[United States Statutes at Large, Volume 119, 109th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

119 STAT. 231

Public Law 109-13
109th Congress

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. NOTE: May 11, 2005 -  [H.R. 1268]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress NOTE: Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Tsunami
Relief, 2005. assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Emergency Supplemental Appropriations
Act for Defense, the Global War on Terror, and Tsunami Relief, 2005''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.

DIVISION A--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR DEFENSE, THE
GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF, 2005

Title I--Defense Related Appropriations
Title II--International Programs and Assistance for Reconstruction and
the War on Terror
Title III--Domestic Appropriations for the War on Terror
Title IV--Indian Ocean Tsunami Relief
Title V--Other Emergency Appropriations
Title VI--General Provisions and Technical Corrections

DIVISION B--REAL ID ACT OF 2005

SEC. 3. REFERENCES.

Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.

DIVISION NOTE: Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Tsunami Relief, 2005. 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:

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119 STAT. 232

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).

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119 STAT. 233

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).

[[Page 234]]
119 STAT. 234

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, NOTE: Notification. 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, NOTE: Reports. 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

[[Page 235]]
119 STAT. 235

provided under 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, NOTE: Notification. 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, NOTE: Notification. 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, NOTE: Reports. Deadline. 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

[[Page 236]]
119 STAT. 236

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, NOTE: Notification. 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, NOTE: Notification. 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, NOTE: Reports. Deadline. 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

[[Page 237]]
119 STAT. 237

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).

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119 STAT. 238

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).

[[Page 239]]
119 STAT. 239

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).

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119 STAT. 240

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).

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119 STAT. 241

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, NOTE: Notification. That the Secretary shall notify the
Congress promptly of each transfer made pursuant to this authority:
Provided further, That the transfer authority provided

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119 STAT. 242

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) NOTE: Applicability. 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''.

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119 STAT. 243

Advance Billing


Sec. 1005. NOTE: Applicability. 10 USC 2208 note. 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, NOTE: Reports. 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), NOTE: 118 Stat.
992. 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.

[[Page 244]]
119 STAT. 244

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), NOTE: 50 USC 401
note. 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--

[[Page 245]]
119 STAT. 245

(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--

[[Page 246]]
119 STAT. 246

(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) NOTE: Regulations. Notice. 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) NOTE: Notice. Regulations. 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) NOTE: 38 USC 1967 note. 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. NOTE: Effective date. 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--

[[Page 247]]
119 STAT. 247

(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) NOTE: Applicability. 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.''.

[[Page 248]]
119 STAT. 248

(c) Payment of Death Gratuity for Certain Other Deaths From Combat-
Related Causes or Causes Incurred in Combat Operations or Areas.--Such
section is further amended by adding at the end the following new
subsection:
``(f)(1) In the case of a person described in paragraph (2), a death
gratuity shall be payable in accordance with this subsection for the
death of such person that is in addition to the death gratuity payable
in the case of such death under subsection (e).
``(2) NOTE: Applicability. 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) NOTE: 10 USC 1478 note. 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 NOTE: Effective date. 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).

[[Page 249]]
119 STAT. 249

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) NOTE: Deadline. Kentucky. Colorado. 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) NOTE: Deadline. 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

[[Page 250]]
119 STAT. 250

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 NOTE: 118 Stat.
439. 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

[[Page 251]]
119 STAT. 251

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. NOTE: 5 USC 9902 note. 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) NOTE: 37 USC 403 note. Termination.--The amendment made by
this section shall terminate on September 30, 2005. NOTE: Effective
date. 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. NOTE: Effective date. Effective on October 1,
2005,


[[Page 252]]
119 STAT. 252

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

[[Page 253]]
119 STAT. 253

to Congress under section 1105(a) of title 31, United States
Code;
(2) NOTE: President. Deadline. 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) NOTE: 10 USC 113 note. 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

[[Page 254]]
119 STAT. 254

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

[[Page 255]]
119 STAT. 255

by the Acts referred to in paragraph (1) for the Operation and
Maintenance, Air Force account.

(d) NOTE: 37 USC 411h note. 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) NOTE: 37 USC 411h note. Effective date. 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

[[Page 256]]
119 STAT. 256

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.

[[Page 257]]
119 STAT. 257

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) NOTE: Regulations. 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;

[[Page 258]]
119 STAT. 258

``(2) the loss results directly from that traumatic injury
and from no other cause; and
``(3) NOTE: Deadline. 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

[[Page 259]]
119 STAT. 259

the Secretary of Veterans Affairs. NOTE: Notice. Deadline. 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) NOTE: Effective date. 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) NOTE: Certification. 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) NOTE: 38 USC 1980A note. 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) NOTE: 38 USC 1980A note. Effective Date.--

[[Page 260]]
119 STAT. 260

(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) NOTE: Deadline. Reports. 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--

[[Page 261]]
119 STAT. 261

(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. NOTE: Arkansas. 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).

[[Page 262]]
119 STAT. 262

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

[[Page 263]]
119 STAT. 263

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).

[[Page 264]]
119 STAT. 264

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).

[[Page 265]]
119 STAT. 265

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, NOTE: Notification. Deadline. 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).

[[Page 266]]
119 STAT. 266

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 NOTE: 118 Stat.
3019. 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

[[Page 267]]
119 STAT. 267

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. NOTE: President. 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''.

[[Page 268]]
119 STAT. 268

CANDIDATE COUNTRIES


Sec. 2109. Section 616(b)(1) of the Millennium Challenge Act of 2003
(Public Law 108-199) NOTE: 22 USC 7715. 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. NOTE: 22 USC 2370b. (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) NOTE: Deadline. President. Reports. 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) NOTE: Effective date. Applicability. 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.

[[Page 269]]
119 STAT. 269

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, NOTE: Deadline. 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, NOTE: Deadline. 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

[[Page 270]]
119 STAT. 270

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, NOTE: Deadline. 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).

[[Page 271]]
119 STAT. 271

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).

[[Page 272]]
119 STAT. 272

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) NOTE: 118 Stat. 3174. 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) NOTE: Effective date. 2 USC 117m note. 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)''.

[[Page 273]]
119 STAT. 273

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

[[Page 274]]
119 STAT. 274

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, NOTE: President. 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:

[[Page 275]]
119 STAT. 275

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)).

[[Page 276]]
119 STAT. 276

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

[[Page 277]]
119 STAT. 277

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).

[[Page 278]]
119 STAT. 278

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, NOTE: Utah. 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. NOTE: Ohio. 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.

[[Page 279]]
119 STAT. 279

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).

[[Page 280]]
119 STAT. 280

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.

[[Page 281]]
119 STAT. 281

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.

[[Page 282]]
119 STAT. 282

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 NOTE: 118
Stat. 2940. 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 NOTE: 33 USC 2221. 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 NOTE: 114
Stat. 2605. 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 NOTE: 118
Stat. 2939. 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.

[[Page 283]]
119 STAT. 283

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, NOTE: 118 Stat. 2935. 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 NOTE: 118
Stat. 2947. 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 NOTE: 114 Stat. 2763A-222. 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

[[Page 284]]
119 STAT. 284

(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) NOTE: 42 USC 10301 note. 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'' NOTE: 118
Stat. 2951. 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'' NOTE: 118 Stat.
2951. 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'' NOTE: 118 Stat. 3081. is amended by inserting before
the period at the end the following: ``: Provided further, That
$1,000,000 is made available for the

[[Page 285]]
119 STAT. 285

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) NOTE: 118 Stat.
2954. is amended by inserting before the period at the end of
``Defense Environmental Services'' the following: ``: Provided, That to
the extent activities to be funded within the `Defense Environmental
Services' cannot be funded without unduly impacting mission activities
and statutory requirements, up to $30,000,000 from `Defense Site
Acceleration Completion' may be used for these activities: Provided
further, That $2,000,000 is provided within available funds to support
desalination activities in partnership with the Bureau of Reclamation at
the Tularosa Basin desalination facility, New Mexico''.


Defense Site Acceleration Completion Transfer to Weapons Activities


(including transfer of funds)


Sec. 6021. Notwithstanding the provisions of section 302 of Public
Law 102-377 and section 4705 of Public Law 107-314, as amended, the
Department may transfer up to $4,000,000 from the ``Defense Site
Acceleration Completion'' appropriation to ``Weapons Activities''
appropriation contained in the Consolidated Appropriations Act, 2005
(Public Law 108-447), division C--Energy and Water Development.


small business contracting


Sec. 6022. NOTE: Deadline. Memorandum. 42 USC 7256 note. (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,

[[Page 286]]
119 STAT. 286

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) NOTE: Deadline. 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) NOTE: Reports. 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) NOTE: Effective date. Termination date. 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

[[Page 287]]
119 STAT. 287

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. NOTE: 31 USC 501 note. 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: NOTE: Deadline. 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

[[Page 288]]
119 STAT. 288

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 NOTE: 118 Stat.
3072. 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

[[Page 289]]
119 STAT. 289

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. NOTE: Mississippi. Minerals. (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) NOTE: Contracts. 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. NOTE: Reaffirmation of State Regulation of Resident and
Nonresident Hunting and Fishing Act of 2005. 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

[[Page 290]]
119 STAT. 290

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 NOTE: 118 Stat. 3122. is hereby repealed.

[[Page 291]]
119 STAT. 291

(b) Section 208 of division F of Public Law 108-447 NOTE: 118
Stat. 3138. 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'';

[[Page 292]]
119 STAT. 292

(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

[[Page 293]]
119 STAT. 293

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

[[Page 294]]
119 STAT. 294

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 NOTE: 118
Stat. 3323. 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.''.

[[Page 295]]
119 STAT. 295

(c) NOTE: 42 USC 1395hhh note. 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) NOTE: Effective date. 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) NOTE: Effective date. 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

[[Page 296]]
119 STAT. 296

year limitation: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th Congress).


technical corrections--national oceanic and atmospheric administration--
fiscal year 2005


Sec. 6051. The referenced statement of managers under the heading
``National Oceanic and Atmospheric Administration'' in title II of
division B of Public Law 108-447 is deemed to be amended after ``Bonneau
Ferry, SC'' by striking ``20,000'' and inserting ``19,200'' in the
``Procurement, Acquisition and Construction'' account: Provided, That
the difference in these amounts are available for transfer to the
``Operations, Research, and Facilities'' account for ``Response and
Restoration Base''.
Sec. 6052. The referenced statement of managers under the heading
``National Oceanic and Atmospheric Administration'' in title II of
division B of Public Law 108-447 is deemed to be amended under the
heading ``Construction/Acquisition, Coastal and Estuarine Land
Conservation Program'' by striking ``Tonner Canyon, CA'' and inserting
``Tolay Lake, Sonoma County, CA''.
Sec. 6053. The referenced statement of managers under the heading
``National Oceanic and Atmospheric Administration'' in title II of
division B of Public Law 108-447 is deemed to be amended under the
heading ``Construction/Acquisition, Coastal and Estuarine Land
Conservation Program'' by striking ``Port Aransas Nature Preserve
Wetlands Project, TX--3,000'' and under the heading ``Section 2 (FWCA)
Coastal/Estuarine Land Acquisition'' by inserting ``Port Aransas Nature
Preserve Wetlands Project, TX--3,000''.


small business administration--technical corrections


Sec. 6054. Section 621 of title VI of division B of Public Law 108-
199 NOTE: 118 Stat. 96. 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 NOTE: 118 Stat. 2916. 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, NOTE: 118 Stat. 2919. 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) NOTE: 114
Stat. 2762A-112, 115 Stat. 804. are each amended by striking ``NTTC at
Wheeling Jesuit University'' and inserting ``West Virginia High
Technology Consortium Foundation''.

(b) NOTE: Applicability. The amendments made by subsection (a)
shall apply to the remaining balances of the grants involved.

[[Page 297]]
119 STAT. 297

technical correction--bankruptcy


Sec. 6058. (a) Section 325 of the Bankruptcy Abuse Prevention and
Consumer Protection Act of 2005 NOTE: Ante, p. 98. 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) NOTE: Effective date. 28 USC 589a note. 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) NOTE: 31
USC 5111 note. 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

[[Page 298]]
119 STAT. 298

H of Public Law 108-447 NOTE: 118 Stat. 3224. 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 NOTE: 112 Stat. 256. 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 NOTE: 118 Stat.
3235. 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.

[[Page 299]]
119 STAT. 299

the judiciary


Sec. 6066. Section 308 of division B of Public Law NOTE: 28 USC
331 note. 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, NOTE: 118 Stat. 3253. 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 NOTE: 40 USC 572. 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'';

[[Page 300]]
119 STAT. 300

(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 NOTE: 12 USC 1709. is deleted; and

(b) Section 203(c)(1) of the National Housing Act (12 U.S.C.
1709(c)) is amended by--
(1) striking ``subsections'' and inserting ``subsection'',
and
(2) striking ``or (k)'' each place that it appears.

Sec. 6074. Section 255(g) of the National Housing Act (12 U.S.C.
1715z-20(g)) is amended by striking ``150,000'' and inserting
``250,000''.
Sec. 6075. The matter under the heading relating to ``Public and
Indian Housing--public housing capital fund'' in title II of the
Departments of Veterans Affairs and Housing and Urban

[[Page 301]]
119 STAT. 301

Development, and Independent Agencies Appropriations Act, 2005 (enacted
as division I of the Consolidated Appropriations Act, 2005 (Public Law
108-447; 118 Stat. 3297)) is amended by striking the 8th proviso and
inserting the following: ``: Provided further, That up to $3,000,000 is
to support the costs of administrative and judicial receiverships''.


prepackaged news


Sec. 6076. Unless otherwise authorized by existing law, none of the
funds provided in this Act or any other Act, may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States unless the story includes
a clear notification within the text or audio of the prepackaged news
story that the prepackaged news story was prepared or funded by that
executive branch agency.


Local Budget Authority for the District of Columbia


Sec. 6077. The District of Columbia Appropriations Act, 2005 (Public
Law 108-335) approved October 18, 2004, is amended as follows:
(1) Section 331 NOTE: 118 Stat. 1345. 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) NOTE: 118 Stat. 1353. 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'.''.

[[Page 302]]
119 STAT. 302

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) NOTE: 118 Stat.
3293. 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) NOTE: 118 Stat.
3293. 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, NOTE: 118 Stat. 2391. 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 NOTE: REAL ID Act of 2005. B--REAL ID ACT OF 2005

SECTION 1. SHORT NOTE: 8 USC 1101 note. 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'';

[[Page 303]]
119 STAT. 303

(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:

[[Page 304]]
119 STAT. 304

``(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 NOTE: 8 USC 1229a. (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

[[Page 305]]
119 STAT. 305

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) NOTE: Applicability. Effective Dates.--
(1) NOTE: 8 USC 1158 note. 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) NOTE: 8 USC 1252 note. The amendment made by
subsection (e) shall take effect on the date of the enactment of
this division and shall apply

[[Page 306]]
119 STAT. 306

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) NOTE: 8 USC 1157 note. 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) NOTE: 118 Stat. 3737. 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. NOTE: Federal Register, publication. Effective
date. 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) NOTE: Deadline. 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));

[[Page 307]]
119 STAT. 307

``(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;

[[Page 308]]
119 STAT. 308

``(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) NOTE: Applicability. 8 USC 1182 note. 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--

[[Page 309]]
119 STAT. 309

(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) NOTE: Deadline. Reports. 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) NOTE: Applicability. 8 USC 1227 note. 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.

[[Page 310]]
119 STAT. 310

(b) NOTE: Effective date. 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 NOTE: 8 USC
1227. 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,

[[Page 311]]
119 STAT. 311

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) NOTE: Applicability. 8 USC 1252 note. 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) NOTE: 8 USC 1252 note. 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) NOTE: 8 USC 1252 note. 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. NOTE: 49 USC 30301 note. DEFINITIONS.

In this title, the following definitions apply:

[[Page 312]]
119 STAT. 312

(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. NOTE: 49 USC 30301 note. MINIMUM DOCUMENT REQUIREMENTS AND
ISSUANCE STANDARDS FOR FEDERAL RECOGNITION.

(a) Minimum Standards for Federal Use.--
(1) NOTE: Effective date. 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:

[[Page 313]]
119 STAT. 313

(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

[[Page 314]]
119 STAT. 314

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) NOTE: Deadline. Memorandum. 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.

[[Page 315]]
119 STAT. 315

(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. NOTE: 49 USC 30301 note. 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 NOTE: 49 USC 30301 note. 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. NOTE: 49 USC 30301 note. 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.

[[Page 316]]
119 STAT. 316

SEC. 206. REPEAL.

Section 7212 of the Intelligence Reform and Terrorism Prevention Act
of 2004 (Public Law 108-458) NOTE: 49 USC 30301 note. 49 USC 30301
note. 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 NOTE: 8 USC 1778. 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. NOTE: 8 USC 1712 note. USE OF GROUND SURVEILLANCE
TECHNOLOGIES FOR BORDER SECURITY.

(a) NOTE: Deadline. 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

[[Page 317]]
119 STAT. 317

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. NOTE: 8 USC 1721 note. ENHANCEMENT OF COMMUNICATIONS
INTEGRATION AND INFORMATION SHARING ON BORDER SECURITY.

(a) NOTE: Deadline. 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

[[Page 318]]
119 STAT. 318

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 NOTE: Save Our Small and Seasonal Businesses Act of 2005. 8 USC
1101 note. 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) NOTE: 8 USC 1184 note. Effective Date.--
(1) NOTE: Termination date. 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) NOTE: Deadline. 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

[[Page 319]]
119 STAT. 319

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 NOTE: 8 USC 1356. is amended by striking
``H1-B and L''.

(c) NOTE: 8 USC 1184 note. 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

[[Page 320]]
119 STAT. 320

``(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) NOTE: 8 USC 1184 note. 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) NOTE: Deadline. 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) NOTE: Deadlines. Reports. 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--

[[Page 321]]
119 STAT. 321

``(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. NOTE: 8 USC 1184 note. EXEMPTION FROM ADMINISTRATIVE
PROCEDURE ACT.

The requirements of chapter 5 of title 5, United States Code
(commonly referred to as the ``Administrative Procedure Act'') or any
other law relating to rulemaking, information collection or publication
in the Federal Register, shall not apply to any action to implement
sections 402, 403, and 405 or the amendments made by such sections to
the extent the Secretary Homeland of Security, the Secretary of Labor,
or the Secretary of State determine that compliance with any such
requirement would impede the expeditious implementation of such sections
or the amendments made by such sections.

TITLE V--OTHER CHANGES TO PROVISIONS GOVERNING NONIMMIGRANT AND
IMMIGRANT VISAS

SEC. 501. RECIPROCAL VISAS FOR NATIONALS OF AUSTRALIA.

(a) In General.--Section 101(a)(15)(E) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended--
(1) by adding at the end ``or (iii) solely to perform
services in a specialty occupation in the United States if the
alien is a national of the Commonwealth of Australia and with
respect to whom the Secretary of Labor determines and certifies
to the Secretary of Homeland Security and the Secretary of State
that the intending employer has filed with the Secretary of
Labor an attestation under section 212(t)(1);''; and
(2) in clause (i), by striking ``or'' after ``national;''.

(b) Numerical Limitation to Any Single Foreign State.--Section
214(g) of such Act (8 U.S.C. 1184(g)), as amended by section 405, is
further amended by adding at the end the following new paragraph:
``(11)(A) The Secretary of State may not approve a number of initial
applications submitted for aliens described in section
101(a)(15)(E)(iii) that is more than the applicable numerical limitation
set out in this paragraph.

[[Page 322]]
119 STAT. 322

``(B) The applicable numerical limitation referred to in
subparagraph (A) is 10,500 for each fiscal year.
``(C) NOTE: Applicability. 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.

[[Page 323]]
119 STAT. 323

``(ii) Maximum.--The total number of visas made
available under paragraph (1) from unused visas from the
fiscal years 2001 through 2004 may not exceed 50,000.''.

Approved May 11, 2005.

LEGISLATIVE HISTORY--H.R. 1268:
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HOUSE REPORTS: Nos. 109-16 (Comm. on Appropriations) and 109-72 (Comm.
of Conference).
SENATE REPORTS: No. 109-52 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
Mar. 15, 16, considered and passed House.
Apr. 11-15, 18-21, considered and passed Senate, amended.
May 5, House agreed to conference report.
May 10, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
May 11, Presidential statement.