[Congressional Record Volume 151, Number 51 (Monday, April 25, 2005)]
[Senate]
[Pages S4195-S4215]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT, 2005

  On Thursday, April 21, 2005, the Senate passed H.R. 1268, as follows:

       Resolved, That the bill from the House of Representatives 
     (H.R. 1268) entitled ``An Act making emergency supplemental 
     appropriations for the fiscal year ending September 30, 2005, 
     to establish and rapidly implement regulations for State 
     driver's license and identification document security 
     standards, to prevent terrorists from abusing the asylum laws 
     of the United States, to unify terrorism-related grounds for 
     inadmissibility and removal, to ensure expeditious 
     construction of the San Diego border fence, and for other 
     purposes'', do pass with the following amendments:
       Strike out all after the enacting clause and insert:

     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).

[[Page S4196]]

            Operation and Maintenance, Marine Corps Reserve

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

             Operation and Maintenance, Army National Guard

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

                    Afghanistan Security Forces Fund


                     (Including Transfer of Funds)

       For the ``Afghanistan Security Forces Fund'', 
     $1,285,000,000, to remain available until September 30, 2006: 
     Provided, That such funds shall be available to the Secretary 
     of Defense, notwithstanding any other provision of law, for 
     the purpose of allowing the Commander, Combined Forces 
     Command--Afghanistan, or the Secretary's designee to provide 
     assistance, with the concurrence of the Secretary of State, 
     to the security forces of Afghanistan including the provision 
     of equipment, supplies, services, training, facility and 
     infrastructure repair, renovation, and construction: Provided 
     further, That the authority to provide assistance under this 
     section is in addition to any other authority to provide 
     assistance to foreign nations: Provided further, That the 
     Secretary of Defense may transfer the funds provided herein 
     to appropriations for military personnel; operation and 
     maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
     procurement; research, development, test and evaluation; and 
     defense working capital funds to accomplish the purposes 
     provided herein: Provided further, That this transfer 
     authority is in addition to any other transfer authority 
     available to the Department of Defense: Provided further, 
     That upon a determination that all or part of the funds so 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation: Provided further, That of the 
     amounts provided under this heading, $290,000,000 shall be 
     transferred to ``Operation and Maintenance, Army'' to 
     reimburse the Department of the Army for costs incurred to 
     train, equip and provide related assistance to Afghan 
     security forces: Provided further, That contributions of 
     funds for the purposes provided herein from any person, 
     foreign government, or international organization may be 
     credited to this Fund, and used for such purposes: Provided 
     further, That the Secretary shall notify the congressional 
     defense committees in writing upon the receipt and upon the 
     transfer of any contribution delineating the sources and 
     amounts of the funds received and the specific use of such 
     contributions: Provided further, That the Secretary of 
     Defense shall, not fewer than 5 days prior to making 
     transfers from this appropriation, notify the congressional 
     defense committees in writing of the details of any such 
     transfer: Provided further, That the Secretary shall submit a 
     report no later than 30 days after the end of each fiscal 
     quarter to the congressional defense committees summarizing 
     the details of the transfer of funds from this appropriation: 
     Provided further, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                       Iraq Security Forces Fund


                     (Including Transfer of Funds)

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

                              PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

       For an additional amount for ``Procurement of Ammunition, 
     Air Force'', $6,998,000, to remain available until September 
     30, 2007: Provided, That the amount provided under this 
     heading is

[[Page S4197]]

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

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

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

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

         Drug Interdiction and Counter-Drug Activities, Defense


                     (Including Transfer of Funds)

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

                    Office of the Inspector General

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

                             RELATED AGENCY

               Intelligence Community Management Account

       For an additional amount for ``Intelligence Community 
     Management Account'', $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


                       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''.

[[Page S4198]]

       Sec. 1110. Nonreduction in Pay While Federal Employee Is 
     Performing Active Service in the Uniformed Services or 
     National Guard. (a) Short Title.--This section may be cited 
     as the ``Reservists Pay Security Act of 2005''.
       (b) In General.--Subchapter IV of chapter 55 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 5538. Nonreduction in pay while serving in the 
       uniformed services or National Guard

       ``(a) An employee who is absent from a position of 
     employment with the Federal Government in order to perform 
     active duty in the uniformed services pursuant to a call or 
     order to active duty under a provision of law referred to in 
     section 101(a)(13)(B) of title 10 shall be entitled, while 
     serving on active duty, to receive, for each pay period 
     described in subsection (b), an amount equal to the amount by 
     which--
       ``(1) the amount of basic pay which would otherwise have 
     been payable to such employee for such pay period if such 
     employee's civilian employment with the Government had not 
     been interrupted by that service, exceeds (if at all)
       ``(2) the amount of pay and allowances which (as determined 
     under subsection (d))--
       ``(A) is payable to such employee for that service; and
       ``(B) is allocable to such pay period.
       ``(b)(1) Amounts under this section shall be payable with 
     respect to each pay period (which would otherwise apply if 
     the employee's civilian employment had not been 
     interrupted)--
       ``(A) during which such employee is entitled to 
     reemployment rights under chapter 43 of title 38 with respect 
     to the position from which such employee is absent (as 
     referred to in subsection (a)); and
       ``(B) for which such employee does not otherwise receive 
     basic pay (including by taking any annual, military, or other 
     paid leave) to which such employee is entitled by virtue of 
     such employee's civilian employment with the Government.
       ``(2) For purposes of this section, the period during which 
     an employee is entitled to reemployment rights under chapter 
     43 of title 38--
       ``(A) shall be determined disregarding the provisions of 
     section 4312(d) of title 38; and
       ``(B) shall include any period of time specified in section 
     4312(e) of title 38 within which an employee may report or 
     apply for employment or reemployment following completion of 
     service on active duty to which called or ordered as 
     described in subsection (a).
       ``(c) Any amount payable under this section to an employee 
     shall be paid--
       ``(1) by such employee's employing agency;
       ``(2) from the appropriation or fund which would be used to 
     pay the employee if such employee were in a pay status; and
       ``(3) to the extent practicable, at the same time and in 
     the same manner as would basic pay if such employee's 
     civilian employment had not been interrupted.
       ``(d) The Office of Personnel Management shall, in 
     consultation with Secretary of Defense, prescribe any 
     regulations necessary to carry out the preceding provisions 
     of this section.
       ``(e)(1) The head of each agency referred to in section 
     2302(a)(2)(C)(ii) shall, in consultation with the Office, 
     prescribe procedures to ensure that the rights under this 
     section apply to the employees of such agency.
       ``(2) The Administrator of the Federal Aviation 
     Administration shall, in consultation with the Office, 
     prescribe procedures to ensure that the rights under this 
     section apply to the employees of that agency.
       ``(f) For purposes of this section--
       ``(1) the terms `employee', `Federal Government', and 
     `uniformed services' have the same respective meanings as 
     given them in section 4303 of title 38;
       ``(2) the term `employing agency', as used with respect to 
     an employee entitled to any payments under this section, 
     means the agency or other entity of the Government (including 
     an agency referred to in section 2302(a)(2)(C)(ii)) with 
     respect to which such employee has reemployment rights under 
     chapter 43 of title 38; and
       ``(3) the term `basic pay' includes any amount payable 
     under section 5304.''.
       (c) Clerical Amendment.--The table of sections for chapter 
     55 of title 5, United States Code, is amended by inserting 
     after the item relating to section 5537 the following:

``5538. Nonreduction in pay while serving in the uniformed services or 
              National Guard.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to pay periods (as described in 
     section 5538(b) of title 5, United States Code, as amended by 
     this section) beginning on or after the date of enactment of 
     this Act.


                       Reserve Affiliation Bonus

       Sec. 1111. 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. 1112. Servicemembers' Group Life Insurance 
     Enhancements. (a) Increased Maximum Amount Under 
     Servicemembers' Group Life Insurance.--Section 1967 of title 
     38, United States Code, is amended--
       (1) in subsection (a)(3)(A), by striking clause (i) and 
     inserting the following new clause:
       ``(i) In the case of a member--
       ``(I) $400,000 or such lesser amount as the member may 
     elect;
       ``(II) in the case of a member covered by subsection (e), 
     the amount provided for or elected by the member under 
     subclause (I) plus the additional amount of insurance 
     provided for the member by subsection (e); or
       ``(III) in the case of a member covered by subsection (e) 
     who has made an election under paragraph (2)(A) not to be 
     insured under this subchapter, the amount of insurance 
     provided for the member by subsection (e).''; and
       (2) in subsection (d), by striking ``$250,000'' and 
     inserting ``$400,000''.
       (b) Additional Amount for Members Serving in Certain Areas 
     or Operations.--
       (1) Increased amount.--Section 1967 of such title is 
     further amended--
       (A) by redesignating subsection (e) as subsection (f); and
       (B) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e)(1) A member covered by this subsection is any member 
     as follows:
       ``(A) Any member who dies as a result of one or more 
     wounds, injuries, or illnesses incurred while serving in an 
     operation or area that the Secretary designates, in writing, 
     as a combat operation or a zone of combat, respectively, for 
     purposes of this subsection.
       ``(B) Any member who formerly served in an operation or 
     area so designated and whose death is determined (under 
     regulations prescribed by the Secretary of Defense) to be the 
     direct result of injury or illness incurred or aggravated 
     while so serving.
       ``(2) The additional amount of insurance under this 
     subchapter that is provided for a member by this subsection 
     is $150,000, except that in a case in which the amount 
     provided for or elected by the member under subclause (I) of 
     subsection (a)(3)(A) exceeds $250,000, the additional amount 
     of insurance under this subchapter that is provided for the 
     member by this subsection shall be reduced to such amount as 
     is necessary to comply with the limitation in paragraph (3).
       ``(3) The total amount of insurance payable for a member 
     under this subchapter may not exceed $400,000.
       ``(4) While a member is serving in an operation or area 
     designated as described in paragraph (1), the cost of 
     insurance of the member under this subchapter that is 
     attributable to $150,000 of insurance coverage shall be 
     contributed as provided in section 1969(b)(2) of this title 
     and may not be deducted or withheld from the member's pay.''.
       (2) Funding.--Section 1969(b) of such title is amended--
       (A) by inserting ``(1)'' after ``(b)''; and
       (B) by adding at the end the following new paragraph:
       ``(2) For each month for which a member insured under this 
     subchapter is serving in an operation or area designated as 
     described by paragraph (1)(A) of section 1967(e) of this 
     title, there shall be contributed from the appropriation made 
     for active duty pay of the uniformed service concerned an 
     amount determined by the Secretary and certified to the 
     Secretary concerned to be the cost of Servicemembers' Group 
     Life Insurance which is traceable to the cost of providing 
     insurance for the member under section 1967 of this title in 
     the amount of $150,000.''.
       (c) Conforming Amendment.--Section 1967(a)(2)(A) of such 
     title is amended by inserting before the period at the end 
     the following: ``, except for insurance provided under 
     paragraph (3)(A)(i)(III)''.
       (d) Coordination With VGLI.--Section 1977(a) of such title 
     is amended--
       (1) by striking ``$250,000'' each place it appears and 
     inserting ``$400,000''; and
       (2) by adding at the end of paragraph (1) the following new 
     sentence: ``Any additional amount of insurance provided a 
     member under section 1967(e) of this title may not be treated 
     as an amount for which Veterans' Group Life Insurance shall 
     be issued under this section.''.
       (e) Requirements Regarding Elections of Members to Reduce 
     or Decline Insurance.--Section 1967(a) of such title is 
     further amended--
       (1) in paragraph (2), by adding at the end the following 
     new subparagraph:
       ``(C) Pursuant to regulations prescribed by the Secretary 
     of Defense, notice of an election of a member not to be 
     insured under this subchapter, or to be insured under this 
     subchapter in an amount less than the maximum amount provided 
     under paragraph (3)(A)(i)(I), shall be provided to the spouse 
     of the member.''; and
       (2) in paragraph (3)--
       (A) in the matter preceding clause (i), by striking ``and 
     (C)'' and inserting ``, (C), and (D)''; and
       (B) by adding at the end the following new subparagraphs:
       ``(D) A member with a spouse may not elect not to be 
     insured under this subchapter, or to be insured under this 
     subchapter in an amount less than the maximum amount provided 
     under subparagraph (A)(i)(I), without the written consent of 
     the spouse.''.
       (f) Requirement Regarding Redesignation of Beneficiaries.--
     Section 1970 of such title is amended by adding at the end 
     the following new subsection:
       ``(j) A member with a spouse may not modify the beneficiary 
     or beneficiaries designated by the member under subsection 
     (a) without the written consent of the spouse.''.
       (g) Effective Date.--This section and the amendments made 
     by this section shall take effect on the first day of the 
     first month that begins more than 90 days after the date of 
     the enactment of this Act.
       (h) Termination.--The amendments made by this section shall 
     terminate on September 30, 2005. Effective on October 1, 
     2005, the provisions of sections 1967, 1969, 1970, and 1977 
     of title 38,

[[Page S4199]]

     United States Code, as in effect on the date before the date 
     of the enactment of this Act shall be revived.


                             Death Gratuity

       Sec. 1113. (a) Increase in Death Gratuity.--
       (1) Amount.--Section 1478(a) of title 10, United States 
     Code, is amended by striking ``$12,000'' and inserting 
     ``$100,000''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on October 7, 2001, and shall apply with 
     respect to deaths occurring on or after that date.
       (3) No adjustment for increases in basic pay before date of 
     enactment.--No adjustment shall be made under subsection (c) 
     of section 1478 of title 10, United States Code, with respect 
     to the amount in force under subsection (a) of that section, 
     as amended by paragraph (1), for any period before the date 
     of the enactment of this Act.
       (4) Payment for deaths before date of enactment.--Any 
     additional amount payable as a death gratuity under this 
     subsection for the death of a member of the Armed Forces 
     before the date of the enactment of this Act shall be paid to 
     the eligible survivor of the member previously paid a death 
     gratuity under section 1478 of title 10, United States Code, 
     for the death of the member. If payment cannot be made to 
     such survivor, payment of such amount shall be made to living 
     survivor of the member otherwise highest on the list under 
     1477(a) of title 10, United States Code.
       (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 
     $150,000.
       (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.
       Sec. 1114. Renaming of Death Gratuity Payable for Deaths of 
     Members of the Armed Forces as Fallen Hero Compensation. (a) 
     In General.--Subchapter II of chapter 75 of title 10, United 
     States Code, is amended as follows:
       (1) In section 1475(a), by striking ``have a death gratuity 
     paid'' and inserting ``have fallen hero compensation paid''.
       (2) In section 1476(a)--
       (A) in paragraph (1), by striking ``a death gratuity'' and 
     inserting ``fallen hero compensation''; and
       (B) in paragraph (2), by striking ``A death gratuity'' and 
     inserting ``Fallen hero compensation''.
       (3) In section 1477(a), by striking ``A death gratuity'' 
     and inserting ``Fallen hero compensation''.
       (4) In section 1478(a), by striking ``The death gratuity'' 
     and inserting ``The amount of fallen hero compensation''.
       (5) In section 1479(1), by striking ``the death gratuity'' 
     and inserting ``fallen hero compensation''.
       (6) In section 1489--
       (A) in subsection (a), by striking ``a gratuity'' in the 
     matter preceding paragraph (1) and inserting ``fallen hero 
     compensation''; and
       (B) in subsection (b)(2), by inserting ``or other 
     assistance'' after ``lesser death gratuity''.
       (b) Clerical Amendments.--(1) Such subchapter is further 
     amended by striking ``Death gratuity:'' each place it appears 
     in the heading of sections 1475 through 1480 and 1489 and 
     inserting ``Fallen hero compensation:''.
       (2) The table of sections at the beginning of such 
     subchapter is amended by striking ``Death gratuity:'' in the 
     items relating to sections 1474 through 1480 and 1489 and 
     inserting ``Fallen hero compensation:''.
       (c) General References.--Any reference to a death gratuity 
     payable under subchapter II of chapter 75 of title 10, United 
     States Code, in any law, regulation, document, paper, or 
     other record of the United States shall be deemed to be a 
     reference to fallen hero compensation payable under such 
     subchapter, as amended by this section.


                 Intelligence Activities Authorization

       Sec. 1115. 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. 1116. (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. 1117. (a)(1) Notwithstanding section 917 of Public Law 
     97-86, as amended, of the funds appropriated or otherwise 
     made available by the Department of Defense Appropriations 
     Act, 2005 (Public Law 108-287), the Military Construction 
     Appropriations and Emergency Hurricane Supplemental 
     Appropriations Act, 2005 (Public Law 108-324), and other Acts 
     for the purpose of the destruction of the United States 
     stockpile of lethal chemical agents and munitions at Blue 
     Grass Army Depot, Kentucky, and Pueblo Chemical Depot, 
     Colorado, that had not been obligated as of March 15, 2005, 
     shall remain available for obligation solely for such purpose 
     and shall be made available not later than 30 days after the 
     date of the enactment of this Act to the Program Manager for 
     Assembled Chemical Weapons Alternatives for activities 
     related to such purpose at Blue Grass Army Depot, Kentucky, 
     and Pueblo Chemical Depot, Colorado.
       (2) The amount of funds appropriated or otherwise made 
     available by the Department of Defense Appropriations Act, 
     2005, the Military Construction Appropriations and Emergency 
     Hurricane Supplemental Appropriations Act, 2005, and other 
     Acts for the purpose of the destruction of the United States 
     stockpile of lethal chemical agents and munitions at Blue 
     Grass Army Depot, Kentucky, and Pueblo Chemical Depot, 
     Colorado, that had not been obligated or expended as of March 
     15, 2005, is $372,280,000.
       (3) Of the funds made available to the Program Manager 
     under paragraph (1), not less than $100,000,000 shall be 
     obligated by the Program Manager not later than 120 days 
     after the date of the enactment of this Act.
       (b)(1) Notwithstanding section 917 of Public Law 97-86, as 
     amended, none of the funds appropriated or otherwise made 
     available by the Department of Defense Appropriations Act, 
     2005, the Military Construction Appropriations and Emergency 
     Hurricane Supplemental Appropriations Act, 2005, and other 
     Acts for the purpose of the destruction of the United States 
     stockpile of lethal chemical agents and munitions at Blue 
     Grass Army Depot, Kentucky, and Pueblo Chemical Depot, 
     Colorado, may be deobligated, transferred, or reprogrammed 
     out of the Assembled Chemical Weapons Alternatives Program.
       (2) The amount appropriated or otherwise made available by 
     the Department of Defense Appropriations Act, 2005, the 
     Military Construction Appropriations and Emergency Hurricane 
     Supplemental Appropriations Act, 2005, and other Acts for the 
     purpose of the destruction of the United States stockpile of 
     lethal chemical agents and munitions at Blue Grass Army 
     Depot, Kentucky, and Pueblo Chemical Depot, Colorado, is 
     $813,440,000.
       (c) No funds appropriated or otherwise made available to 
     the Secretary of Defense under this Act or any other Act may 
     be obligated or expended to finance directly or indirectly 
     any study related to the transportation of chemical weapons 
     across State lines.


                  Philadelphia Regional Port Authority

       Sec. 1118. 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. 1119. 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.

[[Page S4200]]

                         LPD-17 COST ADJUSTMENT

                          (TRANSFER OF FUNDS)

       Sec. 1120. 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. 1121. (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. 1122. 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. 1123. 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.


 EXTENSION OF PERIOD OF TEMPORARY CONTINUATION OF BASIC ALLOWANCE FOR 
HOUSING FOR DEPENDENTS OF MEMBERS OF THE ARMED FORCES WHO DIE ON ACTIVE 
                                  DUTY

       Sec. 1124. Section 403(l) of title 37, United States Code, 
     is amended by striking ``180 days'' each place it appears and 
     inserting ``365 days''.


SENSE OF SENATE ON TREATMENT OF CERTAIN VETERANS UNDER REPEAL OF PHASE-
    IN OF CONCURRENT RECEIPT OF RETIRED PAY AND VETERANS DISABILITY 
                              COMPENSATION

       Sec. 1125. It is the sense of the Senate that any veteran 
     with a service-connected disability rated as total by virtue 
     of having been deemed unemployable who otherwise qualifies 
     for treatment as a qualified retiree for purposes of section 
     1414 of title 10, United States Code, should be entitled to 
     treatment as qualified retiree receiving veterans disability 
     compensation for a disability rated as 100 percent for 
     purposes of the final clause of subsection (a)(1) of such 
     section, as amended by section 642 of the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005 
     (Public Law 108-375; 118 Stat. 1957), and thus entitled to 
     payment of both retired pay and veterans' disability 
     compensation under such section 1414 commencing as of January 
     1, 2005.
       Sec. 1126. Benefits for Members of the Armed Forces 
     Recuperating From Injuries Incurred in Operation Iraqi 
     Freedom or Operation Enduring Freedom. (a) Prohibition on 
     Charges for Meals.--
       (1) Prohibition.--A member of the Armed Forces entitled to 
     a basic allowance for subsistence under section 402 of title 
     37, United States Code, who is undergoing medical 
     recuperation or therapy, or is otherwise in the status of 
     ``medical hold'', in a military treatment facility for an 
     injury, illness, or disease incurred or aggravated while on 
     active duty in the Armed Forces in Operation Iraqi Freedom or 
     Operation Enduring Freedom shall not, during any month in 
     which so entitled, be required to pay any charge for meals 
     provided such member by the military treatment facility.
       (2) Effective date.--The limitation in paragraph (1) shall 
     take effect on January 1, 2005, and shall apply with respect 
     to meals provided members of the Armed Forces as described in 
     that paragraph on or after that date.
       (b) Telephone Benefits.--
       (1) Provision of access to telephone service.--The 
     Secretary of Defense shall provide each member of the Armed 
     Forces who is undergoing in any month medical recuperation or 
     therapy, or is otherwise in the status of ``medical hold'', 
     in a military treatment facility for an injury, illness, or 
     disease incurred or aggravated while on active duty in the 
     Armed Forces in Operation Iraqi Freedom or Operation Enduring 
     Freedom access to telephone service at or through such 
     military treatment facility in an amount for such month 
     equivalent to the amount specified in paragraph (2).
       (2) Monthly amount of access.--The amount of access to 
     telephone service provided a member of the Armed Forces under 
     paragraph (1) in a month shall be the number of calling 
     minutes having a value equivalent to $40.
       (3) Eligibility at any time during month.--A member of the 
     Armed Forces who is eligible for the provision of telephone 
     service under this subsection at any time during a month 
     shall be provided access to such service during such month in 
     accordance with that paragraph, regardless of the date of the 
     month on which the member first becomes eligible for the 
     provision of telephone service under this subsection.
       (4) Use of existing resources.--In carrying out this 
     subsection, the Secretary shall maximize the use of existing 
     Department of Defense telecommunications programs and 
     capabilities, private organizations, or other private 
     entities offering free or reduced-cost telecommunications 
     services.
       (5) Commencement.--
       (A) In general.--This subsection shall take effect on the 
     first day of the first month beginning on or after the date 
     of the enactment of this Act.
       (B) Expedited provision of access.--The Secretary shall 
     commence the provision of access to telephone service under 
     this subsection as soon as practicable after the date of the 
     enactment of this Act.
       (6) Termination.--The Secretary shall cease the provision 
     of access to telephone service under this subsection on the 
     date this is 60 days after the later of--
       (A) the date, as determined by the Secretary, on which 
     Operation Enduring Freedom terminates; or
       (B) the date, as so determined, on which Operation Iraqi 
     Freedom terminates.


    PROHIBITION ON IMPLEMENTATION OF CERTAIN ORDERS AND GUIDANCE ON 
 FUNCTIONS AND DUTIES OF GENERAL COUNSEL AND JUDGE ADVOCATE GENERAL OF 
                             THE AIR FORCE

       Sec. 1127. No funds appropriated or otherwise made 
     available by this Act, or any other Act, may be obligated or 
     expended to implement or enforce either of the following:
       (1) The order of the Secretary of the Air Force dated May 
     15, 2003, and entitled ``Functions and Duties of the General 
     Counsel and the Judge Advocate General''.
       (2) Any internal operating instruction or memorandum issued 
     by the General Counsel of the Air Force in reliance upon the 
     order referred to in paragraph (1).
       Sec. 1128. Implementation of Mission Changes at Specific 
     Veterans Health Administration Facilities. (a) In General.--
     Section 414 of the Veterans Health Programs Improvement Act 
     of 2004, is amended by adding at the end the following:
       ``(h) Definition.--In this section, the term `medical 
     center' includes any outpatient clinic.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the Veterans Health 
     Programs Improvement Act of 2004 (Public Law 108-422).


 RE-USE AND REDEVELOPMENT OF CLOSED OR REALIGNED MILITARY INSTALLATIONS

       Sec. 1129. (a) In order to assist communities with 
     preparations for the results of the 2005 round of defense 
     base closure and realignment, and consistent with assistance 
     provided to communities by the Department of Defense in 
     previous rounds of base closure and realignment, the 
     Secretary of Defense shall, not later than July 15, 2005, 
     submit to the congressional defense committees a report on 
     the processes and policies of the Federal Government for 
     disposal of property at military installations proposed to be 
     closed or realigned as part of the 2005 round of base closure 
     and realignment, and the assistance available to affected 
     local communities for re-use and redevelopment decisions.
       (b) The report under subsection (a) shall include--
       (1) a description of the processes of the Federal 
     Government for disposal of property at military installations 
     proposed to be closed or realigned;
       (2) a description of Federal Government policies for 
     providing re-use and redevelopment assistance;
       (3) a catalogue of community assistance programs that are 
     provided by the Federal Government related to the re-use and 
     redevelopment of closed or realigned military installations;
       (4) a description of the services, policies, and resources 
     of the Department of Defense that are available to assist 
     communities affected by the closing or realignment of 
     military installations as a result of the 2005 round of base 
     closure and realignment;
       (5) guidance to local communities on the establishment of 
     local redevelopment authorities and the implementation of a 
     base redevelopment plan; and
       (6) a description of the policies and responsibilities of 
     the Department of Defense related to environmental clean-up 
     and restoration of property disposed by the Federal 
     Government.


REQUESTS FOR FUTURE FUNDING FOR MILITARY OPERATIONS IN AFGHANISTAN AND 
                                  IRAQ

       Sec. 1130. (a) Findings.--The Senate makes the following 
     findings:
       (1) The Department of Defense Appropriations Act, 2004 
     (Public Law 108-87) and the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287) each contain a 
     sense of the Senate provision urging the President to provide 
     in the annual budget requests of the President for a fiscal 
     year under section 1105(a) of title 31, United States Code, 
     an estimate of the cost of ongoing military operations in 
     Iraq and Afghanistan in such fiscal year.
       (2) The budget for fiscal year 2006 submitted to Congress 
     by the President on February 7, 2005, requests no funds for 
     fiscal year 2006 for ongoing military operations in Iraq or 
     Afghanistan.
       (3) According to the Congressional Research Service, there 
     exists historical precedent for including the cost of ongoing 
     military operations

[[Page S4201]]

     in the annual budget requests of the President following 
     initial funding for such operations by emergency or 
     supplemental appropriations Acts, including--
       (A) funds for Operation Noble Eagle, beginning in the 
     budget request of President George W. Bush for fiscal year 
     2005;
       (B) funds for operations in Kosovo, beginning in the budget 
     request of President George W. Bush for fiscal year 2001;
       (C) funds for operations in Bosnia, beginning in budget 
     request of President Clinton for fiscal year 1997;
       (D) funds for operations in Southwest Asia, beginning in 
     the budget request of President Clinton for fiscal year 1997;
       (E) funds for operations in Vietnam, beginning in the 
     budget request of President Johnson for fiscal year 1966; and
       (F) funds for World War II, beginning in the budget request 
     of President Roosevelt for fiscal year 1943.
       (4) The Senate has included in its version of the fiscal 
     year 2006 budget resolution, which was adopted by the Senate 
     on March 17, 2005, a reserve fund of $50,000,000,000 for 
     overseas contingency operations, but the determination of 
     that amount could not take into account any Administration 
     estimate on the projected cost of such operations in fiscal 
     year 2006.
       (5) In February 2005, the Congressional Budget Office 
     estimated that fiscal year 2006 costs for ongoing military 
     operations in Iraq and Afghanistan could total 
     $65,000,000,000.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) any request for funds for a fiscal year after fiscal 
     year 2006 for an ongoing military operation overseas, 
     including operations in Afghanistan and Iraq, should be 
     included in the annual budget of the President for such 
     fiscal year as submitted to Congress under section 1105(a) of 
     title 31, United States Code;
       (2) the President should submit to Congress, not later than 
     September 1, 2005, an amendment to the budget of the 
     President for fiscal year 2006 that was submitted to Congress 
     under section 1105(a) of title 31, United States Code, 
     setting forth detailed cost estimates for ongoing military 
     operations overseas during such fiscal year; and
       (3) any funds provided for a fiscal year for ongoing 
     military operations overseas should be provided in 
     appropriations Acts for such fiscal year through 
     appropriations to specific accounts set forth in such 
     appropriations Acts.
       (c) Additional Requirements for Certain Reports.--(1) Each 
     semiannual report to Congress required under a provision of 
     law referred to in paragraph (2) shall include, in addition 
     to the matters specified in the applicable provision of law, 
     the following:
       (A) A statement of the cumulative total of all amounts 
     obligated, and of all amounts expended, as of the date of 
     such report for Operation Enduring Freedom.
       (B) A statement of the cumulative total of all amounts 
     obligated, and of all amounts expended, as of the date of 
     such report for Operation Iraqi Freedom.
       (C) An estimate of the reasonably foreseeable costs for 
     ongoing military operations to be incurred during the 12-
     month period beginning on the date of such report.
       (2) The provisions of law referred to in this paragraph are 
     as follows:
       (A) Section 1120 of the Emergency Supplemental 
     Appropriations Act for Defense and for the Reconstruction of 
     Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 
     1219; 10 U.S.C. 113 note).
       (B) Section 9010 of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1008; 
     10 U.S.C. 113 note).


                    REPORTS ON IRAQI SECURITY FORCES

       Sec. 1131. Not later than 60 days after the date of 
     enactment of this Act, and every 90 days thereafter, the 
     President shall submit an unclassified report to Congress, 
     which may include a classified annex, that includes a 
     description of the following:
       (1) The extent to which funding appropriated by this Act 
     will be used to train and equip capable and effectively led 
     Iraqi security services and promote stability and security in 
     Iraq.
       (2) The estimated strength of the Iraqi insurgency and the 
     extent to which it is composed of non-Iraqi fighters, and any 
     changes over the previous 90-day period.
       (3) A description of all militias operating in Iraq, 
     including their number, size, strength, military 
     effectiveness, leadership, sources of external support, 
     sources of internal support, estimated types and numbers of 
     equipment and armaments in their possession, legal status, 
     and the status of efforts to disarm, demobilize, and 
     reintegrate each militia.
       (4) The extent to which recruiting, training, and equipping 
     goals and standards for Iraqi security forces are being met, 
     including the number of Iraqis recruited and trained for the 
     army, air force, navy, and other Ministry of Defense forces, 
     police, and highway patrol of Iraq, and all other Ministry of 
     Interior forces, and the extent to which personal and unit 
     equipment requirements have been met.
       (5) A description of the criteria for assessing the 
     capabilities and readiness of Iraqi security forces.
       (6) An evaluation of the operational readiness status of 
     Iraqi military forces and special police, including the type, 
     number, size, and organizational structure of Iraqi 
     battalions that are--
       (A) capable of conducting counterinsurgency operations 
     independently;
       (B) capable of conducting counterinsurgency operations with 
     United States or Coalition mentors and enablers; or
       (C) not ready to conduct counterinsurgency operations.
       (7) The extent to which funding appropriated by this Act 
     will be used to train capable, well-equipped, and effectively 
     led Iraqi police forces, and an evaluation of Iraqi police 
     forces, including--
       (A) the number of police recruits that have received 
     classroom instruction and the duration of such instruction;
       (B) the number of veteran police officers who have received 
     classroom instruction and the duration of such instruction;
       (C) the number of police candidates screened by the Iraqi 
     Police Screening Service screening project, the number of 
     candidates derived from other entry procedures, and the 
     overall success rates of those groups of candidates;
       (D) the number of Iraqi police forces who have received 
     field training by international police trainers and the 
     duration of such instruction;
       (E) a description of the field training program, including 
     the number, the planned number, and nationality of 
     international field trainers;
       (F) the number of police present for duty;
       (G) data related to attrition rates; and
       (H) a description of the training that Iraqi police have 
     received regarding human rights and the rule of law.
       (8) The estimated total number of Iraqi battalions needed 
     for the Iraqi security forces to perform duties now being 
     undertaken by the Coalition Forces, including defending 
     Iraq's borders, defeating the insurgency, and providing law 
     and order.
       (9) The extent to which funding appropriated by this Act 
     will be used to train Iraqi security forces in 
     counterinsurgency operations and the estimated total number 
     of Iraqi security force personnel expected to be trained, 
     equipped, and capable of participating in counterinsurgency 
     operations by the end of 2005 and of 2006.
       (10) The estimated total number of adequately trained, 
     equipped, and led Iraqi battalions expected to be capable of 
     conducting counterinsurgency operations independently and the 
     estimated total number expected to be capable of conducting 
     counterinsurgency operations with United States or Coalition 
     mentors and enablers by the end of 2005 and of 2006.
       (11) An assessment of the effectiveness of the chain of 
     command of the Iraqi military.
       (12) The number and nationality of Coalition mentors and 
     advisers working with Iraqi security forces as of the date of 
     the report, plans for decreasing or increasing the number of 
     such mentors and advisers, and a description of their 
     activities.
       (13) A list of countries of the North Atlantic Treaty 
     Organisation (``NATO'') participating in the NATO mission for 
     training of Iraqi security forces and the number of troops 
     from each country dedicated to the mission.
       (14) A list of countries participating in training Iraqi 
     security forces outside the NATO training mission and the 
     number of troops from each country dedicated to the mission.
       (15) For any country, which made an offer to provide forces 
     for training that has not been accepted, an explanation of 
     the reasons why the offer was not accepted.
       (16) For offers to provide forces for training that have 
     been accepted by the Iraqi government, a report on the status 
     of such training efforts, including the number of troops 
     involved by country and the number of Iraqi security forces 
     trained.
       (17) An assessment of the progress of the National Assembly 
     of Iraq in drafting and ratifying the permanent constitution 
     of Iraq, and the performance of the new Iraqi Government in 
     its protection of the rights of minorities and individual 
     human rights, and its adherence to common democratic 
     practices.
       (18) The estimated number of United States military forces 
     who will be needed in Iraq 6, 12, and 18 months from the date 
     of the report.


REPORT ON IMPLEMENTATION OF POST DEPLOYMENT STAND-DOWN PROGRAM BY ARMY 
                             NATIONAL GUARD

       Sec. 1132. Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of the Army shall submit 
     to the congressional defense committees a report containing 
     the assessment of the Secretary of the feasibility and 
     advisability of implementing for the Army National Guard a 
     program similar to the Post Deployment Stand-Down Program of 
     the Air National Guard. The Secretary of the Army shall 
     prepare the assessment in consultation with the Secretary of 
     the Air Force.


                     AIRCRAFT CARRIERS OF THE NAVY

       Sec. 1133. (a) Funding for Repair and Maintenance of U.S.S. 
     John F. Kennedy.--Of the amount appropriated to the 
     Department of the Navy by this Act, necessary funding will be 
     made available for such repair and maintenance of the U.S.S. 
     John F. Kennedy as the Navy considers appropriate to extend 
     the life of U.S.S. John F. Kennedy.
       (b) Limitation on Reduction in Number of Active Aircraft 
     Carriers.--No funds appropriated or otherwise made available 
     by this Act may be obligated or expended to reduce the number 
     of active aircraft carriers of the Navy below 12 active 
     aircraft carriers until the later of the following:
       (1) The date that is 180 days after the date of the 
     submittal to Congress of the quadrennial defense review 
     required in 2005 under section 118 of title 10, United States 
     Code.
       (2) The date on which the Secretary of Defense, in 
     consultation with the Chairman of the Joint Chiefs of Staff, 
     certifies to Congress that such agreements have been entered 
     into to provide port facilities for the permanent forward 
     deployment of such numbers of aircraft carriers as are 
     necessary in the Pacific Command Area of Responsibility to 
     fulfill the roles and missions of that Command, including 
     agreements for the forward deployment of a nuclear aircraft 
     carrier after the retirement of the current two conventional 
     aircraft carriers.
       (c) Active Aircraft Carriers.--For purposes of this 
     section, an active aircraft carrier of the

[[Page S4202]]

     Navy includes an aircraft carrier that is temporarily 
     unavailable for worldwide deployment due to routing or 
     scheduled maintenance.


       SENSE OF THE SENATE ON SILICON CARBIDE POWDERS PRODUCTION

       Sec. 1134. Sense of the Senate. It is the sense of the 
     Senate that the Department of Defense should provide funding 
     sufficient, but not less than $5,000,000, under the Defense 
     Production Act Title III to increase the domestic 
     manufacturing capability to produce silicon carbide powders 
     for use in the production of ceramic armor plates for armored 
     vehicles, personal body armor systems, and other armor needs.


                  PROCURING RAPID WALL BREACHING KITS

       Sec. 1135. Sense of the Senate. It is the sense of the 
     Senate that--
       (1) the Department of Defense should allocate sufficient 
     funding, but not less than $5,000,000, in fiscal year 2005 to 
     procure Rapid Wall Breaching Kits for use in operation Iraqi 
     Freedom, Operation Enduring Freedom, and other uses;
       (2) the Department of Defense should submit to Congress an 
     amendment to the proposed fiscal year 2006 budget to procure 
     sufficient Rapid Wall Breaching Kits for use in Operation 
     Iraqi Freedom, Operation Enduring Freedom, and other uses in 
     fiscal year 2006; and
       (3) the Department of Defense should include in its budget 
     requests for fiscal year 2007 and beyond funds to procure 
     sufficient Rapid Wall Breaching Kits for use in Operation 
     Iraqi Freedom, Operation Enduring Freedom, and other uses.


            TUITION ASSISTANCE PROGRAMS OF THE ARMY RESERVE

       Sec. 1136. (a) It is the sense of the Senate that the 
     amount appropriated by this chapter under the heading 
     ``Operation and Maintenance, Army Reserve'' may be increased 
     by $17,600,000, with the amount of such increase designated 
     as an emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).
       (b) Availability of Funds.--Of the amount appropriated or 
     otherwise made available by this chapter under the heading 
     ``Operation and Maintenance, Army Reserve'', as increased by 
     subsection (a), $17,600,000 may be available for tuition 
     assistance programs for members of the Army Reserve as 
     authorized by law.


       SENSE OF SENATE ON FUNDING FOR VACCINE HEALTH CARE CENTERS

       Sec. 1137. It is the sense of the Senate that, of the 
     amount appropriated or otherwise made available by this 
     chapter under the heading ``Defense Health Program'', not 
     less than $6,000,000 should be available for the Vaccine 
     Health Care Centers.


     DEPLOYMENT OF WARLOCK SYSTEMS AND OTHER FIELD JAMMING SYSTEMS

       Sec. 1138. Sense of the Senate. It is the sense of the 
     Senate that--
       (1) $60,000,000 may be made available for the rapid 
     deployment of Warlock and other field jamming systems; and
       (2) in conference, the Senate should recede to the House 
     position.


TRAVEL FOR FAMILY OF MEMBERS OF THE ARMED FORCES HOSPITALIZED IN UNITED 
  STATES IN CONNECTION WITH CERTAIN NON-SERIOUS ILLNESSES OR INJURIES

       Sec. 1139. (a) Authority.--Subsection (a) of section 411h 
     of title 37, United States Code, is amended--
       (1) in paragraph (2)--
       (A) by inserting ``and'' at the end of subparagraph (A); 
     and
       (B) by striking subparagraphs (B) and (C) and inserting the 
     following new subparagraph:
       ``(B) either--
       ``(i) is seriously ill, seriously injured, or in a 
     situation of imminent death (whether or not electrical brain 
     activity still exists or brain death is declared), and is 
     hospitalized in a medical facility in or outside the United 
     States; or
       ``(ii) is not described in clause (i), but has an injury 
     incurred in an operation or area designated as a combat 
     operation or combat zone, respectively, by the Secretary of 
     Defense under section 1967(e)(1)(A) of title 38 and is 
     hospitalized in a medical facility in the United States for 
     treatment of that injury.''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Not more than one roundtrip may be provided to a 
     family member under paragraph (1) on the basis of clause (ii) 
     of paragraph (2)(B).''.
       (b) Conforming Amendments.--
       (1) Heading for amended section.--The heading for section 
     411h of such title is amended to read as follows:

     ``Sec. 411h. Travel and transportation allowances: 
       transportation of family members incident to illness or 
       injury of members''.

       (2) Clerical amendment.--The item relating to such section 
     in the table of sections at the beginning of chapter 7 of 
     such title is amended to read as follows:

``411h. Travel and transportation allowances: transportation of family 
              members incident to illness or injury of members.''.

       (c) Funding.--Funds for the provision of travel in fiscal 
     year 2005 under section 411h of title 37, United States Code, 
     by reason of the amendments made by this section shall be 
     derived as follows:
       (1) In the case of travel provided by the Department of the 
     Army, from amounts appropriated for fiscal year 2005 by this 
     Act and the Department of Defense Appropriations Act, 2005 
     (Public Law 108-287) for the Military Personnel, Army 
     account.
       (2) In the case of travel provided by the Department of the 
     Navy, from amounts appropriated for fiscal year 2005 by the 
     Acts referred to in paragraph (1) for the Operation and 
     Maintenance, Navy account.
       (3) In the case of travel provided by the Department of the 
     Air Force, from amounts appropriated for fiscal year 2005 by 
     the Acts referred to in paragraph (1) for the Operation and 
     Maintenance, Air Force account.
       (d) Report on Travel in Excess of Certain Limit.--If in any 
     fiscal year the amount of travel provided in such fiscal year 
     under section 411h of title 37, United States Code, by reason 
     of the amendments made by this section exceeds $20,000,000, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report on that fact, including the total 
     amount of travel provided in such fiscal year under such 
     section 411h by reason of the amendments made by this 
     section.


    prohibition on termination of existing joint-service multiyear 
              procurement contract for C/KC-130J aircraft

       Sec. 1140. No funds in this Act may be obligated or 
     expended to terminate the joint service multiyear procurement 
     contract for C/KC-130J aircraft that is in effect on the date 
     of the enactment of this Act.


         UP-ARMORED HIGH MOBILITY MULTIPURPOSE WHEELED VEHICLES

       Sec. 1141. (a) Additional Amount for Other Procurement, 
     Army.--The amount appropriated by this chapter under the 
     heading ``Other Procurement, Army'' is hereby increased by 
     $213,000,000, with the amount of such increase designated as 
     an emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).
       (b) Availability of Funds.--Of the amount appropriated or 
     otherwise made available by this chapter under the heading 
     ``Other Procurement, Army'', as increased by subsection (a), 
     $213,000,000 shall be available for the procurement of Up-
     Armored High Mobility Multipurpose Wheeled Vehicles 
     (UAHMMWVs).
       (c) Reports.--(1) Not later 60 days after the date of the 
     enactment of this Act, and every 60 days thereafter until the 
     termination of Operation Iraqi Freedom, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report setting forth the current requirements of the Armed 
     Forces for Up-Armored High Mobility Multipurpose Wheeled 
     Vehicles.
       (2) Not later than 60 days after the date of the enactment 
     of this Act, the Secretary shall submit to the congressional 
     defense committees a report setting forth the most effective 
     and efficient options available to the Department of Defense 
     for transporting Up Armored High Mobility Multipurpose 
     Wheeled Vehicles to Iraq and Afghanistan.


 SENSE OF SENATE ON INCREASED PERIOD OF CONTINUED TRICARE COVERAGE OF 
CHILDREN OF MEMBERS OF THE UNIFORMED SERVICES WHO DIE WHILE SERVING ON 
             ACTIVE DUTY FOR A PERIOD OF MORE THAN 30 DAYS

       Sec. 1142. Sense of the Senate. It is the sense of the 
     Senate that--
       (1) Congress should enact an amendment to section 1079 of 
     title 10, United States Code, in order to increase the period 
     of continued TRICARE coverage of children of members of the 
     uniformed services who die while serving on active duty for a 
     period of more than 30 days under that section such that the 
     period of continued eligibility is the longer of--
       (A) the three-year period beginning on the date of death of 
     the member;
       (B) the period ending on the date on which the child 
     attains 21 years of age; or
       (C) in the case of a child of a deceased member who, at 21 
     years of age, is enrolled in a full-time course of study in a 
     secondary school or in a full-time course of study in an 
     institution of higher education approved by the administering 
     Secretary and was, at the time of the member's death, in fact 
     dependent on the member for over one-half of the child's 
     support, the period ending on the earlier--
       (i) the date on which the child ceases to pursue such a 
     course of study, as determined by the administering 
     Secretary; or
       (ii) the date on which the child attains 23 years of age; 
     and
       (2) Congress should make the amendment applicable to deaths 
     of members of the Armed Forces on or after October 7, 2001, 
     the date of the commencement of military operations in 
     Afghanistan.


                         PERMANENT MAGNET MOTOR

       Sec. 1143. It is the sense of the Senate that of the 
     amounts appropriated by this Act under the heading 
     ``Research, Development, Test, and Evaluation, Navy'', 
     $15,000,000 should be made available for the continuing 
     development of the permanent magnet motor.


   SENSE OF SENATE ON PROCUREMENT OF MAN-PORTABLE AIR DEFENSE SYSTEMS

       Sec. 1144. It is the sense of the Senate that, of the 
     amounts appropriated by this Act, $32,000,000 may be 
     available to procure MANPAD systems.


         SENSE OF SENATE ON MEDICAL SUPPORT FOR TACTICAL UNITS

       Sec. 1145. It is the sense of the Senate that, of the 
     amount appropriated by this Act under the heading ``Operation 
     and Maintenance, Army'', $11,500,000 should be made available 
     for the replenishment of medical supply and equipment needs 
     within the combat theaters of the Army, including bandages 
     and other blood-clotting supplies that utilize hemostatic, 
     wound-dressing technologies.

                               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

[[Page S4203]]

     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, $470,000,000 to remain available until 
     expended: Provided, That from this amount, to the maximum 
     extent possible, funding shall be restored to the previously 
     approved fiscal year 2005 programs under section 204(a)(2) of 
     the Agricultural Trade Development and Assistance Act of 
     1954: Provided further, That of the funds provided under this 
     heading, $12,000,000 shall be available to carry out programs 
     under the Food for Progress Act of 1985: Provided further, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                               CHAPTER 2

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    Diplomatic and Consular Programs

       For an additional amount for ``Diplomatic and Consular 
     Programs'', $767,200,000, 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 of the funds appropriated under this 
     heading, $17,200,000 should be made available for the Office 
     of the Coordinator for Reconstruction and Stabilization: 
     Provided further, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).


            Embassy Security, Construction, and Maintenance

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

              INTERNATIONAL ORGANIZATIONS AND CONFERENCES

        Contributions for International Peacekeeping Activities

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

                             RELATED AGENCY

                    BROADCASTING BOARD OF GOVERNORS

                 International Broadcasting Operations

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

                   Broadcasting Capital Improvements

       For an additional amount for ``Broadcasting Capital 
     Improvements'' for capital improvements related to 
     broadcasting to the broader Middle East, $2,500,000, to 
     remain available until September 30, 2006: Provided, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                     BILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

              International Disaster and Famine Assistance

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

                         Transition Initiatives

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

   Operating Expenses of the United States Agency for International 
                              Development

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

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

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

                  OTHER BILATERAL ECONOMIC ASSISTANCE

                         Economic Support Fund


                     (Including transfer of funds)

       For an additional amount for ``Economic Support Fund'', 
     $1,636,300,000, 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, 
     not less than $5,000,000 should be made available for 
     assistance for families and communities of Afghan civilians 
     who have suffered losses as a result of the military 
     operations: Provided further, That of the funds appropriated 
     under this heading, not less than $5,000,000 shall be made 
     available for programs and activities to promote democracy, 
     including political party development, in Lebanon and such 
     amount shall be managed by the Bureau of Democracy, Human 
     Rights, and Labor of the Department of State: 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

[[Page S4204]]

     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, $25,500,000, to 
     remain available until expended: Provided, That these funds 
     may be used only pursuant to a determination by the 
     President, and after consultation with the Committees on 
     Appropriations, that such use will support the global war on 
     terrorism to furnish economic assistance to partners on such 
     terms and conditions as he may determine for such purposes, 
     including funds on a grant basis as a cash transfer: Provided 
     further, That funds made available under this heading may be 
     transferred by the Secretary of State to other Federal 
     agencies or accounts to carry out the purposes under this 
     heading: Provided further, That upon a determination that all 
     or part of the funds so transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation: 
     Provided further, That funds appropriated under this heading 
     shall be considered to be economic assistance under the 
     Foreign Assistance Act of 1961 for purposes of making 
     available the administrative authorities contained in the Act 
     for the use of economic assistance: Provided further, That 
     funds appropriated under this heading shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations, except that such notifications shall be 
     submitted no less than five days prior to the obligation of 
     funds: Provided further, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                          MILITARY ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

                   Foreign Military Financing Program

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

                        Peacekeeping Operations

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

                    GENERAL PROVISIONS, THIS CHAPTER


                         Voluntary Contribution

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


                         Reporting Requirement

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


                         (Rescission of Funds)

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


                          DEMOCRACY EXCEPTION

       Sec. 2104. Funds appropriated for fiscal year 2005 under 
     the heading ``Economic Support Fund'' may be made available 
     for democracy and rule of law programs and activities, 
     notwithstanding the provisions of section 574 of division D 
     of Public Law 108-447.
       Sec. 2105. The amounts set forth in the eighth proviso in 
     the Diplomatic and Consular Programs appropriation in the 
     fiscal year 2005 Departments of Commerce, Justice, State, the 
     Judiciary, and Related Agencies Appropriations Act (Public 
     Law 108-447, division B) may be subject to reprogramming 
     pursuant to section 605 of that Act.


                  MARLA RUZICKA IRAQI WAR VICTIMS FUND

       Sec. 2106. Of the funds appropriated by chapter 2 of title 
     II of Public Law 108-106 under the heading ``Iraq Relief and 
     Reconstruction Fund'', not less than $30,000,000 should be 
     made available for assistance for families and communities of 
     Iraqi civilians who have suffered losses as a result of the 
     military operations: Provided, That such assistance shall be 
     designated as the ``Marla Ruzicka Iraqi War Victims Fund''.


                          ASSISTANCE FOR HAITI

       Sec. 2107. Of the funds appropriated by title II, chapter 2 
     of this Act, not less than $20,000,000 shall be made 
     available for assistance for Haiti: Provided, That this 
     assistance should be made available for election assistance, 
     employment and public works projects, and police assistance: 
     Provided further, That the obligation of such funds shall be 
     subject to prior consultation with the Committees on 
     Appropriations.


               REPORT ON AFGHAN SECURITY FORCES TRAINING

       Sec. 2108. (a) Notwithstanding any other provision of law, 
     not later than 90 days after the date on which the initial 
     obligation of funds made available in this Act for training 
     Afghan security forces, including police, border security 
     guards and members of the Afghan National Army, is made, the 
     Secretary of State, in conjunction with the Secretary of 
     Defense, shall submit to the appropriate congressional 
     committees a report that includes the following:
       (1) An assessment of whether the individuals who are 
     providing training to Afghan security forces with assistance 
     provided by the United States have proven records of 
     experience in training law enforcement or security personnel.
       (2) A description of the procedures of the Department of 
     State and Department of Defense to ensure that an individual 
     who receives such training--
       (A) does not have a criminal background;
       (B) is not connected to any criminal or terrorist 
     organization, including the Taliban;
       (C) is not connected to drug traffickers; and
       (D) meets certain age and experience standards.
       (3) A description of the procedures of the Department of 
     State and Department of Defense that--
       (A) clearly establish the standards an individual who will 
     receive such training must meet;
       (B) clearly establish the training courses that will permit 
     the individual to meet such standards; and

[[Page S4205]]

       (C) provide for certification of an individual who meets 
     such standards.
       (4) A description of the procedures of the Department of 
     State and Department of Defense to ensure the coordination of 
     such training efforts between these two Departments.
       (5) A description of the methods that will be used by the 
     Government of Afghanistan to maintain and equip such 
     personnel when such training is completed.
       (6) A description of how such training efforts will be 
     coordinated with other training programs being conducted by 
     the governments of other countries or international 
     organizations in Afghanistan.
       (b) In this section the term ``appropriate congressional 
     committees'' means the Committee on Appropriations, the 
     Committee on Armed Services, and the Committee on Foreign 
     Relations of the Senate and the Committee on Appropriations, 
     the Committee on Armed Services, and the Committee on 
     International Relations of the House of Representatives.


                         DARFUR ACCOUNTABILITY

       Sec. 2109. (a) It is the sense of the Senate that--
       (1) the atrocities unfolding in Darfur, Sudan, have been 
     and continue to be genocide;
       (2) the United States should immediately seek passage at 
     the United Nations Security Council of a resolution that--
       (A) imposes additional sanctions or additional measures 
     against the Government of Sudan, including sanctions that 
     will affect the petroleum sector in Sudan, individual members 
     of the Government of Sudan, and entities controlled or owned 
     by officials of the Government of Sudan or the National 
     Congress Party in Sudan, that will remain in effect until 
     such time as the Government of Sudan fully complies with all 
     relevant United Nations Security Council resolutions;
       (B) establishes a military no-fly zone in Darfur and calls 
     on the Government of Sudan to immediately withdraw all 
     military aircraft from the region;
       (C) urges member states to accelerate assistance to the 
     African Union force in Darfur, sufficient to achieve the 
     expanded mandate described in paragraph (5);
       (D) calls on the Government of Sudan to cooperate with, and 
     allow unrestricted movement in Darfur by, the African Union 
     force, the United Nations Mission in Sudan (UNMIS), 
     international humanitarian organizations, and United Nations 
     monitors;
       (E) extends the embargo of military equipment established 
     by paragraphs 7 through 9 of United Nations Security Council 
     Resolution 1556 and expanded by Security Council Resolution 
     1591 to include a total prohibition of sale or supply to the 
     Government of Sudan; and
       (F) expands the mandate of UNMIS to include the protection 
     of civilians throughout Sudan, including Darfur, and 
     increases the number of UNMIS personnel to achieve such 
     mandate;
       (3) the United States should not provide assistance to the 
     Government of Sudan, other than assistance necessary for the 
     implementation of the Sudan North-South Peace Agreement, the 
     support of the southern regional government in Sudan, or for 
     humanitarian purposes in Sudan, unless the President 
     certifies and reports to Congress that the Government of 
     Sudan has fully complied with all relevant United Nations 
     Security Council resolutions and the conditions established 
     by the Comprehensive Peace in Sudan Act of 2004 (Public Law 
     108-497; 118 Stat. 4018);
       (4) the President should work with international 
     organizations, including the North Atlantic Treaty 
     Organization (NATO), the United Nations, and the African 
     Union to undertake action as soon as practicable to eliminate 
     the ability of the Government of Sudan to engage in aerial 
     bombardment of civilians in Darfur and establish mechanisms 
     for the enforcement of a no-fly zone in Darfur;
       (5) the African Union should extend its mandate in Darfur 
     to include the protection of civilians and proactive efforts 
     to prevent violence;
       (6) the President should accelerate assistance to the 
     African Union in Darfur and discussions with the African 
     Union, the European Union, NATO, and other supporters of the 
     African Union force on the needs of the African Union force, 
     including assistance for housing, transportation, 
     communications, equipment, technical assistance such as 
     training and command and control assistance, and 
     intelligence;
       (7) the President should appoint a Presidential Envoy for 
     Sudan to support peace, security and stability in Darfur and 
     seek a comprehensive peace throughout Sudan;
       (8) United States officials, at the highest levels, should 
     raise the issue of Darfur in bilateral meetings with 
     officials from other members of the United Nations Security 
     Council and other relevant countries, with the aim of passing 
     a United Nations Security Council resolution described in 
     paragraph (2) and mobilizing maximum support for political, 
     financial, and military efforts to stop the genocide in 
     Darfur; and
       (9) the United States should actively participate in the UN 
     Committee and the Panel of Experts established pursuant to 
     Security Council Resolution 1591, and work to support the 
     Secretary-General and the United Nations High Commissioner 
     for Human Rights in their efforts to increase the number and 
     deployment rate of human rights monitors to Darfur.
       (b)(1) At such time as the United States has access to any 
     of the names of those named by the UN Commission of Inquiry 
     or those designated by the UN Committee the President shall--
       (A) submit to the appropriate congressional committees a 
     report listing such names;
       (B) determine whether the individuals named by the UN 
     Commission of Inquiry or designated by the UN Committee have 
     committed the acts for which they were named or designated;
       (C) except as described under paragraph (2), take such 
     action as may be necessary to immediately freeze the funds 
     and other assets belonging to those named by the UN 
     Commission of Inquiry and those designated by the UN 
     Commission, their family members, and any assets or property 
     that such individuals transferred on or after July 1, 2002, 
     including requiring that any United States financial 
     institution holding such funds and assets promptly report 
     those funds and assets to the Office of Foreign Assets 
     Control; and
       (D) except as described under paragraph (2), deny visas and 
     entry to those named by the UN Commission of Inquiry and 
     those designated by the UN Commission, their family members, 
     and anyone the President determines has been, is, or may be 
     planning, carrying out, responsible for, or otherwise 
     involved in crimes against humanity, war crimes, or genocide 
     in Darfur, Sudan.
       (2) The President may elect not to take action described in 
     paragraphs (1)(C) and (1)(D) if the President submits to the 
     appropriate congressional committee, a report--
       (A) naming the individual or individuals named by the UN 
     Commission of Inquiry or designated by the UN Committee with 
     respect to whom the President has made such election, on 
     behalf of the individual or the individual's family member or 
     associate; and
       (B) describing the reasons for such election, and including 
     the determination described in paragraph (1)(B).
       (3) Not later than 30 days after United States has access 
     to any of the names of those named by the UN Commission of 
     Inquiry or those designated by the UN Committee, the 
     President shall submit to the appropriate congressional 
     committees notification of the sanctions imposed under 
     paragraphs (1)(C) and (1)(D) and the individuals affected, or 
     the report described in paragraph (2).
       (4) Not later than 30 days prior to waiving the sanctions 
     provisions of any other Act with regard to Sudan, the 
     President shall submit to the appropriate congressional 
     committees a report describing the waiver and the reasons for 
     such waiver.
       (c)(1) The Secretary of State, in conjunction with the 
     Secretary of Defense, shall report to the appropriate 
     congressional committees on efforts to deploy an African 
     Union force in Darfur, the capacity of such force to 
     stabilize Darfur and protect civilians, the needs of such 
     force to achieve such mission including housing, 
     transportation, communications, equipment, technical 
     assistance, including training and command and control, and 
     intelligence, and the status of United States and other 
     assistance to the African Union force.
       (2)(A) The report described in paragraph (1) shall be 
     submitted every 90 days during the 1-year period beginning on 
     the date of the enactment of this Act, or until such time as 
     the President certifies that the situation in Darfur is 
     stable and that civilians are no longer in danger and that 
     the African Union is no longer needed to prevent a resumption 
     of violence and attacks against civilians.
       (B) After such 1-year period, and if the President has not 
     made the certification described in subparagraph (A), the 
     report described in paragraph (1) shall be included in the 
     report required under section 8(b) of the Sudan Peace Act (50 
     U.S.C. 1701 note), as amended by section 5(b) of the 
     Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 
     118 Stat. 4018).
       (d) In this section:
       (1) The term `appropriate congressional committees' means 
     the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate and the Committee on 
     International Relations and the Committee on Appropriations 
     of the House of Representatives.
       (2) The term ``Government of Sudan'' means the National 
     Congress Party-led government in Khartoum, Sudan, or any 
     successor government formed on or after the date of the 
     enactment of this title.
       (3) The term ``member states'' means the member states of 
     the United Nations.
       (4) The term ``Sudan North-South Peace Agreement'' means 
     the comprehensive peace agreement signed by the Government of 
     Sudan and the Sudan People's Liberation Army/Movement on 
     January 9, 2005.
       (5) The term ``those named by the UN Commission of 
     Inquiry'' means those individuals whose names appear in the 
     sealed file delivered to the Secretary-General of the United 
     Nations by the International Commission of Inquiry on Darfur 
     to the United Nations Security Council.
       (6) The term ``UN Committee'' means the Committee of the 
     Security Council established in United Nations Security 
     Council Resolution 1591 (29 March 2005); paragraph 3.


                          CANDIDATE COUNTRIES

       Sec. 2110. Section 616(b)(1) of the Millennium Challenge 
     Act of 2003 (Public Law 108-199) is amended--
       (1) by striking ``subparagraphs (A) and (B) of section 
     606(a)(1)''; and
       (2) inserting in lieu thereof ``subsection (a) or (b) of 
     section 606''.


                                 SUDAN

       Sec. 2111. Of the funds appropriated in this Act for 
     ``Contributions for International Peacekeeping Activities'', 
     $90,500,000 may be made available for assistance for Darfur, 
     Sudan: Provided, That within these amounts, $50,000,000 may 
     be transferred to ``Peacekeeping Operations'' for support of 
     the efforts of the African Union to halt genocide and other 
     atrocities in Darfur, Sudan: Provided further, That 
     $40,500,000 may be transferred to ``International Disaster 
     and Famine Assistance'' for assistance for Darfur, Sudan and 
     other African countries.

[[Page S4206]]

        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, for increased judicial security outside of 
     courthouse facilities, including priority consideration of 
     home intrusion detection systems in the homes of federal 
     judges, to remain available until September 30, 2006: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                    Federal Bureau of Investigation


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $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 Administration


                           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).


       REDUCTION IN FUNDING FOR DIPLOMATIC AND CONSULAR PROGRAMS

       The amount for ``Diplomatic and Consular Programs'' under 
     chapter 2 of title II shall be $357,700,000.

                  Immigration and Customs Enforcement


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $389,613,000, of which $128,000,000, to remain available 
     until September 30, 2006, shall be available for the 
     enforcement of immigration and customs laws, detention and 
     removal, and investigations, including the hiring of 
     immigration investigators, enforcement agents, and 
     deportation officers, and the provision of detention bed 
     space, and of which the Assistant Secretary for Immigration 
     and Customs Enforcement shall transfer (1) $179,745,000, to 
     Customs and Border Protection, to remain available until 
     September 30, 2006, for ``Salaries and Expenses'', for the 
     hiring of Border Patrol agents and related mission support 
     expenses and continued operation of unmanned aerial vehicles 
     along the Southwest Border; (2) $67,438,000, to Customs and 
     Border Protection, to remain available until expended, for 
     ``Construction''; (3) $10,471,000, to the Federal Law 
     Enforcement Training Center, to remain available until 
     September 30, 2006, for ``Salaries and Expenses''; and (4) 
     $3,959,000, to the Federal Law Enforcement Training Center, 
     to remain available until expended, for ``Acquisition, 
     Construction, Improvements, and Related Expenses'', for the 
     provision of training at the Border Patrol Academy.

                       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).

                     CUSTOMS AND BORDER PROTECTION

                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', for 
     hiring border patrol agents, $105,451,000: 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).

                              Construction

       For an additional amount for ``Construction'', $41,500,000, 
     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).

                          Reduction in Funding

       The amount appropriated by title II for ``Contributions to 
     International Peacekeeping Activities'' is hereby reduced by 
     $146,951,000 and the total amount appropriated by title II is 
     hereby reduced by $146,951,000.

                               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

[[Page S4207]]

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

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

             Overseas Humanitarian, Disaster, and Civic Aid

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

                                CHAPTER 3

                    DEPARTMENT OF HOMELAND SECURITY

                       UNITED STATES COAST GUARD

                           Operating Expenses

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

                               CHAPTER 4

                       DEPARTMENT OF THE INTERIOR

                    United States Geological Survey


                 Surveys, Investigations, and Research

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

                               CHAPTER 5

                  FUNDS APPROPRIATED TO THE PRESIDENT

                       OTHER BILATERAL ASSISTANCE

                Tsunami Recovery and Reconstruction Fund


                     (Including Transfers of Funds)

       For necessary expenses to carry out the Foreign Assistance 
     Act of 1961, for emergency relief, rehabilitation, and 
     reconstruction aid to countries affected by the tsunami and 
     earthquakes of December 2004 and March 2005, and the Avian 
     influenza virus, $656,000,000, to remain available until 
     September 30, 2006: Provided, That these funds may be 
     transferred by the Secretary of State to Federal agencies or 
     accounts for any activity authorized under part I (including 
     chapter 4 of part II) of the Foreign Assistance Act, or under 
     the Agricultural Trade Development and Assistance Act of 
     1954, to accomplish the purposes provided herein: Provided 
     further, That upon a determination that all or part of the 
     funds so transferred from this appropriation are not 
     necessary for the purposes provided herein, such amounts may 
     be transferred back to this appropriation: Provided further, 
     That funds appropriated under this heading may be used to 
     reimburse fully accounts administered by the United States 
     Agency for International Development for obligations incurred 
     for the purposes provided under this heading prior to 
     enactment of this Act, including Public Law 480 Title II 
     grants: Provided further, That of the amounts provided 
     herein: up to $10,000,000 may be transferred to and 
     consolidated with ``Development Credit Authority'' for the 
     cost of direct loans and loan guarantees as authorized by 
     sections 256 and 635 of the Foreign Assistance Act of 1961 in 
     furtherance of the purposes of this heading; up to 
     $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 $100,000,000 may be transferred to and consolidated 
     with ``Operating Expenses of the United States Agency for 
     International Development Office of Inspector General''; and 
     up to $5,000,000 may be transferred to and consolidated with 
     ``Emergencies in the Diplomatic and Consular Service'' for 
     the purpose of providing support services for United States 
     citizen victims and related operations: Provided further, 
     That of the funds appropriated under this heading, not less 
     than $5,000,000 shall be made available for environmental 
     recovery activities in tsunami affected countries: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $10,000,000 should be made available for 
     programs and activities which create new economic 
     opportunities for women: Provided further, That of the funds 
     appropriated under this heading, 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 to support initiatives that focus on the immediate 
     and long-term needs of children for protection and 
     permanency, including the registration of unaccompanied 
     children, the reunification of children with their immediate 
     or extended families, assistance to improve the capacity of 
     governments and appropriate private entities to facilitate 
     domestic and international adoption of orphaned children, the 
     protection of women and children from violence and 
     exploitation, and activities designed to prevent the capture 
     of children by armed forces and promote the integration of 
     war affected youth: Provided further, That of the funds 
     appropriated under this heading, not less that $20,000,000 
     should be made available for microcredit programs in 
     countries affected by the tsunami, to be administered by the 
     United States Agency for International Development: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $25,000,000 shall be made available for 
     programs to prevent the spread of the Avian influenza virus, 
     to be administered by the United States Agency for 
     International Development: 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 funds appropriated under 
     this heading shall be made 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 President is hereby authorized to defer and 
     reschedule for such period as he may deem appropriate any 
     amounts owed to the United States or any agency of the United 
     States by those countries significantly affected by the 
     tsunami and earthquakes of December 2004, including the 
     Republic of Indonesia, the Republic of Maldives and the 
     Democratic Socialist Republic of Sri Lanka: Provided further, 
     That of the funds appropriated under this heading, up to 
     $45,000,000 may be made available for the modification costs, 
     as defined in section 502 of the Congressional Budget Act of 
     1974, if any, associated with any deferral and rescheduling 
     authorized under this heading: Provided further, That such 
     amounts shall not be considered ``assistance'' for the 
     purposes of provisions of law limiting assistance to any such 
     affected country: Provided further, That the amount provided 
     under 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).

[[Page S4208]]

                    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).


                  WATERSHED PROJECTS IN WEST VIRGINIA

       Sec. 5104. Of the amount provided to the Secretary of 
     Agriculture under the Consolidated Appropriations Act, 2005 
     (Public Law 108-447) for the Lost River Watershed project, 
     West Virginia, $4,000,000 may be transferred to the Upper 
     Tygart Watershed project, West Virginia, to be used under the 
     same terms and conditions under which funds for that project 
     were appropriated in section 735 of the Consolidated 
     Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 36).


                          FARM SERVICE AGENCY

       Sec. 5105. The funds made available in section 786 of title 
     VII of the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2005 
     as contained in division A of the Consolidated Appropriations 
     Act, 2005 (Public Law 108-447) may be applied to accounts of 
     Alaska dairy farmers owed to the Secretary of Agriculture.

                               CHAPTER 2

                       DEPARTMENT OF THE INTERIOR

                        Departmental Management


                         Salaries and Expenses

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

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                         National Forest System

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


                  Capital Improvement and Maintenance

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

                               CHAPTER 3

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary


            public health and social services emergency fund

                    (including rescissions of funds)

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

                             RELATED AGENCY

                  Institute of Museum Library Services


    office of museum and library services: grants and administration

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

                               CHAPTER 4

                             THE JUDICIARY

    Courts of Appeals, District Courts, and Other Judicial Services


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Salaries and Expenses, 
     Courts of Appeals, District Courts and Other Judicial 
     Services'' for unforeseen costs associated with increased 
     immigration-related filings, recent Supreme Court decisions, 
     and recently enacted legislation, $65,000,000, 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.

             OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

                         SALARIES AND EXPENSES


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for the ``Office of Federal 
     Housing Enterprise Oversight'' for carrying out the Federal 
     Housing Enterprises Financial Safety and Soundness Act of 
     1992, $5,000,000 to remain available until expended, to be 
     derived from the Federal Housing Enterprises Oversight Fund: 
     Provided, That not to exceed the amount provided herein shall 
     be available from the general fund of the Treasury to the 
     extent necessary to incur obligations and make expenditures 
     pending the receipt of collections to the Fund: Provided 
     further, That the general fund amount shall be reduced as 
     collections are received during the fiscal year so as to 
     result in a final appropriation from the general fund 
     estimated at not more than $0.

                    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.

[[Page S4209]]

         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 (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 value 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''.


      AGRICULTURAL AND NATURAL RESOURCES OF THE WALKER RIVER BASIN

       Sec. 6017. (a)(1) Using amounts made available under 
     section 2507 of the Farm and Security Rural Investment Act of 
     2002 (43 U.S.C. 2211 note; Public Law 107-171), the Secretary 
     of the Interior (referred to in this section as the 
     ``Secretary''), acting through the Commissioner of 
     Reclamation, shall provide not more than $850,000 to pay the 
     State of Nevada's share of the costs for the Humboldt Project 
     conveyance required under--
       (A) title VIII of the Clark County Conservation of Public 
     Land and Natural Resources Act of 2002 (116 Stat. 2016); and
       (B) section 217(a)(3) of the Energy and Water Development 
     Appropriations Act, 2004 (117 Stat. 1853).
       (2) Amounts provided under paragraph (1) may be used to 
     pay--
       (A) administrative costs;
       (B) the costs associated with complying with--
       (i) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (ii) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.); and
       (C) real estate transfer costs.
       (b)(1) Using amounts made available under section 2507 of 
     the Farm and Security Rural Investment Act of 2002 (43 U.S.C. 
     2211 note; Public Law 107-171), the Secretary shall provide 
     not more than $70,000,000 to the University of Nevada--
       (A) to acquire from willing sellers land, water appurtenant 
     to the land, and related interests in the Walker River Basin, 
     Nevada; and
       (B) to establish and administer an agricultural and natural 
     resources center, the mission of which shall be to undertake 
     research, restoration, and educational activities in the 
     Walker River Basin relating to--
       (i) innovative agricultural water conservation;
       (ii) cooperative programs for environmental restoration;
       (iii) fish and wildlife habitat restoration; and
       (iv) wild horse and burro research and adoption marketing.
       (2) In acquiring land, water, and related interests under 
     paragraph (1)(A), the University of Nevada shall make 
     acquisitions that the University determines are the most 
     beneficial to--
       (A) the establishment and operation of the agricultural and 
     natural resources research center authorized under paragraph 
     (1)(B); and
       (B) environmental restoration in the Walker River Basin.
       (c)(1) Using amounts made available under section 2507 of 
     the Farm and Security Rural Investment Act of 2002 (43 U.S.C. 
     2211 note; Public Law 107-171), the Secretary shall provide 
     not more than $10,000,000 for a water lease and purchase 
     program for the Walker River Paiute Tribe.
       (2) Water acquired under paragraph (1) shall be--
       (A) acquired only from willing sellers;
       (B) designed to maximize water conveyances to Walker Lake; 
     and
       (C) located only within the Walker River Paiute Indian 
     Reservation.
       (d) Using amounts made available under section 2507 of the 
     Farm and Security Rural Investment Act of 2002 (43 U.S.C. 
     2211 note; Public Law 107-171), the Secretary, acting through 
     the Commissioner of Reclamation, shall provide--
       (1) $10,000,000 for tamarisk eradication, riparian area 
     restoration, and channel restoration efforts within the 
     Walker River Basin that are designed to enhance water 
     delivery to Walker Lake, with priority given to activities 
     that are expected to result in the greatest increased water 
     flows to Walker Lake; and

[[Page S4210]]

       (2) $5,000,000 to the United States Fish and Wildlife 
     Service, the Walker River Paiute Tribe, and the Nevada 
     division of Wildlife to undertake activities, to be 
     coordinated by the Director of the United States Fish and 
     Wildlife Service, to complete the design and implementation 
     of the Western Inland Trout Initiative and Fishery 
     Improvements in the State of Nevada with an emphasis on the 
     Walker River Basin.


                           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 Administration, Weapons Activities'' is 
     amended by inserting after ``various locations'' the 
     following: ``: Provided further, That $3,000,000 shall be 
     used to continue funding of project #DE-FC04-02AL68107, the 
     Technology Ventures Corporation: Provided further, That 
     notwithstanding the provisions of section 302 of Public Law 
     102-377 and section 4705 of Public Law 107-314, as amended, 
     the Department may transfer up to $10,000,000 from the 
     Weapons Activities appropriation for purposes of carrying out 
     section 3147 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005, Public Law 108-375''.


                  defense site acceleration completion

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


                     Defense Environmental Services

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


                 Chernobyl Research and Service Project

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


             Department of Energy Small Business Contracts

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


                             yucca mountain

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


                     POWER MARKETING ADMINISTRATION

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


                    Department of Homeland Security

                            Revolving Funds

       Sec. 6026. (a) The Department of Homeland Security 
     ``Working Capital Fund'' is abolished and any remaining 
     unobligated or unexpended fund balances shall be immediately 
     transferred to the ``Office of the Chief Financial Officer'' 
     and shall be subject to section 503 of Public Law 108-334.
       (b) The Department of Homeland Security may not use any 
     funds made available under section 403 of the Government 
     Management Reform Act of 1994 (Public Law 103-356).
       (c)(1) There is established the ``Continuity of Government 
     Operations and Emergency Management Revolving Fund'' (in this 
     subsection referred to as the ``Revolving Fund'') which shall 
     be administered by a board of directors designated by the 
     Under Secretary for Emergency Preparedness and Response.
       (2) There shall be deposited into the Revolving Fund such 
     amounts--
       (A) that would have been deposited into the ``Working 
     Capital Fund'' abolished under subsection (a) in accordance 
     with any memorandum of understanding between the Federal 
     Emergency Management Agency and any agency or other entity 
     providing for the funding of the ``Working Capital Fund'' 
     before the date of enactment of Public Law 107-296;
       (B) provided for in any other memorandum of understanding 
     approved by the board of directors after the date of 
     enactment of this Act; and
       (C) derived from agreements defined in (c)(2)(A) that were 
     transferred to the ``Office of the Chief Financial Officer'' 
     pursuant to subsection (a).
       (3) Funds in the Revolving Fund may be used only for 
     activities and services relating to continuity of Government 
     and emergency management carried out by the Federal Emergency 
     Management Agency before March 1, 2003, or approved by the 
     Committees on Appropriations of the Senate and the House of 
     Representatives.


                        reprogramming provisions

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


             bureau of land management technical correction

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


                        forest service transfer

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


              west yellowstone visitor information center

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


                       pesticides tolerance fees

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


                     GULF ISLANDS NATIONAL SEASHORE

       Sec. 6033. (a) The Secretary of the Interior shall allow 
     the State of Mississippi, its lessees, contractors, and 
     permittees, to conduct, under reasonable regulation not 
     inconsistent with timely and generally full extraction of the 
     oil and gas minerals:
       (1) exploration, development and production operations on 
     sites outside the boundaries of Gulf Islands National 
     Seashore that use directional drilling techniques which 
     result in the

[[Page S4211]]

     drill hole crossing into the Gulf Islands National Seashore 
     and passing under any land or water the surface of which is 
     owned by the United States, including terminating in bottom 
     hole locations thereunder; and
       (2) seismic and seismic-related exploration activities 
     inside the boundaries of Gulf Islands National Seashore 
     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 102 and section 208 of division F of 
     Public Law 108-447 are hereby repealed.


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

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


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

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


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

       Sec. 6038. In the statement of the managers of the 
     committee of conference accompanying H.R. 2673 (Public Law 
     108-199; House Report 108-401), in the matter in title III of 
     division E, relating to the Fund for the Improvement of 
     Education under the heading ``Innovation and Improvement'' 
     the provision specifying $1,500,000 for the University of 
     Alaska at Fairbanks for Alaska System for Early Education 
     Development (SEED) program to expand early childhood services 
     and to train Early Head Start teachers with AAS degrees for 
     positions in rural Alaska shall be deemed to read 
     ``University of Alaska/Southeast in Juneau, AK, working with 
     the State of Alaska and Catholic Community Services, for the 
     Alaska System for Early Education Development (SEED) program 
     to expand early childhood services and to train Early Head 
     Start teachers with AAS degrees for positions in rural 
     Alaska''.


    corporation for national and community service for grant reviews

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


                        copyright royalty judges

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


           TECHNICAL CORRECTION--DEPARTMENT OF TRANSPORTATION

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


                             THE JUDICIARY

       Sec. 6042. Section 308 of division B of Public Law 108-447 
     is amended by striking ``shall be deposited'' and all that 
     follows through ``expenses'' and inserting in lieu thereof 
     ``shall be deposited as offsetting receipts to the fund 
     established under 28 U.S.C. section 1931 and shall remain 
     available to the Judiciary until expended to reimburse any 
     appropriation for the amount paid out of such appropriation 
     for expenses of

[[Page S4212]]

     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,''.


SENSE OF SENATE REGARDING TIMELY ENACTMENT OF APPROPRIATIONS FOR UNITED 
                          STATES ARMED FORCES

       Sec. 6047. Sense of the Senate. It is the sense of the 
     Senate that--
       (1) our immigration system is badly broken, fails to serve 
     the interests of our national security and our national 
     economy, and undermines respect for the rule of law;
       (2) in a post-9/11 world, national security demands a 
     comprehensive solution to our immigration system;
       (3) Congress must engage in a careful and deliberative 
     discussion about the need to bolster enforcement of, and 
     comprehensively reform, our immigration laws;
       (4) Congress should not short-circuit that discussion by 
     attaching amendments to this supplemental outside of the 
     regular order; and
       (5) Congress should not delay the enactment of critical 
     appropriations necessary to ensure the well-being of the men 
     and women of the United States Armed Forces fighting in Iraq 
     and elsewhere around the world, by attempting to conduct a 
     debate about immigration reform while the supplemental 
     appropriations bill is pending on the floor of the United 
     States Senate.
       Sec. 6048. Unless otherwise authorized by existing law, 
     none of the funds provided in this Act or any other Act may 
     be used by a Federal agency to produce any prepackaged news 
     story unless the story includes a clear notification within 
     the text or audio of the prepackaged news that the 
     prepackaged news story was prepared or funded by that Federal 
     agency.
       Sec. 6049. Technical Correction to the Medicare Health Care 
     Infrastructure Improvement Program. (a) In General.--Section 
     1897(c) of the Social Security Act (42 U.S.C. 1395hhh(c)) is 
     amended--
       (1) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``or an entity described in paragraph (3)'' after ``means a 
     hospital''; and
       (B) in subparagraph (B)--
       (i) by inserting ``legislature'' after ``State'' the first 
     place it appears; and
       (ii) by inserting ``and such designation by the State 
     legislature occurred prior to December 8, 2003'' before the 
     period at the end; and
       (2) by adding at the end the following new paragraph:
       ``(3) Entity described.--An entity described in this 
     paragraph is an entity that--
       ``(A) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Code;
       ``(B) has at least 1 existing memorandum of understanding 
     or affiliation agreement with a hospital located in the State 
     in which the entity is located; and
       ``(C) retains clinical outpatient treatment for cancer on 
     site as well as lab research and education and outreach for 
     cancer in the same facility.''.
       (b) Limitation on Review.--Section 1897 of the Social 
     Security Act (42 U.S.C. 1395hhh(c)) is amended by adding at 
     the end the following new subsection:
       ``(i) Limitation on Review.--There shall be no 
     administrative or judicial review of any determination made 
     by the Secretary under this section.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of section 
     1016 of the Medicare Prescription Drug, Improvement, and 
     Modernization Act of 2003 (Public Law 108-173; 117 Stat. 
     2447).
       Sec. 6050. None of the funds made available by this or any 
     other Act may be used to deny the provision of assistance 
     under section 310B(a)(1) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1932(a)(1)) solely due to the 
     failure of the Secretary of Labor to respond to a request to 
     certify assistance within the time period specified in 
     section 310B(d)(4) of that Act.


   TECHNICAL CORRECTION--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

       Sec. 6051. (a) Section 222 of title II of division I of 
     Public Law 108-447 is deleted; and
       (b) Section 203(c)(l) of the National Housing Act (12 
     U.S.C. 1709(c)) is amended by--
       (1) striking ``subsections'' and inserting ``subsection'', 
     and
       (2) striking ``or (k)'' each place that it appears.


                                 NEPAL

       Sec. 6052. (a) Findings.--The Senate makes the following 
     findings:
       (1) That on February 1, 2005, Nepal's King Gyanendra 
     dissolved the multi-party government, suspended 
     constitutional liberties, and arrested political party 
     leaders, human rights activists and representatives of civil 
     society organizations.
       (2) That despite condemnation of the King's actions and the 
     suspension of military aid to Nepal by India and Great 
     Britain, and similar steps by the United States, the King has 
     refused to restore constitutional liberties and democracy.
       (3) That there are concerns that the King's actions will 
     strengthen Nepal's Maoist insurgency.
       (4) That while some political leaders have been released 
     from custody, there have been new arrests of human rights 
     activists and representatives of other civil society 
     organizations.
       (5) That the King has thwarted efforts of members of the 
     National Human Rights Commission to conduct monitoring 
     activities, but recently agreed to permit the United Nations 
     High Commissioner for Human Rights to open an office in 
     Katmandu to monitor and investigate violations.
       (6) That the Maoists have committed atrocities against 
     civilians and poses a threat to democracy in Nepal.
       (7) That the Nepalese Army has also committed gross 
     violations of human rights.
       (8) That King Gyanendra has said that he intends to pursue 
     a military strategy against the Maoists.
       (9) That Nepal needs an effective military strategy to 
     counter the Maoists and pressure them to negotiate an end to 
     the conflict, but such a strategy must include the Nepalese 
     Army's respect for the human rights and dignity of the 
     Nepalese people.
       (10) That an effective strategy to counter the Maoists also 
     requires a political process that is inclusive and democratic 
     in which constitutional rights are protected, and government 
     policies that improve the lives of the Nepalese people.
       (11) That it is the Sense of the Senate that King Gyanendra 
     should immediately release all political detainees, restore 
     constitutional liberties, and undertake good faith 
     negotiations with the leaders of Nepal's political parties to 
     restore democracy.


                  FISCHER-TROPSCH COAL-TO-OIL PROJECT

       Sec. 6053. Notwithstanding any other provision of law, 
     funds that have been appropriated to and awarded by the 
     Secretary of Energy under the Clean Coal Power Initiative in 
     accordance with financial assistance solicitation #DE-PS26-
     02NT41428 (as described in 67 Federal Register 575) to 
     construct a Fischer-Tropsch coal-to-oil project may be used 
     by the Secretary to provide a loan guarantee for the project.


                      PROTECTION OF THE GALAPAGOS

       Sec. 6054. (a) Findings.--The Senate makes the following 
     findings:
       (1) The Galapagos Islands are a global treasure and World 
     Heritage Site, and the future of the Galapagos is in the 
     hands of the Government of Ecuador.
       (2) The world depends on the Government of Ecuador to 
     implement the necessary policies and programs to ensure the 
     long term protection of the biodiversity of the Galapagos, 
     including enforcing the Galapagos Special Law.
       (3) There are concerns with the current leadership of the 
     Galapagos National Park Service and that the biodiversity of 
     the Galapagos and the Marine Reserve are not being properly 
     managed or adequately protected; and
       (4) The Government of Ecuador has reportedly given 
     preliminary approval for commercial airplane flights to the 
     Island of Isabela, which

[[Page S4213]]

     may cause irreparable harm to the biodiversity of the 
     Galapagos, and has allowed the export of fins from sharks 
     caught accidentally in the Marine Reserve, which encourages 
     illegal fishing.
       (b) The Senate strongly encourages the Government of 
     Ecuador to--
       (A) refrain from taking any action that could cause harm to 
     the biodiversity of the Galapagos or encourage illegal 
     fishing in the Marine Reserve;
       (B) abide by the agreement to select the Directorship of 
     the Galapagos National Park Service though a transparent 
     process based on merit as previously agreed by the Government 
     of Ecuador, international donors, and nongovernmental 
     organizations; and
       (C) enforce the Galapagos Special Law in its entirety, 
     including the governance structure defined by the law to 
     ensure effective control of migration to the Galapagos and 
     sustainable fishing practices, and prohibit long-line fishing 
     which threatens the survival of shark and marine turtle 
     populations.
       (c) The Department of State should--
       (A) emphasize to the Government of Ecuador the importance 
     the United States gives to these issues; and
       (B) offer assistance to implement the necessary policies 
     and programs to ensure the long term protection of the 
     biodiversity of the Galapagos and the Marine Reserve and to 
     sustain the livelihoods of the Galapagos population who 
     depend on the marine ecosystem for survival.


                        CAMP JOSEPH T. ROBINSON

       Sec. 6055. The United States releases to the State of 
     Arkansas the reversionary interest described in sections 2 
     and 3 of the Act entitled ``An Act authorizing the transfer 
     of part of Camp Joseph T. Robinson to the State of 
     Arkansas'', approved June 30, 1950 (64 Stat. 311, chapter 
     429), in and to the surface estate of the land constituting 
     Camp Joseph T. Robinson, Arkansas, which lies east of the 
     Batesville Pike county road, in sections 24, 25, and 36, 
     township 3 north, range 12 west, Pulaski County, Arkansas.


          INDEPENDENT COUNSEL INVESTIGATION OF HENRY CISNEROS

       Sec. 6056. (a) None of the funds appropriated or made 
     available in this Act or any other Act may be used to fund 
     the independent counsel investigation of Henry Cisneros after 
     June 1, 2005.
       (b) Not later than July 1, 2005, the Government 
     Accountability Office shall provide the Committee on 
     Appropriations of each House with a detailed accounting of 
     the costs associated with the independent counsel 
     investigation of Henry Cisneros.


 AFFIRMING THE PROHIBITION ON TORTURE AND CRUEL, INHUMAN, OR DEGRADING 
                               TREATMENT

       Sec. 6057. (a)(1) None of the funds appropriated or 
     otherwise made available by this Act shall be obligated or 
     expended to subject any person in the custody or under the 
     physical control of the United States to torture or cruel, 
     inhuman, or degrading treatment or punishment that is 
     prohibited by the Constitution, laws, or treaties of the 
     United States.
       (2) Nothing in this section shall affect the status of any 
     person under the Geneva Conventions or whether any person is 
     entitled to the protections of the Geneva Conventions.
       (b) As used in this section--
       (1) the term ``torture'' has the meaning given that term in 
     section 2340(1) of title 18, United States Code; and
       (2) the term ``cruel, inhuman, or degrading treatment or 
     punishment'' means the cruel, unusual, and inhumane treatment 
     or punishment prohibited by the fifth amendment, eighth 
     amendment, or fourteenth amendment to the Constitution of the 
     United States.


                         DETROIT LABOR BUILDING

       Sec. 6058. The Secretary of Labor shall convey to the State 
     of Michigan, for no consideration, all right, title, and 
     interest of the United States in and to the real property 
     known as the ``Detroit Labor Building'' and located at 7310 
     Woodward Avenue, Detroit, Michigan, to the extent the right, 
     title, or interest was acquired through a grant to the State 
     of Michigan under title III of the Social Security Act (42 
     U.S.C. 501 et seq.) or the Wagner-Peyser Act (29 U.S.C. 49 et 
     seq.) or using funds distributed to the State of Michigan 
     under section 903 of the Social Security Act (42 U.S.C. 
     1103).


                      TRAUMATIC INJURY PROTECTION

       Sec. 6059. Traumatic Injury Protection. (a) In General.--
     Subchapter III of chapter 19, Title 38, United States Code, 
     is amended--
       (1) in section 1965, by adding at the end the following:
       ``(11) The term `activities of daily living' means the 
     inability to independently perform 2 of the 6 following 
     functions:
       ``(A) Bathing.
       ``(B) Continence.
       ``(C) Dressing.
       ``(D) Eating.
       ``(E) Toileting.
       ``(F) Transferring.''; and
       (2) by adding at the end the following:

     ``Sec. 1980A. Traumatic injury protection

       ``(a) A member who is insured under subparagraph (A)(i), 
     (B), or (C)(i) of section 1967(a)(1) shall automatically be 
     issued a traumatic injury protection rider that will provide 
     for a payment not to exceed $100,000 if the member, while so 
     insured, sustains a traumatic injury that results in a loss 
     described in subsection (b)(1). The maximum amount payable 
     for all injuries resulting from the same traumatic event 
     shall be limited to $100,000. If a member suffers more than 1 
     such loss as a result of traumatic injury, payment will be 
     made in accordance with the schedule in subsection (d) for 
     the single loss providing the highest payment.
       ``(b)(1) A member who is issued a traumatic injury 
     protection rider under subsection (a) is insured against such 
     traumatic injuries, as prescribed by the Secretary, in 
     collaboration with the Secretary of Defense, including, but 
     not limited to--
       ``(A) total and permanent loss of sight;
       ``(B) loss of a hand or foot by severance at or above the 
     wrist or ankle;
       ``(C) total and permanent loss of speech;
       ``(D) total and permanent loss of hearing in both ears;
       ``(E) loss of thumb and index finger of the same hand by 
     severance at or above the metacarpophalangeal joints;
       ``(F) quadriplegia, paraplegia, or hemiplegia;
       ``(G) burns greater than second degree, covering 30 percent 
     of the body or 30 percent of the face; and
       ``(H) coma or the inability to carry out the activities of 
     daily living resulting from traumatic injury to the brain.
       ``(2) For purposes of this subsection--
       ``(A) the term `quadriplegia' means the complete and 
     irreversible paralysis of all 4 limbs;
       ``(B) the term `paraplegia' means the complete and 
     irreversible paralysis of both lower limbs; and
       ``(C) the term `hemiplegia' means the complete and 
     irreversible paralysis of the upper and lower limbs on 1 side 
     of the body.
       ``(3) The Secretary, in collaboration with the Secretary of 
     Defense, shall prescribe, by regulation, the conditions under 
     which coverage against loss will not be provided.
       ``(c) A payment under this section may be made only if--
       ``(1) the member is insured under Servicemembers' Group 
     Life Insurance when the traumatic injury is sustained;
       ``(2) the loss results directly from that traumatic injury 
     and from no other cause; and
       ``(3) the member suffers the loss before the end of the 
     period prescribed by the Secretary, in collaboration with the 
     Secretary of Defense, which begins on the date on which the 
     member sustains the traumatic injury, except, if the loss is 
     quadriplegia, paraplegia, or hemiplegia, the member suffers 
     the loss not later than 365 days after sustaining the 
     traumatic injury.
       ``(d) Payments under this section for losses described in 
     subsection (b)(1) shall be--
       ``(1) made in accordance with a schedule prescribed by the 
     Secretary, in collaboration with the Secretary of Defense;
       ``(2) based on the severity of the covered condition; and
       ``(3) in an amount that is equal to not less than $25,000 
     and not more than $100,000.
       ``(e)(1) During any period in which a member is insured 
     under this section and the member is on active duty, there 
     shall be deducted each month from the member's basic or other 
     pay until separation or release from active duty an amount 
     determined by the Secretary of Veterans Affairs as the 
     premium allocable to the pay period for providing traumatic 
     injury protection under this section (which shall be the same 
     for all such members) as the share of the cost attributable 
     to provided coverage under this section, less any costs 
     traceable to the extra hazards of such duty in the uniformed 
     services.
       ``(2) During any month in which a member is assigned to the 
     Ready Reserve of a uniformed service under conditions which 
     meet the qualifications set forth in section 1965(5)(B) of 
     this title and is insured under a policy of insurance 
     purchased by the Secretary of Veterans Affairs under section 
     1966 of this title, there shall be contributed from the 
     appropriation made for active duty pay of the uniformed 
     service concerned an amount determined by the Secretary of 
     Veterans Affairs (which shall be the same for all such 
     members) as the share of the cost attributable to provided 
     coverage under this section, less any costs traceable to the 
     extra hazards of such duty in the uniformed services. Any 
     amounts so contributed on behalf of any member shall be 
     collected by the Secretary of the concerned service from such 
     member (by deduction from pay or otherwise) and shall be 
     credited to the appropriation from which such contribution 
     was made in advance on a monthly basis.
       ``(3) The Secretary of Veterans Affairs shall determine the 
     premium amounts to be charged for traumatic injury protection 
     coverage provided under this section.
       ``(4) The premium amounts shall be determined on the basis 
     of sound actuarial principles and shall include an amount 
     necessary to cover the administrative costs to the insurer or 
     insurers providing such insurance.
       ``(5) Each premium rate for the first policy year shall be 
     continued for subsequent policy years, except that the rate 
     may be adjusted for any such subsequent policy year on the 
     basis of the experience under the policy, as determined by 
     the Secretary of Veterans Affairs in advance of that policy 
     year.
       ``(6) The cost attributable to insuring such member under 
     this section, less the premiums deducted from the pay of the 
     member's uniformed service, shall be paid by the Secretary of 
     Defense to the Secretary of Veterans Affairs. This amount 
     shall be paid on a monthly basis, and shall be due within 10 
     days of the notice provided by the Secretary of Veterans 
     Affairs to the Secretary of the concerned uniformed service.
       ``(7) The Secretary of Defense shall provide the amount of 
     appropriations required to pay expected claims in a policy 
     year, as determined according to sound actuarial principles 
     by the Secretary of Veterans Affairs.
       ``(8) The Secretary of Defense shall forward an amount to 
     the Secretary of Veterans Affairs that is equivalent to half 
     the anticipated cost of claims for the current fiscal year, 
     upon the effective date of this legislation.
       ``(f) The Secretary of Defense shall certify whether any 
     member claiming the benefit under this section is eligible.
       ``(g) Payment for a loss resulting from traumatic injury 
     will not be made if the member dies before the end of the 
     period prescribed by the Secretary, in collaboration with the 
     Secretary of

[[Page S4214]]

     Defense, which begins on the date on which the member 
     sustains the injury. If the member dies before payment to the 
     member can be made, the payment will be made according to the 
     member's most current beneficiary designation under 
     Servicemembers' Group Life Insurance, or a by law 
     designation, if applicable.
       ``(h) Coverage for loss resulting from traumatic injury 
     provided under this section shall cease at midnight on the 
     date of the member's separation from the uniformed service. 
     Payment will not be made for any loss resulting from injury 
     incurred after the date a member is separated from the 
     uniformed services.
       ``(i) Insurance coverage provided under this section is not 
     convertible to Veterans' Group Life Insurance.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     19 of title 38, United States Code, is amended by adding 
     after the item relating to section 1980 the following:

``1980A. Traumatic injury protection.''.

       (c) Retroactive Provision.--
       (1) In general.--Any member who experienced a traumatic 
     injury (as described in section 1980A(b)(1) of title 38, 
     United States Code) between October 7, 2001, and the 
     effective date under subsection (d), is eligible for coverage 
     provided in such section 1980A if the qualifying loss was a 
     direct result of injuries incurred in Operation Enduring 
     Freedom or Operation Iraqi Freedom.
       (2) Certification; payment.--The Secretary of Defense 
     shall--
       (A) certify to the Office of Servicemembers' Group Life 
     Insurance the names and addresses of those members the 
     Secretary of Defense determines to be eligible for 
     retroactive traumatic injury benefits under such section 
     1980A; and
       (B) forward to the Secretary of Veterans Affairs, at the 
     time the certification is made under subparagraph (A), an 
     amount of money equal to the amount the Secretary of Defense 
     determines to be necessary to pay all cost related to claims 
     for retroactive benefits under such section 1980A.
       (d) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on the first day of the first month beginning 
     more than 180 days after the date of enactment of this Act.
       (2) Rulemaking.--Before the effective date described in 
     paragraph (1), the Secretary of Veterans Affairs, in 
     collaboration with the Secretary of Defense, shall issue 
     regulations to carry out the amendments made by this section.


        RESIDENT AND NONRESIDENT HUNTING AND FISHING REGULATIONS

       Sec. 6060. State Regulation of Resident and Nonresident 
     Hunting and Fishing. (a) Short Title.--This section may be 
     cited as the ``Reaffirmation of State Regulation of Resident 
     and Nonresident Hunting and Fishing Act of 2005''.
       (b) Declaration of Policy and Construction of Congressional 
     Silence.--
       (1) In general.--It is the policy of Congress that it is in 
     the public interest for each State to continue to regulate 
     the taking for any purpose of fish and wildlife within its 
     boundaries, including by means of laws or regulations that 
     differentiate between residents and nonresidents of such 
     State with respect to the availability of licenses or permits 
     for taking of particular species of fish or wildlife, the 
     kind and numbers of fish and wildlife that may be taken, or 
     the fees charged in connection with issuance of licenses or 
     permits for hunting or fishing.
       (2) Construction of congressional silence.--Silence on the 
     part of Congress shall not be construed to impose any barrier 
     under clause 3 of Section 8 of Article I of the Constitution 
     (commonly referred to as the ``commerce clause'') to the 
     regulation of hunting or fishing by a State or Indian tribe.
       (c) Limitations.--Nothing in this section shall be 
     construed--
       (1) to limit the applicability or effect of any Federal law 
     related to the protection or management of fish or wildlife 
     or to the regulation of commerce;
       (2) to limit the authority of the United States to prohibit 
     hunting or fishing on any portion of the lands owned by the 
     United States; or
       (3) to abrogate, abridge, affect, modify, supersede or 
     alter any treaty-reserved right or other right of any Indian 
     tribe as recognized by any other means, including, but not 
     limited to, agreements with the United States, Executive 
     Orders, statutes, and judicial decrees, and by Federal law.
       (d) State Defined.--For purposes of this section, the term 
     ``State'' includes the several States, the District of 
     Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin 
     Islands, American Samoa, and the Commonwealth of the Northern 
     Mariana Islands.

                      TITLE VII--TEMPORARY WORKERS

       Sec. 7001. Short Title.
       This title may be cited as the ``Save Our Small and 
     Seasonal Businesses Act of 2005''.
       Sec. 7002. Numerical Limitations on H-2B Workers. (a) In 
     General.--Section 214(g) of the Immigration and Nationality 
     Act (8 U.S.C. 1184(g)) is amended by adding at the end the 
     following:
       ``(9)(A) Subject to subparagraphs (B) and (C), an alien 
     counted toward the numerical limitations of paragraph (1)(B) 
     during any 1 of the 3 fiscal years prior to the submission of 
     a petition for a nonimmigrant worker described in section 
     101(a)(15)(H)(ii)(b) may not be counted toward such 
     limitation for the fiscal year in which the petition is 
     approved.
       ``(B) A petition referred to in subparagraph (A) shall 
     include, with respect to an alien--
       ``(i) the full name of the alien; and
       ``(ii) a certification to the Department of Homeland 
     Security that the alien is a returning worker.
       ``(C) An H-2B visa for a returning worker shall be approved 
     only if the name of the individual on the petition is 
     confirmed by--
       ``(i) the Department of State; or
       ``(ii) if the alien is visa exempt, the Department of 
     Homeland Security.''.
       (b) Effective Date.--
       (1) In general.--The amendment in subsection (a) shall take 
     effect as if enacted on October 1, 2004, and shall expire on 
     October 1, 2006.
       (2) Implementation.--Not later than the date of enactment 
     of this Act, the Secretary of Homeland Security shall begin 
     accepting and processing petitions filed on behalf of aliens 
     described in section 101(a)(15)(H)(ii)(b), in a manner 
     consistent with this section and the amendments made by this 
     section.
       Sec. 7003. Fraud Prevention and Detection Fee. (a) 
     Imposition of Fee.--Section 214(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(c)), as amended by section 
     426(a) of division J of the Consolidated Appropriations Act, 
     2005 (Public Law 108-447), is amended by adding at the end 
     the following:
       ``(13)(A) In addition to any other fees authorized by law, 
     the Secretary of Homeland Security shall impose a fraud 
     prevention and detection fee on an employer filing a petition 
     under paragraph (1) for nonimmigrant workers described in 
     section 101(a)(15)(H)(ii)(b).
       ``(i) The amount of the fee imposed under subparagraph (A) 
     shall be $150.''.
       (b) Use of Fees.--
       (1) Fraud prevention and detection account.--Subsection (v) 
     of section 286 of the Immigration and Nationality Act (8 
     U.S.C. 1356), as added by section 426(b) of division J of the 
     Consolidated Appropriations Act, 2005 (Public Law 108-447), 
     is amended--
       (A) in paragraphs (1), (2)(A), (2)(B), (2)(C), and (2)(D) 
     by striking ``H1-B and L'' each place it appears;
       (B) in paragraph (1), as amended by subparagraph (A), by 
     striking ``section 214(c)(12)'' and inserting ``paragraph 
     (12) or (13) of section 214(c)'';
       (C) in paragraphs (2)(A)(i) and (2)(B), as amended by 
     subparagraph (A), by striking ``(H)(i)'' each place it 
     appears and inserting ``(H)(i), (H)(ii), ''; and
       (D) in paragraph (2)(D), as amended by subparagraph (A), by 
     inserting before the period at the end ``or for programs and 
     activities to prevent and detect fraud with respect to 
     petitions under paragraph (1) or (2)(A) of section 214(c) to 
     grant an alien nonimmigrant status described in section 
     101(a)(15)(H)(ii)''.
       (2) Conforming amendment.--The heading of such subsection 
     286 is amended by striking ``H1-B and L''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on October 1, 2005.
       Sec. 7004. Sanctions. (a) In General.--Section 214(c) of 
     the Immigration and Nationality Act (8 U.S.C. 1184(c)), as 
     amended by section 3, is further amended by adding at the end 
     the following:
       ``(14)(A) If the Secretary of Homeland Security finds, 
     after notice and an opportunity for a hearing, a substantial 
     failure to meet any of the conditions of the petition to 
     admit or otherwise provide status to a nonimmigrant worker 
     under section 101(a)(15)(H)(ii)(b) or a willful 
     misrepresentation of a material fact in such petition--
       ``(i) the Secretary of Homeland Security may, in addition 
     to any other remedy authorized by law, impose such 
     administrative remedies (including civil monetary penalties 
     in an amount not to exceed $10,000 per violation) as the 
     Secretary of Homeland Security determines to be appropriate; 
     and
       ``(ii) the Secretary of Homeland Security may deny 
     petitions filed with respect to that employer under section 
     204 or paragraph (1) of this subsection during a period of at 
     least 1 year but not more than 5 years for aliens to be 
     employed by the employer.
       ``(iii) The Secretary of Homeland Security may delegate to 
     the Secretary of Labor, with the agreement of the Secretary 
     of Labor, any of the authority given to the Secretary of 
     Homeland Security under subparagraph (A)(i).
       ``(iv) In determining the level of penalties to be assessed 
     under subparagraph (A), the highest penalties shall be 
     reserved for willful failures to meet any of the conditions 
     of the petition that involve harm to United States workers.
       ``(v) In this paragraph, the term `substantial failure' 
     means the willful failure to comply with the requirements of 
     this section that constitutes a significant deviation from 
     the terms and conditions of a petition.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2005.
       Sec. 7005. Allocation of H-2B Visas during a Fiscal Year. 
     Section 214(g) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)), as amended by section 7002, is further 
     amended by adding at the end the following new paragraph:
       ``(j) The numerical limitations of paragraph (1)(B) shall 
     be allocated for a fiscal year so that the total number of 
     aliens who enter the United States pursuant to a visa or 
     other provision of nonimmigrant status under section 
     101(a)(15)(H)(ii)(b) during the first 6 months of such fiscal 
     year is not more than 33,000.''.
       Sec. 7006. Submission to Congress of Information Regarding 
     H-2B Nonimmigrants.
       Section 416 of the American Competitiveness and Workforce 
     Improvement Act of 1998 (title IV of division C of Public Law 
     105-277; 8 U.S.C. 1184 note) is amended--
       (1) by striking ``Attorney General'' each place that term 
     appears and inserting ``Secretary of Homeland Security''; and
       (2) by adding at the end the following new subsection:
       ``(d) Provision of Information.--
       ``(1) Quarterly notification.--Beginning not later than 
     March 1, 2006, the Secretary of

[[Page S4215]]

     Homeland Security shall notify, on a quarterly basis, the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of House of Representatives of the number of 
     aliens who during the preceding 1-year period--
       ``(A) were issued visas or otherwise provided nonimmigrant 
     status under section 101(a)(15)(H)(ii)(b) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)); or
       ``(B) had such a visa or such status expire or be revoked 
     or otherwise terminated.
       ``(2) Annual submission.--Beginning in fiscal year 2007, 
     the Secretary of Homeland Security shall submit, on an annual 
     basis, to the Committees on the Judiciary of the House of 
     Representatives and the Senate--
       ``(A) information on the countries of origin of, 
     occupations of, and compensation paid to aliens who were 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(ii)(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) during the 
     previous fiscal year;
       ``(B) the number of aliens who had such a visa or such 
     status expire or be revoked or otherwise terminated during 
     each month of such fiscal year; and
       ``(C) the number of aliens who were provided nonimmigrant 
     status under such section during both such fiscal year and 
     the preceding fiscal year.
       ``(3) Information maintained by state.--If the Secretary of 
     Homeland Security determines that information maintained by 
     the Secretary of State is required to make a submission 
     described in paragraph (1) or (2), the Secretary of State 
     shall provide such information to the Secretary of Homeland 
     Security upon request.''.


                           RECAPTURE OF VISAS

       Sec. 7007. Section 106(d)(2)(A) of the American 
     Competitiveness in the Twenty-first Century Act of 2000 
     (Public Law 106-313; 8 U.S.C. 1153 note) is amended--
       (1) in paragraph (1), by inserting before the period at the 
     end of the second sentence ``and any such visa that is made 
     available due to the difference between the number of 
     employment-based visas that were made available in fiscal 
     year 2001, 2002, 2003, or 2004 and the number of such visas 
     that were actually used in such fiscal year shall be 
     available only to employment-based immigrants, and the 
     dependents of such immigrants, and 50 percent of such visas 
     shall be made available to those whose immigrant worker 
     petitions were approved based on schedule A, as defined in 
     section 656.5 of title 20, Code of Federal Regulations, as 
     promulgated by the Secretary of Labor''; and
       (2) in paragraph (2)(A), by striking ``and 2000'' and 
     inserting ``through 2004''.


              RECIPROCAL VISAS FOR NATIONALS OF AUSTRALIA

       Sec. 7008. (a) Section 101(a)(15)(E) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended--
       (1) by adding at the end ``or (iii) solely to perform 
     services in a specialty occupation in the United States if 
     the alien is a national of the Commonwealth of Australia and 
     with respect to whom the Secretary of Labor determines and 
     certifies to the Secretary of Homeland Security and the 
     Secretary of State that the intending employer has filed with 
     the Secretary of Labor an attestation under section 
     212(t)(1);''; and
       (2) in clause (i), by striking ``or'' after ``national;''.
       (b) Section 202 of such Act (8 U.S.C. 1152) is amended by 
     adding at the end the following new subsection:
       ``(f) Special Rule for Australia.--The total number of 
     aliens who may acquire nonimmigrant status under section 
     101(a)(15)(E)(iii) may not exceed 5000 for a fiscal year.''.
       (c) Section 214(i)(1) of such Act (8 U.S.C. 1184(i)(1)) is 
     amended by inserting ``, section 101(a)(15)(E)(iii),'' after 
     ``section 101(a)(15)(H)(i)(b)''.
       (d) Section 212(t) of such Act (8 U.S.C. 1182(t)), as added 
     by section 402(b)(2) of the United States-Chile Free Trade 
     Agreement Implementation Act (Public Law 108-77; 117 Stat. 
     941), is amended--
       (1) by inserting ``or section 101(a)(15)(E)(iii)'' after 
     ``section 101(a)(15)(H)(i)(b1)'' each place it appears;
       (2) in paragraph (3)(C)(i)(II), by striking ``or'' in the 
     third place it appears;
       (3) in paragraph (3)(C)(ii)(II), by striking ``or'' in the 
     third place it appears; and
       (4) in paragraph (3)(C)(iii)(II), by striking ``or'' in the 
     third place it appears.
       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.''.

                          ____________________