-'' rule dealing with domestic violence cases), former
Attorney General Janet Reno proposed to amend the asylum
regulations to implement an almost identical proposal,
explained as follows:
This rule proposes new language . . . that would
require an applicant to show that the protected
characteristic is central to the persecutor's
motivation to act. Consistent with current law, this
language allows for the possibility that a persecutor
may have mixed motives. It does not require that the
persecutor be motivated solely by the victim's
possession of a protected characteristic. It does,
however, require that the victim's protected
characteristic be central to the persecutor's decision
to act against the victim. For example, under this
definition it clearly would not be sufficient if the
protected characteristic was incidental or tangential
to the persecutor's motivation.
65 Fed. Reg. 76588, 76592 (Dec. 7, 2000).
Because this standard has not yet been adopted, there is
currently no uniform standard for assessing motivation. This
statutory standard is, however, in keeping with decisions of
reviewing courts. See Girma v. INS, 283 F.3d 664, 668 (5th Cir.
2002) (affirming BIA's finding of no persecution on account of
qualifying ground, because in mixed motive case ``applicant . .
. must present evidence sufficient for one to reasonably
believe that the harm suffered was motivated in meaningful part
by a protected ground''); Ambartsoumian v. Ashcroft, 388 F.3d
95, 91 (3d Cir. 2004) (applicant failed to show persecution on
account of ethnicity, where police harassment was ``mainly
because he had failed to obtain proper legal documents and
permission, and not because of his ethnicity''); Useinovic v.
INS, 313 F.3d 1025, 1033 (7th Cir. 2002) (applicant failed to
show persecution on account of political opinion based on
robbery, where no showing that robbery ``was primarily aimed at
him personally and not at [stealing] valuables.''). Ninth
Circuit decisions in Borja v. INS, 175 F.3d 732 (9th Cir. 1999)
and Briones v. INS, 175 F.3d 727 (9th Cir. 1999) and other
cases have substantially undermined a proper analysis of mixed
motive cases, however.
Adopting this standard will address another anomaly in
the law that has been created by the Ninth Circuit, one that
improperly favors asylum applicants who claim that they have
been accused of engaging in terrorist, militant, or guerrilla
activity. In Singh v. Ilchert, 63 F.3d 1501, 1509 (9th Cir.
1995), the Ninth Circuit equated the ``investigation of and
reaction against those thought, rightly or wrongly, to be
militants seeking the violent overthrow of the government''
with ``a classic example of imputed political opinion,''
rendering the applicant eligible for asylum. The court there
also recognized a presumption of persecution on account of
political opinion in the absence of evidence of what it termed
a ``legitimate government prosecution'' of a suspected
militant. See id. at 1509 (``In this case, Singh was not the
target of any legitimate government prosecution. As in Blanco-
Lopez, `[w]e find no evidence in the record . . . that an
actual, legitimate, criminal prosecution was initiated against
[the applicant.] Blanco-Lopez [v. INS], 858 F.2d [531], 534
[(9th Cir. 1988)]. If `there is no evidence of a legitimate
prosecutorial purpose for a government's harassment of a person
. . . there arises a presumption that the motive for harassment
is political.' Hernandez-Ortiz v. INS, 777 F.2d 509, 516 (9th
Cir. 1985) (`When a government exerts its military strength
against an individual or a group within its population and
there is no reason to believe that the individual or group has
engaged in any criminal activity or other conduct that would
provide a legitimate basis for governmental action, the most
reasonable presumption is that the government's actions are
politically motivated.' '')).
This presumption violates the Supreme Court precedent
Elias-Zacarias, which requires asylum applicants to provide
evidence of motivation. Further, this presumption effectively,
but improperly, shifts the burden to the government to prove
either a ``legitimate purpose'' for the foreign government's
interest in the alien, or that the alien's claim is not
credible, or that the alien is barred from asylum relief
because, for example, that alien actually is a terrorist or a
persecutor.
Plainly, an alien who is a terrorist could more easily
fabricate a claim that his home government believes erroneously
that he is a terrorist. This is suggested by the case of Gazi
Ibrahim Abu Mezer, who was sentenced to life imprisonment for
planning to bomb the New York subway system in 1997. See United
States v. Khalil, 214 F.3d 111, 115 (2d Cir. 2000), cert.
denied, 531 U.S. 937 (2000). Mezer was free in the United
States after he was arrested in Washington State by the Border
Patrol, which initiated formal deportation proceedings against
him. Special Report of the United States Department of Justice,
Office of the Inspector General, ``Bombs in Brooklyn: How the
Two Illegal Aliens Arrested for Plotting to Bomb the New York
Subway Entered and Remained in the United States'' (March
1998). While in proceedings, Mezer was released on a $5,000
bond and filed an application for political asylum in the
United States. Id. In his asylum application, Mezer claimed
that Israeli authorities had persecuted him because they
wrongly believed he was a member of Hamas. Id. In support of
his claim that Israel authorities had detained him twice
without cause, Mezer attached two documents from the
International Committee of the Red Cross. Id. One document
reflected that Mezer was arrested on July 31, 1990, and held
for 42 days for a ``security'' violation. Id. The second
document indicated that Mezer was arrested on November 25,
1990, and held for approximately 90 days for ``administrative''
reasons. Id.
According to the investigation of the case by the Justice
Department's Inspector General, the judge who received that
application ``did not notice that Mezer had said he was
suspected of being a terrorist in Israel. She added that the
assertion about Hamas, in itself, was not persuasive evidence
that Mezer was a terrorist or that he should be detained,
particularly because Mezer denied the assertion and also
because he returned for this hearing after he had posted
bond.'' Id. (emphasis added). The Inspector General continued:
INS trial attorneys whom we interviewed discussed some of
the reasons that immigration judges do not normally detain
aliens based only on their statements that they had been
falsely accused of membership in a terrorist organization.
First, they said that it was common for aliens to make such
claims in support of asylum applications. INS Trial attorney
Tammy Fitting estimated that on average, she saw one such claim
each day during her work as a trial attorney.
Id. The burden that the government must bear in
responding to such claims is compounded by two other issues.
First, a regulation that bars the disclosure of information
contained in an asylum application, or even the fact that an
alien has applied for asylum, hinders the government's ability
to confirm the veracity of asylum claims, or to obtain evidence
that contradicts an alien's asylum claims. See 8 CFR
Sec. 208.6. Second, information that ties a specific alien to
terrorism is likely to be classified. The use of classified
information in section 240 removal proceedings is disfavored,
however. See e.g., Haddam v. INS, 54 F. Supp. 2d 588, 598
(E.D.Va. 1999) (``The use of secret evidence against a party,
evidence that is given to, and relied on, by the IJ and BIA but
kept entirely concealed from the party and the party's counsel,
is an obnoxious practice, so unfair that in any ordinary
litigation context, its unconstitutionality is manifest.'').
The ``central reason'' standard will eliminate this
presumption, and require aliens who allege persecution because
they have been erroneously identified as terrorists to bear the
same burden as all other asylum applicants, that is, they will
have to offer direct or circumstantial evidence of motive, in
accordance with Supreme Court precedent.
Finally, with respect to so-called ``mixed-motive''
claims, under this amendment, asylum may be granted where there
is more than one motive for mistreatment, as long as at least
one central reason for the mistreatment is on account of race,
religion, nationality, membership in a particular social group,
or political opinion.
Corroboration and Credibility. Clauses 208(b)(1)(B)(ii)
and (iii), added by paragraph 101(a)(3) of Division B, will
bring clarity and consistency to evidentiary determinations by
codifying standards for determining the credibility of
applicant testimony, and determining when corroborating
evidence may be required.
Corroboration: As a preliminary matter, new clause
208(b)(1)(B)(ii) of the INA codifies the BIA case law standard
that the testimony of an asylum applicant can be sufficient to
sustain the asylum applicant's burden of proof without
corroboration, where the adjudicator determines that such
testimony is credible, persuasive, and refers to specific facts
demonstrating refugee status. Many aliens validly seeking
asylum arrive in the United States with little or no evidence
to corroborate their claims. This clause recognizes that a lack
of extrinsic or corroborating evidence will not necessarily
defeat an asylum claim where such evidence is not reasonably
available to the applicant.
Codifying the BIA's corroboration standards, new clause
208(b)(1)(B)(ii) in the INA states that if an adjudicator
determines that an asylum applicant should provide
corroborating evidence for otherwise credible testimony, such
corroborating evidence must be provided unless the applicant
does not have it and cannot reasonably obtain it. Although this
provision makes it possible for an alien to prove eligibility
for asylum without corroborating evidence, the inability to
obtain corroborating evidence does not relieve the applicant
from sustaining the burden of proof, that is, the alien must
satisfy his burden through other evidence.
This provision is based upon the standard set forth in
the BIA's decision in Matter of S-M-J-, 21 I&N Dec. 722. The
BIA held there:
Because the burden of proof is on the alien, an
applicant should provide supporting evidence, both of
general country conditions and of the specific facts
sought to be relied on by the applicant, where such
evidence is available. If such evidence is unavailable,
the applicant must explain its unavailability, and the
Immigration Judge must ensure that the applicant's
explanation is included in the record. Moreover,
general country condition information may be necessary
to support an applicant's testimony where the alien's
claim is based on allegations which may be
independently verified. ``(W)hen the basis of an asylum
claim becomes less focused on specific events involving
the respondent personally and instead is more directed
to broad allegations regarding general conditions in
the respondent's country of origin, corroborative
background evidence that establishes a plausible
context for the persecution claim (or an explanation
for the absence of such evidence) may well be
essential.''
Id. at 724 (internal citations omitted). With respect to
evidence to support the applicant's specific claim, the BIA
explained:
Unreasonable demands are not placed on an asylum
applicant to present evidence to corroborate particular
experiences (e.g., corroboration from the persecutor).
However, where it is reasonable to expect corroborating
evidence for certain alleged facts pertaining to the
specifics of an applicant's claim, such evidence should
be provided. That is, an asylum applicant should
provide documentary support for material facts which
are central to his or her claim and easily subject to
verification, such as evidence of his or her place of
birth, media accounts of large demonstrations, evidence
of a publicly held office, or documentation of medical
treatment. If the applicant does not provide such
information, an explanation should be given as to why
such information was not presented. . . . The absence
of such corroborating evidence can lead to a finding
that the applicant has failed to meet her burden of
proof.
Id. at 725-26. Congress anticipates that the standards in
Matter of S-M-J-, including the BIA's conclusions on situations
where corroborating evidence is or is not required, will guide
the BIA and the courts in interpreting this clause.
Credibility: Proposed new clause 208(b)(1)(B)(iii) of the
INA codifies factors identified in case law on which an
adjudicator may make a credibility determination, including
demeanor, candor, responsiveness, inherent plausibility of the
account, consistency between the written and oral statements
(regardless of when it was made and whether it was under oath,
and considering the circumstances under which the statements
were made), internal consistency of a statement, consistency of
statements with the country conditions in the country from
which the applicant claims asylum, and any inaccuracies or
falsehoods in such statements. This section reiterates the rule
that an asylum adjudicator is entitled to consider credible
testimony along with other evidence.
Again, the creation of a uniform standard for credibility
is needed to address a conflict on this issue between the Ninth
Circuit on one hand and other circuits and the BIA. In Elias-
Zacarias, 502 U.S. 478, the Supreme Court rejected the notion
that a reviewing court may overturn a determination of the BIA
in an asylum case whenever the court believes that the evidence
supports a conclusion different from that of the BIA. It
explained that ``[t]o reverse the BIA finding we must find that
the evidence not only supports that conclusion, but compels
it.'' Id. at 481 n.1. Thus, an asylum applicant who ``seeks to
obtain judicial reversal of the BIA's determination . . . must
show that the evidence he presented was so compelling that no
reasonable factfinder could fail to find the requisite fear of
persecution.'' Id. at 483-484.
In 1996, as part of IIRIRA, Congress codified the
principles that the Court articulated in Elias-Zacarias.
Congress directed that a court of appeals reviewing an order of
removal mustconfine its review to the administrative record
before the agency and must accept the BIA's findings of fact as
``conclusive unless any reasonable adjudicator would be compelled to
conclude to the contrary.'' Sections 242(b)(4)(A) and (B) of the INA.
This clause will allow Immigration Judges and the BIA to
follow commonsense standards in assessing the credibility of
asylum applicants better allowing them to identify and reject
fraudulent claims. It should be noted, however, that although
clause 208(b)(1)(B)(iii) would allow an adjudicator to base an
adverse credibility determination on any of the factors set
forth therein, such a determination must be reasonable and take
into consideration the individual circumstances of the specific
witness and/or applicant.
While the trier of fact is not required to state
expressly that the trier has considered each factor in
assessing credibility, Congress expects that the trier of fact
will describe those factors that form the basis of the trier's
opinion. This is true even where the trier of fact bases a
credibility determination in part or in whole on the demeanor
of the applicant.
Courts have recognized the expertise that Immigration
Judges bring to this task. As the Ninth Circuit has held, for
example: ``An immigration judge alone is in a position to
observe an alien's tone and demeanor, to explore
inconsistencies in testimony, and to apply workable and
consistent standards in the evaluation of testimonial evidence.
He is, by virtue of his acquired skill, uniquely qualified to
decide whether an alien's testimony has about it the ring of
truth.'' Sarvia-Quintanilla v. INS, 767 F.2d 1387, 1395 (9th
Cir. 1985).
In assessing an applicant's demeanor for purposes of
making a credibility assessment, Congress anticipates that
triers of fact will rely on those aspects of demeanor that are
indicative of truthfulness or deception. For example, in
explaining why it ``granted special deference to the IJ's
eyewitness observations regarding demeanor evidence,'' the
Ninth Circuit cited to an explanation that it had given ``in
the context of a similarly-situated administrative law judge,''
holding: ``Weight is given to the administrative law judge's
determinations of credibility for the obvious reason that he or
she `sees the witnesses and hears them testify, while the Board
and the reviewing court look only at cold records.' All aspects
of the witness's demeanor--including the expression of his
countenance, how he sits or stands, whether he is inordinately
nervous, his coloration during critical examination, the
modulation or pace of his speech and other non-verbal
communication--may convince the observing trial judge that the
witness is testifying truthfully or falsely.'' Mendoza Manimbao
v. Ashcroft, 329 F.3d 655, 662 (9th Cir. 2003). As noted, a
credibility determination should follow an examination of all
relevant circumstances, including the circumstances of the
individual applicant.
Finally, this provision makes it clear that there is no
presumption of credibility, but if no adverse credibility
determination is explicitly made, the applicant or witness has
a rebuttable presumption of credibility on appeal.
Effective Dates. Paragraph 101(g)(2) would provide that
the asylum standards established in paragraph 101(a)(3) of
Division B shall take effect on the date of enactment and apply
to asylum applications made on or after such date, therefore,
the standards would not apply by statute to asylum applications
filed before the date of enactment, although such standards in
existing case law would apply.
Standards for Granting Withholding of Removal. Paragraph
241(b)(3) of the INA places restrictions on removal to a
country where an alien's life or freedom would be threatened.
Withholding is a form of protection similar to asylum, with
some critical differences. Asylum is a discretionary form of
relief, for which the standard is a ``well-founded fear of
persecution.'' Withholding of removal, on the other hand, is
mandatory protection from removal for those who can satisfy the
higher standard of a ``clear probability of persecution,'' also
expressed as ``more likely than not'' that an alien would be
persecuted. There are other key differences between the two
forms of relief. A person who has been granted asylum has been
admitted into the United States, although the status is not a
right to reside permanently in the United States. An alien who
is granted withholding has not been granted legal entry into
the United States and may be removed to his country when there
is no longer any threat to his life or freedom. Withholding of
removal is only specific to a particular country and therefore
does not preclude removal to another country. An alien granted
withholding of removal may not adjust to the status of a lawful
permanent resident and the alien's family members are not
eligible to come to the United States via the alien's status in
the United States.
In contrast, an alien granted asylum may adjust status
under subsection 209(b) of the INA after being present in the
United States for one year after the grant of asylum if the
alien still meets the definition of refugee, is not firmly
resettled in any other country and is otherwise admissible as
an immigrant (with exemptions from certain grounds of
inadmissibility). Additionally, under paragraph 208(b)(3) of
the INA, the spouse and children of an alien granted asylum, if
not otherwise eligible for asylum, may be granted asylum
themselves if accompanying or following to join the alien.
Aside from the higher standard for burden of proof, withholding
of removal involves similar consideration of credibility and
corroboration factors and some of the same issues regarding
Ninth Circuit jurisprudence.
Subsection 101(c) of Division B would amend paragraph
241(b)(3) of the INA by applying to and codifying for
withholding of removal applications the same standards for
sustaining the applicable burden of proof and for assessing
credibility that would be used for asylum adjudications under
clauses 208(b)(1)(B)(ii) and (iii) of the INA, as added by
paragraph 101(a)(3) of Division B.
Subsection 101(h)(2) of Division B would provide that the
withholding of removal standards established in subsection
101(c) take effect on the date of enactment and apply to
withholding applications made on or after such date.
Accordingly, those standards would not apply by statute to
applications filed before the date of enactment, although such
standards in existing case law would apply.
Other Applications for Relief. Subsection 101(d) of
Division B would add a new paragraph 240(c)(4) to the INA. This
paragraph would apply the credibility and corroboration
standards in section 101(a)(3) of Division B to other
applications for relief and protection from removal. The new
paragraph also codifies the current requirement that an alien
applying for relief or protection from removal bears the burden
of satisfying the eligibility requirements for that relief
orprotection, and also that he or she merits that relief as a matter of
discretion, if the relief is discretionary.
Subsection 101(h)(2) of Division B would provide that the
standards established in subsection 101(d) shall take effect on
the date of enactment and apply to withholding applications
made on or after such date. Accordingly, those standards would
not apply by statute to applications filed before the date of
enactment, although such standards in existing case law would
apply.
Judicial Review of Corroboration Determinations:
Subsection 101(e) of Division B would amend paragraph 242(b)(4)
of the INA by establishing a specific standard of review for
reversal of determinations concerning the availability of
corroborating evidence by an adjudicator considering an
application for asylum, withholding of removal, or other
applications for relief or protection. This subsection would
apply the prevailing standard of review for factual
determinations in subparagraph 242(b)(4)(B) of the INA to
determinations about the availability of corroborating
evidence, itself a factual determination. This provision
underscores that the appropriate standard of review for such
determinations is the deferential factual review standard.
Subsection 101(g)(3) of Division B would provide that the
standards established in subsection 101(e) shall take effect on
the date of enactment and apply to all cases in which the final
removal order was issued before, on, or after such date.
Clarification of Discretionary Relief Provision:
Subsection 101(f) would amend subparagraph 242(a)(2)(B) of the
INA by clarifying that the provision barring judicial review of
denials of discretionary relief applies regardless of whether
the discretionary judgment, decision, or action is made in
removal proceedings. It also amends subparagraph 242(a)(2)(B)
of the INA by adding reference to the Secretary of Homeland
Security, to clarify the text and make it consistent with the
aims of the Reorganization Plan for the Department of Homeland
Security.
Subsection 101(g)(4) of Division B would provide that the
amendments in subsection 101(f) shall take effect on the date
of enactment and apply to all cases pending before, on, or
after such date.
Removal of Caps. Section 209 of the INA currently
provides that the Attorney General may adjust the status of
aliens granted asylum to lawful permanent residence if they
satisfy certain conditions, subject to a cap of 10,000 persons
per fiscal year (aside from certain groups of asylees who are
or have been exempt from the cap or subject to limits set in
other legislation). Paragraph 101(g)(1) of Division B would
eliminate the cap for adjustment of status for asylees. It
would also replace references to the ``Immigration and
Naturalization Service'' with references to the ``Department of
Homeland Security'' and replace references to the ``Attorney
General'' with references to the ``Secretary of Homeland
Security or the Attorney General.''
Similarly, under section 207(a)(5) of the INA, not more
than 1,000 aliens may be admitted as refugees or granted asylum
under the provision of section 101(a)(42) therein relating to
persecution for resistance to coercive population control
methods. Paragraph 101(g)(2) would strike the limitation on
grants under this provision.
Subsection 101(f), lifting these caps, shall take effect
on the date of enactment of Division B, pursuant to paragraph
101(g)(5).
Repeal of the Study and Report on Terrorists and Asylum.
Section 5403 of the Intelligence Reform and Terrorism
Prevention Act of 2004 provides that ``the Comptroller General
of the United States shall conduct a study to evaluate the
extent to which weaknesses in the United States asylum system
and withholding of removal system have been or could be
exploited by aliens connected to, charged in connection with,
or tied to terrorist activity,'' including the extent to which
precedential court decisions may have affected the ability of
the Federal Government to prove that an alien is a terrorist
who should be denied asylum and/or removed.
Subsection 101(h) of Division B would repeal the
requirement for the study and report, because the other
provisions in section 101 of Division B would resolve the
vulnerability of the asylum and withholding of removal systems
to terrorist exploitation.
Section 102 of the conference agreement includes language
modified from language proposed in section 102 of division B of
the House bill. The Senate did not include similar language.
Section 102 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 provides for construction
and strengthening of barriers along U.S. land borders and
specifically provides for 14 miles of barriers and roads along
the border near San Diego, beginning at the Pacific Ocean and
extending eastward. It provides for a waiver of the Endangered
Species Act of 1973 (ESA) and the National Environmental Policy
Act of 1969 (NEPA) to the extent the Attorney General
determines is necessary to ensure expeditious construction of
barriers and roads. Despite the existing waiver provision,
construction of the San Diego area barriers has been delayed
due to a dispute involving other laws. The California Coastal
Commission has prevented completion of the San Diego border
security infrastructure because it alleges that plans to
complete it are inconsistent with the California Coastal
Management Program, a state program approved pursuant to the
federal Coastal Zone Management Act (CZMA)--notwithstanding the
fact that the San Diego border security infrastructure was
designed to avoid and/or minimize adverse environmental
impacts, and the Bureau of Customs and Border Protection (CBP)
of the Department of Homeland Security testified before the
California Coastal Commission that the plans for completion
were consistent with the Coastal Management Program to the
maximum extent practicable without sacrificing the
effectiveness of the border security infrastructure. Continued
delays caused by litigation have demonstrated the need for
additional waiver authority with respect to other laws that
might impede the expeditious construction of security
infrastructure along the border, such as the Coastal Zone
Management Act.
Current Law. Section 102(c) of IIRIRA provided for a
waiver of the ESA and NEPA to the extent the Attorney General
determines is necessary to ensure expeditious construction of
barriers and roads.
Section 102 of the conference report would amend the
current provision to require the Secretary of Homeland Security
to waive all laws that he or she determines, in his or her sole
discretion, are necessary to ensure the expeditious
construction of the border barriers.
Additionally, it would prohibit judicial review of a
waiver decision or action by the Secretary and bar judicially
ordered compensatory, declaratory, or injunctive, equitable, or
any other relief or other remedy for damage alleged to result
from any such decision or action. As discussed above, current
statutes and the Reorganization Plan for the Department of
Homeland Security have not amended and clarified references to
executive authority throughout the INA. Accordingly, the
provision would have replaced the reference in current law to
the Attorney General by a reference to the Secretary of
Homeland Security.
The Conferees have revised the House provision in the
following respects. First, the revised provision authorizes but
does not require the Secretary of DHS to waive any legal
requirements that he or she, in his or her sole discretion,
determines are necessary to ensure expeditious construction of
border security infrastructure. Second, the provision clarifies
the intent of the conference report by substituting a reference
to waiver of ``all legal requirements'' for the prior reference
to waiver of ``all laws'', clarifying Congress' intent that the
Secretary's discretionary waiver authority extends to any
local, state or federal statute, regulation, or administrative
order that could impede expeditious construction of border
security infrastructure. Third, the conferees provided that any
such waiver would become effective upon publication in the
Federal Register, thereby ensuring appropriate public notice of
such determinations. Finally, the Conferees have provided
federal judicial review for claims alleging that the actions or
decisions of the Secretary violate the United States
Constitution. The Conferees have further provided that such
claims must be filed within sixty days of the Secretary's
action or decision, and that interlocutory or final judgments,
decrees, or orders of federal district courts on such claims
may be reviewed only upon petition for a writ of certiorari to
the Supreme Court of the United States. The Conferees' intent
is to ensure that judicial review of actions or decisions of
the Secretary not delay the expeditious construction of border
security infrastructure, thereby defeating the purpose of the
Secretary's waiver.
Section 106 of the conference agreement includes language
modified from language proposed in section 105 of division B of
the House bill. The Senate did not include similar language.
Section 106 of Division B addresses a number of judicial
review anomalies improperly favoring criminal aliens that were
created by court decisions interpreting changes to the INA in
1996. Since 1961, Congress has consistently provided that only
the courts of appeals may review removal orders. From 1961
through 1996, the INA provided that review in the courts of
appeals ``shall be the sole and exclusive procedure'' for
judicial review of deportation orders. See INA subsection
106(a) (1995) (entitled ``Exclusiveness of procedure''). As the
legislative history behind this provision reveals, Congress
aimed to ``create a single, separate, statutory form of
judicial review of administrative orders for the deportation
and exclusion of aliens from the United States.'' H.R. Rep. No.
1086, 87th Cong., 1st Sess., reprinted in 1961 U.S.C.C.A.N.
2950, 2966 (1961). Congress's ``fundamental purpose'' was ``to
abbreviate the process of judicial review of deportation
orders'' and to ``eliminat[e] the previous initial step in
obtaining judicial review--a suit in a District Court.'' Foti
v. INS, 375 U.S. 217, 224 (1963); accord Agosto v. INS, 436
U.S. 748, 752-53 (1978); Giova v. Rosenberg, 379 U.S. 18 (1964)
(per curiam). Thus, a final order of deportation could be
challenged only in the appropriate court of appeals upon a
timely filed petition for review.
Such order could not have been challenged in district
court by way of habeas corpus. Although the INA contained
another provision permitting habeas review, see INA
Sec. 106(a)(10) (1995), several circuits interpreted that
provision as not providing habeas review over deportation
orders, but only review over collateral issues, such as whether
the alien should be released from custody or granted a stay of
deportation pending a petition for review.
Moreover, to the extent that habeas review of deportation
orders had been available before 1996, Congress attempted to
eliminate it in enacting the Antiterrorism and Effective Death
Penalty Act of 1996 (AEDPA), Pub. L. 104-132, 110 Stat. 1214
(April 24, 1996). One of the statute's provisions, entitled
``Elimination of Custody Review by Habeas Corpus,'' expressly
repealed the former habeas provision. See subsection 401(e),
110 Stat. 1268, repealing INA paragraph 106(a)(10) (1995). This
was part of Congress's broad efforts to streamline immigration
proceedings. Indeed, to expedite removal, section 440(a) of
AEDPA precluded all judicial review of deportation orders for
certain classes of criminal aliens. 110 Stat. 1276-77
(providing that such orders ``shall not be subject to review by
any court'').
Congress continued these streamlining reforms when it
enacted the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat.
3546 (Sept. 30, 1996). In IIRIRA, Congress reestablished that
only courts of appeals--and not district courts--could review a
final removal order (or, to use the pre-1996 nomenclature,
deportation order or exclusion order). See section 242(a)(1) of
the INA (incorporating the Hobbs Act, 28 U.S.C. Sec. 2347). In
addition, Congress made clear that review of a final removal
order is the only mechanism for reviewing any issue raised in a
removal proceeding. Section 242(b)(9) of the INA (2000); see
also IIRIRA Sec. 309(c)(4)(A) (transition rules). Together,
these provisions were intended to preclude all district court
review of any issue raised in a removal proceeding. Finally, as
it did in AEDPA, Congress confirmed that criminal aliens could
not obtain any judicial review. IIRIRA expressly provided that,
``[n]otwithstanding any other provision of law, no court shall
have jurisdiction to review any final order of removal against
an alien who is removable by reason of having committed'' one
of various criminal offenses, including aggravated felonies.
See section 242(a)(2)(C) (2000) (emphasis added); see also S.
Rep. No. 104-249, 104th Cong, 2d Sess. at 7 (``Aliens who
violate U.S. immigration law should be removed from this
country as soon as possible.'').
Despite Congress's efforts to limit judicial review in
1996, the Supreme Court expanded it just five years later. In
INS v. St. Cyr, the Supreme Court held that criminal aliens are
actually entitled to more review than they had before the 1996
amendments, and more review than non-criminal aliens. INS v.
St. Cyr, 533 U.S. 289 (2001). Specifically, the Court held that
criminal aliens could seek habeas review of their removal
orders under 28 U.S.C. Sec. 2241. With habeas review, the
criminal alien would get review in district court and, on
appeal, in the court of appeals.
The basis for the Court's decision was that Congress
never ``explicitly mention[ed]'' section 2241 or habeas when it
eliminated all judicial review over criminal aliens' removal
orders. Id. at 312-13. According to the Court, an explicit
reference to section 2241 or habeas was necessary because
Congress did not provide for ``another judicial forum'' for
criminal aliens to raise pure questions of law because, as
noted, whereas non-criminal aliens could challengetheir removal
orders in the courts of appeals, under AEDPA and IIRIRA, criminal
aliens could not. Id. at 298-300, 312-14; see also id. at 312 n.36
(``Congress'' failure to refer specifically to Sec. 2241 is
particularly significant.''). Thus, as a matter of statutory
interpretation, the Court held that criminal aliens could bring habeas
actions under section 2241.
The Court recognized that, as a result of its decision,
criminal aliens would be able to seek review in district court
and, on appeal, in the courts of appeals, whereas non-criminal
aliens could obtain review only in the courts of appeals. It
noted that Congress could fix this anomaly, however. As the
Court stated, ``Congress could without raising any
constitutional questions, provide an adequate substitute [to
section 2241] through the courts of appeals.'' Id. at 314.
n.38.
Among the many problems caused by St. Cyr, the most
significant is that this decision allows criminal aliens to
delay their expulsion from the United States for years.
Furthermore, because of St. Cyr, aliens who have
committed serious crimes in the United States are generally
able to obtain more judicial review than non-criminal aliens.
As the dissent in St. Cyr pointed out, allowing criminal aliens
to obtain habeas review of their immigration orders in the
district court ``brings forth a version of the statute that
affords criminal aliens more opportunities for delay-inducing
judicial review than are afforded to non-criminal aliens, or
even than were afforded to criminal aliens prior to the
legislation concededly designed to expedite their removal.''
533 U.S. at 327 (Scalia, J. dissenting). This is because, under
St. Cyr, criminal aliens are able to begin the judicial review
process in the district court, and then appeal to the circuit
court of appeals. Criminal aliens thus can obtain review in two
judicial forums, whereas non-criminal aliens may generally seek
review only in the courts of appeals. Not only is this result
unfair and illogical, but it also wastes scarce judicial and
executive resources.
Finally, the result in St. Cyr has created confusion in
the federal courts as to what immigration issues can be
reviewed, and which courts can review them. The decision in St.
Cyr itself held that district courts, and not the courts of
appeals, have habeas corpus review authority over statutory
claims involving discretionary immigration relief. See also
Calcano-Martinez v. INS, 533 U.S. 348, 351-52 (2001). On the
other hand, after St. Cyr, every circuit court has held that
courts of appeals retain jurisdiction to review limited
threshold ``jurisdiction to determine jurisdiction'' questions
raised by criminal aliens in petitions for review. Therefore,
following St. Cyr, some issues are still reviewable in the
circuit courts while others are reviewable only in the district
courts, resulting in bifurcated and inefficient review.
Additionally, the circuits have split on the question of which
court may entertain constitutional challenges to criminal
aliens' removal orders (a question left open in St. Cyr). All
of this has resulted in piecemeal review, uncertainty, lack of
uniformity, and a waste of resources both for the judicial
branch and Government lawyers--the very opposite of what
Congress tried to accomplish in 1996.
Section 106 of Division B would address the anomalies
created by St. Cyr and its progeny by restoring uniformity and
order to the law. First, under this section, criminal aliens
will have fewer opportunities to delay their removal, because
they will not be able to obtain district court review in
addition to circuit court review, and will not be able to
ignore the thirty-day time limit on seeking review. Second,
criminal aliens will not receive more judicial review than non-
criminals. Under the amendments in section 106, all aliens will
get review in the same forum--the courts of appeals. Third, by
channeling review to the courts of appeals, section 106 will
eliminate the problems of bifurcated and piecemeal litigation.
Thus, the overall effect of the proposed reforms is to give
every alien a fair opportunity to obtain judicial review while
restoring order and common sense to the judicial review
process.
Significantly, this section does not eliminate judicial
review, but simply restores such review to its former settled
forum prior to 1996. Under section 106, all aliens who are
ordered removed by an immigration judge will be able to appeal
to the BIA and then raise constitutional and legal challenges
in the courts of appeals. No alien, not even criminal aliens,
will be deprived of judicial review of such claims. Unlike
AEDPA and IIRIRA, which attempted to eliminate judicial review
of criminal aliens' removal orders, section 106 would give
every alien one day in the court of appeals, satisfying
constitutional concerns. The Supreme Court has held that in
supplanting the writ of habeas corpus with an alternative
scheme, Congress need only provide a scheme which is an
``adequate and effective'' substitute for habeas corpus. See
Swain v. Pressley, 430 U.S. 372, 381 (1977). Indeed, in St. Cyr
itself, the Supreme Court recognized that ``Congress could,
without raising any constitutional questions, provide an
adequate substitute through the courts of appeals.'' St. Cyr,
533 U.S. at 314 n.38 (emphasis added). By placing all review in
the courts of appeals, Division B would provide an ``adequate
and effective'' alternative to habeas corpus. Id.
Further, while the reforms in section 106 would preclude
criminals from obtaining review over non-constitutional, non-
legal claims, it would not change the scope of review that
criminal aliens currently receive, because habeas review does
not cover discretionary determinations or factual issues that
do not implicate constitutional due process. See, e.g., St.
Cyr, 533 U.S. at 306-07 & n.27 (recognizing that habeas courts
do not review ``exercise[s] of discretion'' or ``factual
determinations'' that do not implicate due process); Fong Yue
Ting v. INS, 149 U.S. 698, 713-14 (1893) (``Congress might
intrust the final determination of . . . facts to an executive
officer''); Heikkila v. Barber, 345 U.S. 229, 236 (1953) (``the
function of the courts has always been limited to the
enforcement of due process requirements''); Ter Yang v. INS,
109 F.3d 1185, 1195 (7th Cir. 1997) (``the Supreme Court long
ago made it clear that this writ does not offer what our
petitioners desire: review of discretionary decisions by the
political branches of government''); see also Sol v. INS, 274
F.3d 648, 651 (2d Cir. 2001) (habeas jurisdiction under
Sec. 2241 does not extend to factual or discretionary
determinations).
Moreover, section 106 would not preclude habeas review
over challenges to detention that are independent of challenges
to removal orders. Instead, the bill would eliminate habeas
review only over challenges to removal orders.
Review in the Courts of Appeals. Subparagraph
106(a)(1)(A) of Division B would replace habeas corpus review
of specified removal orders with review of constitutional
claims and questions of law before the courts of appeal.
It should be noted that the word ``pure,'' in the phrase
``pure question of law,'' which had appeared in prior versions
of a proposed section 242(a)(2)(D) of the INA, has been deleted
from that phrase in the final version in this subparagraph
because it is superfluous. As the ACLU explained during the St.
Cyr litigation, a ``question of law'' is a question regarding
theconstruction of a statute. The word ``pure'' adds no
meaning. The purpose of section 106(a)(1)(A)(iii) is to permit judicial
review over those issues that were historically reviewable on habeas--
constitutional and statutory-construction questions, not discretionary
or factual questions. When a court is presented with a mixed question
of law and fact, the court should analyze it to the extent there are
legal elements, but should not review any factual elements. Factual
questions include those questions that courts would review under the
``substantial evidence'' or 242(b)(4)(B) standard, reversing only when
a reasonable factfinder would be compelled to conclude that the
decision below was erroneous.
Section 106(a)(1)(B) adds a new section 242(a)(4) to the
INA. This provision will allow aliens in section 240 removal
proceedings to seek review of ``any cause or claim under the
United Nations Convention Against Torture and Other Forms of
Cruel, Inhuman, or Degrading Treatment or Punishment'' in the
courts of appeal.
Section 106(a)(2) of Division B would amend section
242(b)(9) of the INA, concerning consolidation of issues for
judicial review, to clarify that, except as otherwise provided
in section 242 of the INA, no court is to have jurisdiction for
habeas review or other non-direct judicial review of a removal
order or questions of law or fact arising from such an order.
This does not affect habeas corpus review in section 242(e)(2)
of the INA. Subsection 242(g) of the INA, concerning exclusive
jurisdiction, is also amended to clarify that no habeas review
or other non-direct judicial review would be available for any
claim arising from a decision or action by the Attorney General
regarding the initiation and adjudication of removal
proceedings or the execution of removal orders against any
alien.
Under subsection 106(b), the effective date of the
amendments in subsection 106(a) is the date of enactment of
Division B, and the amendments would apply to cases in which
the final administrative order of removal, deportation or
exclusion was issued before, on, or after the date of
enactment. Subsection 106(c) of Division B would provide for
the transfer of pending habeas cases from district courts to
federal appellate courts in which they could have been properly
filed under section 242(b)(2) of the INA or the transitional
rules of IIRIRA.
Subsection 106(d) provides that IIRIRA transition-rule
cases filed under former subsection 106(a) of the INA (1995),
concerning judicial review of deportation and exclusion cases
and repealed by the IIRIRA, shall be treated as if they had
been filed under section 242 of the INA and that such petitions
shall be the sole avenue for judicial review of deportation or
exclusion orders, notwithstanding any other provisions of law,
including habeas review or other non-direct judicial review.
Finally, it should also be noted that section 106 will
not preclude habeas review over challenges to detention that
are independent of challenges to removal orders. Instead, the
bill would eliminate habeas review only over challenges to
removal orders.
TITLE II--IMPROVED SECURITY FOR DRIVERS' LICENSES AND PERSONAL
IDENTIFICATION CARDS
Section 201 of the conference agreement includes language
modified from language proposed in section 201 of Division B of
the House bill. The Senate did not include similar language.
Section 201 is necessary to clarify the Federal law as it
pertains to driver's licenses, and relates it to other federal
laws that govern state issuance and records keeping of ``motor
vehicle operator's license.'' That means that, to the degree
that commercial truck driver's licenses and HAZMAT licenses are
separately defined by Title 49, this law is directed to the
personal driver's licenses and local use commercial vehicle
licenses. It also names identification cards as being
regulated, as every entity listed under the ``State''
definition issues identity cards as well as driver's licenses.
The Act establishes a minimum definition of ``Official
Purpose'' to limit the use of any licenses or ID cards issued
by states that do not meet the Act's requirements. More
specifically, the definition provides direction as to what
certain categories of temporary license marked clearly on their
face to indicate they are not acceptable for federal
identification or federal purposes and cannot be used. For
example, non compliant driver's licenses or noncompliant state
issued ID cards cannot be used for identification to board
federally regulated commercial aircraft, enter nuclear power
plants or have access to federally regulated critical
infrastructure or similar facilities determined to be
vulnerable to attack. Noncompliant driver's licenses or
noncompliant state issued ID cards cannot be used for
identification for any federal purpose. The Secretary is
authorized to establish other purposes for which only those
license and ID cards that meet federal standards can be used.
Section 202 of the conference agreement includes language
modified from language proposed in section 202 of Division B of
the House bill. The Senate did not include similar language.
202(a)(1) states that the law is binding on Federal
agencies--not the states. Consequently, this Act does not
directly impose federal standards with respect to states'
issuance of driver's licenses and personal identification
cards. The application of the law is indirect, and hence states
need not comply with the listed standards. However, states
would nevertheless need to adopt such standards and modify any
conflicting laws or regulations in order for such documents to
be recognized by federal agencies for official purposes. The
Federal Government regulates driver's licenses issuance now for
HAZMAT and commercial trucks, but not with regard to their
physical security, counterfeit resistance or with regard to the
confirmation of the identity of an applicant before license
issuance. There is also federal regulation regarding Driving
Under the Influence of alcohol, including requiring suspension
of driving privileges, and provides grants to states for
prevention programs. Federal law and regulations (23 CFR
Chapter III) also provide detailed prescriptions for driver's
safety training as a condition for issuance of licenses, and
minimum standards for visual features to enable distinction
between learner's permits and full validity driver's licenses.
There is also a National Driver Register Problem Driver Point
System, established by the National Driver Register Act of
1982. This Act established a mandate for states to share
information about ``bad drivers'' through this system.
Participation in the NDR is optional, conditioned by Federal
grants. All 50 States and the District of Columbia participate
in the NDR. The system is also referred to as the Problem
Driver Pointer System (PDPS). Regulations governing
participants require states to collect more information than
required for the minimum document requirements under Section202
as part of the license issuance process. However, the requirements for
proof of identification to obtain a license are generalized. When the
REAL ID Act becomes law, CFR 23 will need to be substantially revised
by DOT to add details to the pertinent sections, as determined through
the Department of Homeland Security established regulations
implementing the Act. The primary process by which states will share
information regarding the identities of driver's license holders will
be the PDPS, once upgraded and with complimentary system capacity
upgrading by the States.
202(a)(2). The Conferees revised HR 418, which placed
compliance certification by the States under the authority of
the Secretary of Homeland Security, based on certification by
the Secretary of Transportation, so that the Secretary of
Homeland Security will determine whether a state is complying
with its certifications of compliance with the Act. This
establishes a new channel of federal regulation and compliance
audit by the Department of Homeland Security for identity
management, while requiring coordination of regulations with
the Department of Transportation (DOT) of driver's license
regimes.
Section 202(b) Minimum Document Requirements. The intent
of this requirement is to improve the ability of law
enforcement officers at all levels to confirm the identity of
the individuals presenting state issued driver's licenses or
identification cards.
202(b)(1) Many states don't follow the convention of full
legal name. For example, a person might ``use'' a middle name
versus his/her first name, and therefore prefer that the
driver's license use that name without regard to the ``real''
first name. Instead of William Beauford Brown, the state
driver's license states simply ``Beau Brown.'' Using a name
other than a full legal name results in ``no matches'' when
checked against other public records that use the full legal
name. This occurred with some of the licenses and state ID
cards obtained by the 9/11 terrorists, where the driver's
license ``names'' were variants on the actual name carried in
the passport, despite the terrorists' use of their own, valid
passports to verify name.
202(b)(2) The person's date of birth is necessary to
differentiate the person from others with the same name--for
example, there are thousands of John R. Browns in the U.S., but
very few have the same birthday. This is particularly relevant
to protect people from being delayed at airports because their
name coincides with someone on the ``do not fly'' list.
Additional biographic information on the document most citizens
present to board a plane will reduce problems with
misidentification that currently plague our security processes.
202(b)(3) Gender is for all but a very few persons a
clearly definable and verifiable biometric identifier. It
allows law enforcement and airport security to quickly match or
``no match'' a person against a wants and warrant notification.
Systematically employing it throughout the country would not
only improve identification of suspected terrorists, it would
expedite the checks on everyone else by reducing ``false
positives'' where a person is erroneously matched by name with
a wanted person.
202(b)(4) Currently every state does post a driver's
license number on a permanent driver's license ``card,'' but
not all states employ traceable numbers on temporary licenses
and temporary state ID cards. This is obviously an important
tool in differentiating counterfeit licenses from valid
licenses--via a number check.
202(b)(5) requires a digital photograph of the person so
that it can be confirmed by comparison to the current and/or
future database of the State issuing the license, using
existing secure technology designed for that purpose. More than
20 states continue to use a process where ``regular'' photos
are glued into license forms. These are easily altered by
breaking the plastic seal, and replacing the valid photo with
one of the person who has stolen or ``borrowed'' the license or
ID card from the person to whom it was validly issued. The
intent of requiring a digital photo, as in a passport, is to
insure that the photo accurately captures the appearance of the
person to whom it was issued. It also allows the state to
retain a record of the digital image at a relatively low cost,
and be able to provide that image to law enforcement quickly
via a computer link.
202(b)(6) Having the person's principal residence address
is, in fact, a standard requirement in nearly all states, but
many states make no effort to verify that it is the principal
residence, and not an address of convenience, or a completely
irrelevant address selected at random by the applicant. In this
last case, the applicant has normally provided a false address
to avoid apprehension for a crime, or notification by law
enforcement regarding a civil award. Many scofflaw fathers hide
their current location to avoid paying child support, as
required by federal law.
202(b)(7) requires a person's signature, so that it can
be compared to a person's signature when using the card for
identity confirmation for both civil, legal and regular
financial transactions, as to verify a credit card signature.
Signature verification is another means for a law enforcement
officer to confirm identity, and is actually of convenience to
retail establishments to confirm check and credit card
signatures.
202(b)(8) requires physical security features to prevent
tampering, counterfeiting or duplication of the document for
fraudulent purposes. The importance of this requirement cannot
be overstated. A majority of states maintain a high level of
physical security in the manufacture of their cards.
Unfortunately, a significant minority of states do not issue
licenses or ID cards with secure physical characteristics. This
results in criminals, identity thieves, and amateurs such as
college students being able to ``manufacture'' fake driver's
licenses and ID cards from these states. Federal law
enforcement officials--national forensic document laboratory--
can validate that the driver's licenses of these states are not
secure from counterfeiting using easily available technology.
202(b)(9) A common machine-readable technology exists,
along with common defined minimum data elements, under the
interstate driver's compact to which 46 states already belong.
There is inconsistency in actual practice with regard to the
order of the data. Further, there has been little research on
methods to secure the privacy of the data contained on the
machine readable strip. Improvements in the machine readable
technology would allow for less data being present on the face
of the card in the future, with other data stored securely and
only able to be read by law enforcement officials.
Section 202(c) Minimum Issuance Standards. The 9/11
Commission report recommended that the federal government
correct the chronic weakness among many of the states in the
verification of identity for issuance of licenses. That
recommendation has been supported by other reports on criminal
justice, drunk driving, and underage drinking, albeit for
entirely different objectives. Current federal regulations
addressing driver's licenses require the states to obtain a
date of birth for each applicant, but states set their own
criteria for what kind of document they can rely on for the
DOB. Consequently, the Commission staff report noted that it's
similarly easy for a terrorist, or for a tourist, entering the
U.S. on a valid visa, to build a ``document chain'' beginning
with a counterfeit or an altered document. Precisely because we
have many legal immigrants, States rarely check the
authenticity of ``green cards'' or other immigration documents.
Which is why 9-11 terrorist Mohammad Atta was able to pass a
hand altered immigration document to get a 6 year Florida's
driver's license despite holding what was, in fact, a visa that
was about to expire. Once implemented, it will also address the
problem in which high school and underage college students
obtain authentic driver's licenses in states other than ones
they grew up in, with a false age that allows them to go into
bars and consume alcohol. The provision will establish minimum
issuance standards for federal recognition requiring that
before a state can issue a driver's license or photo
identification card, it would have to verify with the issuing
agency, the issuance, validity and completeness of: (1) a photo
identification document or a non-photo document containing both
the individual's full legal name and date of birth; (2) date of
birth; (3) proof of a social security number (SSN) or
verification of the individual's ineligibility for a SSN; and
(4) name and address of the individual's principal residence. A
comparable, but more loosely defined set of identity
verification requirements pertaining to minimum requirements
for NDR inquiries are stated in CFR 23, 1327.5 to be ``Proof of
identification--Acceptable forms of identification are driver's
license, birth certificate, credit card, employee
identification card, and other forms of identification normally
accepted by the State.'' The new requirements do not ``preempt
any state verification standards'' but require that the state
establish a common minimum set of standards. Nothing in the law
limits a state's prerogative to use other supplementary forms
of identity confirmation, nor to use a much lower standard for
the issuance of learner's permits or other driving permits that
are not eligible to be used for identification purposes by
federal agencies. For those forty states who have public policy
positions and corroborating state law that establish minimum
identity confirmation standards and a legal presence
requirement, the standards will provide a common platform.
202(c)(2)--Special Requirements. This requires a state,
before issuing a driver's license or identification card to a
person, to require a person to present valid documentary
evidence that he or she is either a U.S. citizen or national or
an alien legally present in the United States. CRS has noted
that there are no special requirements relating to the issuance
of identification cards to persons who are not U.S. citizens
but are nonetheless U.S. nationals (i.e., most residents of
American Samoa or Swain's Island). That will not be necessary
within the Act, as the Secretaries of DHS and DOT will
accordingly address those special categories of U.S. nationals
(a U.S. citizen or ``a person who, though not a citizen of the
United States, owes permanent allegiance to the United
States'').
For those states electing to conform to the requirements
of this Act, so that their driver's licenses will be accepted
for identification purposes by the federal government, this set
of requirements establishes the basis for a common statutory
basis for subsequent federal regulations.
202(c)(2)(B) The evidence of Legal Status requirements
conform almost exactly to those of the laws of the Commonwealth
of Virginia, and are parallel to the state laws of New York,
Florida, California and roughly thirty other states which have
passed laws requiring evidence of lawful presence in the United
States. It requires for state license and ID cards verification
that an applicant is lawfully present (not present in violation
of the Immigration and Naturalization Act) in the United States
before issuing a driver's license or personal identification
card that is intended to be used for identification purposes by
federal agencies. Under this section, persons would only be
eligible for temporary drivers' licenses or identification
cards if evidence is presented that they: (1) have a valid,
unexpired non-immigrant visa or non-immigrant visa status for
entry into the United States; (2) have a pending or approved
application for asylum in the United States; (3) have entered
into the United States in refugee status; (4) have a pending or
approved application for temporary protected status in the
United States; (5) have approved deferred action status; or (6)
have 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.
202(c)(2)(C) This establishes that, in order to issue
temporary licenses or temporary ID cards that will be
acceptable to the federal government for identification
purposes, a state may only issue a temporary driver's license
or identification card with an expiration date equal to the
period of time of the applicant's authorized stay in the United
States. Clause ii provides that if there is an indefinite end
to the period of authorized stay, the card's expiration date
shall be one year. The temporary card shall clearly indicate
that it is temporary and shall state the expiration date.
Clause iii provides for clear display of the expiration date on
a temporary card, which is an extremely important requirement
for the benefit of public safety and security personnel, police
and others who need to inspect people for entry to airports,
secure facilities, and for official federal purposes, as
defined in the act and by subsequent regulations. A clear
display facilitates an expedited inspection, and a clear date
to determine validity of the temporary licenses. Clause iv
provides that renewals of the temporary cards would be done
only upon presentation of valid documentary evidence that the
status had been extended by the Secretary of Homeland Security.
This is important because renewals of temporary licenses were
exploited by the 9/11 terrorists, and have been a major
security vulnerability with foreign visitors who decide to
overstay their valid visa terms.
202(c)(3)(B) The requirement that licenses for ID
purposes for foreign visitors not be issued except when the
applicant's identity is confirmed by a passport is intended to
strengthen the identify confirmation process for foreign
visitors, and to stop the process of accepting unreliable
foreign documents for identification. Should an applicant who
is not a U.S. citizen or immigrant otherwise meet the
identification standards set out in the bill, a State must only
provide a temporary license or certificate limited to one
year's duration and clearly marked as not for identification,
with the notification to the holder that it is not valid for
federal identification or official federal purposes.
202(c)(3)(C) The Act, for purposes of validating states'
determination of lawful presence requires that all States 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, to
verify the legal presence status of a person, other than a
United States citizen or national, applying for a driver's
license or identification card.
Section 202(d) Other requirements are each new procedural
standards to be addressed by regulations to be established by
DHS under the Act.
202(d)(1) Obtaining and retaining digital images of
applicants will assist in expediting applicant identity
confirmation for license and ID card renewal process. It will
also assist with preventing fraud, and facilitate those states
using photo comparison software to identify such frauds, and
safeguard against identity theft.
202(d)(2) requires states to keep records of source
documents (birth certificates, etc.) for at least 7 years
primarily to allow for renewal of driver's licenses without
requiring license holders to bring back identity confirming
documents. It also establishes a minimum duration during which
documentation is available to law enforcement officers
investigating and prosecuting suspected identity concealment by
criminals and terrorists, as well as obtaining proof and
assistance with identity theft crimes. This corrects a current
problem in which states don't retain records at all, or destroy
them after a few months, hence destroying both the audit trail
of proof of valid documents needed to issue a license, as well
as fraudulent documents used by law breakers until subsequently
discovered by investigators. Although the FBI has provided the
counts now used about the false identities maintained by the 19
9-11 terrorists, they may in fact have had more, as state
records systems are sometimes so poor that few source documents
are available to confirm or deny. The goal is to move all the
state's records into electronic format, with each state
consolidating electronic records otherwise maintained at County
level at the State level. The cost is much lower than the paper
filing system still maintained by some States. The initial
capital cost for the state is not insignificant, but the
incremental savings are great. Although this Act will require
licenses be re-issued after every eight years, states will need
to have original document records to discern whether the birth
certificate was valid that was originally presented when the
prior license was issued. The Social Security Administration is
pursuing a birth certificate records system with the States
that is beginning to have an effect in a few pilot states,
which program will be further accelerated by the program put
into law through the Intelligence Reform Act that will reduce
the state's need to retain a separate record of document images
or paper records.
202(d)(3) The requirement to photograph each applicant
has as its purpose capturing a recorded photograph of
applicants who may be denied a license for insufficient
documents or documents that are recognized as fraudulent. This
will primarily act as a deterrent to attempted fraud, once the
public becomes aware of this new procedure, since frauds and
others using false identities will understand that their
photograph will be available to law enforcement even if they
are denied a license or ID card. It is a particularly important
tool for federal law enforcement investigating suspected
terrorism and identity theft.
202(d)(4) The requirement to establish an effective
procedure to confirm or verify a renewing applicant's
information will establish a qualitative floor standard to
correct the current problem in some states where license and ID
card renewal is done without adequate confirmation of identity
of the applicant. Those inadequate procedures are both a source
of identity theft and a vulnerability that terrorists might
exploit.
202(d)(5) imposes an important requirement to correct a
current practice of many states in which multiple driver's
licenses with multiple names are allowed to use the same
reference Social Security Number as the ``reference'' SSN to
confirm identity. In the event that a SSN 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. The
need for this requirement is illustrated by what was found in
Virginia and in New York State when state laws in each were
changed post 9/11. In 2002, when Virginia began reconciling
SSNs with the Social Security Administration, it found the SSNs
of more than a quarter million of its license holders were
``non-matches'' with the Social Security Administration's
records. Similarly New York State found hundreds of thousands
of similar license holders in its database.
202(d)(6) corrects the current security vulnerability of
state procedures where a license or ID card issued by another
state is replaced with a new license or ID card without
confiscating the ``old'' card or notifying the other state of
the new issuance. Several of the 9/11 terrorists told the
issuing states that they had lost their licenses so that they
could have two valid licenses, and then used the duplicate to
obtain a license in another state, allowing them to hold
multiple licenses from multiple states. This practice of
obtaining multiple licenses in multiple states is also
routinely exercised by criminals and bad drivers for their
respective illegal purposes, which this requirement will
correct.
202(d)(7) requiring improved physical security, addresses
a growing problem of identity thieves and documents purveyors
breaking into state facilities and stealing license stock
blanks, printing machines, and sometimes actual computer hard
drives in which current license holder data is stored.
202(d)(8) subjects state personnel and contractors
employed by the states who produce the driver's licenses to
security clearance requirements. Investigations of driver's
license insider corruption in Virginia, New Jersey and other
states in the past three years revealed that a routine security
investigation would have prevented key perpetrators from ever
being employed to handle documents of high ``street'' value
that can be sold to illegal aliens, criminals, terrorists, and
identity thieves.
202(d)(9) requires states to train employees to detect
fraud ``before it happens'' to reduce vulnerability to
terrorists, identity thieves, alien smugglers and illegal
aliens with false documents and ``bad driver'' frauds. A few
states do this now, and all states need to do this to improve
the integrity of the license issuing process.
202(d)(10) limits the term of validity of driver's
licenses and ID cards to establish a maximum term, to address
the current vulnerability to identity thieves who steal or
purchase thevalid driver's license, and then assume the
identity of a dead person or someone who has left the state, and go
undiscovered for an indefinite period.
202(d)(11) provides for those categories of special
licenses issued by states for local or temporary purposes where
the identity of the applicant cannot be assured, or for whom
lawful presence is not determined. Examples of such licenses or
Florida licenses issued as valid only for ``in state''
purposes, and certificates of driving privileges issued by
Tennessee and Utah, for which the applicants cannot meet the
identity confirmation requirements of the Act. Subparagraph A
establishes the requirement that such documents and/or cards be
clearly marked as not accepted for federal identification. The
provision will allow the state to meet the terms of this act
with regard to its non-standard licenses, provided DHS confirms
its certification that its procedures don't provide any ``back
doors'' to licenses or ID cards that are intended to be valid
for federal identification or federal purposes. Subparagraph B
requires a unique design or color indicator such as a special
colored border so that federal officials can quickly recognize
it is not valid for federal identification or federal purposes.
202(d)(12) requires each state to be able to
electronically access information contained in other states'
motor vehicle databases. DHS will be expected to establish
regulations which adequately protect the privacy of the holders
of licenses and ID cards which meet the standards for federal
identification and federal purposes. DHS regulations pertaining
to the overall security of state databases to safeguard them
from unauthorized access or any criminal abuse are not required
by this Act because DHS is already subject to privacy
protection standards through other federal laws pertaining to
cyber security.
202(d)(13) The requirement for states to maintain a motor
vehicle database that contains all data fields printed on
driver's licenses and identification cards is directed at those
states which currently don't store adequate records to allow
other states to confirm the validity of the original issues.
This requirement is primarily to address identity management
minimum standards, and to support the goal of ``only one
license for one driver.'' This provision in both parts will
correct a significant problem that has led to some states
refusing to provide reciprocity to other states with regard to
both adequate data and assurance of driver safety, particularly
with regard to Driving Under the Influence citations.
Section 203 of the conference agreement includes language
modified from language proposed in section 204 of division B of
the House bill. The Senate did not include similar language.
Section 203. This section amends 18 U.S.C.
Sec. 1028(a)(8), which makes it a federal crime to transport,
transfer, or otherwise dispose of to another, materials or
features used on a document of the type intended or commonly
used for identification purposes. By replacing the phrase
``false identification features'' with ``false or actual
authentication features,'' this provision clarifies the scope
of the criminal provision, making it a crime to traffic in
identification features regardless of whether the feature is
false. In addition, section 203(b) requires that the Secretary
of Homeland Security enter conviction information into the
appropriate aviation screening database. This provision should
improve the security of the clearance process while reducing
incidents of travelers being delayed because of similar names
with people on the ``do not fly'' watch list.
Section 204 of the conference agreement includes language
modified from language proposed in section 205 of division B of
the House bill. The Senate did not include similar language.
Section 204 provides grants to states under the
discretion of the Secretary of Homeland Security. This will
require DHS to establish a process for grant requests, and the
time table under which states will need to meet the
requirements of the regulations. Some states are already in
compliance with nearly all of the standards established by the
act, and it will be incumbent upon DHS to recognize that grants
should be only used to assist those states which cannot
otherwise meet the minimum standards by the end of 2009. DHS
will also need to establish internal certification procedures
so that grants awarded are spent for the purposes identified.
This provision also authorizes the Secretary to request funds
and assign personnel for the administration of this Act through
the normal process.
Section 205 of the conference agreement includes language
modified from language proposed in section 206 of division B of
the House bill. The Senate did not include similar language.
Section 205 requires the Secretary of Homeland Security
to consult with the Secretary of Transportation and with the
states in the process under which DHS issues regulations, sets
standards, and issues grants under this title. This provision
establishes that the Secretary, consistent with the
Administrative Procedures Act, will follow a conventional
regulatory notice procedure, including the established
interagency notification regime, and will not engage in any
other form of rulemaking, such as negotiated rule making.
Section 205 also allows the Secretary of DHS to grant an
extension of time only to meet the requirements of section
202(a)(1), which means that all states must meet standards
established by the regulation with a uniform deadline for their
respective driver's licenses and ID cards to be used for
Federal identification and federal purposes.
Section 206 of the conference agreement includes language
modified from language proposed in section 207 of division B of
the House bill. The Senate did not include similar language.
Section 206 also repeals overlapping and potentially
conflicting provisions of the Intelligence Reform and Terrorism
Prevention Act of 2004.
Section 207 of the conference agreement includes language
modified from language proposed in section 208 of division B of
the House bill. The Senate did not include similar language.
Section 207 provides a normal limitation on statutory
construction to preserve the authorities and responsibilities
of the Secretary of Transportation.
TITLE III--BORDER INFRASTRUCTURE AND TECHNOLOGY INTEGRATION
Section 301 of the conference agreement includes language
modified from language proposed in section 301 of division B of
the House bill. The Senate did not include similar language.
Section 301 requires 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, to study the technology, equipment, and personnel
needed by field offices of the Bureau of Customs and Border
Protection to address security vulnerabilities within the
United States, and conduct a follow-up study at least once
every five years thereafter. The Under Secretary of Homeland
Security for Border and Transportation Security is required to
submit a report to Congress of findings and conclusions from
each study, along with legislative recommendations for
addressing security vulnerabilities. Section 301(c) authorizes
necessary appropriations for fiscal years 2006 through 2011 to
carry out recommendations from the first study.
Section 302 of the conference agreement includes language
modified from language proposed in section 302 of division B of
the House bill. The Senate did not include similar language.
Section 302 requires the Department of Homeland Security
to establish a pilot program to identify and test ground
surveillance technologies to enhance border security. The
program would cover both northern and southern border
locations. It also requires DHS to submit a report to
designated House and Senate committees within a year of program
implementation describing the program and recommending whether
it should terminate, be made permanent, or be enhanced.
Section 303 of the conference agreement includes language
modified from language proposed in section 303 of division B of
the House bill. The Senate did not include similar language.
Section 303 requires the Secretary of Homeland Security,
in consultation with various federal, state, local, and tribal
agencies, to develop and implement a plan to improve
interagency communication systems and enhance information-
sharing on matters related to border security on the federal,
state, local, and tribal level. DHS would submit a report to
designated House and Senate committees within a year of plan
implementation which would include any recommendations that the
Secretary of Homeland Security found appropriate.
TITLE IV--TEMPORARY WORKERS
The conference agreement includes language modified from
language proposed by the Senate regarding numerical limits for
H2-B visas for certain nonimmigrant workers. The House did not
include similar language.
TITLE V--OTHER CHANGES TO PROVISIONS GOVERNING NONIMMIGRANT AND
IMMIGRANT VISAS
The conference agreement includes language modified from
language proposed by the Senate regarding reciprocal visas for
national of Australia. The House did not include similar
language.
The conference agreement includes language modified from
language proposed by the Senate regarding visas for nurses. The
House did not include similar language.
The conferees agree to the Senate amendment relating to
the title of the Act. The Senate amended the title 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.''.
Jerry Lewis,
C. W. Bill Young,
Ralph Regula,
Harold Rogers,
Frank R. Wolf,
Jim Kolbe,
James T. Walsh,
Charles H. Taylor,
David L. Hobson,
Henry Bonilla,
Joe Knollenberg,
John P. Murtha,
Norman D. Dicks,
Alan B. Mollohan,
Peter J. Visclosky,
Chet Edwards,
Managers on the Part of the House.
Thad Cochran,
Ted Stevens,
Pete V. Domenici,
Christopher S. Bond,
Mitch McConnell,
Richard C. Shelby,
Judd Gregg,
Robert F. Bennett,
Larry Craig,
Kay Bailey Hutchison,
Mike DeWine,
Sam Brownback,
Wayne Allard,
Robert C. Byrd,
Daniel K. Inouye,
Patrick Leahy
(with exception for REAL
ID),
Tom Harkin
(with exception for REAL
ID),
Barbara Mikulski
(with exception for REAL
ID),
Harry Reid
(with exception for REAL
ID),
Byron L. Dorgan
(with res.--conference did
not reconvene),
Dianne Feinstein
(with exception for REAL
ID),
Tim Johnson,
Mary Landrieu,
Managers on the Part of the Senate.