[Congressional Record Volume 151, Number 41 (Monday, April 11, 2005)]
[Senate]
[Pages S3368-S3398]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT, 2005

  The ACTING PRESIDENT pro tempore. Under the previous order, the hour 
of 3 p.m. having arrived, the Senate will proceed to the consideration 
of H.R. 1268, which the clerk will report.
  The legislative clerk read as follows:

       H.R. 1268, an act making emergency supplemental 
     appropriations for the fiscal year ending September 30, 2005, 
     to establish and rapidly implement regulations for States 
     driver's license and identification document security 
     standards, to prevent terrorists from abusing the asylum laws 
     of the United States, to unify terrorism-related grounds for 
     inadmissibility and removal, to ensure expeditious 
     construction of the San Diego border fence, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Appropriations, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                               H.R. 1268

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
     [That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the fiscal 
     year ending September 30, 2005, and for other purposes, 
     namely:

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

                [TITLE I--DEFENSE-RELATED APPROPRIATIONS

                               [CHAPTER 1

                         [DEPARTMENT OF DEFENSE

                    [DEPARTMENT OF DEFENSE--MILITARY

                          [MILITARY PERSONNEL

                       [Military Personnel, Army

       [For an additional amount for ``Military Personnel, Army'', 
     $11,779,642,000: Provided, That the amounts provided under 
     this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                       [Military Personnel, Navy

       [For an additional amount for ``Military Personnel, Navy'', 
     $534,080,000: Provided, That the amounts provided under this 
     heading are designated as an emergency requirement pursuant 
     to section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                   [Military Personnel, Marine Corps

       [For an additional amount for ``Military Personnel, Marine 
     Corps'', $1,251,726,000: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                     [Military Personnel, Air Force

       [For an additional amount for ``Military Personnel, Air 
     Force'', $1,473,472,000: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                        [Reserve Personnel, Army

       [For an additional amount for ``Reserve Personnel, Army'', 
     $40,327,000: Provided, That the amounts provided under this 
     heading are designated as an emergency requirement pursuant 
     to section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                        [Reserve Personnel, Navy

       [For an additional amount for ``Reserve Personnel, Navy'', 
     $11,111,000: Provided, That the amounts provided under this 
     heading are designated as an emergency requirement pursuant 
     to section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                    [Reserve Personnel, Marine Corps

       [For an additional amount for ``Reserve Personnel, Marine 
     Corps'', $4,115,000: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                     [Reserve Personnel, Air Force

       [For an additional amount for ``Reserve Personnel, Air 
     Force'', $130,000: Provided, That the amounts provided under 
     this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                    [National Guard Personnel, Army

       [For an additional amount for ``National Guard Personnel, 
     Army'', $430,300,000: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                  [National Guard Personnel, Air Force

       [For an additional amount for ``National Guard Personnel, 
     Air Force'', $91,000: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                       [OPERATION AND MAINTENANCE

                    [Operation and Maintenance, Army

       [For an additional amount for ``Operation and Maintenance, 
     Army'', $17,366,004,000: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                    [Operation and Maintenance, Navy

       [For an additional amount for ``Operation and Maintenance, 
     Navy'', $3,030,801,000: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                [Operation and Maintenance, Marine Corps

       [For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $982,464,000: Provided, That the amounts 
     provided under this heading are designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                 [Operation and Maintenance, Air Force

       [For an additional amount for ``Operation and Maintenance, 
     Air Force'', $5,769,450,000: Provided, That the amounts 
     provided under this heading are designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                [Operation and Maintenance, Defense-Wide

       [For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $3,061,300,000 (reduced by $1,000,000) 
     (increased by $1,000,000), of which--
       [(1) not to exceed $25,000,000 may be used for the 
     Combatant Commander Initiative Fund, to be used in support of 
     Operation Iraqi Freedom and Operation Enduring Freedom; and
       [(2) up to $1,220,000,000, to remain available until 
     expended, may be used for payments to reimburse Pakistan, 
     Jordan, and other key cooperating nations, for logistical, 
     military, and other support provided, or to be provided, to 
     United States military operations, notwithstanding any other 
     provision of law: Provided, That such payments may be made in 
     such amounts as the Secretary of Defense, with the 
     concurrence of the Secretary of State, and in consultation 
     with the Director of the Office of Management and Budget, may 
     determine, in his discretion, based on documentation 
     determined by the Secretary of Defense to adequately account 
     for the support provided, and such determination is final and 
     conclusive upon the accounting officers of the United States, 
     and 15 days following notification to the appropriate 
     congressional committees: Provided further, That the 
     Secretary of Defense shall provide quarterly reports to the 
     Committees on Appropriations on the use of funds provided in 
     this paragraph: Provided further, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                [Operation and Maintenance, Army Reserve

       [For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $8,154,000: Provided, That the amounts 
     provided under this heading are designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                [Operation and Maintenance, Navy Reserve

       [For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $75,164,000: Provided, That the amounts 
     provided under this heading are designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

            [Operation and Maintenance, Marine Corps Reserve

       [For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $24,920,000: Provided, That the 
     amounts provided under this heading are designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

            [Operation and Maintenance, Army National Guard

       [For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $188,779,000: Provided, That the 
     amounts provided under this heading are designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

            [Overseas Humanitarian, Disaster, and Civic Aid

       [For an additional amount for ``Overseas Humanitarian, 
     Disaster, and Civic Aid'',

[[Page S3369]]

     $10,000,000, to remain available until September 30, 2006: 
     Provided, That the amounts provided under this heading are 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                   [Afghanistan Security Forces Fund


                     [(including transfer of funds)

       [For the ``Afghanistan Security Forces Fund'', 
     $1,285,000,000, to remain available until September 30, 2006: 
     Provided, That such funds shall be available to the Secretary 
     of Defense, notwithstanding any other provision of law, for 
     the purpose of allowing the Commander, Combined Forces 
     Command-Afghanistan, or the Secretary's designee to provide 
     assistance, with the concurrence of the Secretary of State, 
     to the security forces of Afghanistan including the provision 
     of equipment, supplies, services, training, facility and 
     infrastructure repair, renovation, and construction, and 
     funding: Provided further, That the authority to provide 
     assistance under this section is in addition to any other 
     authority to provide assistance to foreign nations: Provided 
     further, That the Secretary of Defense may transfer the funds 
     provided herein to appropriations for military personnel; 
     operation and maintenance; Overseas Humanitarian, Disaster, 
     and Civic Aid; procurement; research, development, test and 
     evaluation; and defense working capital funds to accomplish 
     the purposes provided herein: Provided further, That this 
     transfer authority is in addition to any other transfer 
     authority available to the Department of Defense: Provided 
     further, That upon a determination that all or part of the 
     funds so transferred from this appropriation are not 
     necessary for the purposes provided herein, such amounts may 
     be transferred back to this appropriation: Provided further, 
     That contributions of funds for the purposes provided herein 
     from any person, foreign government, or international 
     organization may be credited to this Fund, and used for such 
     purposes: Provided further, That the Secretary of Defense 
     shall, not fewer than 5 days prior to making transfers from 
     this appropriation, notify the congressional defense 
     committees in writing of the details of any such transfer: 
     Provided further, That the Secretary shall submit a report no 
     later than 30 days after the end of each fiscal quarter to 
     the congressional defense committees summarizing the details 
     of the transfer of funds from this appropriation: Provided 
     further, That the amounts provided under this heading are 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                       [Iraq Security Forces Fund


                     [(including transfer of funds)

       [For the ``Iraq Security Forces Fund'', $5,700,000,000, to 
     remain available until September 30, 2006: Provided, That 
     such funds shall be available to the Secretary of Defense, 
     notwithstanding any other provision of law, for the purpose 
     of allowing the Commander, Multi-National Security Transition 
     Command--Iraq, or the Secretary's designee to provide 
     assistance, with the concurrence of the Secretary of State, 
     to the security forces of Iraq including the provision of 
     equipment, supplies, services, training, facility and 
     infrastructure repair, renovation, and construction, and 
     funding: Provided further, That the authority to provide 
     assistance under this section is in addition to any other 
     authority to provide assistance to foreign nations: Provided 
     further, That the Secretary of Defense may transfer the funds 
     provided herein to appropriations for military personnel; 
     operation and maintenance; Overseas Humanitarian, Disaster, 
     and Civic Aid; procurement; research, development, test and 
     evaluation; and defense working capital funds to accomplish 
     the purposes provided herein: Provided further, That this 
     transfer authority is in addition to any other transfer 
     authority available to the Department of Defense: Provided 
     further, That upon a determination that all or part of the 
     funds so transferred from this appropriation are not 
     necessary for the purposes provided herein, such amounts may 
     be transferred back to this appropriation: Provided further, 
     That contributions of funds for the purposes provided herein 
     from any person, foreign government, or international 
     organization may be credited to this Fund, and used for such 
     purposes: Provided further, That, notwithstanding any other 
     provision of law, from funds made available under this 
     heading, up to $99,000,000 may be used to provide assistance 
     to the Government of Jordan to establish a regional training 
     center designed to provide comprehensive training programs 
     for regional military and security forces and military and 
     civilian officials, to enhance the capability of such forces 
     and officials to respond to existing and emerging security 
     threats in the region: Provided further, That assistance 
     authorized by the preceding proviso may include the provision 
     of facilities, equipment, supplies, services, training and 
     funding, and the Secretary of Defense may transfer funds to 
     any Federal agency for the purpose of providing such 
     assistance: Provided further, That the Secretary of Defense 
     shall, not fewer than 5 days prior to making transfers from 
     this appropriation, notify the congressional defense 
     committees in writing of the details of any such transfer: 
     Provided further, That the Secretary shall submit a report no 
     later than 30 days after the end of each fiscal quarter to 
     the congressional defense committees summarizing the details 
     of the transfer of funds from this appropriation: Provided 
     further, That the amounts provided under this heading are 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                              [PROCUREMENT

                      [Aircraft Procurement, Army

       [For an additional amount for ``Aircraft Procurement, 
     Army'', $458,677,000, to remain available until September 30, 
     2007: Provided, That the amounts provided under this heading 
     are designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                       [Missile Procurement, Army

       [For an additional amount for ``Missile Procurement, 
     Army'', $340,536,000, to remain available until September 30, 
     2007: Provided, That the amounts provided under this heading 
     are designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

       [Procurement of Weapons and Tracked Combat Vehicles, Army

       [For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $2,678,747,000, to remain 
     available until September 30, 2007: Provided, That the 
     amounts provided under this heading are designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                    [Procurement of Ammunition, Army

       [For an additional amount for ``Procurement of Ammunition, 
     Army'', $532,800,000, to remain available until September 30, 
     2007: Provided, That the amounts provided under this heading 
     are designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                        [Other Procurement, Army


                     [(including transfer of funds)

       [For an additional amount for ``Other Procurement, Army'', 
     $6,634,905,000, to remain available until September 30, 2007, 
     of which $85,000,000 shall be derived by transfer from ``Iraq 
     Freedom Fund'': Provided, That the amounts provided under 
     this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                      [Aircraft Procurement, Navy

       [For an additional amount for ``Aircraft Procurement, 
     Navy'', $200,295,000, to remain available until September 30, 
     2007: Provided, That the amounts provided under this heading 
     are designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                       [Weapons Procurement, Navy

       [For an additional amount for ``Weapons Procurement, 
     Navy'', $71,600,000, to remain available until September 30, 
     2007: Provided, That the amounts provided under this heading 
     are designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

           [Procurement of Ammunition, Navy and Marine Corps

       [For an additional amount for ``Procurement of Ammunition, 
     Navy and Marine Corps'', $141,735,000, to remain available 
     until September 30, 2007: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                        [Other Procurement, Navy

       [For an additional amount for ``Other Procurement, Navy'', 
     $78,372,000, to remain available until September 30, 2007: 
     Provided, That the amounts provided under this heading are 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                       [Procurement, Marine Corps

       [For an additional amount for ``Procurement, Marine 
     Corps'', $3,588,495,000, to remain available until September 
     30, 2007: Provided, That the amounts provided under this 
     heading are designated as an emergency requirement pursuant 
     to section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                    [Aircraft Procurement, Air Force

       [For an additional amount for ``Aircraft Procurement, Air 
     Force'', $279,241,000, to remain available until September 
     30, 2007: Provided, That the amounts provided under this 
     heading are designated as an emergency requirement pursuant 
     to section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                 [Procurement of Ammunition, Air Force

       [For an additional amount for ``Procurement of Ammunition, 
     Air Force'', $6,998,000, to remain available until September 
     30, 2007: Provided, That the amounts provided under this 
     heading are designated as an emergency requirement pursuant 
     to section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                     [Other Procurement, Air Force

       [For an additional amount for ``Other Procurement, Air 
     Force'', $2,658,527,000, to remain available until September 
     30, 2007: Provided, That the amounts provided under this

[[Page S3370]]

     heading are designated as an emergency requirement pursuant 
     to section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                       [Procurement, Defense-Wide

       [For an additional amount for ``Procurement, Defense-
     Wide'', $646,327,000, to remain available until September 30, 
     2007: Provided, That the amounts provided under this heading 
     are designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

              [RESEARCH, DEVELOPMENT, TEST AND EVALUATION

           [Research, Development, Test and Evaluation, Army

       [For an additional amount for ``Research, Development, Test 
     and Evaluation, Army'', $25,170,000, to remain available 
     until September 30, 2006: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

           [Research, Development, Test, and Evaluation, Navy

       [For an additional amount for ``Research, Development, 
     Test, and Evaluation, Navy'', $202,051,000, to remain 
     available until September 30, 2006: Provided, That the 
     amounts provided under this heading are designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

         [Research, Development, Test and Evaluation, Air Force

       [For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $121,500,000, to remain 
     available until September 30, 2006: Provided, That the 
     amounts provided under this heading are designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

       [Research, Development, Test and Evaluation, Defense-Wide

       [For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $159,600,000, to remain 
     available until September 30, 2006: Provided, That the 
     amounts provided under this heading are designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                    [REVOLVING AND MANAGEMENT FUNDS

                     [Defense Working Capital Funds

       [For an additional amount for ``Defense Working Capital 
     Funds'', $1,411,300,000: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                     [National Defense Sealift Fund

       [For an additional amount for ``National Defense Sealift 
     Fund'', $32,400,000, to remain available until expended: 
     Provided, That the amounts provided under this heading are 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                 [OTHER DEPARTMENT OF DEFENSE PROGRAMS

        [Drug Interdiction and Counter-Drug Activities, Defense


                     [(including transfer of funds)

       [For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $257,000,000, to remain 
     available until December 31, 2005: Provided, That these funds 
     may be used for such activities related to Afghanistan and 
     the Central Asia area: Provided further, That the Secretary 
     of Defense may transfer the funds provided herein only to 
     appropriations for military personnel; operation and 
     maintenance; procurement; and research, development, test and 
     evaluation: Provided further, That the funds transferred 
     shall be merged with and be available for the same purposes 
     and for the same time period as the appropriation to which 
     transferred: Provided further, That the transfer authority 
     provided in this paragraph is in addition to any other 
     transfer authority available to the Department of Defense: 
     Provided further, That upon a determination that all or part 
     of the funds transferred from this appropriation are not 
     necessary for the purposes provided herein, such amounts may 
     be transferred back to this appropriation: Provided further, 
     That not to exceed $70,000,000 of the funds provided herein 
     may be used to reimburse fully this account for obligations 
     incurred for the purposes provided under this heading prior 
     to enactment of this Act: Provided further, That the amounts 
     provided under this heading are designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                    [Office of the Inspector General

       [For an additional amount for ``Office of the Inspector 
     General'', $148,000: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                           [RELATED AGENCIES

               [Intelligence Community Management Account

       [For an additional amount for ``Intelligence Community 
     Management Account'', $250,300,000, of which $181,000,000 is 
     to remain available until September 30, 2006: Provided, That 
     the amounts provided under this heading are designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                   [GENERAL PROVISIONS--THIS CHAPTER


                          [(Transfer of Funds)

       [Sec. 1101. Upon his determination that such action is 
     necessary in the national interest, the Secretary of Defense 
     may transfer between appropriations up to $2,000,000,000 of 
     the funds made available to the Department of Defense in this 
     chapter: Provided, That the Secretary shall notify the 
     Congress promptly of each transfer made pursuant to this 
     authority: Provided further, That the transfer authority 
     provided in this section is in addition to any other transfer 
     authority available to the Department of Defense: Provided 
     further, That the authority in this section is subject to the 
     same terms and conditions as the authority provided in 
     section 8005 of the Department of Defense Appropriations Act, 
     2005, except for the fourth proviso: Provided further, That 
     the amounts made available by the transfer of funds in or 
     pursuant to this section are designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).
       [Sec. 1102. Section 8005 of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 969), 
     is amended by striking ``$3,500,000,000'' and inserting 
     ``$5,500,000,000'': Provided, That the amounts made available 
     by the transfer of funds in or pursuant to this section are 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).


                          [(Transfer of Funds)

       [Sec. 1103. During fiscal year 2005, the Secretary of 
     Defense may transfer amounts in or credited to the Defense 
     Cooperation Account, pursuant to section 2608 of title 10, 
     United States Code, to such appropriations or funds of the 
     Department of Defense as he shall determine for use 
     consistent with the purposes for which such funds were 
     contributed and accepted: Provided, That such amounts shall 
     be available for the same time period as the appropriation to 
     which transferred: Provided further, That the Secretary shall 
     report to the Congress all transfers made pursuant to this 
     authority: Provided further, That the amounts provided under 
     this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).
       [Sec. 1104. (a) Authority To Provide Support.--Of the 
     amount appropriated by this Act under the heading, ``Drug 
     Interdiction and Counter-Drug Activities, Defense'', not to 
     exceed $34,000,000 may be made available for support for 
     counter-drug activities of the Government of Afghanistan, and 
     not to exceed $4,000,000 may be made available for support 
     for counter-drug activities of the Government of Pakistan: 
     Provided, That such support shall be in addition to support 
     provided for the counter-drug activities of said Governments 
     under any other provision of the law.
       [(b) Types of Support.--(1) Except as specified in 
     subsections (b)(2) and (b)(3) of this section, the support 
     that may be provided under the authority in this section 
     shall be limited to the types of support specified in section 
     1033(c)(1) of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85, as amended by Public Law 
     106-398 and Public Law 108-136) and conditions on the 
     provision of support as contained in section 1033 shall apply 
     for fiscal year 2005.
       [(2) The Secretary of Defense may transfer vehicles, 
     aircraft, and detection, interception, monitoring and testing 
     equipment to said Governments for counter-drug activities.
       [(3) For the Government of Afghanistan, the Secretary of 
     Defense may also provide individual and crew-served weapons, 
     and ammunition for counter-drug security forces.
       [Sec. 1105. The paragraph under the heading ``Operation and 
     Maintenance, Defense-Wide'' in title II of the Department of 
     Defense Appropriations Act, 2005 (Public Law 108-287; 118 
     Stat. 954), is amended in the first proviso by striking 
     ``$32,000,000'' and inserting ``$40,000,000''.
       [Sec. 1106. For fiscal year 2005, the limitation under 
     paragraph (3) of section 2208(l) of title 10, United States 
     Code, on the total amount of advance billings rendered or 
     imposed for all working capital funds of the Department of 
     Defense in a fiscal year shall be applied by substituting 
     ``$1,500,000,000'' for ``$1,000,000,000''.
       [Sec. 1107. Section 1201(a) of the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005 
     (Public Law 108-375; 118 Stat. 2077), as amended by section 
     102 of title I of division J of the Consolidated 
     Appropriations Act, 2005 (Public Law 108-447), is further 
     amended by striking ``$500,000,000'' in the matter preceding 
     paragraph (1) and inserting ``$854,000,000''.
       [Sec. 1108. Section 8090(b) of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287), is amended by 
     striking ``$185,000,000'' and inserting ``$210,000,000''.
       [Sec. 1109. (a) During calendar year 2005 and 
     notwithstanding section 5547 of title 5, United States Code, 
     the head of an Executive agency may waive the limitation, up 
     to

[[Page S3371]]

     $200,000, established in that section for total compensation, 
     including limitations on the aggregate of basic pay and 
     premium pay payable in a calendar year, to an employee who 
     performs work while in an overseas location that is in the 
     area of responsibility of the Commander of the U.S. Central 
     Command, in support of, or related to--
       [(1) a military operation, including a contingency 
     operation; or
       [(2) an operation in response to a declared emergency.
       [(b) To the extent that a waiver under subsection (a) 
     results in payment of additional premium pay of a type that 
     is normally creditable as basic pay for retirement or any 
     other purpose, such additional pay shall not be considered to 
     be basic pay for any purpose, nor shall it be used in 
     computing a lump-sum payment for accumulated and accrued 
     annual leave under section 5551 of title 5, United States 
     Code.
       [(c) The Director of the Office of Personnel Management may 
     issue regulations to ensure appropriate consistency among 
     heads of executive agencies in the exercise of authority 
     granted by this section.
       [Sec. 1110. Section 1096(b) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458) is 
     amended--
       [(1) in the matter preceding paragraph (1), by striking 
     ``in the fiscal year after the effective date of this Act'' 
     and inserting ``during fiscal years 2005 and 2006''; and
       [(2) in paragraph (1), by striking ``500 new personnel 
     billets'' and inserting ``a total of 500 new personnel 
     positions''.
       [Sec. 1111. Section 1051a(e) of title 10, United States 
     Code, is amended by striking ``September 30, 2005'' and 
     inserting ``December 31, 2005''.
       [Sec. 1112. Notwithstanding subsection (c) of section 308e 
     of title 37, United States Code, the maximum amount of the 
     bonus paid to a member of the Armed Forces pursuant to a 
     reserve affiliation agreement entered into under such section 
     during fiscal year 2005 shall not exceed $10,000, and the 
     Secretary of Defense, and the Secretary of Homeland Security 
     with respect to the Coast Guard, may prescribe regulations 
     under subsection (f) of such section to modify the method by 
     which bonus payments are made under reserve affiliation 
     agreements entered into during such fiscal year.
       [Sec. 1113. (a) Increase in SGLI Maximum.--Section 1967 of 
     title 38, United States Code, is amended--
       [(1) in subsection (a)(3)(A)(i), by striking ``$250,000'' 
     and inserting ``$400,000 or such lesser amount as the member 
     may elect in increments of $50,000'';
       [(2) in subsection (a)(3)(B), by striking ``member or 
     spouse'' in the last sentence and inserting ``member, be 
     evenly divisible by $50,000 and, in the case of a member's 
     spouse''; and
       [(3) in subsection (d), by striking ``of $250,000'' and 
     inserting ``in effect under subsection (a)(3)(A)(i)''.
       [(b) Spouse Consent and Beneficiary Notification.--Section 
     1967(a)(3)(B) of such title is amended--
       [(1) by inserting ``(i)'' after ``(B)''; and
       [(2) by adding at the end the following new clauses:
       [``(ii) A member who is married may not, without the 
     written concurrence of the member's spouse--

       [``(I) elect not to be insured under this subchapter or to 
     be insured under this subchapter in an amount less than the 
     maximum amount provided for under subparagraph (A)(i); or
       [``(II) designate any other person as a beneficiary under 
     this program.

       [``(iii) Whenever a member who is not married elects not to 
     be insured under this subchapter or to be insured under this 
     subchapter in an amount less than the maximum amount provided 
     for under subparagraph (A)(i), the Secretary concerned shall 
     provide a notice of such election to any person designated by 
     the member as a beneficiary or designated as the member's 
     next-of-kin for the purpose of emergency notification, as 
     determined under regulations prescribed by the Secretary of 
     Defense.''.
       [(c) Limitation on Spouse Coverage to Amount of Member 
     Coverage.--Section 1967(a)(3)(C) of such title is amended by 
     inserting before the period at the end the following: ``as 
     applicable to such member under subparagraph (A)(i)''.
       [(d) Conforming Amendments to VGLI Provisions.--Section 
     1977 of such title is amended by striking ``$250,000'' each 
     place it appears and inserting ``$400,000''.
       [(e) Military Death Gratuity.--Section 1478 of title 10, 
     United States Code, is amended--
       [(1) in subsection (a), by striking ``$12,000 (as adjusted 
     under subsection (c))'' and inserting ``$100,000''; and
       [(2) by striking subsection (c).
       [(f) Effective Date.--The amendments made by this section 
     shall apply with respect to deaths occurring on or after the 
     date of the enactment of this Act.
       [Sec. 1114. (a) Special Death Gratuity for Certain Prior 
     Deaths in Service.--In the case of the death of a member of 
     the uniformed services that is a qualifying death (as 
     specified in subsection (b)), the Secretary concerned shall 
     pay a death gratuity of not more than $238,000. Of that 
     amount--
       [(1) $150,000 shall be paid in the manner specified in 
     subsection (c); and
       [(2) $88,000 shall be paid in the manner specified in 
     subsection (d).
       [(b) Qualifying Deaths.--The death of a member of the 
     uniformed services is a qualifying death for purpose of this 
     section if--
       [(1) the member died during the period beginning on October 
     7, 2001, and ending on the day before the date of the 
     enactment of this Act;
       [(2) for the purpose of section 1114(a)(2), the death was a 
     direct result of an injury or illness (or combination of one 
     or more injuries or illness) incurred in Operation Enduring 
     Freedom or Operation Iraqi Freedom, as determined under 
     regulations prescribed by the Secretary of Defense; and
       [(3) for the purpose of section 1114(a)(1), the death was a 
     direct result of an injury or illness (or combination of one 
     or more injuries or illness) incurred by any active duty 
     military member in the performance of duty.
       [(c) SGLI Beneficiaries.--A payment pursuant to subsection 
     (a)(1) by reason of a covered death shall be paid--
       [(1) to a beneficiary in proportion to the share of 
     benefits applicable to such beneficiary in the payment of 
     life insurance proceeds paid on the basis of that death under 
     the Servicemembers Group Life Insurance program under 
     subchapter III of chapter 19 of title 38, United States Code; 
     or
       [(2) in the case of a member who elected not to be insured 
     under the provisions of that subchapter, in equal shares to 
     the person or persons who would have received proceeds under 
     those provisions of law for a member who is insured under 
     that subchapter but does not designate named beneficiaries.
       [(d) Military Death Gratuity Beneficiaries.--A payment 
     pursuant to subsection (a)(2) by reason of a covered death 
     shall be paid equal shares to the beneficiaries who were paid 
     the death gratuity that was paid with respect to that death 
     under subchapter II of chapter 75 of title 10, United States 
     Code.
       [(e) Status of Payments.--A death gratuity payable under 
     this section by reason of a qualifying death is in addition 
     to any other death gratuity or other benefit payable by the 
     United States by reason of that death.
       [(f) Definition.--For the purposes of this section, the 
     term ``Secretary concerned'' has the meaning given that term 
     in section 101 of title 37, United States Code.''.
       [Sec. 1115. Funds appropriated in this chapter, or made 
     available by transfer of funds in or pursuant to this 
     chapter, for intelligence activities are deemed to be 
     specifically authorized by the Congress for purposes of 
     section 504 of the National Security Act of 1947 (50 U.S.C. 
     414).
       [Sec. 1116. None of the funds provided in this chapter may 
     be used to finance programs or activities denied by Congress 
     in fiscal year 2004 and 2005 appropriations to the Department 
     of Defense or to initiate a procurement or research, 
     development, test and evaluation new start program without 
     prior written notification to the congressional defense 
     committees.

                               [CHAPTER 2

                         [DEPARTMENT OF DEFENSE

                      [Military Construction, Army

       [For an additional amount for ``Military Construction, 
     Army'', $930,100,000, to remain available until September 30, 
     2006: Provided, That $669,100,000 of such additional amount 
     may not be obligated until after that date on which the 
     Secretary of Defense submits to the Committees on 
     Appropriations of the House of Representatives and Senate the 
     comprehensive master plans for overseas military 
     infrastructure required by House Report 108-342: Provided 
     further, That notwithstanding any other provision of law, 
     such funds may be obligated or expended to carry out planning 
     and design and military construction projects not otherwise 
     authorized by law: Provided further, That the amounts 
     provided under this heading are designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

             [Military Construction, Navy and Marine Corps

       [For an additional amount for ``Military Construction, Navy 
     and Marine Corps'', $92,720,000, to remain available until 
     September 30, 2006: Provided, That $32,380,000 of such 
     additional amount may not be obligated until after that date 
     on which the Secretary of Defense submits to the Committees 
     on Appropriations of the House of Representatives and Senate 
     the comprehensive master plans for overseas military 
     infrastructure required by House Report 108-342: Provided 
     further, That notwithstanding any other provision of law, 
     such funds may be obligated or expended to carry out planning 
     and design and military construction projects not otherwise 
     authorized by law: Provided further, That the amounts 
     provided under this heading are designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                   [Military Construction, Air Force

       [For an additional amount for ``Military Construction, Air 
     Force'', $301,386,000, to remain available until September 
     30, 2006: Provided, That $301,386,000 of such additional 
     amount may not be obligated until after that date on which 
     the Secretary of Defense submits to the Committees on 
     Appropriations of the House of Representatives and Senate the 
     comprehensive master plans for overseas military 
     infrastructure required by House Report 108-342: Provided 
     further, That notwithstanding any other provision of law, 
     such funds may be obligated or expended to carry out planning 
     and design and military construction projects not otherwise 
     authorized by law: Provided further, That the

[[Page S3372]]

     amounts provided under this heading are designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                       [Military Personnel, Army

       [For an additional amount for ``Military Personnel, Army'', 
     $1,542,100,000: Provided, That the amounts provided under 
     this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                    [Operation and Maintenance, Army

       [For an additional amount for ``Operation and Maintenance, 
     Army'', $66,300,000: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                        [Defense Health Program

       [For an additional amount for ``Defense Health Program'', 
     $175,550,000 for operation and maintenance: Provided, That 
     the amounts provided under this heading are designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

[TITLE II--INTERNATIONAL PROGRAMS AND ASSISTANCE FOR RECONSTRUCTION AND 
                           THE WAR ON TERROR

                               [CHAPTER 1

                     [BILATERAL ECONOMIC ASSISTANCE

                  [FUNDS APPROPRIATED TO THE PRESIDENT

          [UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

             [International Disaster and Famine Assistance

       [For an additional amount for ``International Disaster and 
     Famine Assistance'', $44,000,000 (increased by $50,000,000), 
     to remain available until expended, for emergency expenses 
     related to the humanitarian crisis in the Darfur region of 
     Sudan: Provided, That the amounts provided under this heading 
     are designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

   [Operating Expenses of the United States Agency for International 
                              Development

       [For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development'', 
     $24,400,000, to remain available until September 30, 2006.

   [Operating Expenses of the United States Agency for International 
                              Development

                      [Office of Inspector General

       [For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development Office of 
     Inspector General'', $2,500,000, to remain available until 
     September 30, 2006.

                  [OTHER BILATERAL ECONOMIC ASSISTANCE

                         [Economic Support Fund

       [For an additional amount for ``Economic Support Fund'', 
     $684,700,000 (reduced by $3,000,000), to remain available 
     until September 30, 2006, of which up to $200,000,000 may be 
     provided for programs, activities, and efforts to support 
     Palestinians.
       [For an additional amount for ``Economic Support Fund'', 
     $376,500,000, to remain available until September 30, 2006: 
     Provided, That these funds are hereby designated by Congress 
     to be emergency requirements pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

   [Assistance for the Independent States of the Former Soviet Union

       [For an additional amount for ``Assistance for the 
     Independent States of the Former Soviet Union'' for 
     assistance for Ukraine, $33,700,000, to remain available 
     until September 30, 2006.

                          [DEPARTMENT OF STATE

          [International Narcotics Control and Law Enforcement


                     [(Including Transfer of Funds)

       [For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $594,000,000, to remain 
     available until September 30, 2007, of which not more than 
     $400,000,000 may be made available to provide assistance to 
     the Afghan police: Provided, That the amounts provided under 
     this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                   [Migration and Refugee Assistance

       [For an additional amount for ``Migration and Refugee 
     Assistance'', $53,400,000 (increased by $50,000,000), to 
     remain available until September 30, 2006: Provided, That the 
     amounts provided under this heading are designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

    [Nonproliferation, Anti-Terrorism, Demining and Related Programs

       [For an additional amount for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'', $17,100,000, to 
     remain available until September 30, 2006: Provided, That the 
     amounts provided under this heading are designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                          [MILITARY ASSISTANCE

                  [FUNDS APPROPRIATED TO THE PRESIDENT

                  [Foreign Military Financing Program

       [For an additional amount for the ``Foreign Military 
     Financing Program'', $250,000,000.

                        [Peacekeeping Operations

       [For an additional amount for ``Peacekeeping Operations'', 
     $10,000,000, to remain available until September 30, 2006: 
     Provided, That the amounts provided under this heading are 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                   [GENERAL PROVISIONS--THIS CHAPTER

       [Sec. 2101. Section 307(a) of the Foreign Assistance Act of 
     1961 is amended by striking ``Iraq,''.


                             [(Rescission)

       [Sec. 2102. The unexpended balance appropriated by Public 
     Law 108-11 under the heading ``Economic Support Fund'' and 
     made available for Turkey is rescinded.
       [Sec. 2103. Section 559 of division D of Public Law 108-447 
     is amended by adding at the end the following:
       [``(e) Subsequent to the certification specified in 
     subsection (a), the Comptroller General of the United States 
     shall conduct an audit and an investigation of the treatment, 
     handling, and uses of all funds for the bilateral West Bank 
     and Gaza Program in fiscal year 2005 under the heading 
     `Economic Support Fund'. The audit shall address--
       [``(1) the extent to which such Program complies with the 
     requirements of subsections (b) and (c), and
       [``(2) an examination of all programs, projects, and 
     activities carried out under such Program, including both 
     obligations and expenditures.''.
       [Sec. 2104. The Secretary of State shall submit to the 
     Committees on Appropriations not later than 30 days after 
     enactment, and prior to the initial obligation of funds 
     appropriated under this chapter, a report on the proposed 
     uses of all funds on a project-by-project basis, for which 
     the obligation of funds is anticipated: Provided, That up to 
     10 percent of funds appropriated under this chapter may be 
     obligated before the submission of the report subject to the 
     normal notification procedures of the Committees on 
     Appropriations: Provided further, That the report shall be 
     updated and submitted to the Committees on Appropriations 
     every six months and shall include information detailing how 
     the estimates and assumptions contained in previous reports 
     have changed: Provided further, That any new projects and 
     increases in funding of ongoing projects shall be subject to 
     the prior approval of the Committees on Appropriations: 
     Provided further, That the Secretary of State shall submit to 
     the Committees on Appropriations, not later than 210 days 
     following enactment of this Act and annually thereafter, a 
     report detailing on a project-by-project basis the 
     expenditure of funds appropriated under this chapter until 
     all funds have been fully expended.
       [Sec. 2105. The Comptroller General of the United States 
     shall conduct an audit of the use of all funds for the 
     bilateral Afghanistan counternarcotics and alternative 
     livelihood programs in fiscal year 2005 under the heading 
     ``Economic Support Fund'' and ``International Narcotics 
     Control and Law Enforcement'': Provided, That the audit shall 
     include an examination of all programs, projects and 
     activities carried out under such programs, including both 
     obligations and expenditures.
       [Sec. 2106. No later than 60 days after the date of 
     enactment of this Act, the President shall submit a report to 
     the Congress detailing--
       [(1) information regarding the Palestinian security 
     services, including their numbers, accountability, and chains 
     of command, and steps taken to purge from their ranks 
     individuals with ties to terrorist entities;
       [(2) specific steps taken by the Palestinian Authority to 
     dismantle the terrorist infrastructure, confiscate 
     unauthorized weapons, arrest and bring terrorists to justice, 
     destroy unauthorized arms factories, thwart and preempt 
     terrorist attacks, and cooperate with Israel's security 
     services;
       [(3) specific actions taken by the Palestinian Authority to 
     stop incitement in Palestinian Authority-controlled 
     electronic and print media and in schools, mosques, and other 
     institutions it controls, and to promote peace and 
     coexistence with Israel;
       [(4) specific steps the Palestinian Authority has taken to 
     ensure democracy, the rule of law, and an independent 
     judiciary, and transparent and accountable governance;
       [(5) the Palestinian Authority's cooperation with United 
     States officials in their investigations into the late 
     Palestinian leader Yasser Arafat's finances; and
       [(6) the amount of assistance pledged and actually provided 
     to the Palestinian Authority by other donors:

     [Provided, That not later than 180 days after enactment of 
     this Act, the President shall submit to the Congress an 
     update of this report: Provided further, That up to 
     $5,000,000 of the funds made available for assistance to the 
     West Bank and Gaza by this title under ``Economic Support 
     Fund'' shall be used for an outside, independent evaluation 
     by an internationally recognized accounting firm of the 
     transparency and accountability of Palestinian Authority 
     accounting procedures and an audit of expenditures by the 
     Palestinian Authority: Provided further, That the

[[Page S3373]]

     waiver authority of section 550(b) of the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     2005 (Public Law 108-447) may not be exercised with respect 
     to funds appropriated for assistance to the Palestinians 
     under this chapter: Provided further, That the waiver 
     detailed in Presidential Determination 2005-10 issued on 
     December 8, 2004, shall not be extended to funds appropriated 
     under this chapter.

                               [CHAPTER 2

                [DEPARTMENT OF STATE AND RELATED AGENCY

                          [DEPARTMENT OF STATE

                   [Administration of Foreign Affairs

                   [Diplomatic and Consular Programs

       [For an additional amount for ``Diplomatic and Consular 
     Programs'', $748,500,000, to remain available until September 
     30, 2006: Provided, That the amounts provided under this 
     heading are designated as an emergency requirement pursuant 
     to section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

            [Embassy Security, Construction, and Maintenance

       [For an additional amount for ``Embassy Security, 
     Construction, and Maintenance'', $592,000,000, to remain 
     available until expended: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                      [International Organizations

        [Contributions for International Peacekeeping Activities


                     [(Including Transfer of Funds)

       [For an additional amount for ``Contributions for 
     International Peacekeeping Activities'', $580,000,000, to 
     remain available until September 30, 2006: Provided, That the 
     amounts provided under this heading are designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress): Provided further, That up to $55,000,000 provided 
     under this heading may be transferred to ``Peacekeeping 
     Operations'', to be available for costs of establishing and 
     operating a Sudan war crimes tribunal.

                            [RELATED AGENCY

                    [Broadcasting Board of Governors

                 [International Broadcasting Operations

       [For an additional amount for ``International Broadcasting 
     Operations'' for activities related to broadcasting to the 
     broader Middle East, $4,800,000, to remain available until 
     September 30, 2006: Provided, That the amounts provided under 
     this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                               [CHAPTER 3

                       [DEPARTMENT OF AGRICULTURE

                     [Foreign Agricultural Service

                    [Public Law 480 Title II Grants

       [For an additional amount for ``Public Law 480 Title II 
     Grants'', $150,000,000, to remain available until expended: 
     Provided, That the amounts provided under this heading are 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

       [TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON TERROR

                               [CHAPTER 1

                         [DEPARTMENT OF ENERGY

               [NATIONAL NUCLEAR SECURITY ADMINISTRATION

                   [Defense Nuclear Nonproliferation

       [For an additional amount for ``Defense Nuclear 
     Nonproliferation'', $110,000,000, to remain available until 
     expended: Provided, That the amounts provided under this 
     heading are designated as an emergency requirement pursuant 
     to section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                               [CHAPTER 2

                    [DEPARTMENT OF HOMELAND SECURITY

                       [UNITED STATES COAST GUARD

                          [Operating Expenses

       [For an additional amount for ``Operating Expenses'', 
     $111,950,000: Provided, That the amounts provided under this 
     heading are designated as an emergency requirement pursuant 
     to section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

              [Acquisition, Construction, and Improvements

       [For an additional amount for ``Acquisition, Construction, 
     and Improvements'', $49,200,000, to remain available until 
     September 30, 2007: Provided, That the amounts provided under 
     this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                               [CHAPTER 3

                         [DEPARTMENT OF JUSTICE

                    [Federal Bureau of Investigation

                         [Salaries and Expenses

       [For an additional amount for ``Salaries and Expenses'', 
     $78,970,000: Provided, That the amounts provided under this 
     heading are designated as an emergency requirement pursuant 
     to section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                    [Drug Enforcement Administration

                         [Salaries and Expenses

       [For an additional amount for ``Salaries and Expenses,'' 
     $7,648,000: Provided, That the amounts provided under this 
     heading are designated as an emergency requirement pursuant 
     to section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                 [TITLE IV--INDIAN OCEAN TSUNAMI RELIEF

                               [CHAPTER 1

                  [FUNDS APPROPRIATED TO THE PRESIDENT

                      [OTHER BILATERAL ASSISTANCE

               [Tsunami Recovery and Reconstruction Fund


                    [(including transfers of funds)

       [For necessary expenses to carry out the Foreign Assistance 
     Act of 1961, for emergency relief, rehabilitation, and 
     reconstruction aid to countries affected by the tsunami and 
     earthquakes of December 2004, and for other purposes, 
     $656,000,000 (increased by $3,000,000), to remain available 
     until September 30, 2006: Provided, That these funds may be 
     transferred by the Secretary of State to any Federal agency 
     or account for any activity authorized under part I 
     (including chapter 4 of part II) of the Foreign Assistance 
     Act, or under the Agricultural Trade Development and 
     Assistance Act of 1954, to accomplish the purposes provided 
     herein: Provided further, That upon a determination that all 
     or part of the funds so transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation: 
     Provided further, That funds appropriated under this heading 
     may be used to reimburse fully accounts administered by the 
     United States Agency for International Development for 
     obligations incurred for the purposes provided under this 
     heading prior to enactment of this Act, including Public Law 
     480 Title II grants: Provided further, That the amounts 
     provided under this heading are designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress): Provided 
     further, That of the amounts provided herein: up to 
     $10,000,000 may be transferred to and consolidated with the 
     Development Credit Authority for the cost of direct loans and 
     loan guarantees as authorized by sections 256 and 635 of the 
     Foreign Assistance Act of 1961 in furtherance of the purposes 
     of this heading; up to $15,000,000 may be transferred to and 
     consolidated with ``Operating Expenses of the United States 
     Agency for International Development'', of which up to 
     $2,000,000 may be used for administrative expenses to carry 
     out credit programs administered by the United States Agency 
     for International Development in furtherance of the purposes 
     of this heading; up to $500,000 may be transferred to and 
     consolidated with ``Operating Expenses of the United States 
     Agency for International Development, Office of Inspector 
     General''; and up to $5,000,000 may be transferred to and 
     consolidated with ``Administration of Foreign Affairs 
     Emergencies in the Diplomatic and Consular Service'' for the 
     purpose of providing support services for U.S. citizen 
     victims and related operations.

                           [GENERAL PROVISION

       [Sec. 4101. Amounts made available pursuant to section 
     492(b) of the Foreign Assistance Act of 1961 to address 
     relief and rehabilitation needs for countries affected by the 
     tsunami and earthquake of December 2004, prior to the 
     enactment of this Act, shall be in addition to the amount 
     that may be obligated in fiscal year 2005 under that section.
       [Sec. 4102. The Secretary of State shall submit to the 
     Committees on Appropriations not later than 30 days after 
     enactment, and prior to the initial obligation of funds 
     appropriated under this chapter, a report on the proposed 
     uses of all funds on a project-by-project basis, for which 
     the obligation of funds is anticipated: Provided, That up to 
     10 percent of funds appropriated under this chapter may be 
     obligated before the submission of the report subject to the 
     normal notification procedures of the Committees on 
     Appropriations: Provided further, That the report shall be 
     updated and submitted to the Committees on Appropriations 
     every six months and shall include information detailing how 
     the estimates and assumptions contained in previous reports 
     have changed: Provided further, That any proposed new 
     projects and increases in funding of ongoing projects shall 
     be reported to the Committees on Appropriations in accordance 
     with regular notification procedures: Provided further, That 
     the Secretary of State shall submit to the Committees on 
     Appropriations, not later than 210 days following enactment 
     of this Act, and every six months thereafter, a report 
     detailing on a project-by project basis, the expenditure of 
     funds appropriated under this chapter until all funds have 
     been fully expended.

[[Page S3374]]

                               [CHAPTER 2

                    [DEPARTMENT OF DEFENSE--MILITARY

                       [OPERATION AND MAINTENANCE

                    [Operation and Maintenance, Navy

       [For an additional amount for ``Operation and Maintenance, 
     Navy'', $124,100,000: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                [Operation and Maintenance, Marine Corps

       [For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $2,800,000: Provided, That the amounts 
     provided under this heading are designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                 [Operation and Maintenance, Air Force

       [For an additional amount for ``Operation and Maintenance, 
     Air Force'', $30,000,000: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                [Operation and Maintenance, Defense-Wide

       [For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $29,150,000: Provided, That the amounts 
     provided under this heading are designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

            [Overseas Humanitarian, Disaster, and Civic Aid

       [For an additional amount for ``Overseas Humanitarian, 
     Disaster, and Civic Aid'', $36,000,000, to remain available 
     until September 30, 2006: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                               [CHAPTER 3

                         [DEPARTMENT OF DEFENSE

                        [Defense Health Program

       [For an additional amount for ``Defense Health Program'', 
     $3,600,000 for operation and maintenance: Provided, That the 
     amounts provided under this heading are designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                                [CHAPTER 4

                    [DEPARTMENT OF HOMELAND SECURITY

                       [UNITED STATES COAST GUARD

                          [Operating Expenses

       [For an additional amount for ``Operating Expenses'', 
     $350,000: Provided, That the amounts provided under this 
     heading are designated as an emergency requirement pursuant 
     to section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                               [CHAPTER 5

                      [DEPARTMENT OF THE INTERIOR

                    [UNITED STATES GEOLOGICAL SURVEY

                 [Surveys, Investigations, and Research

       [For an additional amount for ``Surveys, Investigations, 
     and Research'', $8,100,000, to remain available until 
     September 30, 2006: Provided, That the amounts provided under 
     this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                               [CHAPTER 6

                        [DEPARTMENT OF COMMERCE

            [National Oceanic and Atmospheric Administration

                 [Operations, Research, and Facilities

       [For an additional amount for ``Operations, Research, and 
     Facilities'', $4,830,000, to remain available until September 
     30, 2006, for United States tsunami warning capabilities and 
     operations: Provided, That the amounts provided under this 
     heading are designated as an emergency requirement pursuant 
     to section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

               [Procurement, Acquisition and Construction

       [For an additional amount for ``Procurement, Acquisition 
     and Construction'', $9,670,000, to remain available until 
     September 30, 2007, for United States tsunami warning 
     capabilities: Provided, That the amounts provided under this 
     heading are designated as an emergency requirement pursuant 
     to section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

         [TITLE V--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS

       [Sec. 5001. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.


                    [(Including Transfers of Funds)

       [Sec. 5002. Notwithstanding any other provision of law, 
     upon enactment of this Act, the Secretary of Defense shall 
     make the following transfers of funds previously made 
     available in the Department of Defense Appropriations Act, 
     2005 (Public Law 108-287): Provided, That the amounts 
     transferred shall be made available for the same purpose and 
     the same time period as the appropriation to which 
     transferred: Provided further, That the authority provided in 
     this section is in addition to any other transfer authority 
     available to the Department of Defense: Provided further, 
     That the amounts shall be transferred between the following 
     appropriations, in the amounts specified:
       [To:
       [Under the heading, ``Research, Development, Test and 
     Evaluation, Air Force, 2005/2006'', $500,000;
       [From:
       [Under the heading, ``Other Procurement, Air Force'', 
     $500,000.
       [To:
       [Under the heading, ``Other Procurement, Air Force, 2005/
     2007'', $8,200,000;
       [From:
       [Under the heading, ``Other Procurement, Navy, 2005/2007'', 
     $8,200,000.
       [Sec. 5003. Funds appropriated by this Act may be obligated 
     and expended notwithstanding section 15 of the State 
     Department Basic Authorities Act of 1956, section 313 of the 
     Foreign Relations Authorization Act, Fiscal Years 1994 and 
     1995 (Public Law 103-236) and section 10 of Public Law 91-672 
     (22 U.S.C. 2412), and section 504(a)(1) of the National 
     Security Act of 1947 (50 U.S.C. 414(a)(1)).
       [Sec. 5004. The last proviso under the heading ``Operation 
     and Maintenance'' in title I of division C of Public Law 108-
     447 is amended by striking ``Public Law 108-357'' and 
     inserting ``Public Law 108-137''.
       [Sec. 5005. Section 101 of title I of division C of Public 
     Law 108-447 is amended by striking ``per project'' and all 
     that follows through the period at the end and inserting 
     ``for all applicable programs and projects not to exceed 
     $80,000,000 in each fiscal year.''.
       [Sec. 5006. The matter under the heading ``Water and 
     Related Resources'' in title II of division C of Public Law 
     108-447 is amended by inserting before the period at the end 
     the following: ``: Provided further, That $4,023,000 of the 
     funds appropriated under this heading shall be deposited in 
     the San Gabriel Basin Restoration Fund established by section 
     110 of title I of division B of the Miscellaneous 
     Appropriations Act, 2001 (as enacted into law by Public Law 
     106-554)''.
       [Sec. 5007. In division C, title III of the Consolidated 
     Appropriations Act, 2005 (Public Law 108-447), the item 
     relating to ``Department of Energy--Energy Programs--Nuclear 
     Waste Disposal'' is amended by--
       [(1) inserting ``to be derived from the Nuclear Waste Fund 
     and'' after ``$346,000,000,''; and
       [(2) striking ``to conduct scientific oversight 
     responsibilities and participate in licensing activities 
     pursuant to the Act'' and inserting ``to participate in 
     licensing activities and other appropriate activities 
     pursuant to the Act''.
       [Sec. 5008. Section 144(b)(2) of title I of division E of 
     Public Law 108-447 is amended by striking ``September 24, 
     2004'' and inserting ``November 12, 2004''.
       [Sec. 5009. In the statement of the managers of the 
     committee of conference accompanying H.R. 4818 (Public Law 
     108-447; House Report 108-792), in the matter in title III of 
     division F, relating to the Fund for the Improvement of 
     Education under the heading ``Innovation and Improvement''--
       [(1) the provision specifying $500,000 for the Mississippi 
     Museum of Art, Jackson, MS for Hardy Middle School After 
     School Program shall be deemed to read ``Mississippi Museum 
     of Art, Jackson, MS for a Mississippi Museum of Art After-
     School Collaborative'';
       [(2) the provision specifying $2,000,000 for the Milken 
     Family Foundation, Santa Monica, CA, for the Teacher 
     Advancement Program shall be deemed to read ``Teacher 
     Advancement Program Foundation, Santa Monica, CA for the 
     Teacher Advancement Program'';
       [(3) the provision specifying $1,000,000 for Batelle for 
     Kids, Columbus, OH for a multi-state effort to evaluate and 
     learn the most effective ways for accelerating student 
     academic growth shall be deemed to read ``Battelle for Kids, 
     Columbus, OH for a multi-state effort to implement, evaluate 
     and learn the most effective ways for accelerating student 
     academic growth'';
       [(4) the provision specifying $750,000 for the Institute of 
     Heart Math, Boulder Creek, CO for a teacher retention and 
     student dropout prevention program shall be deemed to read 
     ``Institute of Heart Math, Boulder Creek, CA for a teacher 
     retention and student dropout prevention program'';
       [(5) the provision specifying $200,000 for Fairfax County 
     Public Schools, Fairfax, VA for Chinese language programs in 
     Franklin Sherman Elementary School and Chesterbrook 
     Elementary School in McLean, Virginia shall be deemed to read 
     ``Fairfax County Public Schools, Fairfax, VA for Chinese 
     language programs in Shrevewood Elementary School and 
     Wolftrap Elementary School'';
       [(6) the provision specifying $1,250,000 for the University 
     of Alaska/Fairbanks in Fairbanks, AK, working with the State 
     of Alaska and Catholic Community Services, for the Alaska 
     System for Early Education Development (SEED) shall be deemed 
     to read ``University of Alaska/Southeast in Juneau, AK, 
     working with the State of Alaska and Catholic Community 
     Services, for the Alaska System for Early Education 
     Development (SEED)'';
       [(7) the provision specifying $25,000 for QUILL 
     Productions, Inc., Aston, PA, to develop and disseminate 
     programs to enhance the teaching of American history shall be

[[Page S3375]]

     deemed to read ``QUILL Entertainment Company, Aston, PA, to 
     develop and disseminate programs to enhance the teaching of 
     American history'';
       [(8) the provision specifying $780,000 for City of St. 
     Charles, MO for the St. Charles Foundry Arts Center in 
     support of arts education shall be deemed to read ``The 
     Foundry Art Centre, St. Charles, Missouri for support of arts 
     education in conjunction with the City of St. Charles, MO'';
       [(9) the provision specifying $100,000 for Community Arts 
     Program, Chester, PA, for arts education shall be deemed to 
     read ``Chester Economic Development Authority, Chester, PA 
     for a community arts program'';
       [(10) the provision specifying $100,000 for Kids with A 
     Promise--The Bowery Mission, Bushkill, PA shall be deemed to 
     read ``Kids with A Promise--The Bowery Mission, New York, 
     NY'';
       [(11) the provision specifying $50,000 for Great Projects 
     Film Company, Inc., Washington, DC, to produce ``Educating 
     America'', a documentary about the challenges facing our 
     public schools shall be deemed to read ``Great Projects Film 
     Company, Inc., New York, NY, to produce `Educating America', 
     a documentary about the challenges facing our public 
     schools'';
       [(12) the provision specifying $30,000 for Summer Camp 
     Opportunities Provide an Edge (SCOPE), New York, NY for YMCA 
     Camps Skycrest, Speers and Elijabar shall be deemed to read 
     ``American Camping Association for Summer Camp Opportunities 
     Provide an Edge (SCOPE), New York, NY for YMCA Camps Skycrest 
     and Speers-Elijabar''; and
       [(13) the provision specifying $163,000 for Space Education 
     Initiatives, Green Bay, WI for the Wisconsin Space Science 
     Initiative shall be deemed to read ``Space Education 
     Initiatives, De Pere, WI for the Wisconsin Space Science 
     Initiative''.
       [Sec. 5010. In the statement of the managers of the 
     committee of conference accompanying H.R. 4818 (Public Law 
     108-447; House Report 108-792), in the matter in title III of 
     division F, relating to the Fund for the Improvement of 
     Postsecondary Education under the heading ``Higher 
     Education''--
       [(1) the provision specifying $145,000 for the Belin-Blank 
     Center at the University of Iowa, Iowa City, IA for the Big 
     10 school initiative to improve minority student access to 
     Advanced Placement courses shall be deemed to read 
     ``University of Iowa, Iowa City, IA for the Iowa and Israel: 
     Partners in Excellence program to enhance math and science 
     opportunities to rural Iowa students'';
       [(2) the provision specifying $150,000 for Mercy College, 
     Dobbs Ferry, NY for the development of a registered nursing 
     program shall be deemed to read ``Mercy College, Dobbs Ferry, 
     NY, for the development of a master's degree program in 
     nursing education, including marketing and recruitment 
     activities'';
       [(3) the provision specifying $100,000 for University of 
     Alaska/Southeast to develop distance education coursework for 
     arctic engineering courses and programs shall be deemed to 
     read ``University of Alaska System Office to develop distance 
     education coursework for arctic engineering courses and 
     programs''; and
       [(4) the provision specifying $100,000 for Culver-Stockton 
     College, Canton, MO for equipment and technology shall be 
     deemed to read ``Moberly Area Community College, Moberly, MO 
     for equipment and technology''.
       [Sec. 5011. The matter under the heading ``Corporation for 
     National and Community Service--National and Community 
     Service Programs Operating Expenses'' in title III of 
     division I of Public Law 108-447 is amended by inserting 
     before the period at the end the following: ``: Provided 
     further, That the Corporation may use up to 1 percent of 
     program grant funds made available under this heading to 
     defray its costs of conducting grant application reviews, 
     including the use of outside peer reviewers''.
       [Sec. 5012. Section 114 of title I of division I of the 
     Consolidated Appropriations Act, 2005 (Public Law 108-447) is 
     amended by inserting before the period ``and section 303 of 
     Public Law 108-422''.
       [Sec. 5013. Section 117 of title I of division I of the 
     Consolidated Appropriations Act, 2005 (Public Law 108-447) is 
     amended by striking ``that are deposited into the Medical 
     Care Collections Fund may be transferred and merged with'' 
     and inserting ``may be deposited into the''.
       [Sec. 5014. Section 1703(d)(2) of title 38, United States 
     Code, is amended by striking ``shall be available for the 
     purposes'' and inserting ``shall be available, without fiscal 
     limitation, for the purposes''.
       [Sec. 5015. Section 621 of title VI of division B of Public 
     Law 108-199 is amended by striking ``of passenger, cargo and 
     other aviation services''.
       [Sec. 5016. Section 619(a) of title VI of division B of 
     Public Law 108-447 is amended by striking ``Asheville-
     Buncombe Technical Community College'' and inserting ``the 
     International Small Business Institute''.
       [Sec. 5017. (a) Section 619(a) of title VI of division B of 
     Public Law 108-447 is amended by striking ``for the continued 
     modernization of the Mason Building''.
       [(b) Section 621 of title VI of division B of Public Law 
     108-199, as amended by Public Law 108-447, is amended by 
     striking ``, for the continued modernization of the Mason 
     Building''.
       [Sec. 5018. The Department of Justice may transfer funds 
     from any Department of Justice account to ``Detention 
     Trustee'': Provided, That the notification requirement in 
     section 605(b) of title VI of division B of Public Law 108-
     447 shall remain in effect for any such transfers.
       [Sec. 5019. The referenced statement of managers under the 
     heading ``Community Development Fund'' in title II of 
     division K of Public Law 108-7 is deemed to be amended--
       [(1) with respect to item number 39 by striking 
     ``Conference and Workforce Center in Harrison, Arkansas'' and 
     inserting ``in Harrison, Arkansas for facilities construction 
     of the North Arkansas College Health Sciences Education 
     Center''; and
       [(2) with respect to item number 316 by striking ``for 
     renovation of a visitor center to accommodate a Space and 
     Flight Center'' and inserting ``to build-out the Prince 
     George's County Economic Development and Business Assistance 
     Center''.
       [Sec. 5020. The referenced statement of the managers under 
     the heading ``Community Development Fund'' in title II of 
     division G of Public Law 108-199 is deemed to be amended--
       [(1) with respect to item number 56 by striking 
     ``Conference and Training Center'' and inserting ``North 
     Arkansas College Health Sciences Education Center'';
       [(2) with respect to item number 102 by striking ``to the 
     Town of Groveland, California for purchase of a youth 
     center'' and inserting ``to the County of Tuolomne for the 
     purchase of a new youth center in the mountain community of 
     Groveland'';
       [(3) with respect to item number 218 by striking ``for 
     construction'' and inserting ``for design and engineering'';
       [(4) with respect to item number 472 by striking ``for 
     sidewalk, curbs and facade improvements in the Morton Avenue 
     neighborhood'' and inserting ``for streetscape renovation''; 
     and
       [(5) with respect to item number 493 by striking ``for land 
     acquisition'' and inserting ``for planning and design of its 
     Sports and Recreation Center and Education Complex''.
       [Sec. 5021. The referenced statement of the managers under 
     the heading ``Community Development Fund'' in title II of 
     division I of Public Law 108-447 is deemed to be amended as 
     follows--
       [(1) with respect to item number 706 by striking `` a 
     public swimming pool'' and inserting ``recreation fields'';
       [(2) with respect to item number 667 by striking ``to the 
     Town of Appomattox, Virginia for facilities construction of 
     an African-American cultural and heritage museum at the 
     Carver-Price building'' and inserting ``to the County of 
     Appomattox, Virginia for renovation of the Carver-Price 
     building'';
       [(3) with respect to item number 668 by striking ``for the 
     Town of South Boston, Virginia for renovations and creation 
     of a community arts center at the Prizery'' and inserting 
     ``for The Prizery in South Boston, Virginia for renovations 
     and creation of a community arts center'';
       [(4) with respect to item number 669 by striking ``for the 
     City of Moneta, Virginia for facilities construction and 
     renovations of an art, education, and community outreach 
     center'' and inserting ``for the Moneta Arts, Education, and 
     Community Outreach Center in Moneta, Virginia for facilities 
     construction and renovations'';
       [(5) with respect to item number 910 by striking ``repairs 
     to'' and inserting ``renovation and construction of''; and
       [(6) with respect to item number 902 by striking ``City of 
     Brooklyn'' and inserting ``Fifth Ave Committee in Brooklyn''.
       [Sec. 5022. Section 308 of division B of Public Law 108-447 
     is amended by striking all after the words ``shall be 
     deposited'', and inserting ``as offsetting receipts to the 
     fund established under 28 U.S.C. 1931 and shall remain 
     available to the Judiciary until expended to reimburse any 
     appropriation for the amount paid out of such appropriation 
     for expenses of the Courts of Appeals, District Courts, and 
     Other Judicial Services and the Administrative Offices of the 
     United States Courts.''.
       [Sec. 5023. Section 198 of division H of Public Law 108-447 
     is amended by inserting ``under title 23 of the United States 
     Code'' after ``law''.
       [Sec. 5024. The District of Columbia Appropriations Act, 
     2005 (Public Law 108-335) approved October 18, 2004, is 
     amended as follows:
       [(1) Section 331 is amended as follows:
       [(A) in the first sentence by striking the word 
     ``$15,000,000'' and inserting ``$42,000,000, to remain 
     available until expended,'' in its place; and
       [(B) by amending paragraph (5) to read as follows:
       [``(5) The amounts may be obligated or expended only if the 
     Mayor notifies the Committees on Appropriations of the House 
     of Representatives and Senate in writing 30 days in advance 
     of any obligation or expenditure.''.
       [(2) By inserting a new section before the short title at 
     the end to read as follows:
       [``Sec. 348. The amount appropriated by this Act may be 
     increased by an additional amount of $206,736,000 (including 
     $49,927,000 from local funds and $156,809,000 from other 
     funds) to be transferred by the Mayor of the District of 
     Columbia to the various headings under this Act as follows:
       [``(1) $174,927,000 (including $34,927,000 from local 
     funds, and $140,000,000 from other funds) shall be 
     transferred under the heading `Government Direction and 
     Support': Provided, That of the funds, $33,000,000 from local 
     funds shall remain available until expended: Provided 
     further, That of the funds, $140,000,000

[[Page S3376]]

     from other funds shall remain available until expended and 
     shall only be available in conjunction with revenue from a 
     private or alternative financing proposal approved pursuant 
     to section 106 of DC Act 15-717, the `Ballpark Omnibus 
     Financing and Revenue Act of 2004' approved by the District 
     of Columbia, December 29, 2004, and
       [``(2) $15,000,000 from local funds shall be transferred 
     under the heading `Repayment of Loans and Interest', and
       [``(3) $14,000,000 from other funds shall be transferred 
     under the heading `Sports and Entertainment Commission', and
       [``(4) $2,809,000 from other funds shall be transferred 
     under the heading `Water and Sewer Authority'.''.

                              [TITLE VI--

                [HUMANITARIAN ASSISTANCE CODE OF CONDUCT

     [SEC. 6001. SHORT TITLE.

       [This title may be cited as the ``Humanitarian Assistance 
     Code of Conduct Act of 2005''.

     [SEC. 6002. CODE OF CONDUCT FOR THE PROTECTION OF 
                   BENEFICIARIES OF HUMANITARIAN ASSISTANCE.

       [(a) Prohibition.--None of the funds made available for 
     foreign operations, export financing, and related programs 
     under the headings ``Migration and Refugee Assistance'', 
     ``United States Emergency Refugee and Migration Assistance 
     Fund'', ``International Disaster and Famine Assistance'', or 
     ``Transition Initiatives'' may be obligated to an 
     organization that fails to adopt a code of conduct that 
     provides for the protection of beneficiaries of assistance 
     under any such heading from sexual exploitation and abuse in 
     humanitarian relief operations.
       [(b) Six Core Principles.--The code of conduct referred to 
     in subsection (a) shall, to the maximum extent practicable, 
     be consistent with the following six core principles of the 
     United Nations Inter-Agency Standing Committee Task Force on 
     Protection From Sexual Exploitation and Abuse in Humanitarian 
     Crises:
       [(1) ``Sexual exploitation and abuse by humanitarian 
     workers constitute acts of gross misconduct and are therefore 
     grounds for termination of employment.''.
       [(2) ``Sexual activity with children (persons under the age 
     of 18) is prohibited regardless of the age of majority or age 
     of consent locally. Mistaken belief regarding the age of a 
     child is not a defense.''.
       [(3) ``Exchange of money, employment, goods, or services 
     for sex, including sexual favors or other forms of 
     humiliating, degrading or exploitative behavior, is 
     prohibited. This includes exchange of assistance that is due 
     to beneficiaries.''.
       [(4) ``Sexual relationships between humanitarian workers 
     and beneficiaries are strongly discouraged since they are 
     based on inherently unequal power dynamics. Such 
     relationships undermine the credibility and integrity of 
     humanitarian aid work.''.
       [(5) ``Where a humanitarian worker develops concerns or 
     suspicions regarding sexual abuse or exploitation by a fellow 
     worker, whether in the same agency or not, he or she must 
     report such concerns via established agency reporting 
     mechanisms.''.
       [(6) ``Humanitarian agencies are obliged to create and 
     maintain an environment which prevents sexual exploitation 
     and abuse and promotes the implementation of their code of 
     conduct. Managers at all levels have particular 
     responsibilities to support and develop systems which 
     maintain this environment.''.

     [SEC. 6003. REPORT.

       [Not later than 180 days after the date of the enactment of 
     this Act, and not later than one year after the date of the 
     enactment of this Act, the President shall transmit to the 
     Committee on Appropriations and the Committee on 
     International Relations of the House of Representatives and 
     the Committee on Appropriations and the Committee on Foreign 
     Relations of the Senate a detailed report on the 
     implementation of this title.

     [SEC. 6004. EFFECTIVE DATE; APPLICABILITY.

       [This title--
       [(1) takes effect 60 days after the date of the enactment 
     of this Act; and
       [(2) applies to funds obligated after the effective date 
     referred to in paragraph (1)--
       [(A) for fiscal year 2005; and
       [(B) any subsequent fiscal year.

               [TITLE VII--ADDITIONAL GENERAL PROVISIONS

       [Sec. 7001. None of the funds made available in this Act 
     may be used for embassy security, construction, and 
     maintenance.
       [Sec. 7002. None of the funds made available in this Act 
     may be used to fund any contract in contravention of section 
     15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)).
       [Sec. 7003. None of the funds made available in this Act 
     may be used in contravention of the following laws enacted or 
     regulations promulgated to implement the United Nations 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment (done at New York on 
     December 10, 1984):
       [(1) Section 2340A of title 18, United States Code.
       [(2) Section 2242 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (division G of Public Law 105-277; 
     112 Stat. 2681-822; 8 U.S.C. 1231 note) and any regulations 
     prescribed thereto, including regulations under part 208 of 
     title 8, Code of Federal Regulations, and part 95 of title 
     22, Code of Federal Regulations.
       [This division may be cited as the ``Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Tsunami Relief, 2005''.

                    [DIVISION B--REAL ID ACT OF 2005

     [SECTION 1. SHORT TITLE.

       [This division may be cited as the ``REAL ID Act of 2005''.

[TITLE I--AMENDMENTS TO FEDERAL LAWS TO PROTECT AGAINST TERRORIST ENTRY

     [SEC. 101. PREVENTING TERRORISTS FROM OBTAINING RELIEF FROM 
                   REMOVAL.

       [(a) Conditions for Granting Asylum.--Section 208(b)(1) of 
     the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)) is 
     amended--
       [(1) by striking ``The Attorney General'' the first place 
     such term appears and inserting the following:
       [``(A) Eligibility.--The Secretary of Homeland Security or 
     the Attorney General'';
       [(2) by striking ``the Attorney General'' the second and 
     third places such term appears and inserting ``the Secretary 
     of Homeland Security or the Attorney General''; and
       [(3) by adding at the end the following:
       [``(B) Burden of proof.--
       [``(i) In general.--The burden of proof is on the applicant 
     to establish that the applicant is a refugee, within the 
     meaning of section 101(a)(42)(A). To establish that the 
     applicant is a refugee within the meaning of such section, 
     the applicant must establish that race, religion, 
     nationality, membership in a particular social group, or 
     political opinion was or will be a central reason for 
     persecuting the applicant.
       [``(ii) Sustaining burden.--The testimony of the applicant 
     may be sufficient to sustain the applicant's burden without 
     corroboration, but only if the applicant satisfies the trier 
     of fact that the applicant's testimony is credible, is 
     persuasive, and refers to specific facts sufficient to 
     demonstrate that the applicant is a refugee. In determining 
     whether the applicant has met the applicant's burden, the 
     trier of fact may weigh the credible testimony along with 
     other evidence of record. Where the trier of fact determines, 
     in the trier of fact's discretion, that the applicant should 
     provide evidence which corroborates otherwise credible 
     testimony, such evidence must be provided unless the 
     applicant does not have the evidence and cannot reasonably 
     obtain the evidence without departing the United States. The 
     inability to obtain corroborating evidence does not excuse 
     the applicant from meeting the applicant's burden of proof.
       [``(iii) Credibility determination.--The trier of fact 
     should consider all relevant factors and may, in the trier of 
     fact's discretion, base the trier of fact's credibility 
     determination on any such factor, including the demeanor, 
     candor, or responsiveness of the applicant or witness, the 
     inherent plausibility of the applicant's or witness's 
     account, the consistency between the applicant's or witness's 
     written and oral statements (whenever made and whether or not 
     made under oath), the internal consistency of each such 
     statement, the consistency of such statements with other 
     evidence of record (including the reports of the Department 
     of State on country conditions), and any inaccuracies or 
     falsehoods in such statements, without regard to whether an 
     inconsistency, inaccuracy, or falsehood goes to the heart of 
     the applicant's claim. There is no presumption of 
     credibility.''.
       [(b) Withholding of Removal.--Section 241(b)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is 
     amended by adding at the end the following:
       [``(C) Sustaining burden of proof; credibility 
     determinations.--In determining whether an alien has 
     demonstrated that the alien's life or freedom would be 
     threatened for a reason described in subparagraph (A), the 
     trier of fact shall determine whether the alien has sustained 
     the alien's burden of proof, and shall make credibility 
     determinations, in the manner described in clauses (ii) and 
     (iii) of section 208(b)(1)(B).''.
       [(c) Other Requests for Relief From Removal.--Section 
     240(c) of the Immigration and Nationality Act (8 U.S.C. 
     1230(c)) is amended--
       [(1) by redesignating paragraphs (4), (5), and (6) as 
     paragraphs (5), (6), and (7), respectively; and
       [(2) by inserting after paragraph (3) the following:
       [``(4) Applications for relief from removal.--
       [``(A) In general.--An alien applying for relief or 
     protection from removal has the burden of proof to establish 
     that the alien--
       [``(i) satisfies the applicable eligibility requirements; 
     and
       [``(ii) with respect to any form of relief that is granted 
     in the exercise of discretion, that the alien merits a 
     favorable exercise of discretion.
       [``(B) Sustaining burden.--The applicant must comply with 
     the applicable requirements to submit information or 
     documentation in support of the applicant's application for 
     relief or protection as provided by law or by regulation or 
     in the instructions for the application form. In evaluating 
     the testimony of the applicant or other witness in support of 
     the application, the immigration judge will determine whether 
     or not the testimony is credible, is persuasive, and refers 
     to specific facts sufficient to demonstrate that the 
     applicant has satisfied the applicant's burden of proof. In 
     determining whether the applicant has met such burden,

[[Page S3377]]

     the immigration judge shall weigh the credible testimony 
     along with other evidence of record. Where the immigration 
     judge determines in the judge's discretion that the applicant 
     should provide evidence which corroborates otherwise credible 
     testimony, such evidence must be provided unless the 
     applicant demonstrates that the applicant does not have the 
     evidence and cannot reasonably obtain the evidence without 
     departing from the United States. The inability to obtain 
     corroborating evidence does not excuse the applicant from 
     meeting the burden of proof.
       [``(C) Credibility determination.--The immigration judge 
     should consider all relevant factors and may, in the judge's 
     discretion, base the judge's credibility determination on any 
     such factor, including the demeanor, candor, or 
     responsiveness of the applicant or witness, the inherent 
     plausibility of the applicant's or witness's account, the 
     consistency between the applicant's or witness's written and 
     oral statements (whenever made and whether or not made under 
     oath), the internal consistency of each such statement, the 
     consistency of such statements with other evidence of record 
     (including the reports of the Department of State on country 
     conditions), and any inaccuracies or falsehoods in such 
     statements, without regard to whether an inconsistency, 
     inaccuracy, or falsehood goes to the heart of the applicant's 
     claim. There is no presumption of credibility.''.
       [(d) Standard of Review for Orders of Removal.--Section 
     242(b)(4) of the Immigration and Nationality Act (8 U.S.C. 
     1252(b)(4)) is amended by adding at the end, after 
     subparagraph (D), the following: ``No court shall reverse a 
     determination made by a trier of fact with respect to the 
     availability of corroborating evidence, as described in 
     section 208(b)(1)(B), 240(c)(4)(B), or 241(b)(3)(C), unless 
     the court finds that a reasonable trier of fact is compelled 
     to conclude that such corroborating evidence is 
     unavailable.''.
       [(e) Clarification of Discretion.--Section 242(a)(2)(B) of 
     the Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) 
     is amended--
       [(1) by inserting ``or the Secretary of Homeland Security'' 
     after ``Attorney General'' each place such term appears; and
       [(2) in the matter preceding clause (i), by inserting ``and 
     regardless of whether the judgment, decision, or action is 
     made in removal proceedings,'' after ``other provision of 
     law,''.
       [(f) Removal of Caps.--Section 209 of the Immigration and 
     Nationality Act (8 U.S.C. 1159) is amended--
       [(1) in subsection (a)(1)--
       [(A) by striking ``Service'' and inserting ``Department of 
     Homeland Security''; and
       [(B) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security or the 
     Attorney General'';
       [(2) in subsection (b)--
       [(A) by striking ``Not more'' and all that follows through 
     ``asylum who--'' and inserting ``The Secretary of Homeland 
     Security or the Attorney General, in the Secretary's or the 
     Attorney General's discretion and under such regulations as 
     the Secretary or the Attorney General may prescribe, may 
     adjust to the status of an alien lawfully admitted for 
     permanent residence the status of any alien granted asylum 
     who--''; and
       [(B) in the matter following paragraph (5), by striking 
     ``Attorney General'' and inserting ``Secretary of Homeland 
     Security or the Attorney General''; and
       [(3) in subsection (c), by striking ``Attorney General'' 
     and inserting ``Secretary of Homeland Security or the 
     Attorney General''.
       [(g) Effective Dates.--
       [(1) The amendments made by paragraphs (1) and (2) of 
     subsection (a) shall take effect as if enacted on March 1, 
     2003.
       [(2) The amendments made by subsections (a)(3), (b), and 
     (c) shall take effect on the date of the enactment of this 
     division and shall apply to applications for asylum, 
     withholding, or other removal made on or after such date.
       [(3) The amendment made by subsection (d) shall take effect 
     on the date of the enactment of this division and shall apply 
     to all cases in which the final administrative removal order 
     is or was issued before, on, or after such date.
       [(4) The amendments made by subsection (e) shall take 
     effect on the date of the enactment of this division and 
     shall apply to all cases pending before any court on or after 
     such date.
       [(5) The amendments made by subsection (f) shall take 
     effect on the date of the enactment of this division.
       [(h) Repeal.--Section 5403 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458) is 
     repealed.

     [SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT OF 
                   BARRIERS AT BORDERS.

       [Section 102(c) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is 
     amended to read as follows:
       [``(c) Waiver.--
       [``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security shall have the 
     authority to waive, and shall waive, all laws such Secretary, 
     in such Secretary's sole discretion, determines necessary to 
     ensure expeditious construction of the barriers and roads 
     under this section.
       [``(2) No judicial review.--Notwithstanding any other 
     provision of law (statutory or nonstatutory), no court, 
     administrative agency, or other entity shall have 
     jurisdiction--
       [``(A) to hear any cause or claim arising from any action 
     undertaken, or any decision made, by the Secretary of 
     Homeland Security pursuant to paragraph (1); or
       [``(B) to order compensatory, declaratory, injunctive, 
     equitable, or any other relief for damage alleged to arise 
     from any such action or decision.''.

     [SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TERRORIST-
                   RELATED ACTIVITIES.

       [(a) In General.--So much of section 212(a)(3)(B)(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) 
     as precedes the final sentence is amended to read as follows:
       [``(i) In general.--Any alien who--

       [``(I) has engaged in a terrorist activity;
       [``(II) a consular officer, the Attorney General, or the 
     Secretary of Homeland Security knows, or has reasonable 
     ground to believe, is engaged in or is likely to engage after 
     entry in any terrorist activity (as defined in clause (iv));
       [``(III) has, under circumstances indicating an intention 
     to cause death or serious bodily harm, incited terrorist 
     activity;
       [``(IV) is a representative (as defined in clause (v)) of--

       [``(aa) a terrorist organization (as defined in clause 
     (vi)); or
       [``(bb) a political, social, or other group that endorses 
     or espouses terrorist activity;

       [``(V) is a member of a terrorist organization described in 
     subclause (I) or (II) of clause (vi);
       [``(VI) is a member of a terrorist organization described 
     in clause (vi)(III), unless the alien can demonstrate by 
     clear and convincing evidence that the alien did not know, 
     and should not reasonably have known, that the organization 
     was a terrorist organization;
       [``(VII) endorses or espouses terrorist activity or 
     persuades others to endorse or espouse terrorist activity or 
     support a terrorist organization;
       [``(VIII) has received military-type training (as defined 
     in section 2339D(c)(1) of title 18, United States Code) from 
     or on behalf of any organization that, at the time the 
     training was received, was a terrorist organization (as 
     defined in clause (vi)); or
       [``(IX) is the spouse or child of an alien who is 
     inadmissible under this subparagraph, if the activity causing 
     the alien to be found inadmissible occurred within the last 5 
     years,

     [is inadmissible.''.
       [(b) Engage in Terrorist Activity Defined.--Section 
     212(a)(3)(B)(iv) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(3)(B)(iv)) is amended to read as follows:
       [``(iv) Engage in terrorist activity defined.--As used in 
     this Act, the term `engage in terrorist activity' means, in 
     an individual capacity or as a member of an organization--

       [``(I) to commit or to incite to commit, under 
     circumstances indicating an intention to cause death or 
     serious bodily injury, a terrorist activity;
       [``(II) to prepare or plan a terrorist activity;
       [``(III) to gather information on potential targets for 
     terrorist activity;
       [``(IV) to solicit funds or other things of value for--

       [``(aa) a terrorist activity;
       [``(bb) a terrorist organization described in clause 
     (vi)(I) or (vi)(II); or
       [``(cc) a terrorist organization described in clause 
     (vi)(III), unless the solicitor can demonstrate by clear and 
     convincing evidence that he did not know, and should not 
     reasonably have known, that the organization was a terrorist 
     organization;

       [``(V) to solicit any individual--

       [``(aa) to engage in conduct otherwise described in this 
     subsection;
       [``(bb) for membership in a terrorist organization 
     described in clause (vi)(I) or (vi)(II); or
       [``(cc) for membership in a terrorist organization 
     described in clause (vi)(III) unless the solicitor can 
     demonstrate by clear and convincing evidence that he did not 
     know, and should not reasonably have known, that the 
     organization was a terrorist organization; or

       [``(VI) to commit an act that the actor knows, or 
     reasonably should know, affords material support, including a 
     safe house, transportation, communications, funds, transfer 
     of funds or other material financial benefit, false 
     documentation or identification, weapons (including chemical, 
     biological, or radiological weapons), explosives, or 
     training--

       [``(aa) for the commission of a terrorist activity;
       [``(bb) to any individual who the actor knows, or 
     reasonably should know, has committed or plans to commit a 
     terrorist activity;
       [``(cc) to a terrorist organization described in subclause 
     (I) or (II) of clause (vi) or to any member of such an 
     organization; or
       [``(dd) to a terrorist organization described in clause 
     (vi)(III), or to any member of such an organization, unless 
     the actor can demonstrate by clear and convincing evidence 
     that the actor did not know, and should not reasonably have 
     known, that the organization was a terrorist organization.

     [This clause shall not apply to any material support the 
     alien afforded to an organization or individual that has 
     committed terrorist

[[Page S3378]]

     activity, if the Secretary of State, after consultation with 
     the Attorney General and the Secretary of Homeland Security, 
     or the Attorney General, after consultation with the 
     Secretary of State and the Secretary of Homeland Security, 
     concludes in his sole unreviewable discretion, that this 
     clause should not apply.''.
       [(c) Terrorist Organization Defined.--Section 
     212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(3)(B)(vi)) is amended to read as follows:
       [``(vi) Terrorist organization defined.--As used in this 
     section, the term `terrorist organization' means an 
     organization--

       [``(I) designated under section 219;
       [``(II) otherwise designated, upon publication in the 
     Federal Register, by the Secretary of State in consultation 
     with or upon the request of the Attorney General or the 
     Secretary of Homeland Security, as a terrorist organization, 
     after finding that the organization engages in the activities 
     described in subclauses (I) through (VI) of clause (iv); or
       [``(III) that is a group of two or more individuals, 
     whether organized or not, which engages in, or has a subgroup 
     which engages in, the activities described in subclauses (I) 
     through (VI) of clause (iv).''.

       [(d) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this 
     division, and these amendments, and section 212(a)(3)(B) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), 
     as amended by this section, shall apply to--
       [(1) removal proceedings instituted before, on, or after 
     the date of the enactment of this division; and
       [(2) acts and conditions constituting a ground for 
     inadmissibility, excludability, deportation, or removal 
     occurring or existing before, on, or after such date.

     [SEC. 104. REMOVAL OF TERRORISTS.

       [(a) In General.--
       [(1) In general.--Section 237(a)(4)(B) of the Immigration 
     and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended to 
     read as follows:
       [``(B) Terrorist activities.--Any alien who is described in 
     subparagraph (B) or (F) of section 212(a)(3) is 
     deportable.''.
       [(2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date of the enactment of this 
     division, and the amendment, and section 237(a)(4)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)), as 
     amended by such paragraph, shall apply to--
       [(A) removal proceedings instituted before, on, or after 
     the date of the enactment of this division; and
       [(B) acts and conditions constituting a ground for 
     inadmissibility, excludability, deportation, or removal 
     occurring or existing before, on, or after such date.
       [(b) Repeal.--Effective as of the date of the enactment of 
     the Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458), section 5402 of such Act is repealed, 
     and the Immigration and Nationality Act shall be applied as 
     if such section had not been enacted.

     [SEC. 105. JUDICIAL REVIEW OF ORDERS OF REMOVAL.

       [(a) In General.--Section 242 of the Immigration and 
     Nationality Act (8 U.S.C. 1252) is amended--
       [(1) in subsection (a)--
       [(A) in paragraph (2)--
       [(i) in subparagraph (A), by inserting ``(statutory or 
     nonstatutory), including section 2241 of title 28, United 
     States Code, or any other habeas corpus provision, and 
     sections 1361 and 1651 of such title'' after 
     ``Notwithstanding any other provision of law'';
       [(ii) in each of subparagraphs (B) and (C), by inserting 
     ``(statutory or nonstatutory), including section 2241 of 
     title 28, United States Code, or any other habeas corpus 
     provision, and sections 1361 and 1651 of such title, and 
     except as provided in subparagraph (D)'' after 
     ``Notwithstanding any other provision of law''; and
       [(iii) by adding at the end the following:
       [``(D) Judicial review of certain legal claims.--Nothing in 
     subparagraph (B) or (C), or in any other provision of this 
     Act which limits or eliminates judicial review, shall be 
     construed as precluding review of constitutional claims or 
     pure questions of law raised upon a petition for review filed 
     with an appropriate court of appeals in accordance with this 
     section.''; and
       [(B) by adding at the end the following:
       [``(4) Claims under the united nations convention.--
     Notwithstanding any other provision of law (statutory or 
     nonstatutory), including section 2241 of title 28, United 
     States Code, or any other habeas corpus provision, and 
     sections 1361 and 1651 of such title, a petition for review 
     filed with an appropriate court of appeals in accordance with 
     this section shall be the sole and exclusive means for 
     judicial review of any cause or claim under the United 
     Nations Convention Against Torture and Other Forms of Cruel, 
     Inhuman, or Degrading Treatment or Punishment, except as 
     provided in subsection (e).
       [``(5) Exclusive means of review.--Notwithstanding any 
     other provision of law (statutory or nonstatutory), including 
     section 2241 of title 28, United States Code, or any other 
     habeas corpus provision, and sections 1361 and 1651 of such 
     title, a petition for review filed with an appropriate court 
     of appeals in accordance with this section shall be the sole 
     and exclusive means for judicial review of an order of 
     removal entered or issued under any provision of this Act, 
     except as provided in subsection (e). For purposes of this 
     Act, in every provision that limits or eliminates judicial 
     review or jurisdiction to review, the terms `judicial review' 
     and `jurisdiction to review' include habeas corpus review 
     pursuant to section 2241 of title 28, United States Code, or 
     any other habeas corpus provision, sections 1361 and 1651 of 
     such title, and review pursuant to any other provision of law 
     (statutory or nonstatutory).'';
       [(2) in subsection (b)--
       [(A) in paragraph (3)(B), by inserting ``pursuant to 
     subsection (f)'' after ``unless''; and
       [(B) in paragraph (9), by adding at the end the following: 
     ``Except as otherwise provided in this section, no court 
     shall have jurisdiction, by habeas corpus under section 2241 
     of title 28, United States Code, or any other habeas corpus 
     provision, by section 1361 or 1651 of such title, or by any 
     other provision of law (statutory or nonstatutory), to review 
     such an order or such questions of law or fact.''; and
       [(3) in subsection (g), by inserting ``(statutory or 
     nonstatutory), including section 2241 of title 28, United 
     States Code, or any other habeas corpus provision, and 
     sections 1361 and 1651 of such title'' after 
     ``notwithstanding any other provision of law''.
       [(b) Effective Date.--The amendments made by subsection (a) 
     shall take effect upon the date of the enactment of this 
     division and shall apply to cases in which the final 
     administrative order of removal, deportation, or exclusion 
     was issued before, on, or after the date of the enactment of 
     this division.
       [(c) Transfer of Cases.--If an alien's case, brought under 
     section 2241 of title 28, United States Code, and challenging 
     a final administrative order of removal, deportation, or 
     exclusion, is pending in a district court on the date of the 
     enactment of this division, then the district court shall 
     transfer the case (or the part of the case that challenges 
     the order of removal, deportation, or exclusion) to the court 
     of appeals for the circuit in which a petition for review 
     could have been properly filed under section 242(b)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1252), as amended 
     by this section, or under section 309(c)(4)(D) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1101 note). The court of appeals shall treat the 
     transferred case as if it had been filed pursuant to a 
     petition for review under such section 242, except that 
     subsection (b)(1) of such section shall not apply.
       [(d) Transitional Rule Cases.--A petition for review filed 
     under former section 106(a) of the Immigration and 
     Nationality Act (as in effect before its repeal by section 
     306(b) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1252 note)) shall be 
     treated as if it had been filed as a petition for review 
     under section 242 of the Immigration and Nationality Act (8 
     U.S.C. 1252), as amended by this section. Notwithstanding any 
     other provision of law (statutory or nonstatutory), including 
     section 2241 of title 28, United States Code, or any other 
     habeas corpus provision, and sections 1361 and 1651 of such 
     title, such petition for review shall be the sole and 
     exclusive means for judicial review of an order of 
     deportation or exclusion.

     [SEC. 106. DELIVERY BONDS.

       [(a) Definitions.--For purposes of this section:
       [(1) Delivery bond.--The term ``delivery bond'' means a 
     written suretyship undertaking for the surrender of an 
     individual against whom the Department of Homeland Security 
     has issued an order to show cause or a notice to appear, the 
     performance of which is guaranteed by an acceptable surety on 
     Federal bonds.
       [(2) Principal.--The term ``principal'' means an individual 
     who is the subject of a bond.
       [(3) Suretyship undertaking.--The term ``suretyship 
     undertaking'' means a written agreement, executed by a 
     bonding agent on behalf of a surety, which binds all parties 
     to its certain terms and conditions and which provides 
     obligations for the principal and the surety while under the 
     bond and penalties for forfeiture to ensure the obligations 
     of the principal and the surety under the agreement.
       [(4) Bonding agent.--The term ``bonding agent'' means any 
     individual properly licensed, approved, and appointed by 
     power of attorney to execute or countersign surety bonds in 
     connection with any matter governed by the Immigration and 
     Nationality Act as amended (8 U.S.C. 1101, et seq.), and who 
     receives a premium for executing or countersigning such 
     surety bonds.
       [(5) Surety.--The term ``surety'' means an entity, as 
     defined by, and that is in compliance with, sections 9304 
     through 9308 of title 31, United States Code, that agrees--
       [(A) to guarantee the performance, where appropriate, of 
     the principal under a bond;
       [(B) to perform the bond as required; and
       [(C) to pay the face amount of the bond as a penalty for 
     failure to perform.
       [(b) Validity, Agent not Co-Obligor, Expiration, Renewal, 
     and Cancellation of Bonds.--
       [(1) Validity.--Delivery bond undertakings are valid if 
     such bonds--
       [(A) state the full, correct, and proper name of the alien 
     principal;
       [(B) state the amount of the bond;
       [(C) are guaranteed by a surety and countersigned by an 
     agent who is properly appointed;

[[Page S3379]]

       [(D) bond documents are properly executed; and
       [(E) relevant bond documents are properly filed with the 
     Secretary of Homeland Security.
       [(2) Bonding agent not co-obligor, party, or guarantor in 
     individual capacity, and no refusal if acceptable surety.--
     Section 9304(b) of title 31, United States Code, is amended 
     by adding at the end the following: ``Notwithstanding any 
     other provision of law, no bonding agent of a corporate 
     surety shall be required to execute bonds as a co-obligor, 
     party, or guarantor in an individual capacity on bonds 
     provided by the corporate surety, nor shall a corporate 
     surety bond be refused if the corporate surety appears on the 
     current Treasury Department Circular 570 as a company holding 
     a certificate of authority as an acceptable surety on Federal 
     bonds and attached to the bond is a currently valid 
     instrument showing the authority of the bonding agent of the 
     surety company to execute the bond.''.
       [(3) Expiration.--A delivery bond undertaking shall expire 
     at the earliest of--
       [(A) 1 year from the date of issue;
       [(B) at the cancellation of the bond or surrender of the 
     principal; or
       [(C) immediately upon nonpayment of the renewal premium.
       [(4) Renewal.--Delivery bonds may be renewed annually, with 
     payment of proper premium to the surety, if there has been no 
     breach of conditions, default, claim, or forfeiture of the 
     bond. Notwithstanding any renewal, when the alien is 
     surrendered to the Secretary of Homeland Security for 
     removal, the Secretary shall cause the bond to be canceled.
       [(5) Cancellation.--Delivery bonds shall be canceled and 
     the surety exonerated--
       [(A) for nonrenewal after the alien has been surrendered to 
     the Department of Homeland Security for removal;
       [(B) if the surety or bonding agent provides reasonable 
     evidence that there was misrepresentation or fraud in the 
     application for the bond;
       [(C) upon the death or incarceration of the principal, or 
     the inability of the surety to produce the principal for 
     medical reasons;
       [(D) if the principal is detained by any law enforcement 
     agency of any State, county, city, or any politial 
     subdivision thereof;
       [(E) if it can be established that the alien departed the 
     United States of America for any reason without permission of 
     the Secretary of Homeland Security, the surety, or the 
     bonding agent;
       [(F) if the foreign state of which the principal is a 
     national is designated pursuant to section 244 of the Act (8 
     U.S.C. 1254a) after the bond is posted; or
       [(G) if the principal is surrendered to the Department of 
     Homeland Security, removal by the surety or the bonding 
     agent.
       [(6) Surrender of principal; forfeiture of bond premium.--
       [(A) Surrender.--At any time, before a breach of any of the 
     bond conditions, if in the opinion of the surety or bonding 
     agent, the principal becomes a flight risk, the principal may 
     be surrendered to the Department of Homeland Security for 
     removal.
       [(B) Forfeiture of bond premium.--A principal may be 
     surrendered without the return of any bond premium if the 
     principal--
       [(i) changes address without notifying the surety, the 
     bonding agent, and the Secretary of Homeland Security in 
     writing prior to such change;
       [(ii) hides or is concealed from a surety, a bonding agent, 
     or the Secretary;
       [(iii) fails to report to the Secretary as required at 
     least annually; or
       [(iv) violates the contract with the bonding agent or 
     surety, commits any act that may lead to a breach of the 
     bond, or otherwise violates any other obligation or condition 
     of the bond established by the Secretary.
       [(7) Certified copy of bond and arrest warrant to accompany 
     surrender.--
       [(A) In general.--A bonding agent or surety desiring to 
     surrender the principal--
       [(i) shall have the right to petition the Secretary of 
     Homeland Security or any Federal court, without having to pay 
     any fees or court costs, for an arrest warrant for the arrest 
     of the principal;
       [(ii) shall forthwith be provided 2 certified copies each 
     of the arrest warrant and the bond undertaking, without 
     having to pay any fees or courts costs; and
       [(iii) shall have the right to pursue, apprehend, detain, 
     and surrender the principal, together with certified copies 
     of the arrest warrant and the bond undertaking, to any 
     Department of Homeland Security detention official or 
     Department detention facility or any detention facility 
     authorized to hold Federal detainees.
       [(B) Effects of delivery.--Upon surrender of a principal 
     under subparagraph (A)(iii)--
       [(i) the official to whom the principal is surrendered 
     shall detain the principal in custody and issue a written 
     certificate of surrender; and
       [(ii) the Secretary of Homeland Security shall immediately 
     exonerate the surety from any further liability on the bond.
       [(8) Form of bond.--Delivery bonds shall in all cases state 
     the following and be secured by a corporate surety that is 
     certified as an acceptable surety on Federal bonds and whose 
     name appears on the current Treasury Department Circular 570:
       [``(A) Breach of bond; procedure, forfeiture, notice.--
       [``(i) If a principal violates any conditions of the 
     delivery bond, or the principal is or becomes subject to a 
     final administrative order of deportation or removal, the 
     Secretary of Homeland Security shall--

       [``(I) immediately issue a warrant for the principal's 
     arrest and enter that arrest warrant into the National Crime 
     Information Center (NCIC) computerized information database;
       [``(II) order the bonding agent and surety to take the 
     principal into custody and surrender the principal to any one 
     of 10 designated Department of Homeland Security `turn-in' 
     centers located nationwide in the areas of greatest need, at 
     any time of day during 15 months after mailing the arrest 
     warrant and the order to the bonding agent and the surety as 
     required by subclause (III), and immediately enter that order 
     into the National Crime Information Center (NCIC) 
     computerized information database; and
       [``(III) mail 2 certified copies each of the arrest warrant 
     issued pursuant to subclause (I) and 2 certified copies each 
     of the order issued pursuant to subclause (II) to only the 
     bonding agent and surety via certified mail return receipt to 
     their last known addresses.

       [``(ii) Bonding agents and sureties shall immediately 
     notify the Secretary of Homeland Security of their changes of 
     address and/or telephone numbers.
       [``(iii) The Secretary of Homeland Security shall 
     establish, disseminate to bonding agents and sureties, and 
     maintain on a current basis a secure nationwide toll-free 
     list of telephone numbers of Department of Homeland Security 
     officials, including the names of such officials, that 
     bonding agents, sureties, and their employees may immediately 
     contact at any time to discuss and resolve any issue 
     regarding any principal or bond, to be known as `Points of 
     Contact'.
       [``(iv) A bonding agent or surety shall have full and 
     complete access, free of charge, to any and all information, 
     electronic or otherwise, in the care, custody, and control of 
     the United States Government or any State or local government 
     or any subsidiary or police agency thereof regarding the 
     principal that may be helpful in complying with section 105 
     of the REAL ID Act of 2005 that the Secretary of Homeland 
     Security, by regulations subject to approval by Congress, 
     determines may be helpful in locating or surrendering the 
     principal. Beyond the principal, a bonding agent or surety 
     shall not be required to disclose any information, including 
     but not limited to the arrest warrant and order, received 
     from any governmental source, any person, firm, corporation, 
     or other entity.
       [``(v) If the principal is later arrested, detained, or 
     otherwise located outside the United States and the outlying 
     possessions of the United States (as defined in section 
     101(a) of the Immigration and Nationality Act), the Secretary 
     of Homeland Security shall--

       [``(I) immediately order that the surety is completely 
     exonerated, and the bond canceled; and
       [``(II) if the Secretary of Homeland Security has issued an 
     order under clause (i), the surety may request, by written, 
     properly filed motion, reinstatement of the bond. This 
     subclause may not be construed to prevent the Secretary of 
     Homeland Security from revoking or resetting a bond at a 
     higher amount.

       [``(vi) The bonding agent or surety must--

       [``(I) during the 15 months after the date the arrest 
     warrant and order were mailed pursuant to clause (i)(III) 
     surrender the principal one time; or
       [``(II)(aa) provide reasonable evidence that producing the 
     principal was prevented--

       [``(aaa) by the principal's illness or death;
       [``(bbb) because the principal is detained in custody in 
     any city, State, country, or any political subdivision 
     thereof;
       [``(ccc) because the principal has left the United States 
     or its outlying possessions (as defined in section 101(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)); or
       [``(ddd) because required notice was not given to the 
     bonding agent or surety; and

       [``(bb) establish by affidavit that the inability to 
     produce the principal was not with the consent or connivance 
     of the bonding agent or surety.

       [``(vii) If compliance occurs more than 15 months but no 
     more than 18 months after the mailing of the arrest warrant 
     and order to the bonding agent and the surety required under 
     clause (i)(III), an amount equal to 25 percent of the face 
     amount of the bond shall be assessed as a penalty against the 
     surety.
       [``(viii) If compliance occurs more than 18 months but no 
     more than 21 months after the mailing of the arrest warrant 
     and order to the bonding agent and the surety required under 
     clause (i)(III), an amount equal to 50 percent of the face 
     amount of the bond shall be assessed as a penalty against the 
     surety.
       [``(ix) If compliance occurs more than 21 months but no 
     more than 24 months after the mailing of the arrest warrant 
     and order to the bonding agent and the surety required under 
     clause (i)(III), an amount equal to 75 percent of the face 
     amount of the bond shall be assessed as a penalty against the 
     surety.
       [``(x) If compliance occurs 24 months or more after the 
     mailing of the arrest warrant and order to the bonding agent 
     and the surety required under clause (i)(III), an amount 
     equal to 100 percent of the face amount of the bond shall be 
     assessed as a penalty against the surety.
       [``(xi) If any surety surrenders any principal to the 
     Secretary of Homeland Security at any time and place after 
     the period for compliance has passed, the Secretary of 
     Homeland Security shall cause to be issued

[[Page S3380]]

     to that surety an amount equal to 50 percent of the face 
     amount of the bond: Provided, however, That if that surety 
     owes any penalties on bonds to the United States, the amount 
     that surety would otherwise receive shall be offset by and 
     applied as a credit against the amount of penalties on bonds 
     it owes the United States, and then that surety shall receive 
     the remainder of the amount to which it is entitled under 
     this subparagraph, if any.
       [``(xii) All penalties assessed against a surety on a bond, 
     if any, shall be paid by the surety no more than 27 months 
     after the mailing of the arrest warrant and order to the 
     bonding agent and the surety required under clause (i)(III).
       [``(B) The Secretary of Homeland Security may waive 
     penalties or extend the period for payment or both, if--
       [``(i) a written request is filed with the Secretary of 
     Homeland Security; and
       [``(ii) the bonding agent or surety provides an affidavit 
     that diligent efforts were made to effect compliance of the 
     principal.
       [``(C) Compliance; exoneration; limitation of liability.--
       [``(i) Compliance.--A bonding agent or surety shall have 
     the absolute right to locate, apprehend, arrest, detain, and 
     surrender any principal, wherever he or she may be found, who 
     violates any of the terms and conditions of his or her bond.
       [``(ii) Exoneration.--Upon satisfying any of the 
     requirements of the bond, the surety shall be completely 
     exonerated.
       [``(iii) Limitation of liability.--Notwithstanding any 
     other provision of law, the total liability on any surety 
     undertaking shall not exceed the face amount of the bond.''.
       [(c) Effective Date.--The provisions of this section shall 
     take effect on the date of the enactment of this division and 
     shall apply to bonds and surety undertakings executed before, 
     on, or after the date of the enactment of this division.

     [SEC. 107. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.

       [(a) In General.--Section 236(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1226(a)(2)) is amended to read as 
     follows:
       [``(2) subject to such reasonable regulations as the 
     Secretary of Homeland Security may prescribe, shall permit 
     agents, servants, and employees of corporate sureties to 
     visit in person with individuals detained by the Secretary of 
     and, subject to section 241(a)(8), may release the alien on a 
     delivery bond of at least $10,000, with security approved by 
     the Secretary, and containing conditions and procedures 
     prescribed by section 105 of the REAL ID Act of 2005 and by 
     the Secretary, but the Secretary shall not release the alien 
     on or to his own recognizance unless an order of an 
     immigration judge expressly finds and states in a signed 
     order to release the alien to his own recognizance that the 
     alien is not a flight risk and is not a threat to the United 
     States''.
       [(b) Repeal.--Section 286(r) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(r)) is repealed.
       [(c) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this 
     division.

     [SEC. 108. DETENTION OF ALIENS DELIVERED BY BONDSMEN.

       [(a) In General.--Section 241(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(a)) is amended by adding at 
     the end the following:
       [``(8) Effect of production of alien by bondsman.--
     Notwithstanding any other provision of law, the Secretary of 
     Homeland Security shall take into custody any alien subject 
     to a final order of removal, and cancel any bond previously 
     posted for the alien, if the alien is produced within the 
     prescribed time limit by the obligor on the bond whether or 
     not the Department of Homeland Security accepts custody of 
     the alien. The obligor on the bond shall be deemed to have 
     substantially performed all conditions imposed by the terms 
     of the bond, and shall be released from liability on the 
     bond, if the alien is produced within such time limit.''.
       [(b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this 
     division and shall apply to all immigration bonds posted 
     before, on, or after such date.

    [TITLE II--IMPROVED SECURITY FOR DRIVERS' LICENSES AND PERSONAL 
                          IDENTIFICATION CARDS

     [SEC. 201. DEFINITIONS.

       [In this title, the following definitions apply:
       [(1) Driver's license.--The term ``driver's license'' means 
     a motor vehicle operator's license, as defined in section 
     30301 of title 49, United States Code.
       [(2) Identification card.--The term ``identification card'' 
     means a personal identification card, as defined in section 
     1028(d) of title 18, United States Code, issued by a State.
       [(3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       [(4) State.--The term ``State'' means a State of the United 
     States, the District of Columbia, Puerto Rico, the Virgin 
     Islands, Guam, American Samoa, the Northern Mariana Islands, 
     the Trust Territory of the Pacific Islands, and any other 
     territory or possession of the United States.

     [SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE 
                   STANDARDS FOR FEDERAL RECOGNITION.

       [(a) Minimum Standards for Federal Use.--
       [(1) In general.--Beginning 3 years after the date of the 
     enactment of this division, a Federal agency may not accept, 
     for any official purpose, a driver's license or 
     identification card issued by a State to any person unless 
     the State is meeting the requirements of this section.
       [(2) State certifications.--The Secretary shall determine 
     whether a State is meeting the requirements of this section 
     based on certifications made by the State to the Secretary of 
     Transportation. Such certifications shall be made at such 
     times and in such manner as the Secretary of Transportation, 
     in consultation with the Secretary of Homeland Security, may 
     prescribe by regulation.
       [(b) Minimum Document Requirements.--To meet the 
     requirements of this section, a State shall include, at a 
     minimum, the following information and features on each 
     driver's license and identification card issued to a person 
     by the State:
       [(1) The person's full legal name.
       [(2) The person's date of birth.
       [(3) The person's gender.
       [(4) The person's driver's license or identification card 
     number.
       [(5) A digital photograph of the person.
       [(6) The person's address of principle residence.
       [(7) The person's signature.
       [(8) Physical security features designed to prevent 
     tampering, counterfeiting, or duplication of the document for 
     fraudulent purposes.
       [(9) A common machine-readable technology, with defined 
     minimum data elements.
       [(c) Minimum Issuance Standards.--
       [(1) In general.--To meet the requirements of this section, 
     a State shall require, at a minimum, presentation and 
     verification of the following information before issuing a 
     driver's license or identification card to a person:
       [(A) A photo identity document, except that a non-photo 
     identity document is acceptable if it includes both the 
     person's full legal name and date of birth.
       [(B) Documentation showing the person's date of birth.
       [(C) Proof of the person's social security account number 
     or verification that the person is not eligible for a social 
     security account number.
       [(D) Documentation showing the person's name and address of 
     principal residence.
       [(2) Special requirements.--
       [(A) In general.--To meet the requirements of this section, 
     a State shall comply with the minimum standards of this 
     paragraph.
       [(B) Evidence of lawful status.--A State shall require, 
     before issuing a driver's license or identification card to a 
     person, valid documentary evidence that the person--
       [(i) is a citizen of the United States;
       [(ii) is an alien lawfully admitted for permanent or 
     temporary residence in the United States;
       [(iii) has conditional permanent resident status in the 
     United States;
       [(iv) has an approved application for asylum in the United 
     States or has entered into the United States in refugee 
     status;
       [(v) has a valid, unexpired nonimmigrant visa or 
     nonimmigrant visa status for entry into the United States;
       [(vi) has a pending application for asylum in the United 
     States;
       [(vii) has a pending or approved application for temporary 
     protected status in the United States;
       [(viii) has approved deferred action status; or
       [(ix) has a pending application for adjustment of status to 
     that of an alien lawfully admitted for permanent residence in 
     the United States or conditional permanent resident status in 
     the United States.
       [(C) Temporary drivers' licenses and identification 
     cards.--
       [(i) In general.--If a person presents evidence under any 
     of clauses (v) through (ix) of subparagraph (B), the State 
     may only issue a temporary driver's license or temporary 
     identification card to the person.
       [(ii) Expiration date.--A temporary driver's license or 
     temporary identification card issued pursuant to this 
     subparagraph shall be valid only during the period of time of 
     the applicant's authorized stay in the United States or, if 
     there is no definite end to the period of authorized stay, a 
     period of one year.
       [(iii) Display of expiration date.--A temporary driver's 
     license or temporary identification card issued pursuant to 
     this subparagraph shall clearly indicate that it is temporary 
     and shall state the date on which it expires.
       [(iv) Renewal.--A temporary driver's license or temporary 
     identification card issued pursuant to this subparagraph may 
     be renewed only upon presentation of valid documentary 
     evidence that the status by which the applicant qualified for 
     the temporary driver's license or temporary identification 
     card has been extended by the Secretary of Homeland Security.
       [(3) Verification of documents.--To meet the requirements 
     of this section, a State shall implement the following 
     procedures:
       [(A) Before issuing a driver's license or identification 
     card to a person, the State shall verify, with the issuing 
     agency, the issuance, validity, and completeness of each 
     document required to be presented by the person under 
     paragraph (1) or (2).
       [(B) The State shall not accept any foreign document, other 
     than an official passport, to satisfy a requirement of 
     paragraph (1) or (2).

[[Page S3381]]

       [(C) Not later than September 11, 2005, the State shall 
     enter into a memorandum of understanding with the Secretary 
     of Homeland Security to routinely utilize the automated 
     system known as Systematic Alien Verification for 
     Entitlements, as provided for by section 404 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (110 Stat. 3009-664), to verify the legal presence status of 
     a person, other than a United States citizen, applying for a 
     driver's license or identification card.
       [(d) Other Requirements.--To meet the requirements of this 
     section, a State shall adopt the following practices in the 
     issuance of drivers' licenses and identification cards:
       [(1) Employ technology to capture digital images of 
     identity source documents so that the images can be retained 
     in electronic storage in a transferable format.
       [(2) Retain paper copies of source documents for a minimum 
     of 7 years or images of source documents presented for a 
     minimum of 10 years.
       [(3) Subject each person applying for a driver's license or 
     identification card to mandatory facial image capture.
       [(4) Establish an effective procedure to confirm or verify 
     a renewing applicant's information.
       [(5) Confirm with the Social Security Administration a 
     social security account number presented by a person using 
     the full social security account number. In the event that a 
     social security account number is already registered to or 
     associated with another person to which any State has issued 
     a driver's license or identification card, the State shall 
     resolve the discrepancy and take appropriate action.
       [(6) Refuse to issue a driver's license or identification 
     card to a person holding a driver's license issued by another 
     State without confirmation that the person is terminating or 
     has terminated the driver's license.
       [(7) Ensure the physical security of locations where 
     drivers' licenses and identification cards are produced and 
     the security of document materials and papers from which 
     drivers' licenses and identification cards are produced.
       [(8) Subject all persons authorized to manufacture or 
     produce drivers' licenses and identification cards to 
     appropriate security clearance requirements.
       [(9) Establish fraudulent document recognition training 
     programs for appropriate employees engaged in the issuance of 
     drivers' licenses and identification cards.
       [(10) Limit the period of validity of all driver's licenses 
     and identification cards that are not temporary to a period 
     that does not exceed 8 years.

     [SEC. 203. LINKING OF DATABASES.

       [(a) In General.--To be eligible to receive any grant or 
     other type of financial assistance made available under this 
     title, a State shall participate in the interstate compact 
     regarding sharing of driver license data, known as the 
     ``Driver License Agreement'', in order to provide electronic 
     access by a State to information contained in the motor 
     vehicle databases of all other States.
       [(b) Requirements for Information.--A State motor vehicle 
     database shall contain, at a minimum, the following 
     information:
       [(1) All data fields printed on drivers' licenses and 
     identification cards issued by the State.
       [(2) Motor vehicle drivers' histories, including motor 
     vehicle violations, suspensions, and points on licenses.

     [SEC. 204. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN 
                   FALSE IDENTIFICATION DOCUMENTS.

       [(a) Criminal Penalty.--Section 1028(a)(8) of title 18, 
     United States Code, is amended by striking ``false 
     authentication features'' and inserting ``false or actual 
     authentication features''.
       [(b) Use of False Driver's License at Airports.--
       [(1) In general.--The Secretary shall enter, into the 
     appropriate aviation security screening database, appropriate 
     information regarding any person convicted of using a false 
     driver's license at an airport (as such term is defined in 
     section 40102 of title 49, United States Code).
       [(2) False defined.--In this subsection, the term ``false'' 
     has the same meaning such term has under section 1028(d) of 
     title 18, United States Code.

     [SEC. 205. GRANTS TO STATES.

       [(a) In General.--The Secretary may make grants to a State 
     to assist the State in conforming to the minimum standards 
     set forth in this title.
       [(b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for each of the fiscal 
     years 2005 through 2009 such sums as may be necessary to 
     carry out this title.

     [SEC. 206. AUTHORITY.

       [(a) Participation of Secretary of Transportation and 
     States.--All authority to issue regulations, set standards, 
     and issue grants under this title shall be carried out by the 
     Secretary, in consultation with the Secretary of 
     Transportation and the States.
       [(b) Compliance With Standards.--All authority to certify 
     compliance with standards under this title shall be carried 
     out by the Secretary of Transportation, in consultation with 
     the Secretary of Homeland Security and the States.
       [(c) Extensions of Deadlines.--The Secretary may grant to a 
     State an extension of time to meet the requirements of 
     section 202(a)(1) if the State provides adequate 
     justification for noncompliance.

     [SEC. 207. REPEAL.

       [Section 7212 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458) is repealed.

     [SEC. 208. LIMITATION ON STATUTORY CONSTRUCTION.

       [Nothing in this title shall be construed to affect the 
     authorities or responsibilities of the Secretary of 
     Transportation or the States under chapter 303 of title 49, 
     United States Code.

      [TITLE III--BORDER INFRASTRUCTURE AND TECHNOLOGY INTEGRATION

     [SEC. 301. VULNERABILITY AND THREAT ASSESSMENT.

       [(a) Study.--The Under Secretary of Homeland Security for 
     Border and Transportation Security, in consultation with the 
     Under Secretary of Homeland Security for Science and 
     Technology and the Under Secretary of Homeland Security for 
     Information Analysis and Infrastructure Protection, shall 
     study the technology, equipment, and personnel needed to 
     address security vulnerabilities within the United States for 
     each field office of the Bureau of Customs and Border 
     Protection that has responsibility for any portion of the 
     United States borders with Canada and Mexico. The Under 
     Secretary shall conduct follow-up studies at least once every 
     5 years.
       [(b) Report to Congress.--The Under Secretary shall submit 
     a report to Congress on the Under Secretary's findings and 
     conclusions from each study conducted under subsection (a) 
     together with legislative recommendations, as appropriate, 
     for addressing any security vulnerabilities found by the 
     study.
       [(c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Department of Homeland Security 
     Directorate of Border and Transportation Security such sums 
     as may be necessary for fiscal years 2006 through 2011 to 
     carry out any such recommendations from the first study 
     conducted under subsection (a).

     [SEC. 302. USE OF GROUND SURVEILLANCE TECHNOLOGIES FOR BORDER 
                   SECURITY.

       [(a) Pilot Program.--Not later than 180 days after the date 
     of the enactment of this division, the Under Secretary of 
     Homeland Security for Science and Technology, in consultation 
     with the Under Secretary of Homeland Security for Border and 
     Transportation Security, the Under Secretary of Homeland 
     Security for Information Analysis and Infrastructure 
     Protection, and the Secretary of Defense, shall develop a 
     pilot program to utilize, or increase the utilization of, 
     ground surveillance technologies to enhance the border 
     security of the United States. In developing the program, the 
     Under Secretary shall--
       [(1) consider various current and proposed ground 
     surveillance technologies that could be utilized to enhance 
     the border security of the United States;
       [(2) assess the threats to the border security of the 
     United States that could be addressed by the utilization of 
     such technologies; and
       [(3) assess the feasibility and advisability of utilizing 
     such technologies to address such threats, including an 
     assessment of the technologies considered best suited to 
     address such threats.
       [(b) Additional Requirements.--
       [(1) In general.--The pilot program shall include the 
     utilization of a variety of ground surveillance technologies 
     in a variety of topographies and areas (including both 
     populated and unpopulated areas) on both the northern and 
     southern borders of the United States in order to evaluate, 
     for a range of circumstances--
       [(A) the significance of previous experiences with such 
     technologies in homeland security or critical infrastructure 
     protection for the utilization of such technologies for 
     border security;
       [(B) the cost, utility, and effectiveness of such 
     technologies for border security; and
       [(C) liability, safety, and privacy concerns relating to 
     the utilization of such technologies for border security.
       [(2) Technologies.--The ground surveillance technologies 
     utilized in the pilot program shall include the following:
       [(A) Video camera technology.
       [(B) Sensor technology.
       [(C) Motion detection technology.
       [(c) Implementation.--The Under Secretary of Homeland 
     Security for Border and Transportation Security shall 
     implement the pilot program developed under this section.
       [(d) Report.--Not later than 1 year after implementing the 
     pilot program under subsection (a), the Under Secretary shall 
     submit a report on the program to the Senate Committee on 
     Commerce, Science, and Transportation, the House of 
     Representatives Committee on Science, the House of 
     Representatives Committee on Homeland Security, and the House 
     of Representatives Committee on the Judiciary. The Under 
     Secretary shall include in the report a description of the 
     program together with such recommendations as the Under 
     Secretary finds appropriate, including recommendations for 
     terminating the program, making the program permanent, or 
     enhancing the program.

     [SEC. 303. ENHANCEMENT OF COMMUNICATIONS INTEGRATION AND 
                   INFORMATION SHARING ON BORDER SECURITY.

       [(a) In General.--Not later than 180 days after the date of 
     the enactment of this division, the Secretary of Homeland 
     Security,

[[Page S3382]]

     acting through the Under Secretary of Homeland Security for 
     Border and Transportation Security, in consultation with the 
     Under Secretary of Homeland Security for Science and 
     Technology, the Under Secretary of Homeland Security for 
     Information Analysis and Infrastructure Protection, the 
     Assistant Secretary of Commerce for Communications and 
     Information, and other appropriate Federal, State, local, and 
     tribal agencies, shall develop and implement a plan--
       [(1) to improve the communications systems of the 
     departments and agencies of the Federal Government in order 
     to facilitate the integration of communications among the 
     departments and agencies of the Federal Government and State, 
     local government agencies, and Indian tribal agencies on 
     matters relating to border security; and
       [(2) to enhance information sharing among the departments 
     and agencies of the Federal Government, State and local 
     government agencies, and Indian tribal agencies on such 
     matters.
       [(b) Report.--Not later than 1 year after implementing the 
     plan under subsection (a), the Secretary shall submit a copy 
     of the plan and a report on the plan, including any 
     recommendations the Secretary finds appropriate, to the 
     Senate Committee on Commerce, Science, and Transportation, 
     the House of Representatives Committee on Science, the House 
     of Representatives Committee on Homeland Security, and the 
     House of Representatives Committee on the Judiciary.]
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2005, and for other purposes, namely:

                TITLE I--DEFENSE-RELATED APPROPRIATIONS

                               CHAPTER 1

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $13,609,308,000: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $535,108,000: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $1,358,053,000: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $1,684,943,000: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                        Reserve Personnel, Army

       For an additional amount for ``Reserve Personnel, Army'', 
     $39,627,000: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                        Reserve Personnel, Navy

       For an additional amount for ``Reserve Personnel, Navy'', 
     $9,411,000: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                    Reserve Personnel, Marine Corps

       For an additional amount for ``Reserve Personnel, Marine 
     Corps'', $4,015,000: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                      Reserve Personnel, Air Force

       For an additional amount for ``Reserve Personnel, Air 
     Force'', $130,000: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $291,100,000: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                  National Guard Personnel, Air Force

       For an additional amount for ``National Guard Personnel, 
     Air Force'', $91,000: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $16,767,304,000: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                    Operation and Maintenance, Navy

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $3,430,801,000: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $970,464,000: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $5,528,574,000: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $3,308,392,000, of which--
       (1) not to exceed $25,000,000 may be used for the Combatant 
     Commander Initiative Fund, to be used in support of Operation 
     Iraqi Freedom and Operation Enduring Freedom; and
       (2) up to $1,370,000,000, to remain available until 
     expended, may be used for payments to reimburse Pakistan, 
     Jordan, and other key cooperating nations, for logistical, 
     military, and other support provided, or to be provided, to 
     United States military operations, notwithstanding any other 
     provision of law: Provided, That such payments may be made in 
     such amounts as the Secretary of Defense, with the 
     concurrence of the Secretary of State, and in consultation 
     with the Director of the Office of Management and Budget, may 
     determine, in his discretion, based on documentation 
     determined by the Secretary of Defense to adequately account 
     for the support provided, and such determination is final and 
     conclusive upon the accounting officers of the United States, 
     and 15 days following notification to the appropriate 
     congressional committees: Provided further, That the 
     Secretary of Defense shall provide quarterly reports to the 
     congressional defense committees on the use of funds provided 
     in this paragraph: Provided further, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $21,354,000: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $75,164,000: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $24,920,000: Provided, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $326,879,000: Provided, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                    Afghanistan Security Forces Fund


                     (Including Transfer of Funds)

       For the ``Afghanistan Security Forces Fund'', 
     $1,285,000,000, to remain available until September 30, 2006: 
     Provided, That such funds shall be available to the Secretary 
     of Defense, notwithstanding any other provision of law, for 
     the purpose of allowing the Commander, Combined Forces 
     Command--Afghanistan, or the Secretary's designee to provide 
     assistance, with the concurrence of the Secretary of State, 
     to the security forces of Afghanistan including the provision 
     of equipment, supplies, services, training, facility and 
     infrastructure repair, renovation, and construction: Provided 
     further, That the authority to provide assistance under this 
     section is in addition to any other authority to provide 
     assistance to foreign nations: Provided further, That the 
     Secretary of Defense may transfer the funds provided herein 
     to appropriations for military personnel; operation and 
     maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
     procurement; research, development, test and evaluation; and 
     defense working capital funds to accomplish the purposes 
     provided herein: Provided further, That this transfer 
     authority is in addition to any other transfer authority 
     available to the Department of Defense: Provided further, 
     That upon a determination that all or part of the funds so 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation: Provided further, That of the 
     amounts provided under this heading, $290,000,000 shall be 
     transferred to

[[Page S3383]]

     ``Operation and Maintenance, Army'' to reimburse the 
     Department of the Army for costs incurred to train, equip and 
     provide related assistance to Afghan security forces: 
     Provided further, That contributions of funds for the 
     purposes provided herein from any person, foreign government, 
     or international organization may be credited to this Fund, 
     and used for such purposes: Provided further, That the 
     Secretary shall notify the congressional defense committees 
     in writing upon the receipt and upon the transfer of any 
     contribution delineating the sources and amounts of the funds 
     received and the specific use of such contributions: Provided 
     further, That the Secretary of Defense shall, not fewer than 
     5 days prior to making transfers from this appropriation, 
     notify the congressional defense committees in writing of the 
     details of any such transfer: Provided further, That the 
     Secretary shall submit a report no later than 30 days after 
     the end of each fiscal quarter to the congressional defense 
     committees summarizing the details of the transfer of funds 
     from this appropriation: Provided further, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                       Iraq Security Forces Fund


                     (Including Transfer of Funds)

       For the ``Iraq Security Forces Fund'', $5,700,000,000, to 
     remain available until September 30, 2006: Provided, That 
     such funds shall be available to the Secretary of Defense, 
     notwithstanding any other provision of law, for the purpose 
     of allowing the Commander, Multi-National Security Transition 
     Command--Iraq, or the Secretary's designee to provide 
     assistance, with the concurrence of the Secretary of State, 
     to the security forces of Iraq including the provision of 
     equipment, supplies, services, training, facility and 
     infrastructure repair, renovation, and construction: Provided 
     further, That the authority to provide assistance under this 
     section is in addition to any other authority to provide 
     assistance to foreign nations: Provided further, That the 
     Secretary of Defense may transfer the funds provided herein 
     to appropriations for military personnel; operation and 
     maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
     procurement; research, development, test and evaluation; and 
     defense working capital funds to accomplish the purposes 
     provided herein: Provided further, That this transfer 
     authority is in addition to any other transfer authority 
     available to the Department of Defense: Provided further, 
     That upon a determination that all or part of the funds so 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation: Provided further, That of the 
     amounts provided under this heading, $210,000,000 shall be 
     transferred to ``Operation and Maintenance, Army'' to 
     reimburse the Department of the Army for costs incurred to 
     train, equip, and provide related assistance to Iraqi 
     security forces: Provided further, That contributions of 
     funds for the purposes provided herein from any person, 
     foreign government, or international organization may be 
     credited to this Fund, and used for such purposes: Provided 
     further, That the Secretary shall notify the congressional 
     defense committees in writing upon the receipt and upon the 
     transfer of any contribution delineating the sources and 
     amounts of the funds received and the specific use of such 
     contributions: Provided further, That, notwithstanding any 
     other provision of law, from funds made available under this 
     heading, $99,000,000 shall be used to provide assistance to 
     the Government of Jordan to establish a regional training 
     center designed to provide comprehensive training programs 
     for regional military and security forces and military and 
     civilian officials, to enhance the capability of such forces 
     and officials to respond to existing and emerging security 
     threats in the region: Provided further, That assistance 
     authorized by the preceding proviso may include the provision 
     of facilities, equipment, supplies, services and training: 
     Provided further, That the Secretary of Defense shall, not 
     fewer than 5 days prior to making transfers from this 
     appropriation, notify the congressional defense committees in 
     writing of the details of any such transfer: Provided 
     further, That the Secretary shall submit a report no later 
     than 30 days after the end of each fiscal quarter to the 
     congressional defense committees summarizing the details of 
     the transfer of funds from this appropriation: Provided 
     further, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $458,677,000, to remain available until September 30, 
     2007: Provided, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                       Missile Procurement, Army

       For an additional amount for ``Missile Procurement, Army'', 
     $280,250,000, to remain available until September 30, 2007: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $2,406,447,000, to remain 
     available until September 30, 2007: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $475,000,000, to remain available until September 30, 
     2007: Provided, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $5,322,905,000, to remain available until September 30, 2007: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $200,295,000, to remain available until September 30, 
     2007: Provided, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                       Weapons Procurement, Navy

       For an additional amount for ``Weapons Procurement, Navy'', 
     $66,000,000, to remain available until September 30, 2007: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

            Procurement of Ammunition, Navy and Marine Corps

       For an additional amount for ``Procurement of Ammunition, 
     Navy and Marine Corps'', $133,635,000, to remain available 
     until September 30, 2007: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $78,397,000, to remain available until September 30, 2007: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $2,929,045,000, to remain available until September 30, 2007: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $269,309,000, to remain available until September 
     30, 2007: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                  Procurement of Ammunition, Air Force

       For an additional amount for ``Procurement of Ammunition, 
     Air Force'', $6,998,000, to remain available until September 
     30, 2007: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $2,653,760,000, to remain available until September 
     30, 2007: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $591,327,000, to remain available until September 30, 2007: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Army'', $37,170,000, to remain available 
     until September 30, 2006: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $179,051,000, to remain available 
     until September 30, 2006: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $132,540,000, to remain 
     available until September 30, 2006: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

[[Page S3384]]

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $203,561,000, to remain 
     available until September 30, 2006: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For an additional amount for ``Defense Working Capital 
     Funds'', $1,311,300,000: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                     National Defense Sealift Fund

       For an additional amount for ``National Defense Sealift 
     Fund'', $32,400,000, to remain available until expended: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $225,550,000 for Operation and maintenance: Provided, That 
     the amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

         Drug Interdiction and Counter-Drug Activities, Defense


                     (Including Transfer of Funds)

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $227,000,000: Provided, 
     That these funds may be used only for such activities related 
     to Afghanistan and Pakistan: Provided further, That the 
     Secretary of Defense may transfer the funds provided herein 
     only to appropriations for military personnel; operation and 
     maintenance; and procurement: Provided further, That the 
     funds transferred shall be merged with and be available for 
     the same purposes and for the same time period, as the 
     appropriation to which transferred: Provided further, That 
     the transfer authority provided in this paragraph is in 
     addition to any other transfer authority available to the 
     Department of Defense: Provided further, That upon a 
     determination that all or part of the funds transferred from 
     this appropriation are not necessary for the purposes 
     provided herein, such amounts may be transferred back to this 
     appropriation: Provided further, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                    Office of the Inspector General

       For an additional amount for ``Office of the Inspector 
     General'', $148,000: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                             RELATED AGENCY

               Intelligence Community Management Account

       For an additional amount for ``Intelligence Community 
     Management Account'', $89,300,000, of which $20,000,000 is to 
     remain available until September 30, 2006: Provided, That the 
     amounts provided under this heading are designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                    GENERAL PROVISIONS, THIS CHAPTER


                       Special Transfer Authority

                          (transfer of funds)

       Sec. 1101. Upon his determination that such action is 
     necessary in the national interest, the Secretary of Defense 
     may transfer between appropriations up to $2,000,000,000 of 
     the funds made available to the Department of Defense in this 
     Act: Provided, That the Secretary shall notify the Congress 
     promptly of each transfer made pursuant to this authority: 
     Provided further, That the transfer authority provided in 
     this section is in addition to any other transfer authority 
     available to the Department of Defense: Provided further, 
     That the authority in this section is subject to the same 
     terms and conditions as the authority provided in section 
     8005 of the Department of Defense Appropriations Act, 2005, 
     except for the fourth proviso: Provided further, That the 
     amount made available by the transfer of funds in or pursuant 
     to this section is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).


                       General Transfer Authority

                          (transfer of funds)

       Sec. 1102. Section 8005 of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 969), 
     is amended by striking ``$3,500,000,000'' and inserting in 
     lieu thereof ``$5,685,000,000'': Provided, That the amount 
     made available by the transfer of funds in or pursuant to 
     this section is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).


                        Counter-Drug Activities

       Sec. 1103. (a) Authority to Provide Support.--Of the amount 
     appropriated under the heading, ``Drug Interdiction and 
     Counter-Drug Activities, Defense'' in this Act, not to exceed 
     $40,000,000 may be made available for the provision of 
     support for counter-drug activities of the Governments of 
     Afghanistan and Pakistan: Provided, That such support shall 
     be provided in addition to support provided for the counter-
     drug activities of said Government under any other provision 
     of law.
       (b) Types of Support.--
       (1) Except as specified in subsections (b)(2) and (b)(3) of 
     this section, the support that may be provided under the 
     authority in this section shall be limited to the types of 
     support specified in section 1033(c)(1) of the National 
     Defense Authorization Act for Fiscal Year 1998 (Public Law 
     105-85, as amended by Public Law 106-398 and Public Law 108-
     136) and conditions on the provision of support as contained 
     in section 1033 shall apply for fiscal year 2005.
       (2) The Secretary of Defense may transfer vehicles, 
     aircraft, and detection, interception, monitoring and testing 
     equipment to said Governments for counter-drug activities.
       (3) For the Governments of Afghanistan and Pakistan, the 
     Secretary of Defense may also provide individual and crew-
     served weapons, and ammunition for counter-drug security 
     forces.


                  Extraordinary and Emergency Expenses

       Sec. 1104. Under the heading, ``Operation and Maintenance, 
     Defense-Wide'', in title II of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287), strike 
     ``$32,000,000'' and insert ``$43,000,000''.


                            Advance Billing

       Sec. 1105. Notwithstanding section 2208(l) of title 10, 
     United States Code, during the current fiscal year working 
     capital funds of the Department of Defense may utilize 
     advance billing in a total amount not to exceed 
     $1,500,000,000.


                     Weapons Purchase and Disposal

       Sec. 1106. Notwithstanding any other provision of law, from 
     funds made available in this Act to the Department of Defense 
     under ``Operation and Maintenance, Defense-Wide'', not to 
     exceed $10,000,000 may be used to purchase and dispose of 
     weapons from any person, foreign government, international 
     organization or other entity, for the purpose of protecting 
     U.S. forces overseas: Provided, That the Secretary of Defense 
     shall provide quarterly reports to the congressional defense 
     committees regarding the purchase and disposal of weapons 
     under this section.


                 Commander's Emergency Response Program

       Sec. 1107. Section 1201(a) of the Ronald W. Reagan National 
     Defense Authorization Act for Fiscal Year 2005 (Public Law 
     108-375), as amended by section 102, title I, division J, 
     Consolidated Appropriations Act, 2005 (Public Law 108-447), 
     is further amended by striking ``$500,000,000'' and inserting 
     ``$854,000,000''.


                           Classified Program

       Sec. 1108. Section 8090(b) of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287), is amended by 
     striking ``$185,000,000'' and inserting ``$210,000,000''.


            Office of the Director of National Intelligence

       Sec. 1109. Section 1096(b) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458), is 
     amended--
       (1) by striking ``in the fiscal year after the effective 
     date of this Act'' and inserting in lieu thereof ``in the 
     fiscal years 2005 and 2006''; and
       (2) in paragraph (1) by striking ``500 new personnel 
     billets'' and inserting in lieu thereof ``the total of 500 
     new personnel positions''.


                       Reserve Affiliation Bonus

       Sec. 1110. Notwithstanding subsection (c) of section 308e 
     of title 37, United States Code, the maximum amount of the 
     bonus paid to a member of the Armed Forces pursuant to a 
     reserve affiliation agreement entered into under such section 
     during fiscal year 2005 shall not exceed $10,000, and the 
     Secretary of Defense and the Secretary of Homeland Security, 
     with respect to the Coast Guard, may prescribe regulations 
     under subsection (f) of such section to modify the method by 
     which bonus payments are made under reserve affiliation 
     agreements entered into during such fiscal year.


                  Servicemembers' Group Life Insurance

       Sec. 1111. Servicemembers' Group Life Insurance 
     Enhancements. (a) Increased Maximum Amount Under 
     Servicemembers' Group Life Insurance.--Section 1967 of title 
     38, United States Code, is amended--
       (1) in subsection (a)(3)(A), by striking clause (i) and 
     inserting the following new clause:
       ``(i) In the case of a member--
       ``(I) $400,000 or such lesser amount as the member may 
     elect;
       ``(II) in the case of a member covered by subsection (e), 
     the amount provided for or elected by the member under 
     subclause (I) plus the additional amount of insurance 
     provided for the member by subsection (e); or
       ``(III) in the case of a member covered by subsection (e) 
     who has made an election under paragraph (2)(A) not to be 
     insured under this subchapter, the amount of insurance 
     provided for the member by subsection (e).''; and
       (2) in subsection (d), by striking ``$250,000'' and 
     inserting ``$400,000''.
       (b) Additional Amount for Members Serving in Certain Areas 
     or Operations.--
       (1) Increased amount.--Section 1967 of such title is 
     further amended--
       (A) by redesignating subsection (e) as subsection (f); and
       (B) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e)(1) A member covered by this subsection is any member 
     as follows:
       ``(A) Any member who dies as a result of one or more 
     wounds, injuries, or illnesses incurred while serving in an 
     operation or area that the Secretary designates, in writing, 
     as a combat operation or a zone of combat, respectively, for 
     purposes of this subsection.

[[Page S3385]]

       ``(B) Any member who formerly served in an operation or 
     area so designated and whose death is determined (under 
     regulations prescribed by the Secretary of Defense) to be the 
     direct result of injury or illness incurred or aggravated 
     while so serving.
       ``(2) The additional amount of insurance under this 
     subchapter that is provided for a member by this subsection 
     is $150,000, except that in a case in which the amount 
     provided for or elected by the member under subclause (I) of 
     subsection (a)(3)(A) exceeds $250,000, the additional amount 
     of insurance under this subchapter that is provided for the 
     member by this subsection shall be reduced to such amount as 
     is necessary to comply with the limitation in paragraph (3).
       ``(3) The total amount of insurance payable for a member 
     under this subchapter may not exceed $400,000.
       ``(4) While a member is serving in an operation or area 
     designated as described in paragraph (1), the cost of 
     insurance of the member under this subchapter that is 
     attributable to $150,000 of insurance coverage shall be 
     contributed as provided in section 1969(b)(2) of this title 
     and may not be deducted or withheld from the member's pay.''.
       (2) Funding.--Section 1969(b) of such title is amended--
       (A) by inserting ``(1)'' after ``(b)''; and
       (B) by adding at the end the following new paragraph:
       ``(2) For each month for which a member insured under this 
     subchapter is serving in an operation or area designated as 
     described by paragraph (1)(A) of section 1967(e) of this 
     title, there shall be contributed from the appropriation made 
     for active duty pay of the uniformed service concerned an 
     amount determined by the Secretary and certified to the 
     Secretary concerned to be the cost of Servicemembers' Group 
     Life Insurance which is traceable to the cost of providing 
     insurance for the member under section 1967 of this title in 
     the amount of $150,000.''.
       (c) Conforming Amendment.--Section 1967(a)(2)(A) of such 
     title is amended by inserting before the period at the end 
     the following: ``, except for insurance provided under 
     paragraph (3)(A)(i)(III)''.
       (d) Coordination With VGLI.--Section 1977(a) of such title 
     is amended--
       (1) by striking ``$250,000'' each place it appears and 
     inserting ``$400,000''; and
       (2) by adding at the end of paragraph (1) the following new 
     sentence: ``Any additional amount of insurance provided a 
     member under section 1967(e) of this title may not be treated 
     as an amount for which Veterans' Group Life Insurance shall 
     be issued under this section.''.
       (e) Requirements Regarding Elections of Members to Reduce 
     or Decline Insurance.--Section 1967(a) of such title is 
     further amended--
       (1) in paragraph (2), by adding at the end the following 
     new subparagraph:
       ``(C) Pursuant to regulations prescribed by the Secretary 
     of Defense, notice of an election of a member not to be 
     insured under this subchapter, or to be insured under this 
     subchapter in an amount less than the maximum amount provided 
     under paragraph (3)(A)(i)(I), shall be provided to the spouse 
     of the member.''; and
       (2) in paragraph (3)--
       (A) in the matter preceding clause (i), by striking ``and 
     (C)'' and inserting ``, (C), and (D)''; and
       (B) by adding at the end the following new subparagraphs:
       ``(D) A member with a spouse may not elect not to be 
     insured under this subchapter, or to be insured under this 
     subchapter in an amount less than the maximum amount provided 
     under subparagraph (A)(i)(I), without the written consent of 
     the spouse.''.
       (f) Requirement Regarding Redesignation of Beneficiaries.--
     Section 1970 of such title is amended by adding at the end 
     the following new subsection:
       ``(j) A member with a spouse may not modify the beneficiary 
     or beneficiaries designated by the member under subsection 
     (a) without the written consent of the spouse.''.
       (g) Effective Date.--This section and the amendments made 
     by this section shall take effect on the first day of the 
     first month that begins more than 90 days after the date of 
     the enactment of this Act.
       (h) Termination.--The amendments made by this section shall 
     terminate on September 30, 2005. Effective on October 1, 
     2005, the provisions of sections 1967, 1969, 1970, and 1977 
     of title 38, United States Code, as in effect on the date 
     before the date of the enactment of this Act shall be 
     revived.


                             Death Gratuity

       Sec. 1112. Death Gratuity Enhancements. (a) Deaths From 
     Combat-Related Causes or Causes Incurred in Designated 
     Operations or Areas.--
       (1) Amount.--Section 1478 of title 10, United States Code, 
     is amended--
       (A) in subsection (a), by inserting ``, except as provided 
     in subsection (c)'' after ``$12,000'';
       (B) by redesignating subsection (c) as subsection (d); and
       (C) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) The death gratuity payable under sections 1475 
     through 1477 of this title is $100,000 (as adjusted under 
     subsection (d)) in the case of a death resulting from wounds, 
     injuries, or illnesses that are--
       ``(1) incurred as described in section 1413a(e)(2) of this 
     title; or
       ``(2) incurred in an operation or area designated as a 
     combat operation or a combat zone, respectively, by the 
     Secretary of Defense under section 1967(e)(1)(A) of title 
     38.''.
       (2) Increases consistent with increases in rates of basic 
     pay.--Subsection (d) of such section, as redesignated by 
     paragraph (1)(B), is further amended by striking ``amount of 
     the death gratuity in effect under subsection (a)'' and 
     inserting ``amounts of the death gratuities in effect under 
     subsections (a) and (c)''.
       (3) Conforming amendment.--Subsection (a) of such section, 
     as amended by paragraph (1), is further amended by striking 
     ``(as adjusted under subsection (c))'' and inserting ``(as 
     adjusted under subsection (d))''.
       (4) Effective date; termination.--
       (A) The amendments made by this subsection shall take 
     effect on the date of the enactment of this Act.
       (B) The amendments made by this subsection shall terminate 
     on September 30, 2005. Effective as of October 1, 2005, the 
     provisions of section 1478 of title 10, United States Code, 
     as in effect on the date before the date of the enactment of 
     this Act shall be revived.
       (b) Additional Gratuity for Deaths Before Effective Date.--
       (1) Requirement to pay additional gratuity.--
       (A) In the case of a member of the Armed Forces described 
     in subparagraph (B), the Secretary of the military department 
     concerned shall pay a death gratuity in accordance with this 
     subsection that is in addition to the death gratuity payable 
     in the case of such death under sections 1475 through 1477 of 
     title 10, United States Code.
       (B) The requirements of this subsection apply in the case 
     of a member of the Armed Forces who died before the date of 
     the enactment of this Act as a direct result of one or more 
     wounds, injuries, or illnesses that--
       (i) were incurred in the theater of operations of Operation 
     Enduring Freedom or Operation Iraqi Freedom; or
       (ii) were incurred as described in section 1413a(e)(2) of 
     title 10, United States Code, on or after October 7, 2001.
       (2) Amount.--The amount of the additional death gratuity is 
     $238,000.
       (3) Beneficiaries.--The beneficiary or beneficiaries who 
     are entitled under section 1477 of title 10, United States 
     Code, to receive payment of the regular military death 
     gratuity in the case of the death of a member referred to in 
     paragraph (2) shall be entitled to receive the additional 
     death gratuity payable in such case. If there are two or more 
     such beneficiaries, the portion of the total amount of the 
     additional death gratuity payable to a beneficiary in such 
     case shall be the amount that bears the same ratio to the 
     total amount of the additional death gratuity under paragraph 
     (2) as the amount of the share of the regular military death 
     gratuity payable to that beneficiary bears to the total 
     amount of the regular military death gratuity payable to all 
     such beneficiaries in such case.
       (4) Definitions.--In this subsection:
       (A) The term ``additional death gratuity'' means the death 
     gratuity provided under paragraph (1).
       (B) The term ``regular military death gratuity'', means a 
     death gratuity payable under sections 1475 through 1477 of 
     title 10 United States Code.


                 Intelligence Activities Authorization

       Sec. 1113. Funds appropriated in this Act, or made 
     available by the transfer of funds in or pursuant to this 
     Act, for intelligence activities are deemed to be 
     specifically authorized by the Congress for purposes of 
     section 504 of the National Security Act of 1947 (50 U.S.C. 
     414).


                   Prohibition of New Start Programs

       Sec. 1114. (a) None of the funds provided in this chapter 
     may be used to finance programs or activities denied by 
     Congress in fiscal year 2005 appropriations to the Department 
     of Defense or to initiate a procurement or research, 
     development, test and evaluation new start program without 
     prior notification to the congressional defense committees.
       (b) Notwithstanding subsection (a) of this section, the 
     Department of the Army may use funds made available in this 
     Act under the heading, ``Procurement of Ammunition, Army'' to 
     procure ammunition and accessories therefor that have a 
     standard-type classification, under Army regulations 
     pertaining to the acceptability of materiel for use, and that 
     are the same as other ammunition and accessories therefor 
     that have been procured with funds made available under such 
     heading in past appropriations Acts for the Department of 
     Defense, only for 25 mm high explosive rounds for M2 Bradley 
     Fighting Vehicles, 120 mm multi-purpose anti-tank and 
     obstacle reduction rounds for M1 Abrams tanks, L410 aircraft 
     countermeasure flares, 81 mm mortar red phosphorous smoke 
     rounds, MD73 impulse cartridge for aircraft flares, and 20 mm 
     high explosive rounds for C-RAM, whose stocks have been 
     depleted and must be replenished for continuing operations of 
     the Department of the Army.


                   Chemical Weapons Demilitarization

       Sec. 1115. (a)(1) Notwithstanding section 917 of Public Law 
     97-86, as amended, of the funds appropriated or otherwise 
     made available by the Department of Defense Appropriations 
     Act, 2005 (Public Law 108-287), the Military Construction 
     Appropriations and Emergency Hurricane Supplemental 
     Appropriations Act, 2005 (Public Law 108-324), and other Acts 
     for the purpose of the destruction of the United States 
     stockpile of lethal chemical agents and munitions at Blue 
     Grass Army Depot, Kentucky, and Pueblo Chemical Depot, 
     Colorado, that had not been obligated as of March 15, 2005, 
     shall remain available for obligation solely for such purpose 
     and shall be made available not later than 30 days after the 
     date of the enactment of this Act to the Program Manager for 
     Assembled Chemical Weapons Alternatives for activities 
     related to such purpose at Blue Grass Army Depot, Kentucky, 
     and Pueblo Chemical Depot, Colorado.
       (2) The amount of funds appropriated or otherwise made 
     available by the Department of Defense Appropriations Act, 
     2005, the Military

[[Page S3386]]

     Construction Appropriations and Emergency Hurricane 
     Supplemental Appropriations Act, 2005, and other Acts for the 
     purpose of the destruction of the United States stockpile of 
     lethal chemical agents and munitions at Blue Grass Army 
     Depot, Kentucky, and Pueblo Chemical Depot, Colorado, that 
     had not been obligated or expended as of March 15, 2005, is 
     $372,280,000.
       (3) Of the funds made available to the Program Manager 
     under paragraph (1), not less than $100,000,000 shall be 
     obligated by the Program Manager not later than 120 days 
     after the date of the enactment of this Act.
       (b)(1) Notwithstanding section 917 of Public Law 97-86, as 
     amended, none of the funds appropriated or otherwise made 
     available by the Department of Defense Appropriations Act, 
     2005, the Military Construction Appropriations and Emergency 
     Hurricane Supplemental Appropriations Act, 2005, and other 
     Acts for the purpose of the destruction of the United States 
     stockpile of lethal chemical agents and munitions at Blue 
     Grass Army Depot, Kentucky, and Pueblo Chemical Depot, 
     Colorado, may be deobligated, transferred, or reprogrammed 
     out of the Assembled Chemical Weapons Alternatives Program.
       (2) The amount appropriated or otherwise made available by 
     the Department of Defense Appropriations Act, 2005, the 
     Military Construction Appropriations and Emergency Hurricane 
     Supplemental Appropriations Act, 2005, and other Acts for the 
     purpose of the destruction of the United States stockpile of 
     lethal chemical agents and munitions at Blue Grass Army 
     Depot, Kentucky, and Pueblo Chemical Depot, Colorado, is 
     $813,440,000.
       (c) No funds appropriated or otherwise made available to 
     the Secretary of Defense under this Act or any other Act may 
     be obligated or expended to finance directly or indirectly 
     any study related to the transportation of chemical weapons 
     across State lines.


                  Philadelphia Regional Port Authority

       Sec. 1116. Section 115 of division H of Public Law 108-199 
     is amended by striking all after ``made available'' and 
     substituting ``, notwithstanding section 2218(c)(1) of title 
     10, United States Code, for a grant to Philadelphia Regional 
     Port Authority, to be used solely for the purpose of 
     construction, by and for a Philadelphia-based company 
     established to operate high-speed, advanced-design vessels 
     for the transport of high-value, time-sensitive cargoes in 
     the foreign commerce of the United States, of a marine cargo 
     terminal and IT network for high-speed commercial vessels 
     that is capable of supporting military sealift 
     requirements.''.


                Continuity of Government Transportation

       Sec. 1117. Notwithstanding any other provision of the law, 
     to facilitate the continuity of Government, during fiscal 
     year 2005, no more than 11 officers and employees of the 
     Executive Office of the President may be transported between 
     their residence and place of employment on passenger carriers 
     owned or leased by the Federal Government.


                         LPD-17 COST ADJUSTMENT

                          (TRANSFER OF FUNDS)

       Sec. 1118. Upon enactment of this Act, the Secretary of 
     Defense shall make the following transfer of funds: Provided, 
     That funds so transferred shall be merged with and shall be 
     available for the same purpose and for the same time period 
     as the appropriation to which transferred: Provided further, 
     That the amounts shall be transferred between the following 
     appropriations in the amounts specified:
       From:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2005/2009'':
       LCU (X), $19,000,000;
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1996/2008'':
       LPD-17, $19,000,000:
     Provided further, That the amount made available by the 
     transfer of funds in or pursuant to this section is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).


  PROHIBITION ON COMPETITION OF THE NEXT GENERATION DESTROYER (DD(X))

       Sec. 1119. (a) No funds appropriated or otherwise made 
     available by this Act, or by any other Act, may be obligated 
     or expended to prepare for, conduct, or implement a strategy 
     for the acquisition of the next generation destroyer (DD(X)) 
     program through a winner-take-all strategy.
       (b) Winner-take-all Strategy Defined.--In this section, the 
     term ``winner-take-all strategy'', with respect to the 
     acquisition of destroyers under the next generation destroyer 
     program, means the acquisition (including design and 
     construction) of such destroyers through a single shipyard.


                              CIVILIAN PAY

       Sec. 1120. None of the funds appropriated to the Department 
     of Defense by this Act or any other Act for fiscal year 2005 
     or any other fiscal year may be expended for any pay raise 
     granted on or after January 1, 2005 that is implemented in a 
     manner that provides a greater increase for non-career 
     employees than for career employees on the basis of their 
     status as career or non-career employees, unless specifically 
     authorized by law: Provided, That this provision shall be 
     implemented for fiscal year 2005 without regard to the 
     requirements of section 5383 of title 5, United States Code: 
     Provided further, That no employee of the Department of 
     Defense shall have his or her pay reduced for the purpose of 
     complying with the requirements of this provision.


                    INDUSTRIAL MOBILIZATION CAPACITY

       Sec. 1121. Of the amounts appropriated or otherwise made 
     available by the Department of Defense Appropriations Act, 
     2005, $12,500,000 shall be available only for industrial 
     mobilization capacity at Rock Island Arsenal.

                               CHAPTER 2

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

       For an additional amount for ``Military Construction, 
     Army'', $897,191,000, to remain available until September 30, 
     2007: Provided, That such funds may be used to carry out 
     planning and design and military construction projects not 
     otherwise authorized by law: Provided further, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

              Military Construction, Navy and Marine Corps

       For an additional amount for ``Military Construction, Navy 
     and Marine Corps'', $107,380,000, to remain available until 
     September 30, 2007: Provided, That such funds may be used to 
     carry out planning and design and military construction 
     projects not otherwise authorized by law: Provided further, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                    Military Construction, Air Force

       For an additional amount for ``Military Construction, Air 
     Force'', $140,983,000, to remain available until September 
     30, 2007: Provided, That such funds may be used to carry out 
     planning and design and military construction projects not 
     otherwise authorized by law: Provided further, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

TITLE II--INTERNATIONAL PROGRAMS AND ASSISTANCE FOR RECONSTRUCTION AND 
                           THE WAR ON TERROR

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service


                     Public Law 480 Title II Grants

       For additional expenses during the current fiscal year, not 
     otherwise recoverable, and unrecovered prior years' costs, 
     including interest thereon, under the Agricultural Trade 
     Development and Assistance Act of 1954, for commodities 
     supplied in connection with dispositions abroad under title 
     II of said Act, $150,000,000, to remain available until 
     expended: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                               CHAPTER 2

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    Diplomatic and Consular Programs

       For an additional amount for ``Diplomatic and Consular 
     Programs'', $757,700,000, to remain available until September 
     30, 2006, of which $10,000,000 is provided for security 
     requirements in the detection of explosives: Provided, That 
     of the funds appropriated under this heading, not less than 
     $250,000 shall be made available for programs to assist Iraqi 
     and Afghan scholars who are in physical danger to travel to 
     the United States to engage in research or other scholarly 
     activities at American institutions of higher education: 
     Provided further, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).


            Embassy Security, Construction, and Maintenance

       For an additional amount for ``Embassy Security, 
     Construction, and Maintenance'', $592,000,000, to remain 
     available until expended: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

              INTERNATIONAL ORGANIZATIONS AND CONFERENCES

        Contributions for International Peacekeeping Activities

       For an additional amount for ``Contributions for 
     International Peacekeeping Activities'', $680,000,000, to 
     remain available until September 30, 2006: Provided, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                             RELATED AGENCY

                    BROADCASTING BOARD OF GOVERNORS

                 International Broadcasting Operations

       For an additional amount for ``International Broadcasting 
     Operations'' for activities related to broadcasting to the 
     broader Middle East, $4,800,000, to remain available until 
     September 30, 2006: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                   Broadcasting Capital Improvements

       For an additional amount for ``Broadcasting Capital 
     Improvements'' for capital improvements related to 
     broadcasting to the broader Middle East, $2,500,000, to 
     remain available until September 30, 2006: Provided, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402

[[Page S3387]]

     of the conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                     BILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

              International Disaster and Famine Assistance

       For an additional amount for ``International Disaster and 
     Famine Assistance'', $44,000,000, to remain available until 
     expended, for emergency expenses related to the humanitarian 
     crisis in the Darfur region of Sudan: Provided, That these 
     funds may be used to reimburse fully accounts administered by 
     the United States Agency for International Development for 
     obligations incurred for the purposes provided under this 
     heading prior to enactment of this Act from funds 
     appropriated for foreign operations, export financing, and 
     related programs: Provided further, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                         Transition Initiatives

       For an additional amount for ``Transition Initiatives'', 
     $63,000,000, to remain available until expended, for 
     necessary international disaster rehabilitation and 
     reconstruction assistance pursuant to section 491 of the 
     Foreign Assistance Act of 1961, to support transition to 
     democracy and the long-term development of Sudan: Provided, 
     That such support may include assistance to develop, 
     strengthen, or preserve democratic institutions and 
     processes, revitalize basic infrastructure, and foster the 
     peaceful resolution of conflict: Provided further, That of 
     the funds appropriated under this heading, not less than 
     $2,500,000 shall be made available for criminal case 
     management, case tracking, and the reduction of pre-trial 
     detention in Haiti, notwithstanding any other provision of 
     law: Provided further, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

   Operating Expenses of the United States Agency for International 
                              Development

       For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development'', 
     $24,400,000, to remain available until September 30, 2006: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

   Operating Expenses of the United States Agency for International 
                Development Office of Inspector General

       For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development Office of 
     Inspector General'', $2,500,000, to remain available until 
     September 30, 2006: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                  OTHER BILATERAL ECONOMIC ASSISTANCE

                         Economic Support Fund


                     (Including transfer of funds)

       For an additional amount for ``Economic Support Fund'', 
     $1,631,300,000, to remain available until September 30, 2006: 
     Provided, That of the funds appropriated under this heading, 
     $200,000,000 should be made available for programs, 
     activities, and efforts to support Palestinians, of which 
     $50,000,000 should be made available for assistance for 
     Israel to help ease the movement of Palestinian people and 
     goods in and out of Israel: Provided further, That of the 
     funds appropriated under this heading, not less than 
     $5,000,000 shall be made available for assistance for 
     displaced persons in Afghanistan: Provided further, That of 
     the funds appropriated under this heading, not less than 
     $5,000,000 should be made available to support Afghan women's 
     organizations that work to defend the legal rights of women 
     and to increase women's political participation: Provided 
     further, That of the funds appropriated under this heading, 
     up to $10,000,000 may be transferred to the Overseas Private 
     Investment Corporation for the cost of direct and guaranteed 
     loans as authorized by section 234 of the Foreign Assistance 
     Act of 1961: Provided further, That such costs, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974: Provided further, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

    Assistance for the Independent States of the Former Soviet Union

       For an additional amount for ``Assistance for the 
     Independent States of the Former Soviet Union'' for 
     assistance to Ukraine, $70,000,000, to remain available until 
     September 30, 2006: Provided, That of the funds appropriated 
     under this heading, $5,000,000 shall be made available for 
     democracy programs in Belarus, which shall be administered by 
     the Bureau of Democracy, Human Rights and Labor, Department 
     of State: Provided further, That of the funds appropriated 
     under this heading, not less than $5,000,000 shall be made 
     available through the United States Agency for International 
     Development for humanitarian, conflict mitigation, and other 
     relief and recovery assistance for needy families and 
     communities in Chechnya, Ingushetia and elsewhere in the 
     North Caucasus: Provided further, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                          DEPARTMENT OF STATE

          International Narcotics Control and Law Enforcement


                     (Including Transfer of Funds)

       For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $660,000,000, to remain 
     available until September 30, 2007, of which up to 
     $46,000,000 may be transferred to and merged with ``Economic 
     Support Fund'' if the Secretary of State, after consultation 
     with the Committees on Appropriations, determines that this 
     transfer is the most effective and timely use of resources to 
     carry out counternarcotics and reconstruction programs: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                    Migration and Refugee Assistance

       For an additional amount for ``Migration and Refugee 
     Assistance'', $108,400,000, to remain available until 
     September 30, 2006: Provided, That of the funds appropriated 
     under this heading, not less than $55,000,000 shall be made 
     available for assistance for refugees in Africa and to 
     fulfill refugee protection goals set by the President for 
     fiscal year 2005: Provided further, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

    Nonproliferation, Anti-Terrorism, Demining and Related Programs

       For an additional amount for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'', $32,100,000, to 
     remain available until September 30, 2006, of which not to 
     exceed $15,000,000, to remain available until expended, may 
     be made available for the Nonproliferation and Disarmament 
     Fund, notwithstanding any other provision of law, to promote 
     bilateral and multilateral activities relating to 
     nonproliferation and disarmament: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                  FUNDS APPROPRIATED TO THE PRESIDENT

                       OTHER BILATERAL ASSISTANCE

                   Global War on Terror Partners Fund


                     (including transfer of funds)

       For necessary expenses to carry out the purposes of the 
     Foreign Assistance Act of 1961 for responding to urgent 
     economic support requirements in countries supporting the 
     United States in the Global War on Terror, $40,000,000, to 
     remain available until expended: Provided, That these funds 
     may be used only pursuant to a determination by the 
     President, and after consultation with the Committees on 
     Appropriations, that such use will support the global war on 
     terrorism to furnish economic assistance to partners on such 
     terms and conditions as he may determine for such purposes, 
     including funds on a grant basis as a cash transfer: Provided 
     further, That funds made available under this heading may be 
     transferred by the Secretary of State to other Federal 
     agencies or accounts to carry out the purposes under this 
     heading: Provided further, That upon a determination that all 
     or part of the funds so transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation: 
     Provided further, That funds appropriated under this heading 
     shall be considered to be economic assistance under the 
     Foreign Assistance Act of 1961 for purposes of making 
     available the administrative authorities contained in the Act 
     for the use of economic assistance: Provided further, That 
     funds appropriated under this heading shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations, except that such notifications shall be 
     submitted no less than five days prior to the obligation of 
     funds: Provided further, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                          MILITARY ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

                   Foreign Military Financing Program

       For an additional amount for ``Foreign Military Financing 
     Program'', $250,000,000: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                        Peacekeeping Operations

       For an additional amount for ``Peacekeeping Operations'', 
     $210,000,000, to remain available until September 30, 2006, 
     of which $200,000,000 is for military and other security 
     assistance to coalition partners in Iraq and Afghanistan: 
     Provided, That funds appropriated under this heading shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations, except that such notifications 
     shall be submitted no less than five days prior to the 
     obligation of funds: Provided further, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                    GENERAL PROVISIONS, THIS CHAPTER


                         Voluntary Contribution

       Sec. 2101. Section 307(a) of the Foreign Assistance Act of 
     1961, as amended (22 U.S.C. 2227), is further amended by 
     striking ``Iraq,''.

[[Page S3388]]

                         Reporting Requirement

       Sec. 2102. Not later than 60 days after the date of 
     enactment of this Act, the President shall submit a report to 
     the Congress detailing: (1) information regarding the 
     Palestinian security services, including their numbers, 
     accountability, and chains of command, and steps taken to 
     purge from their ranks individuals with ties to terrorist 
     entities; (2) specific steps taken by the Palestinian 
     Authority to dismantle the terrorist infrastructure, 
     confiscate unauthorized weapons, arrest and bring terrorists 
     to justice, destroy unauthorized arms factories, thwart and 
     preempt terrorist attacks, and cooperate with Israel's 
     security services; (3) specific actions taken by the 
     Palestinian Authority to stop incitement in Palestinian 
     Authority-controlled electronic and print media and in 
     schools, mosques, and other institutions it controls, and to 
     promote peace and coexistence with Israel; (4) specific steps 
     the Palestinian Authority has taken to ensure democracy, the 
     rule of law, and an independent judiciary, and transparent 
     and accountable governance; (5) the Palestinian Authority's 
     cooperation with United States officials in investigations 
     into the late Palestinian leader Yasser Arafat's finances; 
     and (6) the amount of assistance pledged and actually 
     provided to the Palestinian Authority by other donors: 
     Provided, That not later than 180 days after enactment of 
     this Act, the President shall submit to the Congress an 
     update of this report: Provided further, That up to 
     $5,000,000 of the funds made available for assistance for the 
     West Bank and Gaza by this chapter under ``Economic Support 
     Fund'' shall be used for an outside, independent evaluation 
     by an internationally recognized accounting firm of the 
     transparency and accountability of Palestinian Authority 
     accounting procedures and an audit of expenditures by the 
     Palestinian Authority.


                         (Rescission of Funds)

       Sec. 2103. The unexpended balance appropriated by Public 
     Law 108-11 under the heading ``Economic Support Fund'' and 
     made available for Turkey is rescinded.


                          DEMOCRACY EXCEPTION

       Sec. 2104. Funds appropriated for fiscal year 2005 under 
     the heading ``Economic Support Fund'' may be made available 
     for democracy and rule of law programs and activities, 
     notwithstanding the provisions of section 574 of division D 
     of Public Law 108-447.

        TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON TERROR

                               CHAPTER 1

                         DEPARTMENT OF JUSTICE

                         General Administration


                      Office of Inspector General

       For an additional amount for ``Office of Inspector 
     General'', $2,500,000, to remain available until September 
     30, 2006: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                     United States Marshals Service


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $11,935,000, to remain available until September 30, 2006: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                    Federal Bureau of Investigation


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $66,512,000, to remain available until September 30, 2006: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).
       In addition, notwithstanding any other provision of law, 
     the Federal Bureau of Investigation shall have the authority 
     to execute a lease of up to 160,000 square feet of space for 
     the Terrorist Screening Center within the Washington, D.C. 
     Metropolitan area.

                    Drug Enforcement Administration


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $7,648,000, to remain available until September 30, 2006: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $5,100,000, to remain available until September 30, 2006: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                               CHAPTER 2

                          DEPARTMENT OF ENERGY

                National Nuclear Security Adminstration


                           Weapons Activities

       For an additional amount for ``Weapons Activities'', 
     $26,000,000, to remain available until expended: Provided, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).


                    Defense Nuclear Nonproliferation

       For an additional amount for ``Defense Nuclear 
     Nonproliferation'', $84,000,000, to remain available until 
     expended: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                               CHAPTER 3

                    DEPARTMENT OF HOMELAND SECURITY

                  IMMIGRATION AND CUSTOMS ENFORCEMENT

                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $276,000,000, of which not less than $11,000,000 shall be 
     available for the costs of increasing by no less than 
     seventy-nine the level of full-time equivalents on board on 
     the date of enactment of this Act: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                       UNITED STATES COAST GUARD

                           Operating Expenses

       For an additional amount for ``Operating Expenses'', 
     $111,950,000: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

              Acquisition, Construction, and Improvements

       For an additional amount for ``Acquisition, Construction, 
     and Improvements'', $49,200,000, to remain available until 
     September 30, 2007: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                               CHAPTER 4

                             CAPITOL POLICE

                                Salaries

       For an additional amount for salaries of employees of the 
     Capitol Police, including overtime, hazardous duty pay 
     differential, and Government contributions for health, 
     retirement, social security, professional liability 
     insurance, and other applicable employee benefits, 
     $10,000,000, to remain available until expended: Provided, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                                Expenses

       For an additional amount for necessary expenses of the 
     Capitol Police, $13,300,000, to remain available until 
     expended: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                        ARCHITECT OF THE CAPITOL

                  Capitol Police Buildings and Grounds

       For an additional amount for Capitol Police Buildings and 
     Grounds, $23,000,000, to remain available until September 30, 
     2010: Provided, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                 TITLE IV--INDIAN OCEAN TSUNAMI RELIEF

                               CHAPTER 1

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


                  Operations, Research, and Facilities

       For an additional amount for ``Operations, Research, and 
     Facilities'', $7,070,000, to remain available until September 
     30, 2007, for United States tsunami warning capabilities and 
     operations: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).


               Procurement, Acquisition and Construction

       For an additional amount for ``Procurement, Acquisition and 
     Construction'', $10,170,000, to remain available until 
     September 30, 2008, for United States tsunami warning 
     capabilities: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                               CHAPTER 2

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Navy

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $124,100,000: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $2,800,000: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $30,000,000: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $29,150,000: Provided, That the amount 
     provided under this

[[Page S3389]]

     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

             Overseas Humanitarian, Disaster, and Civic Aid

       For an additional amount for ``Overseas Humanitarian, 
     Disaster, and Civic Aid'', $36,000,000, to remain available 
     until September 30, 2006: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $3,600,000 for Operation and maintenance: Provided, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                                CHAPTER 3

                    DEPARTMENT OF HOMELAND SECURITY

                       UNITED STATES COAST GUARD

                           Operating Expenses

       For an additional amount for ``Operating Expenses'', 
     $350,000: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                               CHAPTER 4

                       DEPARTMENT OF THE INTERIOR

                    United States Geological Survey


                 Surveys, Investigations, and Research

       For an additional amount for ``Surveys, Investigations, and 
     Research'', $8,100,000, to remain available until September 
     30, 2006: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                               CHAPTER 5

                  FUNDS APPROPRIATED TO THE PRESIDENT

                       OTHER BILATERAL ASSISTANCE

                Tsunami Recovery and Reconstruction Fund


                     (Including Transfers of Funds)

       For necessary expenses to carry out the Foreign Assistance 
     Act of 1961, for emergency relief, rehabilitation, and 
     reconstruction aid to countries affected by the tsunami and 
     earthquakes of December 2004 and March 2005, $656,000,000, to 
     remain available until September 30, 2006: Provided, That 
     these funds may be transferred by the Secretary of State to 
     Federal agencies or accounts for any activity authorized 
     under part I (including chapter 4 of part II) of the Foreign 
     Assistance Act, or under the Agricultural Trade Development 
     and Assistance Act of 1954, to accomplish the purposes 
     provided herein: Provided further, That upon a determination 
     that all or part of the funds so transferred from this 
     appropriation are not necessary for the purposes provided 
     herein, such amounts may be transferred back to this 
     appropriation: Provided further, That funds appropriated 
     under this heading may be used to reimburse fully accounts 
     administered by the United States Agency for International 
     Development for obligations incurred for the purposes 
     provided under this heading prior to enactment of this Act, 
     including Public Law 480 Title II grants: Provided further, 
     That of the amounts provided herein: up to $10,000,000 may be 
     transferred to and consolidated with ``Development Credit 
     Authority'' for the cost of direct loans and loan guarantees 
     as authorized by sections 256 and 635 of the Foreign 
     Assistance Act of 1961 in furtherance of the purposes of this 
     heading; up to $20,000,000 may be transferred to and 
     consolidated with ``Operating Expenses of the United States 
     Agency for International Development'', of which up to 
     $2,000,000 may be used for administrative expenses to carry 
     out credit programs administered by the United States Agency 
     for International Development in furtherance of the purposes 
     of this heading; up to $500,000 may be transferred to and 
     consolidated with ``Operating Expenses of the United States 
     Agency for International Development Office of Inspector 
     General''; and up to $5,000,000 may be transferred to and 
     consolidated with ``Emergencies in the Diplomatic and 
     Consular Service'' for the purpose of providing support 
     services for United States citizen victims and related 
     operations: Provided further, That of the funds appropriated 
     under this heading, not less than $5,000,000 shall be made 
     available for environmental recovery activities in Aceh, 
     Indonesia, to be administered by the United States Fish and 
     Wildlife Service: Provided further, That of the funds 
     appropriated under this heading, not less than $12,000,000 
     should be made available for programs to address the needs of 
     people with physical and mental disabilities resulting from 
     the tsunami: Provided further, That of the funds appropriated 
     under this heading, not less than $25,000,000 should be made 
     available for programs to prevent the spread of the Avian 
     flu: Provided further, That of the funds appropriated under 
     this heading, $1,500,000 shall be made available for 
     trafficking in persons monitoring and prevention programs and 
     activities in tsunami affected countries: Provided further, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                    GENERAL PROVISIONS, THIS CHAPTER


                           Annual Limitation

       Sec. 4501. Amounts made available pursuant to section 
     492(b) of the Foreign Assistance Act of 1961, as amended (22 
     U.S.C. 2292a), to address relief and rehabilitation needs for 
     countries affected by the Indian Ocean tsunami and 
     earthquakes of December 2004 and March 2005, prior to the 
     enactment of this Act, shall be in addition to the amount 
     that may be obligated in fiscal year 2005 under that section.


                         Authorization of Funds

       Sec. 4502. Funds appropriated by this chapter and chapter 2 
     of title II may be obligated and expended notwithstanding 
     section 15 of the State Department Basic Authorities Act of 
     1956, section 313 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995 (Public Law 103-236), section 10 
     of Public Law 91-672 (22 U.S.C. 2412), and section 504(a)(1) 
     of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).

                TITLE V--OTHER EMERGENCY APPROPRIATIONS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

      Cooperative State Research, Education, and Extension Service


                   RESEARCH AND EDUCATION ACTIVITIES

       For an additional amount for ``Research and Education 
     Activities'' to provide a grant to the University of Hawaii 
     to partially offset the cost of damages to the research and 
     educational resources of the College of Tropical Agriculture 
     and Human Resources incurred as a result of the catastrophic 
     flood that occurred on October 30, 2004, as authorized by 
     law, $3,000,000, to remain available until expended: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                 Natural Resources Conservation Service


                 EMERGENCY WATERSHED PROTECTION PROGRAM

       For an additional amount for the emergency watershed 
     protection program established under section 403 of the 
     Agricultural Credit Act of 1978 (16 U.S.C. 2203) to repair 
     damages to the waterways and watersheds resulting from 
     natural disasters, $103,000,000, to remain available until 
     expended: Provided, That of the amount provided, no less than 
     $66,000,000 shall be for eligible work in the State of Utah: 
     Provided further, That notwithstanding any other provision of 
     law, the Secretary of Agriculture shall count local financial 
     and technical resources, including in-kind materials and 
     services, contributed toward recovery from the flooding 
     events of January 2005 in Washington County, Utah, toward 
     local matching requirements for the emergency watershed 
     protection program assistance provided to Washington County, 
     Utah: Provided further, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                    GENERAL PROVISIONS, THIS CHAPTER


                         Rural Housing Service

       Sec. 5101. Hereafter, notwithstanding any other provision 
     of law, the Secretary of Agriculture may transfer any 
     unobligated amounts made available under the heading ``Rural 
     Housing Service'', ``Rural Housing Insurance Fund Program 
     Account'' in chapter 1 of title II of Public Law 106-246 (114 
     Stat. 540) to the Rural Housing Service ``Rental Assistance 
     Program'' account for projects in North Carolina: Provided, 
     That the amounts made available by the transfer of funds in 
     or pursuant to this section are designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).


                    RURAL HOUSING ASSISTANCE GRANTS

       Sec. 5102. The Secretary of Agriculture shall consider the 
     Village of New Miami (Ohio) to be eligible for loans and 
     grants provided through the Rural Housing Assistance Grants 
     program.


                 Natural Resources Conservation Service

       Sec. 5103. (a) Notwithstanding any other provision of law, 
     the Natural Resources Conservation Service shall provide 
     financial and technical assistance to carry out measures 
     (including research, engineering operations, methods of 
     cultivation, the growing of vegetation, rehabilitation of 
     existing works, and changes in the use of land) to prevent 
     damage to the Manoa watershed in Hawaii.
       (b) There is hereby appropriated $15,000,000, to remain 
     available until expended, to carry out provisions of 
     subsection (a): Provided, That the amounts provided under 
     this section are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).


                          FARM SERVICE AGENCY

       Sec. 5104. The funds made available in section 786 of title 
     VII of the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2005 
     as contained in division A of the Consolidated Appropriations 
     Act, 2005 (Public Law 108-447) may be applied to accounts of 
     Alaska dairy farmers owed to the Secretary of Agriculture.

                               CHAPTER 2

                       DEPARTMENT OF THE INTERIOR

                        Departmental Management


                         Salaries and Expenses

       For an additional amount for ``Departmental Management'', 
     $3,000,000 to support deployment of business systems to the 
     bureaus and offices of the Department of the Interior, 
     including the Financial and Business Management System: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                         National Forest System

       For an additional amount for ``National Forest System'' to 
     pay necessary expenses of the

[[Page S3390]]

     Forest Service to restore land and facilities in the State of 
     California damaged by torrential rainfall during fiscal year 
     2005, $2,410,000: Provided, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).


                  Capital Improvement and Maintenance

       For an additional amount for ``Capital Improvement and 
     Maintenance'' to pay necessary expenses of the Forest Service 
     to construct, repair, decommission, and maintain forest roads 
     and trails in the Angeles National Forest, Cleveland National 
     Forest, Los Padres National Forest, and San Bernardino 
     National Forest, $31,980,000: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                               CHAPTER 3

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary


            public health and social services emergency fund

                    (including rescissions of funds)

       For an additional amount for the ``Public Health and Social 
     Services Emergency Fund'' in title II of Public Law 108-447, 
     $10,000,000, to remain available until expended, for 
     infrastructure grants to improve the supply of domestically 
     produced vaccine: Provided, That the entire amount is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress): Provided further, That under the heading 
     ``Health Resources and Services Administration, Health 
     Resources and Services'', the unobligated balance for the 
     Health Professions Teaching Facilities Program authorized in 
     sections 726 and 805 of the Public Health Service Act; the 
     unobligated balance of the Health Teaching Construction 
     Interest Subsidy Program authorized in section 726 and title 
     XVI of the Public Health Service Act; and the unobligated 
     balance of the AIDS Facilities Renovation and Support Program 
     authorized in title XVI of the Public Health Service Act are 
     all hereby rescinded: Provided further, That under the 
     heading ``Office of the Secretary, Office of the Inspector 
     General'', the unobligated balance of the Medicaid Fraud 
     Control Program authorized in section 1903 of the Social 
     Security Act and appropriated to the Office of the Inspector 
     General in the Department of Health and Human Services is 
     hereby rescinded: Provided further, That under the heading 
     ``Assistant Secretary for Health Scientific Activities 
     Overseas (Special Foreign Currency Program)'' the unobligated 
     balance of the Scientific Activities Overseas (Special 
     Foreign Currency Program) account within the Department of 
     Health and Human Services is hereby rescinded.

                             RELATED AGENCY

                  Institute of Museum Library Services


    office of museum and library services: grants and administration

       For an additional amount for the ``Institute of Museum and 
     Library Services, Office of Museum and Library Services: 
     Grants and Administration'', $10,000,000, to be available 
     until expended, for the Hamilton Library at the University of 
     Hawaii at Manoa, including replacing the collections at the 
     regional federal depository library: Provided, That the 
     entire amount is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                               CHAPTER 4

                             THE JUDICIARY

    Courts of Appeals, District Courts, and Other Judicial Services


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Salaries and Expenses, 
     Courts of Appeals, District Courts and Other Judicial 
     Services'' for unforeseen costs associated with recent 
     Supreme Court decisions and recently enacted legislation, 
     $60,000,000, to remain available until September 30, 2006: 
     Provided, That notwithstanding section 302 of division B of 
     Public Law 108-477, such sums shall be available for transfer 
     to accounts within the Judiciary subject to section 605 of 
     said Act: Provided further, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs


                 HOUSING FOR PERSONS WITH DISABILITIES

                    (including rescission of funds)

       Of the amount made available under this heading in Public 
     Law 108-447, $238,080,000 are rescinded.
       For an additional amount for ``Housing for Persons with 
     Disabilities'', $238,080,000, to remain available until 
     September 30, 2006: Provided, That these funds shall be 
     available under the same terms and conditions as authorized 
     for funds under this heading in Public Law 108-447.

                    GENERAL PROVISION, THIS CHAPTER


              Department of Housing and Urban Development

       Sec. 5401. (a) Notwithstanding any other provision of law, 
     the Secretary of Housing and Urban Development shall make a 
     grant to the University of Hawaii to cover unreimbursed 
     expenses associated with costs resulting from the 
     catastrophic flood that occurred on October 30, 2004.
       (b) There is hereby appropriated $10,000,000, to remain 
     available until expended, to carry out provisions of 
     subsection (a): Provided, That the amount provided under this 
     section is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

         TITLE VI--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS


                         Availability of Funds

       Sec. 6001. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.


               transfer authority--department of justice

       Sec. 6002. Notwithstanding section 106 of title I of 
     division B of Public Law 108-447, the Department of Justice 
     may transfer funds from any Department of Justice account, 
     except ``Buildings and Facilities, Federal Prison System'' 
     and ``Office of Justice Programs'' accounts, to the 
     ``Detention Trustee'' account: Provided, That the 
     notification requirement in section 605 of title VI of 
     division B of Public Law 108-447 shall apply to any such 
     transfers.


         space considerations--federal bureau of investigation

       Sec. 6003. Notwithstanding any other provision of law, the 
     Special Technologies and Application Section within the 
     Federal Bureau of Investigation shall have the authority to 
     use existing resources to acquire, renovate, and occupy up to 
     175,000 square feet of additional facility space within its 
     immediate surrounding area.


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

       Sec. 6004. The referenced statement of managers under the 
     heading ``National Oceanic and Atmospheric Administration'' 
     in title II of division B of Public Law 108-447 is deemed to 
     be amended after ``Bonneau Ferry, SC'' by striking ``20,000'' 
     and inserting ``19,200'': Provided, That these amounts are 
     available for transfer to ``Response and Restoration Base''.
       Sec. 6005. The referenced statement of managers under the 
     heading ``National Oceanic and Atmospheric Administration'' 
     in title II of division B of Public Law 108-447 is deemed to 
     be amended under the heading ``Construction/Acquisition, 
     Coastal and Estuarine Land Conservation Program'' by striking 
     ``Tonner Canyon, CA'' and inserting ``Tolay Lake, Sonoma 
     County, CA''.
       Sec. 6006. The referenced statement of managers under the 
     heading ``National Oceanic and Atmospheric Administration'' 
     in title II of division B of Public Law 108-447 is deemed to 
     be amended under the heading ``Construction/Acquisition, 
     Coastal and Estuarine Land Conservation Program'' by striking 
     ``Port Aransas Nature Preserve Wetlands Project, TX--3,000'' 
     and under the heading ``Section 2 (FWCA) Coastal/Estuarine 
     Land Acquisition'' by inserting ``Port Aransas Nature 
     Preserve Wetlands Project, TX--3,000''.


          Local Budget Authority for the District of Columbia

       Sec. 6007. The District of Columbia Appropriations Act, 
     2005 (Public Law 108-335) approved October 18, 2004, is 
     amended as follows:
       (1) Section 331 is amended as follows:
       (A) in the first sentence by striking ``$15,000,000'' and 
     inserting ``$42,000,000, to remain available until 
     expended,'' in its place, and
       (B) by amending subsection (5) to read as follows:
       ``(5) The amounts may be obligated or expended only if the 
     Mayor notifies the Committees on Appropriations of the House 
     of Representatives and Senate in writing 30 days in advance 
     of any obligation or expenditure.''.
       (2) By inserting a new section before the short title at 
     the end to read as follows:
       ``Sec. 348. The amount appropriated by this Act may be 
     increased by an additional amount of $206,736,000 (including 
     $49,927,000 from local funds and $156,809,000 from other 
     funds) to be transferred by the Mayor of the District of 
     Columbia to the various headings under this Act as follows:
       ``(1) $174,927,000 (including $34,927,000 from local funds 
     and $140,000,000 from other funds) shall be transferred under 
     the heading `Government Direction and Support': Provided, 
     That of the funds, $33,000,000 from local funds shall remain 
     available until expended: Provided further, That of the 
     funds, $140,000,000 from other funds shall remain available 
     until expended and shall only be available in conjunction 
     with revenue from a private or alternative financing proposal 
     approved pursuant to section 106 of DC Act 15-717, the 
     `Ballpark Omnibus Financing and Revenue Act of 2004' approved 
     by the District of Columbia, December 29, 2004, and
       ``(2) $15,000,000 from local funds shall be transferred 
     under the heading `Repayment of Loans and Interest', and
       ``(3) $14,000,000 from other funds shall be transferred 
     under the heading `Sports and Entertainment Commission', and
       ``(4) $2,809,000 from other funds shall be transferred 
     under the heading `Water and Sewer Authority'.''.


                      DE SOTO COUNTY, Mississippi

       Sec. 6008. Section 219(f)(30) of the Water Resources 
     Development Act of 1992 (106 Stat. 4835; 106 Stat. 3757; 113 
     Stat. 334) is amended by striking ``$20,000,000'' and 
     inserting ``$55,000,000'' in lieu thereof, and by striking 
     ``treatment'' and inserting ``infrastructure'' in lieu 
     thereof.
       Sec. 6009. The Secretary is authorized and directed to 
     reimburse the non-Federal local sponsor of the project 
     described in section 219(f)(30) of the Water Resources 
     Development Act of 1992

[[Page S3391]]

     (106 Stat. 4835; 106 Stat. 3757; 113 Stat. 334) for costs 
     incurred between May 13, 2002 and September 30, 2005 in 
     excess of the required non-Federal share if the Secretary 
     determines that such costs were incurred for work that is 
     compatible with and integral to the project: Provided, That 
     the non-Federal local sponsor, at its option, may choose to 
     accept, in lieu of reimbursement, a credit against the non-
     Federal share of project costs incurred after May 13, 2002.


                    FORT PECK FISH HATCHERY, Montana

       Sec. 6010. Section 325(f)(1)(A) of Public Law 106-541 is 
     modified by striking ``$20,000,000'' and inserting in lieu 
     thereof ``$25,000,000''.


                         ALI WAI CANAL, Hawaii

       Sec. 6011. For an amount from within available funds from 
     ``General Investigations'' for the expansion of studies 
     necessitated by severe flooding, up to $1,800,000, to remain 
     available until expended.


 INTERCOASTAL WATERWAY, DELAWARE RIVER TO CHESAPEAKE BAY, SR-1 BRIDGE, 
                                Delaware

       Sec. 6012. The first proviso under the heading ``Operation 
     and Maintenance'' in title I of division C of Public Law 108-
     447 is amended by striking ``October 1, 2003, and September 
     30, 2004'' and inserting ``October 1, 2004, and September 30, 
     2005''.


                 Offshore Oil and Gas Fabrication Ports

       Sec. 6013. In determining the economic justification for 
     navigation projects involving offshore oil and gas 
     fabrication ports, the Secretary of the Army, acting through 
     the Chief of Engineers, is directed to measure and include in 
     the National Economic Development calculation the benefits of 
     future energy exploration and production fabrication 
     contracts and transportation cost savings that would result 
     from larger navigation channels.


  Mc Clellan Kerr Navigation System Advanced Operation and Maintenance

       Sec. 6014. The last proviso under the heading ``Operation 
     and Maintenance'' in title I of division C of Public Law 108-
     447 is amended by striking ``Public Law 108-357'' and 
     inserting ``Public Law 108-137''.


                 Silvery Minnow Off-Channel Sanctuaries

       Sec. 6015. The Secretary of the Interior is authorized to 
     perform such analyses and studies as needed to determine the 
     viability of establishing an off-channel sanctuary for the 
     Rio Grande Silvery Minnow in the Middle Rio Grande Valley. In 
     conducting these studies, the Secretary shall take into 
     consideration:
       (1) providing off-channel, naturalistic habitat conditions 
     for propagation, recruitment, and maintenance of Rio Grande 
     silvery minnows; and
       (2) minimizing the need for acquiring water or water rights 
     to operate the sanctuary.
       If the Secretary determines the project to be viable, the 
     Secretary is further authorized to design and construct the 
     sanctuary and to thereafter operate and maintain the 
     sanctuary. The Secretary may enter into grant agreements, 
     cooperative agreements, financial assistance agreements, 
     interagency agreements, and contracts with Federal and non-
     Federal entities to carry out the purposes of this Act.


                       Desalination Act extension

       Sec. 6016. Section 8 of Public Law 104-298 (The Water 
     Desalination Act of 1996) (110 Stat. 3624) as amended by 
     section 210 of Public Law 108-7 (117 Stat. 146) is amended 
     by--
       (1) in paragraph (a) by striking ``2004'' and inserting in 
     lieu thereof ``2009''; and
       (2) in paragraph (b) by striking ``2004'' and inserting in 
     lieu thereof ``2009''.


             Bureau of Reclamation, Humboldt Title Transfer

       Sec. 6017. Notwithstanding Public Law 108-137, title II, 
     sec. 217(a)(3) the State of Nevada shall be exempt from any 
     payments associated with the Humboldt Title Transfer as 
     described in Public Law 107-282, title VIII, sec. 804(f): 
     Provided, That transfer costs shall not exceed $850,000.


                           Office of Science

       Sec. 6018. In division C, title III of the Consolidated 
     Appropriations Act, 2005 (Public Law 108-447), the item 
     relating to ``Department of Energy, Energy Programs, 
     Science'' is amended by inserting ``: Provided, That 
     $2,000,000 is provided within available funds to continue 
     funding for project #DE-FG0204ER63842-04090945, the Southeast 
     Regional Cooling, Heating and Power and Bio-Fuel Application 
     Center, and $3,000,000 is provided from within available 
     funds for the University of Texas Southwestern Medical 
     Center, University of Texas at Dallas Metroplex Comprehensive 
     Imaging Center: Provided further, That within funds made 
     available herein $500,000 is provided for the desalination 
     plant technology program at the University of Nevada-Reno 
     (UNR) and $500,000 for the Oral History of the Negotiated 
     Settlement project at UNR: Provided further, That $4,000,000 
     is to be provided from within available funds to the Fire 
     Sciences Academy in Elko, Nevada, for purposes of capital 
     debt service'' after ``$3,628,902,000''.


                           weapons activities

                     (including transfer of funds)

       Sec. 6019. In division C, title III of the Consolidated 
     Appropriations Act, 2005 (Public Law 108-447), the item 
     relating to ``Atomic Energy Defense Activities, National 
     Nuclear Security Adminstration, Weapons Activities'' is 
     amended by inserting after ``various locations'' the 
     following: ``: Provided further, That $3,000,000 shall be 
     used to continue funding of project #DE-FC04-02AL68107, the 
     Technology Ventures Corporation: Provided further, That 
     notwithstanding the provisions of section 302 of Public Law 
     102-377 and section 4705 of Public Law 107-314, as amended, 
     the Department may transfer up to $10,000,000 from the 
     Weapons Activities appropriation for purposes of carrying out 
     section 3147 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005, Public Law 108-375''.


                  defense site acceleration completion

       Sec. 6020. In division C, title III of the Consolidated 
     Appropriations Act, 2005 (Public Law 108-447), the item 
     relating to ``Atomic Energy Defense Activities, Environmental 
     and Other Defense Activities, Defense Site Acceleration 
     Completion'' is amended by inserting before the period the 
     following: ``: Provided, That $4,000,000 is to be provided 
     from within available funds for the cleanup of lands 
     transferred from NNSA to Los Alamos County or Los Alamos 
     School District''.


                     Defense Environmental Services

       Sec. 6021. To the extent activities directed to be funded 
     from within division C, title III of the Consolidated 
     Appropriations Act, 2005 (Public Law 108-447), in division C, 
     title III of the Consolidated Appropriations Act, 2005 
     (Public Law 104-447), the item relating to the ``Atomic 
     Energy Defense Activities, National Nuclear Security 
     Administration, Environmental and Other Defense Activities, 
     Defense Environmental Services'' is amended by inserting 
     before the period the following: ``: Provided, That to the 
     extent activities to be funded within the `Defense 
     Environmental Services' cannot be funded without unduly 
     impacting mission activities and statutory requirements, up 
     to $30,000,000 from `Defense Site Acceleration Completion' 
     may be used for these activities''.


                 Chernobyl Research and Service Project

       Sec. 6022. In division C, title III of the Consolidated 
     Appropriations Act, 2005 (Public Law 104-447), the item 
     relating to the ``Atomic Energy Defense Activities, National 
     Nuclear Security Administration, Environmental and Other 
     Defense Activities, Other Defense Activities'' is amended by 
     inserting before the period the following: ``: Provided, That 
     $5,000,000 is to be provided from within available funds to 
     initiate the Chernobyl Research and Service Project to 
     support radiation effects during the Chernobyl Shelter 
     Implementation Plan within the Office of Environment Safety 
     and Health''.


             Department of Energy Small Business Contracts

       Sec. 6023. Section 15(g) of the Small Business Act (15 
     U.S.C. Sec. 644), is amended by adding the following new 
     paragraph:
       ``(3) For purposes of this section, the term `prime 
     contract' shall, with respect to the Department of Energy, 
     mean prime contracts awarded by the Department of Energy, and 
     subcontracts awarded by Department of Energy management and 
     operating contractors, management and integration 
     contractors, major facilities management contractors, and 
     contractors that have entered into similar contracts for 
     management of a departmental facility. Contracting goals 
     established for the Department of Energy under this section 
     shall be set at a level not greater than the applicable 
     Government-wide goal.''.


                             yucca mountain

       Sec. 6024. Title III of division C of the Consolidated 
     Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2951) 
     is amended in the matter under the heading ``Nuclear Waste 
     Disposal''--
       (1) by inserting ``to be derived from the Nuclear Waste 
     Fund and'' after ``$346,000,000,''; and
       (2) in the second proviso, by striking ``to conduct 
     scientific oversight responsibilities and participate in 
     licensing activities pursuant to the Act'' and inserting ``to 
     participate in licensing activities and other appropriate 
     activities pursuant to that Act''.


                     POWER MARKETING ADMINISTRATION

       Sec. 6025. In division C, title III of the Consolidated 
     Appropriations Act, 2005 (Public Law 108-447), the item 
     relating to ``Construction, Rehabilitation, Operation and 
     Maintenance, Western Area Power Administration'' is amended 
     by inserting before the period at the end the following: ``: 
     Provided further, That of the amount herein appropriated, 
     $500,000 is provided on a non-reimbursable basis from within 
     available funds for a transmission study on the placement of 
     500 megawatts of wind energy in North Dakota and South 
     Dakota''.


                    Department of Homeland Security

                            Revolving Funds

       Sec. 6026. (a) The Department of Homeland Security 
     ``Working Capital Fund'' is abolished and any remaining 
     unobligated or unexpended fund balances shall be immediately 
     transferred to the ``Office of the Chief Financial Officer'' 
     and shall be subject to section 503 of Public Law 108-334.
       (b) The Department of Homeland Security may not use any 
     funds made available under section 403 of the Government 
     Management Reform Act of 1994 (Public Law 103-356).
       (c)(1) There is established the ``Continuity of Government 
     Operations and Emergency Management Revolving Fund'' (in this 
     subsection referred to as the ``Revolving Fund'') which shall 
     be administered by a board of directors designated by the 
     Under Secretary for Emergency Preparedness and Response.
       (2) There shall be deposited into the Revolving Fund such 
     amounts--
       (A) that would have been deposited into the ``Working 
     Capital Fund'' abolished under subsection (a) in accordance 
     with any memorandum of understanding between the Federal 
     Emergency Management Agency and any agency or other entity 
     providing for the funding of the ``Working Capital Fund'' 
     before the date of enactment of Public Law 107-296;
       (B) provided for in any other memorandum of understanding 
     approved by the board of directors after the date of 
     enactment of this Act; and
       (C) derived from agreements defined in (c)(2)(A) that were 
     transferred to the ``Office of the Chief Financial Officer'' 
     pursuant to subsection (a).

[[Page S3392]]

       (3) Funds in the Revolving Fund may be used only for 
     activities and services relating to continuity of Government 
     and emergency management carried out by the Federal Emergency 
     Management Agency before March 1, 2003, or approved by the 
     Committees on Appropriations of the Senate and the House of 
     Representatives.


                        reprogramming provisions

       Sec. 6027. Section 503 of the Department of Homeland 
     Security Appropriations Act, 2005 (118 Stat. 1315) is amended 
     by striking subsection (d) and inserting the following:
       ``(d) None of the funds provided by this Act, provided by 
     previous appropriations Acts to the agencies in or 
     transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2005, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure for any information technology 
     project that: (1) is funded by the `Office of the Chief 
     Information Officer'; or (2) is funded by multiple components 
     through the use of reimbursable agreements; unless the 
     Committees on Appropriations of the Senate and the House of 
     Representatives are notified 15 days in advance of such 
     obligation of funds.
       ``(e) Notifications of reprogrammings, transfers, and 
     obligations pursuant to subsections (a), (b), (c) and (d) 
     shall not be made later than June 30, 2005, except in 
     extraordinary circumstances which imminently threaten the 
     safety of human life or the protection of property.''.
       Sec. 6028. Any funds made available to the Department of 
     Homeland Security by this Act shall be subject to the terms 
     and conditions of Title V of Public Law 108-334.


             bureau of land management technical correction

       Sec. 6029. Section 144 of division E of Public Law 108-447 
     is amended in paragraph (b)(2) by deleting ``September 24, 
     2004'' and inserting ``November 12, 2004''.


                        forest service transfer

       Sec. 6030. Funds in the amount of $1,500,000, provided in 
     Public Law 108-447 for the ``Forest Service, Capital 
     Improvement and Maintenance'' account, are hereby transferred 
     to the ``Forest Service, State and Private Forestry'' 
     account.


              west yellowstone visitor information center

       Sec. 6031. Notwithstanding any other provision of law, the 
     National Park Service is authorized to expend appropriated 
     funds for the construction, operations and maintenance of an 
     expansion to the West Yellowstone Visitor Information Center 
     to be constructed for visitors to, and administration of, 
     Yellowstone National Park.


                       pesticides tolerance fees

       Sec. 6032. None of the funds in this or any other 
     Appropriations Act may be used by the Environmental 
     Protection Agency or any other Federal agency to develop, 
     promulgate, or publish a pesticides tolerance fee rulemaking.


                     GULF ISLANDS NATIONAL SEASHORE

       Sec. 6033. (a) The Secretary of the Interior shall allow 
     the State of Mississippi, its lessees, contractors, and 
     permittees, to conduct, under reasonable regulation not 
     inconsistent with timely and generally full extraction of the 
     oil and gas minerals:
       (1) exploration, development and production operations on 
     sites outside the boundaries of Gulf Islands National 
     Seashore that use directional drilling techniques which 
     result in the drill hole crossing into the Gulf Islands 
     National Seashore and passing under any land or water the 
     surface of which is owned by the United States, including 
     terminating in bottom hole locations thereunder; or
       (2) seismic and exploration activities inside the 
     boundaries of Gulf Islands National Seashore related to 
     extraction of the oil and gas located within the boundaries 
     of the Gulf Islands National Seashore, all of which oil and 
     gas is owned by the State of Mississippi.
       (b) The provisions of subsection (a) shall not take effect 
     until the State of Mississippi enters into an agreement with 
     the Secretary providing that any actions by the United States 
     in relation to the provisions in this section shall not 
     trigger any reverter of any estate conveyed by the State of 
     Mississippi to the United States within the Gulf Islands 
     National Seashore in Chapter 482 of the General Laws of the 
     State of Mississippi, 1971, and the quitclaim deed of June 
     15, 1972.


               surface mining control and reclamation act

       Sec. 6034. Section 402(b) of the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by 
     striking ``June 30, 2005,'' and inserting ``September 30, 
     2005,''.


                      repeal of transfer authority

       Sec. 6035. Section 101 and section 208 of Division F of 
     Public Law 108-447 are hereby repealed.


 technical corrections--fund for the improvement of education--fiscal 
                               year 2005

       Sec. 6036. In the statement of the managers of the 
     committee of conference accompanying H.R. 4818 (Public Law 
     108-447; House Report 108-792), in the matter in title III of 
     division F, relating to the Fund for the Improvement of 
     Education under the heading ``Innovation and Improvement''--
       (1) the provision specifying $500,000 for the Mississippi 
     Museum of Art, Jackson, MS for Hardy Middle School After 
     School Program shall be deemed to read ``Mississippi Museum 
     of Art, Jackson, MS for a Mississippi Museum of Art After-
     School Collaborative'';
       (2) the provision specifying $2,000,000 for the Milken 
     Family Foundation, Santa Monica, CA, for the Teacher 
     Advancement Program shall be deemed to read ``Teacher 
     Advancement Program Foundation, Santa Monica, CA for the 
     Teacher Advancement Program'';
       (3) the provision specifying $1,000,000 for Batelle for 
     Kids, Columbus, OH for a multi-state effort to evaluate and 
     learn the most effective ways for accelerating student 
     academic growth shall be deemed to read ``Battelle for Kids, 
     Columbus, OH for a multi-state effort to implement, evaluate 
     and learn the most effective ways for accelerating student 
     academic growth'';
       (4) the provision specifying $750,000 for the Institute of 
     Heart Math, Boulder Creek, CO for a teacher retention and 
     student dropout prevention program shall be deemed to read 
     ``Institute of Heart Math, Boulder Creek, CA for a teacher 
     retention and student dropout prevention program'';
       (5) the provision specifying $200,000 for Fairfax County 
     Public Schools, Fairfax, VA for Chinese language programs in 
     Franklin Sherman Elementary School and Chesterbrook 
     Elementary School in McLean, Virginia shall be deemed to read 
     ``Fairfax County Public Schools, Fairfax, VA for Chinese 
     language programs in Shrevewood Elementary School and 
     Wolftrap Elementary School'';
       (6) the provision specifying $1,250,000 for the University 
     of Alaska/Fairbanks in Fairbanks, AK, working with the State 
     of Alaska and Catholic Community Services, for the Alaska 
     System for Early Education Development (SEED) shall be deemed 
     to read ``University of Alaska/Southeast in Juneau, AK, 
     working with the State of Alaska and Catholic Community 
     Services, for the Alaska System for Early Education 
     Development (SEED)'';
       (7) the provision specifying $25,000 for QUILL Productions, 
     Inc., Aston, PA, to develop and disseminate programs to 
     enhance the teaching of American history shall be deemed to 
     read ``QUILL Entertainment Company, Aston, PA, to develop and 
     disseminate programs to enhance the teaching of American 
     history'';
       (8) the provision specifying $780,000 for City of St. 
     Charles, MO for the St. Charles Foundry Arts Center in 
     support of arts education shall be deemed to read ``The 
     Foundry Art Centre, St. Charles, Missouri for support of arts 
     education in conjunction with the City of St. Charles, MO'';
       (9) the provision specifying $100,000 for Community Arts 
     Program, Chester, PA, for arts education shall be deemed to 
     read ``Chester Economic Development Authority, Chester, PA 
     for a community arts program'';
       (10) the provision specifying $100,000 for Kids with A 
     Promise--The Bowery Mission, Bushkill, PA shall be deemed to 
     read ``Kids with A Promise--The Bowery Mission, New York, 
     NY'';
       (11) the provision specifying $50,000 for Great Projects 
     Film Company, Inc., Washington, DC, to produce ``Educating 
     America'', a documentary about the challenges facing our 
     public schools shall be deemed to read ``Great Projects Film 
     Company, Inc., New York, NY, to produce `Educating America', 
     a documentary about the challenges facing our public 
     schools'';
       (12) the provision specifying $30,000 for Summer Camp 
     Opportunities Provide an Edge (SCOPE), New York, NY for YMCA 
     Camps Skycrest, Speers and Elijabar shall be deemed to read 
     ``American Camping Association for Summer Camp Opportunities 
     Provide an Edge (SCOPE), New York, NY for YMCA Camps Skycrest 
     and Speers-Elijabar''; and
       (13) the provision specifying $163,000 for Space Education 
     Initiatives, Green Bay, WI for the Wisconsin Space Science 
     Initiative shall be deemed to read ``Space Education 
     Initiatives, De Pere, WI for the Wisconsin Space Science 
     Initiative''.


   technical corrections--fund for the improvement of postsecondary 
                      education--fiscal year 2005

       Sec. 6037. In the statement of the managers of the 
     committee of conference accompanying H.R. 4818 (Public Law 
     108-447; House Report 108-792), in the matter in title III of 
     division F, relating to the Fund for the Improvement of 
     Postsecondary Education under the heading ``Higher 
     Education''--
       (1) the provision specifying $145,000 for the Belin-Blank 
     Center at the University of Iowa, Iowa City, IA for the Big 
     10 school initiative to improve minority student access to 
     Advanced Placement courses shall be deemed to read 
     ``University of Iowa, Iowa City, IA for the Iowa and Israel: 
     Partners in Excellence program to enhance math and science 
     opportunities to rural Iowa students'';
       (2) the provision specifying $150,000 for Mercy College, 
     Dobbs Ferry, NY for the development of a registered nursing 
     program shall be deemed to read ``Mercy College, Dobbs Ferry, 
     NY, for the development of a master's degree program in 
     nursing education, including marketing and recruitment 
     activities'';
       (3) the provision specifying $100,000 for University of 
     Alaska/Southeast to develop distance education coursework for 
     arctic engineering courses and programs shall be deemed to 
     read ``University of Alaska System Office to develop distance 
     education coursework for arctic engineering courses and 
     programs''; and
       (4) the provision specifying $100,000 for Culver-Stockton 
     College, Canton, MO for equipment and technology shall be 
     deemed to read ``Moberly Area Community College, Moberly, MO 
     for equipment and technology''.


 technical corrections--fund for the improvement of education--fiscal 
                               year 2004

       Sec. 6038. In the statement of the managers of the 
     committee of conference accompanying H.R. 2673 (Public Law 
     108-199; House Report 108-401), in the matter in title III of 
     division E, relating to the Fund for the Improvement of 
     Education under the heading ``Innovation and Improvement'' 
     the provision specifying $1,500,000 for the University of 
     Alaska at Fairbanks for Alaska System for Early Education 
     Development

[[Page S3393]]

     (SEED) program to expand early childhood services and to 
     train Early Head Start teachers with AAS degrees for 
     positions in rural Alaska shall be deemed to read 
     ``University of Alaska/Southeast in Juneau, AK, working with 
     the State of Alaska and Catholic Community Services, for the 
     Alaska System for Early Education Development (SEED) program 
     to expand early childhood services and to train Early Head 
     Start teachers with AAS degrees for positions in rural 
     Alaska''.


    corporation for national and community service for grant reviews

       Sec. 6039. The matter under the heading ``Corporation for 
     National and Community Service--National and Community 
     Service Programs Operating Expenses'' in title III of 
     division I of Public Law 108-447 is amended by inserting 
     before the period at the end the following: ``: Provided 
     further, That the Corporation may use up to 1 percent of 
     program grant funds made available under this heading to 
     defray its costs of conducting grant application reviews, 
     including the use of outside peer reviewers''.


                        copyright royalty judges

       Sec. 6040. (a) During fiscal year 2005, the Librarian of 
     Congress shall transfer from funds under the subheading 
     ``salaries and expenses'' under the heading ``LIBRARY OF 
     CONGRESS'' under title I of the Legislative Appropriations 
     Act, 2005 to the account under the subheading ``salaries and 
     expenses'' under the heading ``Copyright Office'' under the 
     heading ``LIBRARY OF CONGRESS'' under title I of that Act 
     such funds as necessary to carry out the Copyright Royalty 
     Judges program under chapter 8 of title 17, United States 
     Code, as amended by the Copyright Royalty and Distribution 
     Reform Act of 2004 (Public Law 108-419), subject to 
     subsection (b).
       (b) No more than $485,000 may be transferred under this 
     section.


           TECHNICAL CORRECTION--DEPARTMENT OF TRANSPORTATION

       Sec. 6041. The matter under the heading ``Federal Transit 
     Administration, Capital Investment Grants'' in title I of 
     division H of Public Law 108-447 is amended by striking 
     ``$3,591,548'' and inserting ``$1,362,683'' and by striking 
     ``$22,554,144'' and inserting ``$12,998,815'': Provided, That 
     the amount of new fixed guideway funds available for each 
     project expected to complete its full funding grant agreement 
     this fiscal year shall not exceed the amount which, when 
     reduced by the across-the-board rescission of 0.80 percent of 
     such Act, is equal to the amount of new fixed guideway funds 
     required to complete the commitment of Federal new fixed 
     guideway funds reflected in the project's full funding grant 
     agreement: Provided further, That of the new fixed guideway 
     funds available in Public Law 108-447, $1,352,899 shall be 
     available for the Northern New Jersey Newark Rail Link MOS 1 
     project, no funds shall be available for the Northern New 
     Jersey Newark-Elizabeth Rail Line MOS 1 project, and $316,427 
     shall be available for the Northern New Jersey Hudson-Bergen 
     Light Rail MOS 1 project.


                             THE JUDICIARY

       Sec. 6042. Section 308 of division B of Public Law 108-447 
     is amended by striking ``shall be deposited'' and all that 
     follows through ``expenses'' and inserting in lieu thereof 
     ``shall be deposited as offsetting receipts to the fund 
     established under 28 U.S.C. section 1931 and shall remain 
     available to the Judiciary until expended to reimburse any 
     appropriation for the amount paid out of such appropriation 
     for expenses of the Courts of Appeals, District Courts, and 
     Other Judicial Services and the Administrative Office of the 
     United States Courts''.
       Sec. 6043. Section 325 of S. 256, the Bankruptcy Abuse 
     Prevention and Consumer Protection Act of 2005, as passed by 
     the Senate on March 10, 2005, is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) United States Trustee System Fund.--Section 589a(b) 
     of title 28, United States Code, is amended--
       ``(1) by striking paragraph (1) and inserting the 
     following:
       `` `(1)(A) 29.75 percent of the fees collected under 
     section 1930(a)(1)(A) of this title; and
       `` `(B) 39.67 percent of the fees collected under section 
     1930(a)(1)(B);';
       ``(2) in paragraph (2), by striking `one-half' and 
     inserting `75 percent'; and
       ``(3) in paragraph (4), by striking `one-half' and 
     inserting `100 percent'. '';
       (2) by striking subsection (c) and inserting the following:
       ``(c) Collection and Deposit of Miscellaneous Bankruptcy 
     Fees.--Section 406(b) of the Judiciary Appropriations Act, 
     1990 (28 U.S.C. 1931 note) is amended by striking `pursuant 
     to 28 U.S.C. section 1930(b)' and all that follows through 
     `28 U.S.C. section 1931' and inserting `under section 1930(b) 
     of title 28, United States Code, 29.75 percent of the fees 
     collected under section 1930(a)(1)(A) of that title, 39.67 
     percent of the fees collected under section 1930(a)(1)(B) of 
     that title, and 25 percent of the fees collected under 
     section 1930(a)(3) of that title shall be deposited as 
     offsetting receipts to the fund established under section 
     1931 of that title'. ''; and
       (3) by striking subsections (d) and (e) in their entirety.


         TECHNICAL CORRECTIONS--GENERAL SERVICES ADMINISTRATION

       Sec. 6044. Under the heading ``Federal Buildings Fund'' in 
     title IV of division H of Public Law 108-447, strike 
     ``$60,000,000'' and insert in lieu thereof ``$60,600,000'' in 
     reference to the Las Cruces United States Courthouse.
       Sec. 6045. Section 408 in title IV of division H of Public 
     Law 108-477 is amended by striking ``Section 572(a)(2)(ii)'' 
     and inserting in lieu thereof ``Section 572(a)(2)(A)(ii)''.


   TECHNICAL CORRECTION--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

       Sec. 6046. (a) The referenced statement of the managers 
     under the heading ``Community Development Fund'' in title II 
     of division I of Public Law 108-447 is deemed to be amended 
     with respect to item 230 by striking ``City'' and inserting 
     ``Port''.
       (b) The referenced statement of the managers under the 
     heading ``Community Development Fund'' in title II of 
     division I of Public Law 108-447 is deemed to be amended with 
     respect to item 233 by inserting ``Port of'' before the words 
     ``Brookings Harbor''.
       (c) The referenced statement of the managers under the 
     heading ``Community Development Fund'' in title II of 
     division I of Public Law 108-447 is deemed to be amended with 
     respect to item number 30 by inserting ``to be used for 
     planning, design, and construction'' after ``California,''.
       (d) The referenced statement of managers under the heading 
     ``Community Development Fund'' in title II of division G of 
     Public Law 108-199 is deemed to be amended with respect to 
     item number 122 by inserting ``to be used for planning, 
     design, and construction'' after ``California,''.
       This Act may be cited as the ``Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Tsunami Relief, 2005''.
  Amend the title so as to read: ``An Act Making Emergency Supplemental 
    Appropriations for Defense, the Global War on Terror, and Tsunami 
    Relief, for the fiscal year ending September 30, 2005, and for 
    other purposes.''.
  The ACTING PRESIDENT pro tempore. The Senator from Mississippi.
  Mr. COCHRAN. Mr. President, the Senate now has under consideration 
H.R. 1268, the fiscal year 2005 emergency supplemental appropriations 
bill. Pending is the substitute amendment recommended by the Committee 
on Appropriations. The committee met last Wednesday, April 6, and 
reported the bill with the substitute amendment by a unanimous consent 
vote of 28 to 0.
  Our recommended substitute would provide a total of $80,581,832,000 
in supplemental appropriations for fiscal year 2005. The recommendation 
is $1,460,796,000 below the President's request and $758,046,000 below 
the amount recommended in the House-passed bill.
  The substitute is comprised of six titles.
  Title I provides a total of $74,426,257,000 for defense-related 
activities, primarily the costs of continuing operations in Iraq and 
Afghanistan.
  Title II includes $4,322,700,000 for international security programs, 
for assistance for reconstruction in Iraq and Afghanistan, and for 
support for coalition allies.
  Title III provides appropriations in the amount of $687,145,000 for 
domestic activities related to homeland security and counterterrorism.
  Title IV includes appropriations for Indian Ocean tsunami relief in 
the amount of $907,344,000.
  Title V includes $238,390,000 for other emergency appropriations.
  Title VI includes general provisions and technical corrections.
  This is a straightforward bill. It meets the needs of our fighting 
forces overseas. It provides funding to meet our international 
responsibilities. It offers relief to the victims of the catastrophic 
tsunami in the Indian Ocean and addresses emergency requirements at 
home. It is critically important we move this bill through the Senate 
in a deliberate but expeditious fashion so we may confer with our 
colleagues from the other body and present legislation for the 
President's signature by the end of this month.
  I will not take further time of the Senate today to go into all of 
the details of the proposal. Individual subcommittee chairmen and their 
ranking minority members will be available to Senators to explain the 
details of the bill as needed and as requested by Senators.
  At the appropriate time, I will move the committee substitute be 
adopted and be treated as original text for the purposes of further 
amendment.
  Before yielding to my distinguished friend and colleague from West 
Virginia, Senator Byrd, the ranking minority member of the committee, I 
share with the Senate an interesting e-mail that was sent to one of my 
staff members by one of the helicopter pilots who was aboard the USS 
Abraham Lincoln, which steamed into the Indian Ocean immediately upon 
hearing about the devastating earthquakes and the tsunami tidal waves 
in that region of the world. They were one of our largest ships in the 
general region. They immediately got underway from their

[[Page S3394]]

port when they heard the news and could tell how serious this situation 
was and steamed to the region.
  This friend wrote an e-mail to my detailee from the Department of 
Defense who is a CDR Brian Glackin. At this time he has gone back to 
active duty for his full-time job in the Navy. He gets this e-mail, 
which he gave me a copy of, which I will read portions of so we can 
appreciate the response of the United States, as quickly as it was 
made, to this devastating situation.

       Stationed aboard the Abraham Lincoln we were inport Hong 
     Kong on the morning of 26 Dec when we heard of the massive 
     earthquake and devastating Tsunamis in the Bay of Bengal. As 
     soon as we were aware of the horrible destruction we departed 
     Hong Kong and headed South at best speed . . .

  Then he described what happened when they arrived.

       I was in the first wave of helos sent ashore to establish a 
     logistical hub and move supplies from Banda Acch airport--
     only a few miles from the destroyed north coast of the 
     island.

  He describes the bodies in the water, the houses floating in the 
ocean, the scenes along the coast as they were flying into the airport.

       We arrived at the airport to a scene of confusion and near 
     chaos. Six days after the disaster and there was no 
     infrastructure in place to assist these people. About 500 
     displaced Indonesians who had survived had made their way to 
     the airport in search of a flight out of the area.
       . . . there was only one other American military member at 
     the airport--an Army Major who had made his way up from the 
     Embassy in Jakarta. A few Australians were already there and 
     had set up a logistics hub to accept supplies. The Indonesian 
     military had a base here as well and were accepting supplies 
     but they had no other way than trucks to travel to the 
     destroyed areas inland to move the food and water.

  Then he talks about being a fixed wing pilot. He was not able to fly 
helicopters, but he helped coordinate the relief efforts. He 
complimented the nongovernment organizations that within an hour had 
loaded our first relief supplies to move down the west coast. He 
complimented the USAID and the International Organization of Migration 
as being invaluable in the establishing of assistance. He said:

       USAID has amazing logistical support to gather supplies 
     from all over the world. The one thing both of these 
     organizations lacked was the ability to distribute supplies 
     to the people in need. That is where we came into play.
       We have set up a system now to have twelve of our 
     Helicopters flying from sunrise to sunset to assist. We have 
     been carrying everything from biscuits, rice, noodles, milk, 
     water and medical supplies. We transport doctors and medical 
     staff as well. The Indonesian people are in need of 
     everything. Their homes along the coast have been washed away 
     and we are finding them wandering aimlessly with no ability 
     to acquire food, water or badly needed medical assistance. 
     They all lack the ability to communicate as all phone lines 
     are destroyed and there is no electricity. As our pilots drop 
     off these supplies there are stories of the Indonesians 
     hugging them with relief and joy.
       Our pilots then fly north to return back to [the airport] 
     for resupply and they are finding small pockets of personnel 
     who do not have any aid. They are able to pick many of them 
     up and fly them to [the airport]. Most are near death.
       Yesterday we had a helo land with seven badly injured or 
     dehydrated personnel all in critical condition. One was a 
     seven year old girl. The doctors told me we saved her life as 
     she would not have lived through the night. I couldn't help 
     but think of my beautiful daughters and it was then that I 
     realized the gravity of what we really were doing.

  He said:

       I see on the news [now] the incredible outpouring of 
     support from the US--it is a wonderful and necessary thing. 
     The effort here at sea is equally as impressive. These young 
     sailors are all extremely eager to get ashore and do whatever 
     is needed despite the threat of disease and the obvious 
     destruction.

  He pointed out earlier that no sailors were asked to do anything who 
did not volunteer to do it. The commanding officer asked if sailors 
would like to participate and go ashore, and there were huge numbers 
who did.

       My squadron alone has already put numerous sailors ashore 
     to assist with the loading and moving of the helos. I have 
     never been so proud to be a member of the US military. We 
     often are focused on keeping the peace and deterring evil 
     acts. To now be able to have a direct impact in saving lives 
     and attempt to rebuild a society is a testament to the United 
     States' amazing resolve and capabilities.
       I thank you all for your efforts and your support. Please 
     continue to keep the Indonesians in your thoughts and 
     prayers. As of today this country alone is approaching 
     100,000 deaths from this disaster--we need to do all that is 
     possible to mitigate any further suffering or loss of life.

  Signed: CDR T.R. Williams, Executive Officer, deployed aboard the USS 
Abraham Lincoln. 
  Mr. President, I ask unanimous consent that the entire e-mail that I 
read from be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

     From: Glackin, Brian CDR AAUSN-PTGN (FM&C) 
         [mailto:[email protected]]
     Sent: Thursday, January 13, 2005 7:08 AM
     To: Cochran, Thad (Cochran)
     Subject: FW: Tsunami update from the Lincoln
       Senator, Below is a letter from a fellow naval aviator and 
     good friend explaining his role in the Tsunami relief 
     efforts. I think you will find it interesting.
           Very Respectfully,
                                                            Brian.

       Hello family and friends,
       I just spent 3 days ashore at Banda Aceh working to assist 
     all of those in dire need in Indonesia.
       Stationed aboard the Abraham Lincoln we were inport Hong 
     Kong on the morning of 26 Dec. when we heard of the massive 
     earthquake and devastating Tsunamis in the Bay of Bengal. As 
     soon as we were aware of the horrible destruction we departed 
     Hong Kong and headed South at best speed--without any 
     official request from governments. As we proceeded, we were 
     completely unaware of what we could do or even if we would be 
     needed, but we continued through the Strait of Malacca 
     enroute to Indonesia and Thailand. Our mission was quickly 
     defined and we were tasked to assist Indonesia as best as 
     able. To do so we requested volunteers aboard the ship to 
     assist. The response as you can imagine was overwhelming as 
     all sailors want to do is help any way possible. We also knew 
     that this would be a job for the SH-60 Helicopters we have 
     aboard. We have currently shut down the flying for all 
     carrier fixed wing aircraft (that's me) as there was no 
     mission or request. For the first time in my 17 year Naval 
     career, I have seen us stop flying tactical fixed wing 
     aircraft--the primary purpose of an aircraft carrier--
     completely as all of our focus is on this disaster.
       We arrived off the north shore of Indonesia on the morning 
     of January 1st. I was in the first wave of helos sent ashore 
     to establish a logistical hub and move supplies from Banda 
     Aceh airport--only a few miles from the destroyed north coast 
     of the island. Not knowing what to expect as we lifted off 
     the deck, we were quickly given a glimpse as we could see 
     numerous corpses floating in the water. There were large 
     clusters of debris that looked like one time houses floating 
     in piles scattered all over the ocean. As we approached the 
     decimated shore we saw a cargo ship that was at least 300 
     feet long capsized on the beach. Proceeding further inland we 
     were amazed that the coastal town was gone, You could see 
     outlines of where foundations once were, but as the 
     earthquake shook them loose, the Tsunamis washed everything 
     out to sea. As we continued inland, the devastation was 
     evident more than 2 miles from the coast. We then approached 
     very green and lush mountains--a sharp contrast to the 
     leveled brown terrain of the decimated coast. We climbed in 
     the helos over these 2,000 foot peaks and entered an area of 
     surreal, beautiful countryside.
       We arrived at the airport to a scene of confusion and near 
     chaos. Six days after the disaster and there was no 
     infrastructure in place to assist these people. About 500 
     displaced Indonesians who had survived had made their way to 
     the airport in search of a flight out of the area southeast 
     to the safe havens of Medan or Jakarta where there is little 
     or no damage.
       Upon arrival, there was only one other American military 
     member at the airport--an Army Major who had made his way up 
     from the Embassy in Jakarta. A few Australians were already 
     there and had set up a basic logistics hub to accept 
     supplies. The Indonesian military had a base here as well and 
     were accepting supplies but had no way other than trucks 
     which could not travel on the destroyed roads to move the 
     food and water.
       Being a Prowler pilot with no helicopter flying abilities, 
     I was sent in to be the Carrier Air Wing Two liaison to move 
     supplies! Realizing there was no one to liaise with, myself 
     and my squadron mate, Lt. Ken ``Jub'' Velez became the 
     primary coordinators to make this relief effort happen. 
     Arriving at 0900, we were able to coordinate with the 
     Indonesians and the NGO's (Non-Government Organizations), 
     and within an hour have our first load of relief supplies 
     moving down the west coast. The two primary NGO's USAID 
     and IOM (International Organization of Migration) have 
     been invaluable in the establishing of assistance. They 
     have a small medical tent with trained doctors capable of 
     triaging and stabilizing patients.
       US AID has amazing logistical support to gather supplies 
     from all over the world. The one thing both of these 
     organizations lacked was the ability to distribute supplies 
     to the people in need. That is were we came into play.
       We have set up a system now to have twelve of our 
     Helicopters flying from sunrise to sunset to assist. We have 
     been carrying everything from biscuits, rice, noodles, milk, 
     water and medical supplies. We transport doctors and medical 
     staff as well. The Indonesian people are in need of 
     everything.

[[Page S3395]]

     Their homes along the coast have been washed away and we are 
     finding them wondering aimlessly with no ability to acquire 
     food, water or badly needed medical assistance. They all lack 
     the ability to communicate as all phone lines are destroyed 
     and there is no electricity. As our pilots drop off these 
     supplies there are stories of the Indonesians hugging them 
     with relief and joy. Our pilots then fly north to return back 
     to Banda Aceh for resupply and they are finding small pockets 
     of personnel who do not have any aid. They are able to pick 
     many of them up and fly them to Banda Aceh. Most are near 
     death. Yesterday we had a helo land with seven badly injured 
     or dehydrated personnel all in critical condition. One was a 
     7 year old little girl. The doctors told me we saved her life 
     as she would not have lived through the night. I couldn't 
     help but think of my beautiful daughters and it was then that 
     I realized the gravity of what we really were doing.
       We will continue this effort as long as we are needed. It 
     is difficult to imagine shifting back to fixed wing flight 
     ops and leaving the area any time soon as the work to be done 
     is almost insurmountable. We have been working hard with the 
     hordes of press who badly need to tell this story. I enlisted 
     the support of my squadron mate, LCDR Dave ``Smack'' Edgarton 
     to specifically deal with the media. With every flight of two 
     that we send down the coast, we embark a two man journalist 
     team, as well as member of the IOM to coordinate with any 
     injured or displaced persons who need our help. Yesterday we 
     hosted Dan Rather and his CBS crew for a 60 minutes evening 
     magazine special he was doing that should air sometime 
     this week in the states. I had breakfast with Mr. Rather 
     aboard the carrier as we discussed the days' events and 
     what he would like to see. He and his staff's graciousness 
     and professionalism impressed me. We have flown Mike 
     Chinoy from CNN and correspondents from all the major U.S. 
     and international networks and newspapers. If something is 
     coming from Banda Aceh, the U.S. Navy has helped them get 
     their story.
       I must say a few words about the volunteer effort here--it 
     is truly an effort of amazement. I see on the news the 
     incredible outpouring of support from the U.S.--it is a 
     wonderful and necessary thing. The effort here at sea is 
     equally as impressive. These young sailors are all extremely 
     eager to get ashore and do whatever is needed despite the 
     threat of disease and the obvious destruction. My squadron 
     alone has already put numerous sailors ashore to assist with 
     the loading and moving of the helos. I have never been so 
     proud to be a member of the U.S. military. We often are 
     focused on keeping the peace and deterring evil acts. To now 
     be able to have a direct impact in saving lives and attempt 
     to rebuild a society is a testament to the United States' 
     amazing resolve and capabilities. I thank you all for your 
     efforts and your support.
       Please continue to keep the Indonesians in your thoughts 
     and prayers. As of today this country alone is approaching 
     100,000 deaths from this disaster--we need to do all that is 
     possible to mitigate any further suffering or loss of life.
           My best to all,
                                                CDR T.R. Williams,
                                       Executive Officer, VAQ-131.

  Mr. COCHRAN. This bill before the Senate contains funds that help 
replenish the accounts that were depleted by our agencies that were 
actively involved in the tsunami relief. We are asking in the bill for 
the Senate to approve about $1 billion for related activities that were 
involved in that operation. The military, of course, incurred costs, 
too, and we hope this bill will help make up the difference in their 
accounts so they will continue to be able to protect our security 
interests around the world.
  Mr. President, I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from West Virginia.
  Mr. BYRD. Mr. President, this is the first appropriations bill 
brought to the floor under the chairmanship of my good friend, the 
senior Senator from the great State of Mississippi, Thad Cochran. He 
has scrubbed the numbers so that, as he has pointed out, the bill is 
under both the President's request and the House of Representatives 
allowance. I commend Senator Cochran for his efforts. This was not 
easy. He has been fairminded. He has been evenhanded in the processing 
of this bill.
  I will say a few words about our former chairman, the very 
distinguished Senator from the State of Alaska, Ted Stevens. Because of 
the committee chair term limits imposed under the Republican Caucus, 
Ted Stevens has taken over the reins of the Senate Commerce Committee. 
He will do a good job there.
  He is always up to the deed, up to the moment. He carries his 
responsibilities manfully, nobly, and he never forgets the Constitution 
of the United States, the fact that this Government is under that 
Constitution, that the separation of powers is a part of that 
Constitution, that the Senate is equal to the House of Representatives, 
and they make up the Congress of the United States, and that the 
Congress is equal to each of the other branches, the executive branch 
and the judicial branch.
  But Senator Stevens, although he has left the chairmanship, and had 
to leave by virtue of the Republican Caucus rules, still serves on the 
Appropriations Committee. He chairs the Subcommittee on Defense. He 
very ably chairs that subcommittee. He has had a lot of experience. He 
knows what he is doing, and he has a mind that is like a tar bucket. 
Everything that hits it sticks to it. He will continue to be a power. 
He has served and he continues to serve the people of Alaska with honor 
and dignity as their Senator.
  Both of these men, the former chairman and the current chairman, are 
true gentlemen to the depths of their hearts in their relations with 
their colleagues. We know they are fair, and we are grateful for that.
  Senator Cochran has worked hard to produce this fiscal year 2005 
emergency supplemental appropriations bill. As he explained, it totals 
$80,581,832,000. That is $1,460,796,000 below the President's budget 
request and $785,046,000 below the House-passed bill. The supplemental 
bill that is before the Senate includes over $74.4 billion for the 
Department of Defense.
  I must say that our men and women in uniform are indeed among the 
finest of our country's citizens. I heard the chairman read the letter 
from a man who was instrumental in helping the people who had been 
disadvantaged by the recent tsunami. This man was on a helicopter. He 
helped move that fixed-wing aircraft into the various parts of one of 
the islands or more than one perhaps.
  I was there 50 years ago. I had to sleep in the mosquito cages, and I 
looked at a huge tarantula crawling around and listened to lizards over 
in the windows rustling about in the room in which I was to sleep. 
Well, this is terribly hot. Gee whiz, when I went there you had to lie 
down. You did not have enough energy to walk around. You slept in 
mosquito cages.
  Well, think of what this man who wrote the letter was going through 
on the helicopter. He was on a mission of mercy--mercy--thank God. I 
salute him for that letter. What a graphic story of what was going on, 
and the service our men and women were performing. I salute them for 
their valor. I thank them for their service.

  But we owe our troops more than mere gratitude for a job well done. 
We owe our troops the confidence of a clearly defined military mission, 
one that has measurable goals and benchmarks and, more importantly, one 
that has an identifiable endpoint. In short, we owe our troops--our men 
and women, our magnificent troops--in Iraq not only the resources with 
which to fight the war but also a strategy to end that war. I was never 
in favor of it in the beginning, but that is a matter of record and 
history.
  Unfortunately, the President's supplemental budget request fails to 
deliver what our troops need most. The President is asking the Congress 
to continue to shovel out money into United States military operations 
in Iraq with no further clarity as to what goals the military is 
expected to achieve, no hint--not even a hint--of a possible timetable, 
and no end to the occupation in sight.
  The recent elections in Iraq gave the United States a unique window 
of opportunity to change course in order to lower the profile of the 
American military presence and to open the door to greater 
international cooperation. But the administration, despite all of its 
conciliatory gestures to our European allies, has effectively 
squandered that opportunity.
  The very size of this supplemental request sends a clear message that 
the United States is not winding down its military operations in Iraq. 
Instead, the United States appears to be gearing up either to 
accommodate a permanent military presence in Iraq or to establish a 
launching pad for other military operations in the region. Oh, how 
long--how long--is this going to continue in this fashion? Either way, 
we are sending the wrong signals to the people of Iraq, to its 
neighbors in the region, and to the larger international community.
  Instead of taking this opportunity to temper anti-American sentiment

[[Page S3396]]

among disaffected Iraqis and their neighbors, the administration has 
turned up the heat, and now the Iraqis are saying: Get out. Leave us 
alone. Come back some other day, but let us alone. Let us alone. Those 
protests are mounting. The administration has turned up the heat with 
the construction of new military facilities in Iraq and the 
construction of the most costly Embassy in the world in Iraq, a country 
of only 25 million inhabitants.
  You taxpayers out there who are watching this debate through those 
magnificent lenses, it is your money, your sons, your daughters.
  I am troubled by many aspects of this request. I want to support our 
troops. I fully intend to support our troops. I would not think of 
doing otherwise. They are there. They have been there too long. Few of 
them asked to go there, but they are there. They are the empty chairs 
at the table on Thanksgiving, on Christmas, on holy days--empty chairs.
  I am not willing to give the executive branch carte blanche to run 
roughshod over the Congress and to pursue policies never debated fully 
on this floor.
  The request sent to the Congress by this administration contained 
``ambiguous flexibilities'' to spend money on unspecified activities 
with little or no involvement of the Members of Congress. I am grateful 
that Chairman Cochran has responded to my entreaties to limit these 
extraordinary authorities. I suggest the committee bill still goes too 
far.
  The President also requested, and the bill still includes, ambitious 
policy initiatives, including the construction of a permanent maximum 
security prison at Guantanamo, Cuba, and a host of seemingly enduring 
military facilities in Iraq. Why? The courts have yet to determine what 
the legal status is of detainees from the war on terrorism or whether 
the United States can continue to hold them indefinitely without 
charging them with any specific crime. Yet this bill includes $36 
million to build a permanent prison facility at Guantanamo Bay. I went 
there years ago. These are policy decisions, not simply pocketbook 
issues. Decisions to build permanent facilities should not be made via 
an emergency supplemental appropriations bill.
  In fact, the White House has turned on its head the definition of an 
emergency supplemental appropriation. In his budget, the President 
calls on Congress to deploy a stricter standard for what constitutes 
emergency spending, spending that is thus excluded from constraints on 
spending. He urges the Congress to only approve emergency spending for 
activities that are ``necessary expenditures, sudden, urgent, 
unforeseen, and not permanent.'' Yet the President has asked the 
Congress to approve funding for the most expensive U.S. Embassy in the 
world. And he hasn't done it in a regular bill; he has done it in an 
emergency war supplemental. This Embassy would be larger than the U.S. 
Embassy in Russia, larger than the U.S. Embassy in China, larger than 
the U.S. Embassy in Saudi Arabia, and 10 times the size of most U.S. 
Embassies. Funds to staff that Embassy, which will not be needed until 
fiscal year 2006, are also requested in this emergency bill. As noted 
earlier, to build a permanent prison at Guantanamo Bay is also 
requested.
  A supplemental bill is being used to tunnel deeper and deeper and 
deeper into Iraq with no definitive exit strategy in sight and no light 
on the horizon. This request encompasses serious and far-reaching 
policy questions, and we are having it shoved down our throats.
  Moreover, on July 17, 2003, the Senate voted 81 to 15 for my 
amendment expressing the sense of the Senate that the President should 
request funds for the wars in Iraq and Afghanistan--they are two 
different wars--in the regular budget, rather than through emergency 
supplemental appropriations bills.
  On June 24, 2004, I offered the same sense-of-the-Senate amendment 
which was approved by an even wider margin in the Senate by a vote of 
89 to 9. Both sides joined in. Republicans and Democrats joined in that 
vote. It was 89 to 9. These are strong, emphatic, definitive votes. 
This provision was included in both the fiscal year 2004 and fiscal 
year 2005 Defense Appropriations Acts. I didn't put those words in 
those acts alone. It was with the support of Republicans and Democrats 
on both sides of the aisle. So much for the views of the Senate.
  Instead, the White House chose to seek an $81.9 billion emergency 
supplemental for fiscal year 2005 and requested nothing for the war for 
fiscal year 2006. This is not truth in budgeting. This is not leveling 
with the American people about their money. This is not truth in 
budgeting. This is hocus-pocus. Now you see it; now you don't. It is 
not there.
  Tactics such as this hide the real cost of the wars. I say it to you 
people out there who are watching through those lenses, watching the 
most deliberative body, upper body in the world today--and I hope it 
remains that way; I hope the nuclear option is pushed aside--tactics 
like this, putting these requests into emergency supplementals, hiding 
the real costs of the wars. The American people don't see those costs. 
That is wrong. That is not being fair with the American people. That is 
not being honest with the American people. That is not being 
straightforward with the American people. That is not laying it on the 
line with the people who are going to pay the cost.
  By seeking $81.9 billion as an emergency supplemental, rather than in 
his budget, the President avoids a debate about priorities and how the 
war should be paid for. By seeking an $81.9 billion emergency 
supplemental for the war, by asking for that much money in an emergency 
supplemental for the war in Iraq, the President avoids any discussion 
of the tradeoffs that are inherent in a decision to spend another $81.9 
billion on defense and foreign aid.
  If the President's emergency request for 2005 is approved, the 
Congress will have approved over $210 billion just for the war in Iraq. 
How much is $210 billion? That is $210 for every minute since Jesus 
Christ was born 2,000 years ago. How much is it? That is $210 for every 
minute that has passed since Jesus Christ was born 2,000 years ago.

  While the budget deficit grows to record levels, the President tells 
us we have to cut domestic programs by $192 billion over the next 5 
years. The President tells us we have to charge veterans--those brave 
men and women--for their medical care, and we have to cut grants for 
firefighters and first responders, that we cannot adequately fund the 
No Child Left Behind Act, and that we should cut funding for the 
National Institutes of Health.
  For fiscal year 2006, the President fails to request any funding for 
the two wars in Iraq and Afghanistan. I will say that again. For fiscal 
year 2006, the President fails to request any funding for the wars in 
Iraq and Afghanistan. The President pretends that he cannot project 
what the war will cost in 2006. Well, I assure the American people the 
costs will not be zero. The President will not tell the American people 
what the war in Iraq will cost. No, he will not tell the American 
people what the war will cost in Iraq. It is your money, I say to the 
people of this country. Republicans, Democrats, Independents, whatever 
you will, it is your money.
  Nor will the President give the American people a plan for getting 
out of Iraq. How long are the American people going to suffer under the 
weight of this colossal burden? The President continues to insist on 
borrowing the money to fund the war in Iraq 1 year at a time through 
emergency supplemental appropriations requests. So far, the Department 
of Defense has received appropriations of $16 billion, $14 billion, $7 
billion, $10 billion, $63 billion, $65 billion, and $25 billion for the 
costs of the wars in Afghanistan and Iraq--all emergency spending, one 
piece at a time, and all of it, adding to our horrendous debt. What a 
shame. What a colossal shame.
  In his budget for fiscal year 2006, the President's only plan to help 
pay for his tax cuts and his war in Iraq is to slash that small portion 
of the budget that pays for priorities at home. In order to hide the 
consequences of his proposed cuts in domestic programs--cuts of $192 
billion over 5 years--the President's budget excludes the details that 
are traditionally included in the budget. However, based on data the 
Office of Management and Budget has provided to the Congress on the 
levels of funding in each of the next 5 years, the Center on Budget and 
Policy Priorities has studied the impact of the proposed cuts.

[[Page S3397]]

  Adjusted for inflation for 2010, when the President's proposed 
reductions would reach their full dimensions, education funding for 
kindergarten through the 12th grade would be cut by $4.6 billion or 12 
percent. Grants to States and localities would be cut by nearly $22 
billion in 2010. The number of low-income women, infants, and young 
children receiving assistance through the WIC supplemental nutrition 
program would be cut, cut, cut by $670,000. The number of children in 
low-income working families who receive childcare assistance would be 
cut, cut, cut by $300,000. The number of low-income families, elderly 
people, and people with disabilities who receive rental assistance 
through the provision of rental vouchers that help them to afford 
modest apartments would be cut, cut, cut by $370,000. Environmental 
protection would be reduced by 23 percent, including EPA programs that 
support State and local efforts to ensure clean drinking water, reduce 
air pollution, and upgrade sewage treatment facilities which would be 
sliced 28 percent.
  I call on the President--Mr. President, I say this to the President 
in the White House--to send Congress a budget amendment this week that 
includes his estimates for the real costs of the wars in Iraq and 
Afghanistan. There are tradeoffs we are making to fund these efforts to 
the tune of about $1 billion a week. There needs to be a debate about 
that. The issue becomes crystal clear when these war costs are shown as 
part of the regular budget process. As we consider the budget for 
fiscal year 2006, Congress should understand the full cost of the wars.
  I want to say that again. I shall say it again. As we consider the 
budget for fiscal year 2006, Congress should understand and the 
American people should understand the full costs of the wars, and 
especially the war in Iraq, so that we, the Members of Congress, can 
make reasoned spending choices so that we can inform our constituents 
about how we plan to pay for those choices.
  Again, I thank my chairman. I thank the staff, the magnificent staff 
of the Appropriations Committee, the staff who worked hard to help our 
chairman and to help me and to help the members of our Appropriations 
Committee in our efforts to bring this full bill to the floor.
  The majority staff is led by Keith Kennedy. There is a man, Keith 
Kennedy. He knows what he is doing. He knows this bill up and down and 
sideways. Keith Kennedy. I am gratified that the chair has chosen him, 
and I am also thankful to the chair that he has chosen a man like Mr. 
Kennedy.
  I am also thankful for the minority staff, led by Terry Sauvain, that 
man from Notre Dame, and a deputy named Chuck Kieffer. He has worked on 
both the legislative and executive sides. He knows the appropriations 
process inside, outside, from the executive branch viewpoint and from 
the legislative side. I thank all of the members of the appropriations 
staff on both sides of the aisle. I thank the Chair, and I thank all 
Senators. Again, I thank my illustrious chairman.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Mississippi is 
recognized.
  Mr. COCHRAN. Mr. President, I ask unanimous consent that the 
committee-reported substitute be agreed to and be considered as 
original text for the purpose of further amendments and that no points 
of order be waived by virtue of this agreement.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Mr. BYRD. Mr. President, that request is supported on this side of 
the aisle 100 percent.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. COCHRAN. Mr. President, I compliment and thank most sincerely my 
friend from West Virginia, the distinguished senior Democratic member 
of the Appropriations Committee, for his support during the committee 
markup in terms of the procedures for the consideration of the House-
passed bill. We substituted a complete text in the committee markup for 
the House bill and proceeded to consider amendments to that text. We 
made some changes in that House bill, as is reflected by the total 
amount we are recommending be appropriated in the bill by the Senate.
  We bring the bill in below the level of funds requested by the 
President for this bill, and it is below the level approved by the 
House of Representatives. We hope Senators will consider their ideas 
for changes or improvements in the bill. We are not attempting to rush 
the Senate to completion of action on this bill, but we do want to move 
ahead with dispatch so we can get the funds that are provided in this 
bill to the agencies where they are needed, to the Department of 
Defense and the Department of State for depleted accounts.
  The challenges we face in Iraq and Afghanistan have been costly, as 
we all recognize, but we need to move forward to a successful 
conclusion of those operations so that troops can be returned home as 
soon as possible, so that stability can be restored in that and other 
regions of the world, and so that the economy of those countries can be 
free flowing once again.
  In that connection, I was heartened to receive a call from the 
Secretary of Agriculture last week advising me that the interim 
government in Iraq had decided to purchase 60,000 tons of rice from the 
United States. This is an indication, it seems to me, that their 
economy is beginning to move forward, that the Iraqi Government and the 
people of Iraq are moving toward the day when they will be able to 
stand on their own two feet, that they will be able to take care of 
themselves from a security standpoint and in every other way be a 
functioning entity in that region for stability and economic progress. 
That is the goal; that is the purpose of the sacrifices we are making 
today--to make this world safer for all people.

  I compliment the President and the leadership of his Cabinet--
particularly Secretary Rumsfeld and Secretary Rice--as they carry out 
the missions of the Departments of Defense and State at this very 
difficult time. Now is not the time for the Senate to start eroding the 
confidence we have in the challenges we face and the way we are 
proceeding to meet those challenges. I believe we are making good 
progress, and we ought to compliment the administration for the work 
they have done in this very difficult period in our Nation's history.
  I urge the Senate to approve this substitute.
  The ACTING PRESIDENT pro tempore. The Senator from Alaska is 
recognized.
  Mr. STEVENS. Mr. President, I am pleased to come to the floor to 
support the defense portion of the emergency supplemental 
appropriations bill before us. I thank Senator Cochran and Senator Byrd 
for their support of the funding requested by the Pentagon to continue 
the efforts of our Nation in Iraq and Afghanistan and the global war on 
terrorism.
  The bill has been highlighted by the chairman and Senator Byrd. It 
provides $73.3 billion in new discretionary spending authority for the 
Department of Defense programs. Most of those funds are to continue the 
operations in Iraq and Afghanistan, but we also have authorized use of 
that to pay back those accounts from which funds were borrowed during 
the first half of the current fiscal year on an emergency basis for 
continued operations in those areas.
  Mr. President, $17.5 billion of this money will go toward military 
appropriations accounts. Those moneys are used to fund pay allowances 
and subsistence and other personnel costs for active Guard and Reserve 
troops activated for duty throughout the world.
  This bill also includes funding for special pay, such as imminent 
danger pay, family separation allowances, and hardship duty pay.
  We also provide additional funds for the Servicemembers' Group Life 
Insurance Program and for an enhanced death gratuity. Specifically, 
this bill increases service members' insurance coverage from $250,000 
to $400,000 and raises the death gratuity from $12,000 to $100,000. 
This has been requested, and Congress has authorized to fund these 
enhanced benefits to cover those military personnel who have been or 
may be killed in combat operations.

  We recommend an increase in the death gratuity benefit to cover those 
service members killed in training or in other combat-related 
activities. Almost half of the defense portion of this bill goes toward 
the operation and maintenance accounts of the Department of Defense--
$37.4 billion. Now,

[[Page S3398]]

this reflects the cost of ground operations, flying hours, logistics 
support, fuel, travel, transportation, and support of the global war on 
terrorism.
  Additionally, it will finance the repair and refurbishment of 
equipment used in Iraq and Afghanistan to ensure that our forces remain 
ready to meet global operational commitments.
  The bill provides $15.9 billion for procurement activity across the 
military. It funds force protection equipment, replacement and repair 
of equipment lost in operations, and the equipping of units to support 
upcoming rotations. Senior Department of Defense officials informed our 
committee that they need to receive this supplemental funding by early 
May in order not to impact readiness levels.
  We all know it will take some time to take this bill through 
conference, so I urge the Senate to complete action on the supplemental 
bill as soon as possible so that we can proceed to confer with our 
friends in the House and give this bill to the President for signature 
so it can be reviewed by the processes downtown, which takes at least 
10 days, and get this money to the Department in time to meet these 
contingencies so they don't have to borrow additional moneys from other 
accounts. It complicates the operation when that continues.
  I hope Senators will come forward with their amendments, if they have 
any, on this portion of the supplemental bill.
  Again, I commend our distinguished chairman and senior ranking 
member, Senator Cochran and Senator Byrd, for their cooperation with us 
in bringing this portion of this bill before the Senate. We are a 
little bit lower than the House, and the bill is lower than the 
President's request. I think as matters continue we are going to have 
to review the numbers and make sure we meet the pressing, urgent needs 
of those who wear the uniform of the United States.
  Again, I urge Senators to come forward and make suggestions for 
amendments, if they have them. I look forward to continued support of 
this bill.
  The ACTING PRESIDENT pro tempore. The Senator from Hawaii is 
recognized.
  Mr. INOUYE. Mr. President, the bill before us, as noted by the 
Senator from Alaska, includes $74.4 billion. Of that amount, $73.3 
billion is under the jurisdiction of the Subcommittee on Defense.
  The vast majority of this funding, approximately $42.5 billion, is 
recommended to cover the costs of operations in Iraq and Afghanistan. 
With 150,000 military personnel in Iraq and another 18,000 in 
Afghanistan, the funding included in this bill is essential to support 
our forces.
  The bill also includes $12 billion to repair and replace equipment 
damaged in the operations abroad. This funding will allow the military 
departments to reequip our forces who are returning from 
combat. Without these funds, our military would not be equipped to meet 
future crises.

  The bill provides $5.3 billion for new equipment for our Army and 
Marine forces as they restructure their forces to create additional 
combat capability. While some may question whether these funds qualify 
as emergencies, it should be clear that our military forces will need 
these funds as they begin restructuring transformation.
  Finally, the remaining funds are provided to support those nations 
which are taking part in the operations abroad, including training and 
equipping the Afghanis and Iraqis, and to support related efforts for 
recruiting, morale welfare, recreation, and other military personnel 
needs.
  I support this bill, and I urge all of my colleagues to join me in 
supporting this measure. I thank the Chair.
  Mr. President, I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SCHUMER. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

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