[Congressional Record (Bound Edition), Volume 151 (2005), Part 6]
[House]
[Pages 8465-8530]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     CONFERENCE REPORT ON H.R. 1268

  Mr. LEWIS of California submitted the following conference report and 
statement on the bill (H.R. 1268), making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for State driver's license 
and identification document security standards, to prevent terrorists 
from abusing the asylum laws of the United States, to unify terrorism-
related ground for inadmissibility and removal, to ensure expeditious 
construction of the San Diego border fence, and for other purposes:

                  CONFERENCE REPORT (H. Rept. 109-72)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendments of the Senate to the bill (H.R. 
     1268), ``making emergency supplemental appropriations for the 
     fiscal year ending September 30, 2005, to establish and 
     rapidly implement regulations for State driver's license and 
     identification document security standards, to prevent 
     terrorists from abusing the asylum laws of the United States, 
     to unify terrorism-related grounds for inadmissibility and 
     removal, to ensure expeditious construction of the San Diego 
     border fence, and for other purposes'', having met, after 
     full and free conference, have agreed to recommend and do 
     recommend to their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with amendment 
     as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.

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

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

                    DIVISION B--REAL ID Act of 2005

     SEC. 3. REFERENCES.

       Except as expressly provided otherwise, any reference to 
     ``this Act'' contained in any division of this Act shall be 
     treated as referring only to the provisions of that division.
DIVISION A--EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE 
             GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF, 2005
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2005, and for other purposes, namely:

                TITLE I--DEFENSE-RELATED APPROPRIATIONS

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $13,609,208,000, of which not to exceed $508,374,000 shall 
     remain available until September 30, 2006: Provided, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $535,108,000, of which not to exceed $19,928,000 shall remain 
     available until September 30, 2006: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $1,358,053,000, of which not to exceed $220,227,000 
     shall remain available until September 30, 2006: Provided, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $1,599,943,000, of which not to exceed $16,471,000 
     shall remain available until September 30, 2006: Provided, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $16,980,304,000: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                    Operation and Maintenance, Navy

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $3,030,574,000: Provided,

[[Page 8466]]

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $5,627,053,000: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $3,042,265,000, of which--
       (1) not to exceed $25,000,000 may be used for the Combatant 
     Commander Initiative Fund, to be used in support of Operation 
     Iraqi Freedom and Operation Enduring Freedom; and
       (2) up to $1,220,000,000, to remain available until 
     expended, may be used for payments to reimburse Pakistan, 
     Jordan, and other key cooperating nations, for logistical, 
     military, and other support provided, or to be provided, to 
     United States military operations, notwithstanding any other 
     provision of law: Provided, That such payments may be made in 
     such amounts as the Secretary of Defense, with the 
     concurrence of the Secretary of State, and in consultation 
     with the Director of the Office of Management and Budget, may 
     determine, in his discretion, based on documentation 
     determined by the Secretary of Defense to adequately account 
     for the support provided, and such determination is final and 
     conclusive upon the accounting officers of the United States, 
     and 15 days following notification to the appropriate 
     congressional committees: Provided further, That the 
     Secretary of Defense shall provide quarterly reports to the 
     congressional defense committees on the use of funds provided 
     in this paragraph: Provided further, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $26,354,000: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $326,850,000: Provided, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                    Afghanistan Security Forces Fund


                     (Including Transfer of Funds)

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

                       Iraq Security Forces Fund


                     (Including Transfer of Funds)

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

                              PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

       For an additional amount for ``Missile Procurement, Army'', 
     $310,250,000, to remain available until September 30, 2007: 
     Provided, That the

[[Page 8467]]

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $2,551,187,000, to remain 
     available until September 30, 2007: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $6,250,505,000, to remain available until September 30, 2007: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                       Aircraft Procurement, Navy

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

       For an additional amount for ``Procurement of Ammunition, 
     Navy and Marine Corps'', $139,635,000, to remain available 
     until September 30, 2007: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $3,283,042,000, to remain available until September 30, 2007: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $277,309,000, to remain available until September 
     30, 2007: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $2,577,560,000, to remain available until September 
     30, 2007: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $645,939,000, to remain available until September 30, 2007: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $204,051,000, to remain available 
     until September 30, 2006: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $142,500,000, to remain 
     available until September 30, 2006: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

        Research, Development, Test and Evaluation, Defense-Wide

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

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For an additional amount for ``Defense Working Capital 
     Funds'', $1,511,300,000: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                     National Defense Sealift Fund

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

                            RELATED AGENCIES

               Intelligence Community Management Account

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

         Drug Interdiction and Counter-Drug Activities, Defense


                     (Including Transfer of Funds)

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $242,000,000: Provided, 
     That these funds may be used for such activities related to 
     Afghanistan and the Central Asia area: Provided further, That 
     the Secretary of Defense may transfer the funds provided 
     herein only to appropriations for military personnel; 
     operation and maintenance; and procurement: Provided further, 
     That the funds transferred shall be merged with and be 
     available for the same purposes and for the same time period 
     as the appropriation to which transferred: Provided further, 
     That the transfer authority provided in this paragraph is in 
     addition to any other transfer authority available to the 
     Department of Defense: Provided further, That upon a 
     determination that all or part of the funds transferred from 
     this appropriation are not necessary for the purposes 
     provided herein, such amounts may be transferred back to this 
     appropriation: Provided further, That not to exceed 
     $70,000,000 of the funds provided herein may be used to 
     reimburse fully this account for obligations incurred for the 
     purposes provided under this heading prior to enactment of 
     this Act: Provided further, That the amount provided under 
     this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                    Office of the Inspector General

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

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $210,550,000 for Operation and maintenance: Provided, That 
     the amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                         MILITARY CONSTRUCTION

                      Military Construction, Army

       For an additional amount for ``Military Construction, 
     Army'', $847,191,000, to remain available until September 30, 
     2006: Provided, That notwithstanding any other provision of 
     law, such funds may be obligated or expended to carry out 
     planning and design and military construction projects not 
     otherwise authorized by law: Provided further, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

              Military Construction, Navy and Marine Corps

       For an additional amount for ``Military Construction, Navy 
     and Marine Corps'',

[[Page 8468]]

     $139,880,000, to remain available until September 30, 2006: 
     Provided, That notwithstanding any other provision of law, 
     such funds may be obligated or expended to carry out planning 
     and design and military construction projects not otherwise 
     authorized by law: Provided further, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                    Military Construction, Air Force

       For an additional amount for ``Military Construction, Air 
     Force'', $140,983,000, to remain available until September 
     30, 2006: Provided, That notwithstanding any other provision 
     of law, such funds may be obligated or expended to carry out 
     planning and design and military construction projects not 
     otherwise authorized by law: Provided further, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                     GENERAL PROVISIONS, THIS TITLE


                       Special Transfer Authority

                          (transfer of funds)

       Sec. 1001. Upon his determination that such action is 
     necessary in the national interest, the Secretary of Defense 
     may transfer between appropriations up to $3,000,000,000 of 
     the funds made available to the Department of Defense in this 
     title, except for military construction: Provided, That the 
     Secretary shall notify the Congress promptly of each transfer 
     made pursuant to this authority: Provided further, That the 
     transfer authority provided in this section is in addition to 
     any other transfer authority available to the Department of 
     Defense: Provided further, That the authority in this section 
     is subject to the same terms and conditions as the authority 
     provided in section 8005 of the Department of Defense 
     Appropriations Act, 2005, except for the fourth proviso: 
     Provided further, That the amount made available by the 
     transfer of funds in or pursuant to this section is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).


                       General Transfer Authority

                          (transfer of funds)

       Sec. 1002. Section 8005 of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 969), 
     is amended by striking ``$3,500,000,000'' and inserting in 
     lieu thereof ``$6,185,000,000'': Provided, That the amount 
     made available by the transfer of funds in or pursuant to 
     this section is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).


                        counter-drug activities

       Sec. 1003. (a) Authority To Provide Support.--Of the amount 
     appropriated by this Act under the heading, ``Drug 
     Interdiction and Counter-Drug Activities, Defense'', not to 
     exceed $34,000,000 may be made available for support for 
     counter-drug activities of the Government of Afghanistan, and 
     not to exceed $4,000,000 may be made available for support 
     for counter-drug activities of the Government of Pakistan: 
     Provided, That such support shall be in addition to support 
     provided for the counter-drug activities of said Governments 
     under any other provision of the law.
       (b) Types of Support.--(1) Except as specified in 
     subsections (b)(2) and (b)(3) of this section, the support 
     that may be provided under the authority in this section 
     shall be limited to the types of support specified in section 
     1033(c)(1) of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85, as amended by Public Law 
     106-398 and Public Law 108-136) and conditions on the 
     provision of support as contained in section 1033 shall apply 
     for fiscal year 2005.
       (2) The Secretary of Defense may transfer vehicles, 
     aircraft, and detection, interception, monitoring and testing 
     equipment to said Governments for counter-drug activities.
       (3) For the Government of Afghanistan, the Secretary of 
     Defense may also provide individual and crew-served weapons, 
     and ammunition for counter-drug security forces.


                  Extraordinary and Emergency Expenses

       Sec. 1004. The paragraph under the heading ``Operation and 
     Maintenance, Defense-Wide'' in title II of the Department of 
     Defense Appropriations Act, 2005 (Public Law 108-287; 118 
     Stat. 954), is amended in the first proviso by striking 
     ``$32,000,000'' and inserting ``$40,000,000''.


                            Advance Billing

       Sec. 1005. For fiscal year 2005, the limitation under 
     paragraph (3) of section 2208(l) of title 10, United States 
     Code, on the total amount of advance billings rendered or 
     imposed for all working capital funds of the Department of 
     Defense in a fiscal year shall be applied by substituting 
     ``$1,500,000,000'' for ``$1,000,000,000''.


                 Commander's Emergency Response Program

       Sec. 1006. Section 1201(a) of the Ronald W. Reagan National 
     Defense Authorization Act for Fiscal Year 2005 (Public Law 
     108-375; 118 Stat. 2077), as amended by section 102 of title 
     I of division J of the Consolidated Appropriations Act, 2005 
     (Public Law 108-447), is further amended by striking 
     ``$500,000,000'' in the matter preceding paragraph (1) and 
     inserting ``$854,000,000'': Provided, That from funds 
     available for the Commander's Emergency Response Program for 
     fiscal year 2005, not to exceed $10,000,000 may be used to 
     purchase weapons from any person, foreign government, 
     international organization or other entity for the purpose of 
     protecting United States forces overseas, and to dispose of 
     the weapons purchased: Provided further, That the Secretary 
     of Defense shall submit to the congressional defense 
     committees quarterly reports regarding the purchase and 
     disposal of weapons under this subsection.


                           Classified Program

       Sec. 1007. Section 8090(b) of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287), is amended by 
     striking ``$185,000,000'' and inserting ``$210,000,000''.


                  limitation on civilian compensation

       Sec. 1008. (a) During calendar year 2005 and 
     notwithstanding section 5547 of title 5, United States Code, 
     the head of an Executive agency may waive the limitation, up 
     to $200,000, established in that section for total 
     compensation, including limitations on the aggregate of basic 
     pay and premium pay payable in a calendar year, to an 
     employee who performs work while in an overseas location that 
     is in the area of responsibility of the Commander of the U.S. 
     Central Command, in support of, or related to--
       (1) a military operation, including a contingency 
     operation; or
       (2) an operation in response to a declared emergency.
       (b) To the extent that a waiver under subsection (a) 
     results in payment of additional premium pay of a type that 
     is normally creditable as basic pay for retirement or any 
     other purpose, such additional pay shall not be considered to 
     be basic pay for any purpose, nor shall it be used in 
     computing a lump-sum payment for accumulated and accrued 
     annual leave under section 5551 of title 5, United States 
     Code.
       (c) The Director of the Office of Personnel Management may 
     issue regulations to ensure appropriate consistency among 
     heads of executive agencies in the exercise of authority 
     granted by this section.


            Office of the Director of National Intelligence

       Sec. 1009. Section 1096(b) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458), is 
     amended--
       (1) by striking ``in the fiscal year after the effective 
     date of this Act'' and inserting in lieu thereof ``in the 
     fiscal years 2005 and 2006''; and
       (2) in paragraph (1) by striking ``500 new personnel 
     billets'' and inserting in lieu thereof ``the total of 500 
     new personnel positions''.


                       coalition liaison officers

       Sec. 1010. Section 1051a(e) of title 10, United States 
     Code, is amended by striking ``September 30, 2005'' and 
     inserting ``December 31, 2005''.


                       Reserve Affiliation Bonus

       Sec. 1011. Notwithstanding subsection (c) of section 308e 
     of title 37, United States Code, the maximum amount of the 
     bonus paid to a member of the Armed Forces pursuant to a 
     reserve affiliation agreement entered into under such section 
     during fiscal year 2005 shall not exceed $10,000, and the 
     Secretary of Defense and the Secretary of Homeland Security, 
     with respect to the Coast Guard, may prescribe regulations 
     under subsection (f) of such section to modify the method by 
     which bonus payments are made under reserve affiliation 
     agreements entered into during such fiscal year.


                  Servicemembers' Group Life Insurance

       Sec. 1012. (a) Increased Maximum Amount of Servicembers' 
     Group Life Insurance.--Section 1967 of title 38, United 
     States Code, is amended--
       (1) in subsection (a)(3)(A), by striking clause (i) and 
     inserting the following new clause:
       ``(i) In the case of a member--
       ``(I) $400,000 or such lesser amount as the member may 
     elect as provided in subparagraph (B);
       ``(II) in the case of a member covered by subsection (e), 
     the amount provided for or elected by the member under 
     subclause (I) plus the additional amount of insurance 
     provided for the member by subsection (e); or
       ``(III) in the case of a member covered by subsection (e) 
     who has made an election under paragraph (2)(A) not to be 
     insured under this subchapter, the amount of insurance 
     provided for the member by subsection (e).''; and
       (2) in subsection (d), by striking ``$250,000'' and 
     inserting ``$400,000''.
       (b) Increments of Decreased Amounts Electable by Members.--
     Subsection (a)(3)(B) of such section is amended by striking 
     ``member or spouse'' in the last sentence and inserting 
     ``member, be evenly divisible by $50,000 and, in the case of 
     a member's spouse''.
       (c) Additional Amount for Members Serving in Certain Areas 
     or Operations.--
       (1) Increased amount.--Section 1967 of such title is 
     further amended--
       (A) by redesignating subsection (e) as subsection (f); and
       (B) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e)(1) A member covered by this subsection is any member 
     as follows:
       ``(A) Any member who dies as a result of one or more 
     wounds, injuries, or illnesses incurred while serving in an 
     operation or area that the Secretary designates, in writing, 
     as a combat operation or a zone of combat, respectively, for 
     purposes of this subsection.
       ``(B) Any member who formerly served in an operation or 
     area so designated and whose death is determined (under 
     regulations prescribed by the Secretary of Defense) to be the 
     direct result of injury or illness incurred or aggravated 
     while so serving.
       ``(2) The additional amount of insurance under this 
     subchapter that is provided for a member by this subsection 
     is $150,000, except that in a case in which the amount 
     provided for

[[Page 8469]]

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


                             Death Gratuity

       Sec. 1013. (a) Increase in Death Gratuity.--
       (1) Amount.--Section 1478 of title 10, United States Code, 
     is amended--
       (A) in subsection (a), by inserting ``, except as provided 
     in subsections (c), (e), and (f)'' after ``$12,000'';
       (B) by redesignating subsection (c) as subsection (d); and
       (C) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) The death gratuity payable under sections 1475 
     through 1477 of this title is $100,000 in the case of a death 
     resulting from wounds, injuries, or illnesses that are--
       ``(1) incurred as described in section 1413a(e)(2) of this 
     title; or
       ``(2) incurred in an operation or area designated as a 
     combat operation or a combat zone, respectively, by the 
     Secretary of Defense under section 1967(e)(1)(A) of title 
     38.''.
       (2) Conforming amendment.--Subsection (a) of such section, 
     as amended by paragraph (1), is further amended by striking 
     ``(as adjusted under subsection (c))'' and inserting ``(as 
     adjusted under subsection (d))''.
       (b) Retroactive Payment of Death Gratuity for Deaths After 
     October 7, 2001, From Combat-Related Causes or Causes 
     Incurred in Combat Operations or Areas.--Such section is 
     further amended by adding at the end the following new 
     subsection:
       ``(e)(1) In the case of a person described in paragraph 
     (2), a death gratuity shall be payable in accordance with 
     this subsection for the death of such person that is in 
     addition to the death gratuity payable in the case of such 
     death under subsection (a).
       ``(2) This subsection applies in the case of a member of 
     the armed forces who dies before the date of the enactment of 
     this subsection as a direct result of one or more wounds, 
     injuries, or illnesses that--
       ``(A) were incurred in the theater of operations of 
     Operation Enduring Freedom or Operation Iraqi Freedom; or
       ``(B) were incurred as described in section 1413a(e)(2) of 
     this title on or after October 7, 2001.
       ``(3) The amount of additional death gratuity payable under 
     this subsection shall be $238,000, of which--
       ``(A) $150,000 shall be paid in the manner specified in 
     paragraph (4); and
       ``(B) $88,000 shall be paid in the manner specified in 
     paragraph (5).
       ``(4) A payment pursuant to paragraph (3)(A) by reason of a 
     death covered by this subsection shall be paid--
       ``(A) to a beneficiary in proportion to the share of 
     benefits applicable to such beneficiary in the payment of 
     life insurance proceeds paid on the basis of that death under 
     the Servicemembers Group Life Insurance program under 
     subchapter III of chapter 19 of title 38; or
       ``(B) in the case of a person who elected not to be insured 
     under the provisions of that subchapter, in equal shares to 
     the person or persons who would have received proceeds under 
     those provisions of law for a member who is insured under 
     that subchapter but does not designate named beneficiaries.
       ``(5) A payment pursuant to paragraph (3)(B) by reason of a 
     death covered by this subsection shall be paid equal shares 
     to the beneficiaries who were paid the death gratuity that 
     was paid with respect to that death under this section.''.
       (c) Payment of Death Gratuity for Certain Other Deaths From 
     Combat-Related Causes or Causes Incurred in Combat Operations 
     or Areas.--Such section is further amended by adding at the 
     end the following new subsection:
       ``(f)(1) In the case of a person described in paragraph 
     (2), a death gratuity shall be payable in accordance with 
     this subsection for the death of such person that is in 
     addition to the death gratuity payable in the case of such 
     death under subsection (e).
       ``(2) This subsection applies in the case of a member of 
     the armed forces who dies during the period beginning on the 
     date of the enactment of this subsection and ending on the 
     first day of the first month that begins more than 90 days 
     after such date of one or more wounds, injuries, or illnesses 
     that--
       ``(A) are incurred in the theater of operations of 
     Operation Enduring Freedom or Operation Iraqi Freedom; or
       ``(B) are incurred as described in section 1413a(e)(2) of 
     this title.
       ``(3) The amount of additional death gratuity payable under 
     this subsection shall be $150,000.
       ``(4) A payment pursuant to paragraph (3) by reason of a 
     death covered by this subsection shall be paid--
       ``(A) to a beneficiary in proportion to the share of 
     benefits applicable to such beneficiary in the payment of 
     life insurance proceeds payable on the basis of that death 
     under the Servicemembers Group Life Insurance program under 
     subchapter III of chapter 19 of title 38; or
       ``(B) in the case of a person who elected not to be insured 
     under the provisions of that subchapter, in equal shares to 
     the person or persons who receive proceeds under those 
     provisions of law for a member who is insured under that 
     subchapter but does not designate named beneficiaries.''.
       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect on the date of the 
     enactment of this Act.
       (e) Termination.--
       (1) In general.--This section and the amendment made by 
     this subsection shall terminate on September 30, 2005. 
     Effective as of October 1, 2005, the provisions of section 
     1478 of title 10, United States Code, as in effect on the 
     date before the date of the enactment of this Act shall be 
     revived.
       (2) Continuing obligation to pay.--Any amount of additional 
     death gratuity payable under section 1478 of title 10, United 
     States Code, by reason of the amendments made by subsections 
     (b) and (c) of this section that remains payable as of 
     September 30, 2005, shall, notwithstanding paragraph (1), 
     remain payable after that date until paid.

[[Page 8470]]




                 Intelligence Activities Authorization

       Sec. 1014. Funds appropriated in this title, or made 
     available by the transfer of funds in or pursuant to this 
     title, for intelligence activities are deemed to be 
     specifically authorized by the Congress for purposes of 
     section 504 of the National Security Act of 1947 (50 U.S.C. 
     414).


                   Prohibition of New Start Programs

       Sec. 1015. (a) None of the funds provided in this title may 
     be used to finance programs or activities denied by Congress 
     in fiscal year 2004 and 2005 appropriations to the Department 
     of Defense or to initiate a procurement or research, 
     development, test and evaluation new start program without 
     prior written notification to the congressional defense 
     committees.
       (b) Notwithstanding subsection (a) of this section, the 
     Department of the Army may use funds made available in this 
     Act under the heading, ``Procurement of Ammunition, Army'' to 
     procure ammunition and accessories therefor that have a 
     standard-type classification, under Army regulations 
     pertaining to the acceptability of materiel for use, and that 
     are the same as other ammunition and accessories therefor 
     that have been procured with funds made available under such 
     heading in past appropriations Acts for the Department of 
     Defense, only for 25mm high explosive rounds for M2 Bradley 
     Fighting Vehicles, 120mm multi-purpose anti-tank and obstacle 
     reduction rounds for M1 Abrams tanks, L410 aircraft 
     countermeasure flares, 81mm mortar red phosphorous smoke 
     rounds, MD73 impulse cartridge for aircraft flares, and 20mm 
     high explosive rounds for C-RAM, whose stocks have been 
     depleted and must be replenished for continuing operations of 
     the Department of the Army.


                   Chemical Weapons Demilitarization

       Sec. 1016. (a)(1) Notwithstanding section 917 of Public Law 
     97-86, as amended, of the funds appropriated or otherwise 
     made available by the Department of Defense Appropriations 
     Act, 2005 (Public Law 108-287), the Military Construction 
     Appropriations and Emergency Hurricane Supplemental 
     Appropriations Act, 2005 (Public Law 108-324), and other Acts 
     for the purpose of the destruction of the United States 
     stockpile of lethal chemical agents and munitions at Blue 
     Grass Army Depot, Kentucky, and Pueblo Chemical Depot, 
     Colorado, the unobligated balance as of the date of enactment 
     of this Act, shall remain available for obligation solely for 
     such purpose and shall be made available not later than 30 
     days after the date of the enactment of this Act to the 
     Program Manager for Assembled Chemical Weapons Alternatives 
     for activities related to such purpose at Blue Grass Army 
     Depot, Kentucky, and Pueblo Chemical Depot, Colorado.
       (2) Of the funds made available under paragraph (a)(1), not 
     less than $100,000,000 shall be obligated not later than 120 
     days after the date of the enactment of this Act.
       (b)(1) Notwithstanding section 917 of Public Law 97-86, as 
     amended, none of the funds appropriated or otherwise made 
     available by the Department of Defense Appropriations Act, 
     2005, the Military Construction Appropriations and Emergency 
     Hurricane Supplemental Appropriations Act, 2005, and other 
     Acts for the purpose of the destruction of the United States 
     stockpile of lethal chemical agents and munitions at Blue 
     Grass Army Depot, Kentucky, and Pueblo Chemical Depot, 
     Colorado, may be deobligated, transferred, or reprogrammed 
     out of the Assembled Chemical Weapons Alternatives Program.
       (2) The amount appropriated or otherwise made available by 
     the Department of Defense Appropriations Act, 2005, the 
     Military Construction Appropriations and Emergency Hurricane 
     Supplemental Appropriations Act, 2005, and other Acts for the 
     purpose of the destruction of the United States stockpile of 
     lethal chemical agents and munitions at Blue Grass Army 
     Depot, Kentucky, and Pueblo Chemical Depot, Colorado, is 
     $813,440,000.
       (c) No funds appropriated or otherwise made available to 
     the Secretary of Defense under this Act or any other Act may 
     be obligated or expended to finance directly or indirectly 
     any study related to the transportation of chemical weapons 
     across State lines.


                  Philadelphia Regional Port Authority

       Sec. 1017. Section 115 of division H of Public Law 108-199 
     is amended by striking all after ``made available'' and 
     substituting ``, notwithstanding section 2218(c)(1) of title 
     10, United States Code, for a grant to Philadelphia Regional 
     Port Authority, to be used solely for the purpose of 
     construction, by and for a Philadelphia-based company 
     established to operate high-speed, advanced-design vessels 
     for the transport of high-value, time-sensitive cargoes in 
     the foreign commerce of the United States, of a marine cargo 
     terminal and IT network for high-speed commercial vessels 
     that is capable of supporting military sealift 
     requirements.'': Provided, That of the funds provided in 
     Public Law 108-287 under the heading ``Operation and 
     Maintenance, Army'' for Woody Island and Historic Structure, 
     $1,000,000 shall be made available in the form of a grant for 
     these purposes.


                         LPD-17 COST ADJUSTMENT

                          (TRANSFER OF FUNDS)

       Sec. 1018. Upon enactment of this Act, the Secretary of 
     Defense shall make the following transfer of funds: Provided, 
     That funds so transferred shall be merged with and shall be 
     available for the same purpose and for the same time period 
     as the appropriation to which transferred: Provided further, 
     That the amounts shall be transferred between the following 
     appropriations in the amounts specified:
       From:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2005/2009'':
       LCU (X), $19,000,000;
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1996/2008'':
       LPD-17, $19,000,000:
     Provided further, That the amount made available by the 
     transfer of funds in or pursuant to this section is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).


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

       Sec. 1019. (a) No funds appropriated or otherwise made 
     available by this Act, or by prior Acts, may be obligated or 
     expended to prepare for, conduct, or implement a strategy for 
     the acquisition of the next generation destroyer (DD(X)) 
     program through a winner-take-all strategy.
       (b) Winner-take-all Strategy Defined.--In this section, the 
     term ``winner-take-all strategy'', with respect to the 
     acquisition of destroyers under the next generation destroyer 
     program, means the acquisition (including design and 
     construction) of such destroyers through a single shipyard.


                              CIVILIAN PAY

       Sec. 1020. None of the funds appropriated to the Department 
     of Defense by this Act or any other Act for fiscal year 2005 
     or any other fiscal year may be expended for any pay raise 
     granted on or after January 1, 2005 that is implemented in a 
     manner that provides a greater increase for non-career 
     employees than for career employees on the basis of their 
     status as career or non-career employees, unless specifically 
     authorized by law: Provided, That this provision shall be 
     implemented for fiscal year 2005 without regard to the 
     requirements of section 5383 of title 5, United States Code: 
     Provided further, That no employee of the Department of 
     Defense shall have his or her pay reduced for the purpose of 
     complying with the requirements of this provision.


                    INDUSTRIAL MOBILIZATION CAPACITY

       Sec. 1021. Of the amounts appropriated or otherwise made 
     available by the Department of Defense Appropriations Act, 
     2005, $12,500,000 shall be available only for industrial 
     mobilization capacity at Rock Island Arsenal.


               BASIC ALLOWANCE FOR HOUSING FOR DEPENDENTS

       Sec. 1022. (a) Section 403(l) of title 37, United States 
     Code, is amended by striking ``180 days'' each place it 
     appears and inserting ``365 days''.
       (b) Termination.--The amendment made by this section shall 
     terminate on September 30, 2005. Effective on October 1, 
     2005, the provisions of section 403(l) of title 37, United 
     States Code, as in effect on the date before the date of the 
     enactment of this Act shall be revived.


                    Prohibition on Charges for Meals

       Sec. 1023. (a) Prohibition.--A member of the Armed Forces 
     entitled to a basic allowance for subsistence under section 
     402 of title 37, United States Code, who is undergoing 
     medical recuperation or therapy, or is otherwise in the 
     status of continuous care, including outpatient care, at a 
     military treatment facility for an injury, illness, or 
     disease incurred or aggravated while on active duty in the 
     Armed Forces in Operation Iraqi Freedom or Operation Enduring 
     Freedom shall not, during any month in which so entitled, be 
     required to pay any charge for meals provided such member by 
     the military treatment facility.
       (b) Effective date.--The limitation in paragraph (a) shall 
     take effect upon enactment of this Act, and shall apply with 
     respect to meals provided members of the Armed Forces as 
     described in that paragraph on or after that date.
       (c) Termination.--The amendment made by this section shall 
     terminate on September 30, 2005. Effective on October 1, 
     2005, the provisions of section 402 of title 37, United 
     States Code, as in effect on the date before the date of the 
     enactment of this Act shall be revived.


REQUESTS FOR FUTURE FUNDING FOR MILITARY OPERATIONS IN AFGHANISTAN AND 
                                  IRAQ

       Sec. 1024. (a) Findings.--The Senate makes the following 
     findings:
       (1) The Department of Defense Appropriations Act, 2004 
     (Public Law 108-87) and the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287) each contain a 
     sense of the Senate provision urging the President to provide 
     in the annual budget requests of the President for a fiscal 
     year under section 1105(a) of title 31, United States Code, 
     an estimate of the cost of ongoing military operations in 
     Iraq and Afghanistan in such fiscal year.
       (2) The budget for fiscal year 2006 submitted to Congress 
     by the President on February 7, 2005, requests no funds for 
     fiscal year 2006 for ongoing military operations in Iraq or 
     Afghanistan.
       (3) According to the Congressional Research Service, there 
     exists historical precedent for including the cost of ongoing 
     military operations in the annual budget requests of the 
     President following initial funding for such operations by 
     emergency or supplemental appropriations Acts, including--
       (A) funds for Operation Noble Eagle, beginning in the 
     budget request of President George W. Bush for fiscal year 
     2005;
       (B) funds for operations in Kosovo, beginning in the budget 
     request of President George W. Bush for fiscal year 2001;
       (C) funds for operations in Bosnia, beginning in budget 
     request of President Clinton for fiscal year 1997;
       (D) funds for operations in Southwest Asia, beginning in 
     the budget request of President Clinton for fiscal year 1997;

[[Page 8471]]

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


                     AIRCRAFT CARRIERS OF THE NAVY

       Sec. 1025. (a) Funding for Repair and Maintenance of U.S.S. 
     John F. Kennedy.--Of the amount appropriated to the 
     Department of the Navy in this Act, necessary funding will be 
     made available for such repair and maintenance of the U.S.S. 
     John F. Kennedy as the Navy considers appropriate to extend 
     the life of U.S.S. John F. Kennedy.
       (b) Limitation on Reduction in Number of Active Aircraft 
     Carriers.--No funds appropriated or otherwise made available 
     in this Act may be obligated or expended to reduce the number 
     of active aircraft carriers of the Navy below 12 active 
     aircraft carriers until after the date of the submittal to 
     Congress of the quadrennial defense review required in 2005 
     under section 118 of title 10, United States Code.
       (c) Active Aircraft Carriers.--For purposes of this 
     section, an active aircraft carrier of the Navy includes an 
     aircraft carrier that is temporarily unavailable for 
     worldwide deployment due to routing or scheduled maintenance.
       (d) Pacific Fleet Authorities.--None of the funds available 
     to the Department of the Navy may be obligated to modify 
     command and control relationships to give Fleet Forces 
     Command administrative and operational control of U.S. Navy 
     forces assigned to the Pacific fleet: Provided, That the 
     command and control relationships which existed on October 1, 
     2004 shall remain in force unless changes are specifically 
     authorized in a subsequent act.


            TRAVEL FOR FAMILY OF HOSPITALIZED SERVICEMEMBERS

       Sec. 1026. (a) Authority.--Subsection (a) of section 411h 
     of title 37, United States Code, is amended--
       (1) in paragraph (2)--
       (A) by inserting ``and'' at the end of subparagraph (A); 
     and
       (B) by striking subparagraphs (B) and (C) and inserting the 
     following new subparagraph:
       ``(B) either--
       ``(i) is seriously ill, seriously injured, or in a 
     situation of imminent death (whether or not electrical brain 
     activity still exists or brain death is declared), and is 
     hospitalized in a medical facility in or outside the United 
     States; or
       ``(ii) is not described in clause (i), but has an injury 
     incurred in an operation or area designated as a combat 
     operation or combat zone, respectively, by the Secretary of 
     Defense under section 1967(e)(1)(A) of title 38 and is 
     hospitalized in a medical facility in the United States for 
     treatment of that injury.''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Not more than one roundtrip may be provided to a 
     family member under paragraph (1) on the basis of clause (ii) 
     of paragraph (2)(B).''.
       (b) Conforming Amendments.--
       (1) Heading for amended section.--The heading for section 
     411h of such title is amended to read as follows:

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

       (2) Clerical amendment.--The item relating to such section 
     in the table of sections at the beginning of chapter 7 of 
     such title is amended to read as follows:
``411h. Travel and transportation allowances: transportation of family 
              members incident to illness or injury of members.''.

       (c) Funding.--Funds for the provision of travel in fiscal 
     year 2005 under section 411h of title 37, United States Code, 
     by reason of the amendments made by this section shall be 
     derived as follows:
       (1) In the case of travel provided by the Department of the 
     Army, from amounts appropriated for fiscal year 2005 by this 
     Act and the Department of Defense Appropriations Act, 2005 
     (Public Law 108-287) for the Operation and Maintenance, Army 
     account.
       (2) In the case of travel provided by the Department of the 
     Navy, from amounts appropriated for fiscal year 2005 by the 
     Acts referred to in paragraph (1) for the Operation and 
     Maintenance, Navy account.
       (3) In the case of travel provided by the Department of the 
     Air Force, from amounts appropriated for fiscal year 2005 by 
     the Acts referred to in paragraph (1) for the Operation and 
     Maintenance, Air Force account.
       (d) Report on Travel in Excess of Certain Limit.--If in any 
     fiscal year the amount of travel provided in such fiscal year 
     under section 411h of title 37, United States Code, by reason 
     of the amendments made by this section exceeds $20,000,000, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report on that fact, including the total 
     amount of travel provided in such fiscal year under such 
     section 411h by reason of the amendments made by this 
     section.
       (e) Termination.--The amendment made by this section shall 
     terminate on September 30, 2005. Effective on October 1, 
     2005, the provisions of section 411h of title 37, United 
     States Code, as in effect on the date before the date of the 
     enactment of this Act shall be revived.


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

       Sec. 1027. No funds in this Act may be obligated or 
     expended to terminate the joint service multiyear procurement 
     contract for C/KC-130J aircraft that is in effect on the date 
     of the enactment of this Act.


                       purple heart commendations

       Sec. 1028. None of the funds in this Act or prior Acts may 
     be used to revoke Purple Heart commendations awarded to 
     members of the Armed Forces who have served in Operation 
     Iraqi Freedom or Operation Enduring Freedom: Provided, That 
     the Secretary of any military department may, on a case-by-
     case basis, waive this provision fifteen days after notifying 
     the congressional defense committees of their intent to 
     revoke an individual's Purple Heart commendation.


             VIRTUAL TRAINING COCKPIT OPTIMIZATION PROGRAM

                          (TRANSFER OF FUNDS)

       Sec. 1029. Upon enactment of this Act, the Secretary of 
     Defense shall make the following transfer of funds: Provided, 
     That funds so transferred shall be merged with and shall be 
     available for the same purpose and for the same time period 
     as the appropriation to which transferred: Provided further, 
     That the authority provided in this section is in addition to 
     any other transfer authority available to the Department of 
     Defense: Provided further, That the amounts shall be 
     transferred between the following appropriations in the 
     amounts specified:
       From:
       Under the heading, ``Aircraft Procurement, Army, 2004/
     2006'', $2,000,000;
       To:
       Under the heading, ``Research, Development, Test and 
     Evaluation, Army, 2004/2005'', $2,000,000:
     Provided further, That these funds may only be used for the 
     Virtual Training Cockpit Optimization Program: Provided 
     further, That the amount made available by the transfer of 
     funds in or pursuant to this section is designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).


            transfer of funds for force protection programs

                          (Transfer of Funds)

       Sec. 1030. Notwithstanding any other provision of law, upon 
     enactment of this Act, the Secretary of Defense shall make 
     the following transfers of funds previously made available in 
     the Department of Defense Appropriations Act, 2005 (Public 
     Law 108-287): Provided, That the amounts transferred shall be 
     made available for the same purpose and the same time period 
     as the appropriation to which transferred: Provided further, 
     That the authority provided in this section is in addition to 
     any other transfer authority available to the Department of 
     Defense: Provided further, That the amounts shall be 
     transferred between the following appropriations, in the 
     amounts specified:
       To:

[[Page 8472]]

       Under the heading, ``Research, Development, Test and 
     Evaluation, Air Force, 2005/2006'', $500,000;
       From:
       Under the heading, ``Other Procurement, Air Force'', 
     $500,000.
       To:
       Under the heading, ``Other Procurement, Air Force, 2005/
     2007'', $8,200,000;
       From:
       Under the heading, ``Other Procurement, Navy, 2005/2007'', 
     $8,200,000:
     Provided further, That the amounts made available by the 
     transfer of funds in or pursuant to this section are 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).


   PROHIBITION ON TORTURE AND CRUEL, INHUMAN, OR DEGRADING TREATMENT

       Sec. 1031. (a)(1) None of the funds appropriated or 
     otherwise made available by this Act shall be obligated or 
     expended to subject any person in the custody or under the 
     physical control of the United States to torture or cruel, 
     inhuman, or degrading treatment or punishment that is 
     prohibited by the Constitution, laws, or treaties of the 
     United States.
       (2) Nothing in this section shall affect the status of any 
     person under the Geneva Conventions or whether any person is 
     entitled to the protections of the Geneva Conventions.
       (b) As used in this section--
       (1) the term ``torture'' has the meaning given that term in 
     section 2340(1) of title 18, United States Code; and
       (2) the term ``cruel, inhuman, or degrading treatment or 
     punishment'' means the cruel, unusual, and inhumane treatment 
     or punishment prohibited by the fifth amendment, eighth 
     amendment, or fourteenth amendment to the Constitution of the 
     United States.


                      TRAUMATIC INJURY PROTECTION

       Sec. 1032. Traumatic Injury Protection. (a) In General.--
     Subchapter III of chapter 19, Title 38, United States Code, 
     is amended--
       (1) in section 1965, by adding at the end the following:
       ``(11) The term `activities of daily living' means the 
     inability to independently perform 2 of the 6 following 
     functions:
       ``(A) Bathing.
       ``(B) Continence.
       ``(C) Dressing.
       ``(D) Eating.
       ``(E) Toileting.
       ``(F) Transferring.''; and
       (2) by adding at the end the following:

     ``Sec. 1980A. Traumatic injury protection

       ``(a) A member who is insured under subparagraph (A)(i), 
     (B), or (C)(i) of section 1967(a)(1) shall automatically be 
     issued a traumatic injury protection rider that will provide 
     for a payment not to exceed $100,000 if the member, while so 
     insured, sustains a traumatic injury that results in a loss 
     described in subsection (b)(1). The maximum amount payable 
     for all injuries resulting from the same traumatic event 
     shall be limited to $100,000. If a member suffers more than 1 
     such loss as a result of traumatic injury, payment will be 
     made in accordance with the schedule in subsection (d) for 
     the single loss providing the highest payment.
       ``(b)(1) A member who is issued a traumatic injury 
     protection rider under subsection (a) is insured against such 
     traumatic injuries, as prescribed by the Secretary, in 
     collaboration with the Secretary of Defense, including, but 
     not limited to--
       ``(A) total and permanent loss of sight;
       ``(B) loss of a hand or foot by severance at or above the 
     wrist or ankle;
       ``(C) total and permanent loss of speech;
       ``(D) total and permanent loss of hearing in both ears;
       ``(E) loss of thumb and index finger of the same hand by 
     severance at or above the metacarpophalangeal joints;
       ``(F) quadriplegia, paraplegia, or hemiplegia;
       ``(G) burns greater than second degree, covering 30 percent 
     of the body or 30 percent of the face; and
       ``(H) coma or the inability to carry out the activities of 
     daily living resulting from traumatic injury to the brain.
       ``(2) For purposes of this subsection--
       ``(A) the term `quadriplegia' means the complete and 
     irreversible paralysis of all 4 limbs;
       ``(B) the term `paraplegia' means the complete and 
     irreversible paralysis of both lower limbs; and
       ``(C) the term `hemiplegia' means the complete and 
     irreversible paralysis of the upper and lower limbs on 1 side 
     of the body.
       ``(3) The Secretary, in collaboration with the Secretary of 
     Defense, shall prescribe, by regulation, the conditions under 
     which coverage against loss will not be provided.
       ``(c) A payment under this section may be made only if--
       ``(1) the member is insured under Servicemembers' Group 
     Life Insurance when the traumatic injury is sustained;
       ``(2) the loss results directly from that traumatic injury 
     and from no other cause; and
       ``(3) the member suffers the loss before the end of the 
     period prescribed by the Secretary, in collaboration with the 
     Secretary of Defense, which begins on the date on which the 
     member sustains the traumatic injury, except, if the loss is 
     quadriplegia, paraplegia, or hemiplegia, the member suffers 
     the loss not later than 365 days after sustaining the 
     traumatic injury.
       ``(d) Payments under this section for losses described in 
     subsection (b)(1) shall be--
       ``(1) made in accordance with a schedule prescribed by the 
     Secretary, in collaboration with the Secretary of Defense;
       ``(2) based on the severity of the covered condition; and
       ``(3) in an amount that is equal to not less than $25,000 
     and not more than $100,000.
       ``(e)(1) During any period in which a member is insured 
     under this section and the member is on active duty, there 
     shall be deducted each month from the member's basic or other 
     pay until separation or release from active duty an amount 
     determined by the Secretary of Veterans Affairs as the 
     premium allocable to the pay period for providing traumatic 
     injury protection under this section (which shall be the same 
     for all such members) as the share of the cost attributable 
     to provided coverage under this section, less any costs 
     traceable to the extra hazards of such duty in the uniformed 
     services.
       ``(2) During any month in which a member is assigned to the 
     Ready Reserve of a uniformed service under conditions which 
     meet the qualifications set forth in section 1965(5)(B) of 
     this title and is insured under a policy of insurance 
     purchased by the Secretary of Veterans Affairs under section 
     1966 of this title, there shall be contributed from the 
     appropriation made for active duty pay of the uniformed 
     service concerned an amount determined by the Secretary of 
     Veterans Affairs (which shall be the same for all such 
     members) as the share of the cost attributable to provided 
     coverage under this section, less any costs traceable to the 
     extra hazards of such duty in the uniformed services. Any 
     amounts so contributed on behalf of any member shall be 
     collected by the Secretary of the concerned service from such 
     member (by deduction from pay or otherwise) and shall be 
     credited to the appropriation from which such contribution 
     was made in advance on a monthly basis.
       ``(3) The Secretary of Veterans Affairs shall determine the 
     premium amounts to be charged for traumatic injury protection 
     coverage provided under this section.
       ``(4) The premium amounts shall be determined on the basis 
     of sound actuarial principles and shall include an amount 
     necessary to cover the administrative costs to the insurer or 
     insurers providing such insurance.
       ``(5) Each premium rate for the first policy year shall be 
     continued for subsequent policy years, except that the rate 
     may be adjusted for any such subsequent policy year on the 
     basis of the experience under the policy, as determined by 
     the Secretary of Veterans Affairs in advance of that policy 
     year.
       ``(6) The cost attributable to insuring such member under 
     this section, less the premiums deducted from the pay of the 
     member's uniformed service, shall be paid by the Secretary of 
     Defense to the Secretary of Veterans Affairs. This amount 
     shall be paid on a monthly basis, and shall be due within 10 
     days of the notice provided by the Secretary of Veterans 
     Affairs to the Secretary of the concerned uniformed service.
       ``(7) The Secretary of Defense shall provide the amount of 
     appropriations required to pay expected claims in a policy 
     year, as determined according to sound actuarial principles 
     by the Secretary of Veterans Affairs.
       ``(8) The Secretary of Defense shall forward an amount to 
     the Secretary of Veterans Affairs that is equivalent to half 
     the anticipated cost of claims for the current fiscal year, 
     upon the effective date of this legislation.
       ``(f) The Secretary of Defense shall certify whether any 
     member claiming the benefit under this section is eligible.
       ``(g) Payment for a loss resulting from traumatic injury 
     will not be made if the member dies before the end of the 
     period prescribed by the Secretary, in collaboration with the 
     Secretary of Defense, which begins on the date on which the 
     member sustains the injury. If the member dies before payment 
     to the member can be made, the payment will be made according 
     to the member's most current beneficiary designation under 
     Servicemembers' Group Life Insurance, or a by law 
     designation, if applicable.
       ``(h) Coverage for loss resulting from traumatic injury 
     provided under this section shall cease at midnight on the 
     date of the member's separation from the uniformed service. 
     Payment will not be made for any loss resulting from injury 
     incurred after the date a member is separated from the 
     uniformed services.
       ``(i) Insurance coverage provided under this section is not 
     convertible to Veterans' Group Life Insurance.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     19 of title 38, United States Code, is amended by adding 
     after the item relating to section 1980 the following:
``1980A. Traumatic injury protection.''.
       (c) Retroactive Provision.--
       (1) In general.--Any member who experienced a traumatic 
     injury (as described in section 1980A(b)(1) of title 38, 
     United States Code) between October 7, 2001, and the 
     effective date under subsection (d), is eligible for coverage 
     provided in such section 1980A if the qualifying loss was a 
     direct result of injuries incurred in Operation Enduring 
     Freedom or Operation Iraqi Freedom.
       (2) Certification; payment.--The Secretary of Defense 
     shall--
       (A) certify to the Office of Servicemembers' Group Life 
     Insurance the names and addresses of those members the 
     Secretary of Defense determines to be eligible for 
     retroactive traumatic injury benefits under such section 
     1980A; and
       (B) forward to the Secretary of Veterans Affairs, at the 
     time the certification is made under subparagraph (A), an 
     amount of money equal to the amount the Secretary of Defense 
     determines to be necessary to pay all cost related to claims

[[Page 8473]]

     for retroactive benefits under such section 1980A.
       (d) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on the first day of the first month beginning 
     more than 180 days after the date of enactment of this Act.
       (2) Rulemaking.--Before the effective date described in 
     paragraph (1), the Secretary of Veterans Affairs, in 
     collaboration with the Secretary of Defense, shall issue 
     regulations to carry out the amendments made by this section.


        amounts from prior year iraq freedom fund appropriation

                         (rescission of funds)

       Sec. 1033. Of the funds appropriated in title IX of Public 
     Law 108-287 for ``Iraq Freedom Fund'' (118 Stat. 1005) that 
     remain available for obligation, $50,000,000 is hereby 
     rescinded.


                          TECHNICAL CORRECTION

       Sec. 1034. Of the funds available in the Department of 
     Defense Appropriations Act, 2005, (Public Law 108-287), under 
     the heading ``Defense Health Program'', $1,000,000 shall be 
     available to the Paralyzed Veterans of America (PVA) Outdoor 
     Sports Heritage Fund.


                       Defense Transfer Authority

       Sec. 1035. In addition to amounts appropriated elsewhere in 
     this Act, there is hereby appropriated $50,000,000 for 
     ``Research, Development, Test and Evaluation, Defense-Wide'', 
     to remain available until September 30, 2006: Provided, That 
     these funds are available for transfer to any other 
     appropriations accounts of the Department of Defense, for 
     certain classified activities, and notwithstanding any other 
     provision of law and of this Act, such funds may be obligated 
     to carry out projects not otherwise authorized by law: 
     Provided further, That any funds transferred shall be merged 
     with and shall be merged with and shall be available for the 
     same purposes and for the same time period as the 
     appropriation to which transferred: Provided further, That 
     the transfer authority provided in this section is in 
     addition to any other transfer authority available to the 
     Department of Defense: Provided further, That the amount 
     provided in this section is designated an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).


 re-use and redevelopment of closed or realigned military installations

       Sec. 1036. (a) In order to assist communities with 
     preparations for the results of the 2005 round of defense 
     base closure and realignment, and consistent with assistance 
     provided to communities by the Department of Defense in 
     previous rounds of base closure and realignment, the 
     Secretary of Defense shall, not later than July 15, 2005, 
     submit to the congressional defense committees a report on 
     the processes and policies of the Federal Government for 
     disposal of property at military installations proposed to be 
     closed or realigned as part of the 2005 round of base closure 
     and realignment, and the assistance available to affected 
     local communities for re-use and redevelopment decisions.
       (b) The report under subsection (a) shall include--
       (1) a description of the processes of the Federal 
     Government for disposal of property at military installations 
     proposed to be closed or realigned;
       (2) a description of Federal Government policies for 
     providing re-use and redevelopment assistance;
       (3) a catalogue of community assistance programs that are 
     provided by the Federal Government related to the re-use and 
     redevelopment of closed or realigned military installations;
       (4) a description of the services, policies, and resources 
     of the Department of Defense that are available to assist 
     communities affected by the closing or realignment of 
     military installations as a result of the 2005 round of base 
     closure and realignment;
       (5) guidance to local communities on the establishment of 
     local redevelopment authorities and the implementation of a 
     base redevelopment plan; and
       (6) a description of the policies and responsibilities of 
     the Department of Defense related to environmental clean-up 
     and restoration of property disposed by the Federal 
     Government.


                        CAMP JOSEPH T. ROBINSON

       Sec. 1037. The United States releases to the State of 
     Arkansas the reversionary interest described in sections 2 
     and 3 of the Act entitled ``An Act authorizing the transfer 
     of part of Camp Joseph T. Robinson to the State of 
     Arkansas'', approved June 30, 1950 (64 Stat. 311, chapter 
     429), in and to the surface estate of the land constituting 
     Camp Joseph T. Robinson, Arkansas, which lies east of the 
     Batesville Pike county road, in sections 24, 25, and 36, 
     township 3 north, range 12 west, Pulaski County, Arkansas.

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

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service


                     Public Law 480 Title II Grants

       For additional expenses during the current fiscal year, not 
     otherwise recoverable, and unrecovered prior years' costs, 
     including interest thereon, under the Agricultural Trade 
     Development and Assistance Act of 1954, for commodities 
     supplied in connection with dispositions abroad under title 
     II of said Act, $240,000,000 to remain available until 
     expended: Provided, That from this amount, to the maximum 
     extent possible, funding shall be restored to the previously 
     approved fiscal year 2005 programs under section 204(a)(2) of 
     the Agricultural Trade Development and Assistance Act of 
     1954: Provided further, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                               CHAPTER 2

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    Diplomatic and Consular Programs

       For an additional amount for ``Diplomatic and Consular 
     Programs'', $734,000,000, to remain available until September 
     30, 2006, of which $10,000,000 is provided for security 
     requirements in the detection of explosives: Provided, That 
     of the funds appropriated under this heading, not less than 
     $250,000 shall be made available for programs to assist Iraqi 
     and Afghan scholars who are in physical danger to travel to 
     the United States to engage in research or other scholarly 
     activities at American institutions of higher education: 
     Provided further, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).


            Embassy Security, Construction, and Maintenance

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

                      INTERNATIONAL ORGANIZATIONS

        Contributions for International Peacekeeping Activities


                     (including transfer of funds)

       For an additional amount for ``Contributions for 
     International Peacekeeping Activities'', $680,000,000, to 
     remain available until September 30, 2006: Provided, That of 
     the funds appropriated under this heading, up to $50,000,000 
     may be transferred to ``Peacekeeping Operations'' for support 
     of the efforts of the African Union to halt genocide and 
     other atrocities in Darfur, Sudan: Provided further, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                             RELATED AGENCY

                    BROADCASTING BOARD OF GOVERNORS

                 International Broadcasting Operations

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

                   Broadcasting Capital Improvements

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

                     BILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

              International Disaster and Famine Assistance

       For an additional amount for ``International Disaster and 
     Famine Assistance'', $90,000,000, to remain available until 
     expended, for emergency expenses related to the humanitarian 
     crisis in the Darfur region of Sudan and other African 
     countries: Provided, That these funds may be used to 
     reimburse fully accounts administered by the United States 
     Agency for International Development for obligations incurred 
     for the purposes provided under this heading prior to 
     enactment of this Act from funds appropriated for foreign 
     operations, export financing, and related programs: Provided 
     further, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

   Operating Expenses of the United States Agency for International 
                              Development

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

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

       For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development Office of 
     Inspector General'', $2,500,000, to remain available until 
     September 30, 2006: Provided, That the amount provided under 
     this heading is designated as an

[[Page 8474]]

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

                  OTHER BILATERAL ECONOMIC ASSISTANCE

                         Economic Support Fund


                     (Including transfer of funds)

       For an additional amount for ``Economic Support Fund'', 
     $1,433,600,000, to remain available until September 30, 2006: 
     Provided, That of the funds appropriated under this heading, 
     $200,000,000 should be made available for programs, 
     activities, and efforts to support Palestinians, of which 
     $50,000,000 should be made available for assistance for 
     Israel to help ease the movement of Palestinian people and 
     goods in and out of Israel: Provided further, That of the 
     funds appropriated under this heading, $5,000,000 should be 
     made available for assistance for displaced persons in 
     Afghanistan: Provided further, That of the funds appropriated 
     under this heading, $2,500,000 should be made available for 
     assistance for families and communities of Afghan civilians 
     who have suffered losses as a result of the military 
     operations: Provided further, That of the funds appropriated 
     under this heading, $20,000,000 should be made available for 
     assistance for Haiti, of which $2,500,000 should be made 
     available for criminal case management, case tracking, and 
     the reduction of pre-trial detention in Haiti, 
     notwithstanding any other provision of law: Provided further, 
     That of the funds appropriated under this heading, $5,000,000 
     should be made available for programs and activities to 
     promote democracy, including political party development, in 
     Lebanon: Provided further, That of the funds appropriated 
     under this heading, up to $10,000,000 may be transferred to 
     the Overseas Private Investment Corporation for the cost of 
     direct and guaranteed loans as authorized by section 234 of 
     the Foreign Assistance Act of 1961: Provided further, That 
     such costs, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974: Provided further, That the 
     amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

    Assistance for the Independent States of the Former Soviet Union

       For an additional amount for ``Assistance for the 
     Independent States of the Former Soviet Union'', $70,000,000, 
     to remain available until September 30, 2006: Provided, That 
     the amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).

                          DEPARTMENT OF STATE

          International Narcotics Control and Law Enforcement

       For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $620,000,000, to remain 
     available until September 30, 2007: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                    Migration and Refugee Assistance

       For an additional amount for ``Migration and Refugee 
     Assistance'', $120,400,000, to remain available until 
     September 30, 2006: Provided, That of the funds appropriated 
     under this heading, not less than $67,000,000 shall be made 
     available for assistance for refugees in Africa and to 
     fulfill refugee protection goals set by the President for 
     fiscal year 2005: Provided further, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

    Nonproliferation, Anti-Terrorism, Demining and Related Programs

       For an additional amount for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'', $24,600,000, to 
     remain available until September 30, 2006, of which not to 
     exceed $7,500,000, to remain available until expended, may be 
     made available for the Nonproliferation and Disarmament Fund, 
     notwithstanding any other provision of law, to promote 
     bilateral and multilateral activities relating to 
     nonproliferation and disarmament: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                          MILITARY ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

                   Foreign Military Financing Program

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

                        Peacekeeping Operations

       For an additional amount for ``Peacekeeping Operations'', 
     $240,000,000, to remain available until September 30, 2006, 
     of which up to $200,000,000 is for military and other 
     security assistance to coalition partners in Iraq and 
     Afghanistan: Provided, That up to $30,000,000 may be used 
     only pursuant to a determination by the President, and after 
     consultation with the Committees on Appropriations, that such 
     use will support the global war on terrorism: Provided 
     further, That these funds may be transferred by the Secretary 
     of State to other Federal agencies or accounts to support the 
     global war on terrorism: Provided further, That funds 
     appropriated under this heading shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations, except that such notifications shall be 
     submitted no less than five days prior to the obligation of 
     funds: Provided further, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                    GENERAL PROVISIONS, THIS CHAPTER


                         Voluntary Contribution

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


                         (Rescission of Funds)

       Sec. 2102. The unexpended balance appropriated by Public 
     Law 108-11 under the heading ``Economic Support Fund'' and 
     made available for Turkey is rescinded.


                           audit requirement

       Sec. 2103. Section 559 of division D of Public Law 108-447 
     is amended by adding at the end the following:
       ``(e) Subsequent to the certification specified in 
     subsection (a), the Comptroller General of the United States 
     shall conduct an audit and an investigation of the treatment, 
     handling, and uses of all funds for the bilateral West Bank 
     and Gaza Program in fiscal year 2005 under the heading 
     `Economic Support Fund'. The audit shall address--
       ``(1) the extent to which such Program complies with the 
     requirements of subsections (b) and (c), and
       ``(2) an examination of all programs, projects, and 
     activities carried out under such Program, including both 
     obligations and expenditures.''.


                         reporting requirement

       Sec. 2104. The Secretary of State shall submit to the 
     Committees on Appropriations not later than 30 days after 
     enactment, and prior to the initial obligation of funds 
     appropriated under this chapter, a report on the proposed 
     uses of all funds on a project-by-project basis, for which 
     the obligation of funds is anticipated: Provided, That up to 
     15 percent of funds appropriated under this chapter may be 
     obligated before the submission of the report subject to the 
     normal notification procedures of the Committees on 
     Appropriations: Provided further, That the report shall be 
     updated and submitted to the Committees on Appropriations 
     every six months and shall include information detailing how 
     the estimates and assumptions contained in previous reports 
     have changed: Provided further, That any new projects and 
     increases in funding of ongoing projects shall be subject to 
     the prior approval of the Committees on Appropriations: 
     Provided further, That the Secretary of State shall submit to 
     the Committees on Appropriations, not later than 210 days 
     following enactment of this Act and annually thereafter, a 
     report detailing on a project-by-project basis the 
     expenditure of funds appropriated under this chapter until 
     all funds have been fully expended.


                           audit requirement

       Sec. 2105. The Comptroller General of the United States 
     shall conduct an audit of the use of all funds for the 
     bilateral Afghanistan counternarcotics and alternative 
     livelihood programs in fiscal year 2005 under the heading 
     ``Economic Support Fund'' and ``International Narcotics 
     Control and Law Enforcement'': Provided, That the audit shall 
     include an examination of all programs, projects and 
     activities carried out under such programs, including both 
     obligations and expenditures.


                         Reporting Requirement

       Sec. 2106. Not later than 60 days after the date of 
     enactment of this Act, the President shall submit a report to 
     the Congress detailing: (1) information regarding the 
     Palestinian security services, including their numbers, 
     accountability, and chains of command, and steps taken to 
     purge from their ranks individuals with ties to terrorist 
     entities; (2) specific steps taken by the Palestinian 
     Authority to dismantle the terrorist infrastructure, 
     confiscate unauthorized weapons, arrest and bring terrorists 
     to justice, destroy unauthorized arms factories, thwart and 
     preempt terrorist attacks, and cooperate with Israel's 
     security services; (3) specific actions taken by the 
     Palestinian Authority to stop incitement in Palestinian 
     Authority-controlled electronic and print media and in 
     schools, mosques, and other institutions it controls, and to 
     promote peace and coexistence with Israel; (4) specific steps 
     the Palestinian Authority has taken to further democracy, the 
     rule of law, and an independent judiciary, and transparent 
     and accountable governance; (5) the Palestinian Authority's 
     cooperation with United States officials in investigations 
     into the late Palestinian leader Yasser Arafat's finances; 
     and (6) the amount of assistance pledged and actually 
     provided to the Palestinian Authority by other donors: 
     Provided, That not later than 180 days after enactment of 
     this Act, the President shall submit to the Congress an 
     update of this report: Provided further, That up to 
     $5,000,000 of the funds made available for assistance for the 
     West Bank and Gaza by this chapter under ``Economic Support 
     Fund'' shall be used for an outside, independent evaluation 
     by an internationally recognized accounting firm of the 
     transparency and accountability of Palestinian Authority 
     accounting procedures and an audit of expenditures by the 
     Palestinian Authority.

[[Page 8475]]




                        reprogramming authority

       Sec. 2107. The amounts set forth in the eighth proviso in 
     the Diplomatic and Consular Programs appropriation in the 
     fiscal year 2005 Departments of Commerce, Justice, State, the 
     Judiciary, and Related Agencies Appropriations Act (Public 
     Law 108-447, division B) may be subject to reprogramming 
     pursuant to section 605 of that Act.


                  MARLA RUZICKA IRAQI WAR VICTIMS FUND

       Sec. 2108. Of the funds appropriated by chapter 2 of title 
     II of Public Law 108-106 under the heading ``Iraq Relief and 
     Reconstruction Fund'', not less than $20,000,000 should be 
     made available for assistance for families and communities of 
     Iraqi civilians who have suffered losses as a result of the 
     military operations: Provided, That such assistance shall be 
     designated as the ``Marla Ruzicka Iraqi War Victims Fund''.


                          CANDIDATE COUNTRIES

       Sec. 2109. Section 616(b)(1) of the Millennium Challenge 
     Act of 2003 (Public Law 108-199) is amended--
       (1) by striking ``subparagraphs (A) and (B) of section 
     606(a)(1)''; and
       (2) inserting in lieu thereof ``subsection (a) or (b) of 
     section 606''.


                HUMANITARIAN ASSISTANCE CODE OF CONDUCT

       Sec. 2110. (a) None of the funds made available for foreign 
     operations, export financing, and related programs under the 
     headings ``Migration and Refugee Assistance'', ``United 
     States Emergency Refugee and Migration Assistance Fund'', 
     ``International Disaster and Famine Assistance'', or 
     ``Transition Initiatives'' may be obligated to an 
     organization that fails to adopt a code of conduct that 
     provides for the protection of beneficiaries of assistance 
     under any such heading from sexual exploitation and abuse in 
     humanitarian relief operations.
       (b) The code of conduct referred to in subsection (a) 
     shall, to the maximum extent practicable, be consistent with 
     the six core principles of the United Nations Inter-Agency 
     Standing Committee Task Force on Protection From Sexual 
     Exploitation and Abuse in Humanitarian Crises.
       (c) Not later than 180 days after the date of the enactment 
     of this Act, and not later than one year after the date of 
     the enactment of this Act, the President shall transmit to 
     the appropriate congressional committees a report on the 
     implementation of this section.
       (d) This section shall take effect 60 days after the date 
     of the enactment of this Act and shall apply to funds 
     obligated after such date for fiscal year 2005 and any 
     subsequent fiscal year.


                      JOINT EXPLANATORY STATEMENT

       Sec. 2111. (a) Funds provided in this Act for the following 
     accounts shall be made available for programs and countries 
     in the amounts contained in the joint explanatory statement 
     of managers accompanying this Act:
       ``Economic Support Fund''; and,
       ``Assistance for the Independent States of the Former 
     Soviet Union''.
       (b) Any proposed increases or decreases to the amounts 
     contained in such tables in the joint explanatory statement 
     of managers shall be subject to the regular notification 
     procedures of the Committees on Appropriations and section 
     634A of the Foreign Assistance Act of 1961.

        TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON TERROR

                               CHAPTER 1

                          DEPARTMENT OF ENERGY

                National Nuclear Security Administration


                    Defense Nuclear Nonproliferation

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

                               CHAPTER 2

                    DEPARTMENT OF HOMELAND SECURITY

                     CUSTOMS AND BORDER PROTECTION

                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $124,425,000, to remain available until September 30, 2006, 
     for hiring, training, supporting, and equipping 500 border 
     patrol agents above the level funded in Public Law 108-334: 
     Provided, That the Secretary of Homeland Security shall 
     provide the Committees on Appropriations of the Senate and 
     the House of Representatives no later than June 15, 2005, 
     with a plan for the expeditious implementation and execution 
     of these funds: Provided further, That of the amount provided 
     under this heading, $49,075,000 is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                              Construction

       For an additional amount for ``Construction'', $51,875,000, 
     to remain available until September 30, 2006: Provided, That 
     the Secretary of Homeland Security shall provide the 
     Committees on Appropriations of the Senate and the House of 
     Representatives no later than June 15, 2005, with a plan for 
     the expeditious implementation and execution of these funds: 
     Provided further, That the amount provided under this heading 
     is designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                  IMMIGRATION AND CUSTOMS ENFORCEMENT

                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $454,250,000, of which not less than $11,000,000 shall be 
     available for the costs of increasing by no less than 
     seventy-nine the level of full-time equivalents on board on 
     the date of enactment of this Act: Provided, That of the 
     total amount provided, $178,250,000 is available until 
     September 30, 2006, of which $93,050,000 is for new 
     investigators, enforcement agents, detention officers, and 
     detention bedspace: Provided further, That the Secretary of 
     Homeland Security shall provide the Committees on 
     Appropriations of the Senate and the House of Representatives 
     no later than June 15, 2005, with a plan for the expeditious 
     implementation and execution of these funds: Provided 
     further, That of the amount provided under this heading, 
     $349,050,000 is designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).

                       UNITED STATES COAST GUARD

                           Operating Expenses

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

              Acquisition, Construction, and Improvements

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

                FEDERAL LAW ENFORCEMENT TRAINING CENTER

                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $2,568,000, to remain available until September 30, 2006.

     Acquisition, Construction, Improvements, and Related Expenses

       For an additional amount for ``Acquisition, Construction, 
     Improvements, and Related Expenses'', $1,882,000, to remain 
     available until September 30, 2006.

                               CHAPTER 3

                         DEPARTMENT OF JUSTICE

                         General Administration


                           detention trustee

       For an additional amount for ``Detention Trustee'', 
     $184,000,000, for necessary expenses of the Federal Detention 
     Trustee: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                            Legal Activities


                         Asset Forfeiture Fund

                              (rescission)

       Of the unobligated balances available under this heading, 
     $40,000,000 are rescinded.

                     United States Marshals Service


                         Salaries and Expenses

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

                    Federal Bureau of Investigation


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $73,991,000, to remain available until September 30, 2006: 
     Provided, That of the amount appropriated, $1,250,000 shall 
     be transferred to and merged with the appropriation for 
     ``Department of Justice, General Administration, Office of 
     Inspector General'': Provided further, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).

                    Drug Enforcement Administration


                         Salaries and Expenses

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

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $4,000,000, to remain available until September 30, 2006: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

[[Page 8476]]



                               CHAPTER 4

                           LEGISLATIVE BRANCH

                        HOUSE OF REPRESENTATIVES

      Payment to Widows and Heirs of Deceased Members of Congress

       For payment to Doris K. Matsui, widow of Robert T. Matsui, 
     late a Representative from the State of California, $162,100.

                         Salaries and Expenses

       For an additional amount for salaries and expenses of the 
     House of Representatives, $39,000,000, to remain available 
     until expended: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                       Administrative Provisions


                     House Services Revolving Fund

       Sec. 3__. (a) Section 103(b) of the Legislative Branch 
     Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 3175) 
     is amended to read as follows:
       ``(b) Use of Fees.--Any amounts paid as fees for the use of 
     the exercise facility described in subsection (a) shall be 
     deposited into the House Services Revolving Fund established 
     under section 105.''.
       (b) Section 105(a) of such Act (2 U.S.C. 117m(a)) is 
     amended by adding at the end the following new paragraph:
       ``(5) The payment of fees for the use of the exercise 
     facility described in section 103(a).''.
       (c) The amendments made by this section shall take effect 
     as if included in the enactment of the Legislative Branch 
     Appropriations Act, 2005.


                         technical corrections

       Sec. 3__. (a) The last proviso under the heading ``LIBRARY 
     OF CONGRESS--Salaries and Expenses'' in chapter 9 of division 
     A of the Miscellaneous Appropriations Act, 2001, as enacted 
     into law by section 1(a)(4) of the Consolidated 
     Appropriations Act, 2001 (2 U.S.C. 132b note), is amended by 
     striking ``chair of the Subcommittee on the Legislative 
     Branch of the Committee on Appropriations of the House of 
     Representatives'' and inserting ``chair of the Committee on 
     Appropriations of the House of Representatives (or another 
     member of such Committee designated by the chair)''.
       (b) Section 313(a)(2)(E) of the Legislative Branch 
     Appropriations Act, 2001 (2 U.S.C. 1151(a)(2)(E)), as added 
     by section 1502 of the Legislative Branch Appropriations Act, 
     2005 (Public Law 108-447), is amended by striking ``chair of 
     the Subcommittee on Legislative Branch of the Committee on 
     Appropriations of the House of Representatives'' and 
     inserting ``chair of the Committee on Appropriations of the 
     House of Representatives (or another member of such Committee 
     designated by the chair)''.

                             CAPITOL POLICE

                            General Expenses

       For an additional amount for necessary expenses of the 
     Capitol Police, $11,000,000, to remain available until 
     expended: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                        ARCHITECT OF THE CAPITOL

                            Capitol Grounds

       For an additional amount for ``Capitol Grounds'', 
     $8,200,000, to remain available until September 30, 2006: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                  Capitol Police Buildings and Grounds

       For an additional amount for ``Capitol Police Buildings and 
     Grounds'', $4,100,000, to remain available until September 
     30, 2006: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                 TITLE IV--INDIAN OCEAN TSUNAMI RELIEF

                               CHAPTER 1

                  FUNDS APPROPRIATED TO THE PRESIDENT

                       OTHER BILATERAL ASSISTANCE

                Tsunami Recovery and Reconstruction Fund


                     (Including Transfers of Funds)

       For necessary expenses to carry out the Foreign Assistance 
     Act of 1961, for emergency relief, rehabilitation, and 
     reconstruction aid to countries affected by the tsunami and 
     earthquakes of December 2004 and March 2005, and the Avian 
     influenza virus, $656,000,000, to remain available until 
     September 30, 2006: Provided, That these funds may be 
     transferred by the Secretary of State to Federal agencies or 
     accounts for any activity authorized under part I (including 
     chapter 4 of part II) of the Foreign Assistance Act, or under 
     the Agricultural Trade Development and Assistance Act of 
     1954, to accomplish the purposes provided herein: Provided 
     further, That upon a determination that all or part of the 
     funds so transferred from this appropriation are not 
     necessary for the purposes provided herein, such amounts may 
     be transferred back to this appropriation: Provided further, 
     That funds appropriated under this heading may be used to 
     reimburse fully accounts administered by the United States 
     Agency for International Development for obligations incurred 
     for the purposes provided under this heading prior to 
     enactment of this Act, including Public Law 480 Title II 
     grants: Provided further, That of the amounts provided 
     herein: up to $10,000,000 may be transferred to and 
     consolidated with ``Development Credit Authority'' for the 
     cost of direct loans and loan guarantees as authorized by 
     sections 256 and 635 of the Foreign Assistance Act of 1961 in 
     furtherance of the purposes of this heading; up to 
     $17,500,000 may be transferred to and consolidated with 
     ``Operating Expenses of the United States Agency for 
     International Development'', of which up to $2,000,000 may be 
     used for administrative expenses to carry out credit programs 
     administered by the United States Agency for International 
     Development in furtherance of the purposes of this heading; 
     up to $1,000,000 may be transferred to and consolidated with 
     ``Operating Expenses of the United States Agency for 
     International Development Office of Inspector General''; and 
     up to $5,000,000 may be transferred to and consolidated with 
     ``Emergencies in the Diplomatic and Consular Service'' for 
     the purpose of providing support services for United States 
     citizen victims and related operations: Provided further, 
     That of the funds appropriated under this heading, $5,000,000 
     should be made available for environmental recovery 
     activities in tsunami affected countries: Provided further, 
     That of the funds appropriated under this heading, 
     $10,000,000 should be made available for programs and 
     activities which create new economic opportunities for women: 
     Provided further, That of the funds appropriated under this 
     heading, $1,500,000 should be made available for programs to 
     address the needs of people with physical and mental 
     disabilities resulting from the tsunami: Provided further, 
     That of the funds appropriated under this heading, not less 
     than $12,500,000 should be made available to support 
     initiatives that focus on the immediate and long-term needs 
     of children for protection and permanency, including the 
     registration of unaccompanied children, the reunification of 
     children with their immediate or extended families, the 
     protection of women and children from violence and 
     exploitation, and activities designed to prevent the capture 
     of children by armed forces and promote the integration of 
     war affected youth: Provided further, That of the funds 
     appropriated under this heading, $20,000,000 should be made 
     available for microenterprise programs in countries affected 
     by the tsunami, of which $5,000,000 should be made available 
     for microcredit programs, to be administered by the United 
     States Agency for International Development: Provided 
     further, That of the funds appropriated under this heading, 
     $1,500,000 should be made available for trafficking in 
     persons monitoring and prevention programs and activities in 
     tsunami affected countries: Provided further, That the 
     President is hereby authorized to defer and reschedule for 
     such period as he may deem appropriate any amounts owed to 
     the United States or any agency of the United States by those 
     countries significantly affected by the tsunami and 
     earthquakes of December 2004 and March 2005, including the 
     Republic of Indonesia, the Republic of Maldives and the 
     Democratic Socialist Republic of Sri Lanka: Provided further, 
     That funds appropriated under this heading may be made 
     available for the modification costs, as defined in section 
     502 of the Congressional Budget Act of 1974, if any, 
     associated with any deferral and rescheduling authorized 
     under this heading: Provided further, That such amounts shall 
     not be considered ``assistance'' for the purposes of 
     provisions of law limiting assistance to any such affected 
     country: Provided further, That any agreement to defer and 
     reschedule such debt will include a commitment by the 
     recipient government that resources freed by the debt 
     deferral will benefit directly the people affected by the 
     tsunami: Provided further, That the Secretary of State shall 
     arrange for an outside, independent evaluation of each 
     government's compliance with the commitment: Provided 
     further, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).

                    GENERAL PROVISIONS, THIS CHAPTER


                           Annual Limitation

       Sec. 4101. Amounts made available pursuant to section 
     492(b) of the Foreign Assistance Act of 1961, as amended (22 
     U.S.C. 2292a), to address relief and rehabilitation needs for 
     countries affected by the Indian Ocean tsunami and 
     earthquakes of December 2004 and March 2005, prior to the 
     enactment of this Act, shall be in addition to the amount 
     that may be obligated in fiscal year 2005 under that section.


                         reporting requirement

       Sec. 4102. The Secretary of State shall submit to the 
     Committees on Appropriations not later than 30 days after 
     enactment, and prior to the initial obligation of funds 
     appropriated under this chapter not used to reimburse 
     accounts for obligations made prior to enactment, a report on 
     the proposed uses of all funds on a project-by-project basis, 
     for which such initial obligation of funds is anticipated: 
     Provided, That up to 15 percent of funds appropriated under 
     this chapter may be obligated before the submission of the 
     report subject to the regular notification procedures of the 
     Committees on Appropriations: Provided further, That the 
     report shall be updated and submitted to the Committees on 
     Appropriations every six months and shall include information 
     detailing how the estimates and assumptions contained in 
     previous reports have changed: Provided further, That any 
     proposed new projects and increases in funding of ongoing 
     projects shall be reported to the Committees on 
     Appropriations in accordance with regular notification 
     procedures: Provided further, That

[[Page 8477]]

     the Secretary of State shall submit to the Committees on 
     Appropriations, not later than 210 days following enactment 
     of this Act, and every six months thereafter, a report 
     detailing on a project-by project basis, the expenditure of 
     funds appropriated under this chapter until all funds have 
     been fully expended.


                         Authorization of Funds

       Sec. 4103. Funds appropriated by this Act may be obligated 
     and expended notwithstanding section 15 of the State 
     Department Basic Authorities Act of 1956, section 313 of the 
     Foreign Relations Authorization Act, Fiscal Years 1994 and 
     1995 (Public Law 103-236), section 10 of Public Law 91-672 
     (22 U.S.C. 2412), and section 504(a)(1) of the National 
     Security Act of 1947 (50 U.S.C. 414(a)(1)).


                         AVIAN INFLUENZA VIRUS

       Sec. 4104. Of the funds appropriated under this chapter, 
     $25,000,000 shall be made available for a coordinated program 
     to prevent and control the spread of the Avian influenza 
     virus: Provided, That not less than $15,000,000 of such funds 
     should be transferred to the Centers for Disease Control and 
     Prevention: Provided further, That prior to the obligation of 
     such funds, the Centers for Disease Control and Prevention 
     shall consult with the United States Agency for International 
     Development on the proposed use of such funds: Provided 
     further, That funds made available by this section and 
     transferred to the Centers for Disease Control and Prevention 
     shall be for necessary expenses to carry out Titles III and 
     XXIII of the Public Health Service Act.

                               CHAPTER 2

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

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

             Overseas Humanitarian, Disaster, and Civic Aid

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

                               CHAPTER 3

                    DEPARTMENT OF HOMELAND SECURITY

                       UNITED STATES COAST GUARD

                           Operating Expenses

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

                               CHAPTER 4

                       DEPARTMENT OF THE INTERIOR

                    United States Geological Survey


                 Surveys, Investigations, and Research

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

                               CHAPTER 5

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


                  Operations, Research, and Facilities

       For an additional amount for ``Operations, Research, and 
     Facilities'', $7,070,000, to remain available until September 
     30, 2006, for United States tsunami warning capabilities and 
     operations: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).


               Procurement, Acquisition and Construction

       For an additional amount for ``Procurement, Acquisition and 
     Construction'', $10,170,000, to remain available until 
     September 30, 2007, for United States tsunami warning 
     capabilities: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                TITLE V--OTHER EMERGENCY APPROPRIATIONS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                 Natural Resources Conservation Service


                 EMERGENCY WATERSHED PROTECTION PROGRAM

       For an additional amount for the emergency watershed 
     protection program established under section 403 of the 
     Agricultural Credit Act of 1978 (16 U.S.C. 2203) to repair 
     damages to waterways and watersheds resulting from natural 
     disasters, $104,500,000, to remain available until expended: 
     Provided, That the above amount includes funding for eligible 
     work identified in the Emergency Watershed Program Recovery 
     Projects Unfunded list as of April 25, 2005: Provided 
     further, That notwithstanding any other provision of law, the 
     Secretary of Agriculture shall count local financial and 
     technical resources, including in-kind materials and 
     services, contributed toward recovery from the flooding 
     events of January 2005 in Washington County, Utah, toward 
     local matching requirements for the emergency watershed 
     protection program assistance provided to Washington County, 
     Utah: Provided further, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).

                    GENERAL PROVISIONS, THIS CHAPTER


                         Rural Housing Service

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


                    RURAL HOUSING ASSISTANCE GRANTS

       Sec. 5102. Notwithstanding any other provision of law, the 
     Secretary of Agriculture shall consider the Village of New 
     Miami, Ohio, a rural area for purposes of eligibility for 
     grants funded through the Rural Housing Assistance Grants 
     account.


                  WATERSHED PROJECTS IN WEST VIRGINIA

       Sec. 5103. Of the amount provided to the Secretary of 
     Agriculture under the Consolidated Appropriations Act, 2005 
     (Public Law 108-447) for the Lost River Watershed project, 
     West Virginia, $4,000,000 may be transferred to the Upper 
     Tygart Watershed project, West Virginia, to be used under the 
     same terms and conditions under which funds for that project 
     were appropriated in section 735 of the Consolidated 
     Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 36).


                          FARM SERVICE AGENCY

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

                               CHAPTER 2

                       DEPARTMENT OF THE INTERIOR

                        Departmental Management


                         Salaries and Expenses

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

                             RELATED AGENCY

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                  capital improvement and maintenance

       For an additional amount for ``Capital Improvement and 
     Maintenance'', $24,390,000, to remain available until 
     expended, to repair damages to national forest facilities and 
     lands caused by severe storms in southern California: 
     Provided, That such funds shall be available to perform 
     repair activities including, but not limited to, restoration 
     of roads, trails and facilities; removal of landslides; 
     drainage protection; waste removal; and stream stabilization: 
     Provided further, That the amount provided under

[[Page 8478]]

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

                               CHAPTER 3

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary


            public health and social services emergency fund

                    (including rescissions of funds)

       For an additional amount for the ``Public Health and Social 
     Services Emergency Fund'' in title II of Public Law 108-447, 
     $10,000,000, to remain available until expended, for an 
     infrastructure grant to improve the supply of domestically 
     produced vaccine: Provided, That the entire amount is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress): Provided further, That under the heading 
     ``Health Resources and Services Administration, Health 
     Resources and Services'', the unobligated balance for the 
     Health Professions Teaching Facilities Program authorized in 
     sections 726 and 805 of the Public Health Service Act; the 
     unobligated balance of the Health Teaching Construction 
     Interest Subsidy Program authorized in section 726 and title 
     XVI of the Public Health Service Act; and the unobligated 
     balance of the AIDS Facilities Renovation and Support Program 
     authorized in title XVI of the Public Health Service Act are 
     all hereby rescinded: Provided further, That under the 
     heading ``Office of the Secretary, Office of the Inspector 
     General'', the unobligated balance of the Medicaid Fraud 
     Control Program authorized in section 1903 of the Social 
     Security Act and appropriated to the Office of the Inspector 
     General in the Department of Health and Human Services is 
     hereby rescinded: Provided further, That under the heading 
     ``Assistant Secretary for Health Scientific Activities 
     Overseas (Special Foreign Currency Program)'' the unobligated 
     balance of the Scientific Activities Overseas (Special 
     Foreign Currency Program) account within the Department of 
     Health and Human Services is hereby rescinded.
       For an additional amount for the ``Public Health and Social 
     Services Emergency Fund'' in title II of Public Law 108-447, 
     $58,000,000, to remain available until expended, to be 
     transferred to the Centers for Disease Control and Prevention 
     for the purchase of influenza countermeasures for the 
     Strategic National Stockpile: Provided, That $58,000,000 
     appropriated by section 1897(g) of the Social Security Act, 
     as added by section 1016 of the Medicare Prescription Drug, 
     Improvement, and Modernization Act of 2003 (Public Law 108-
     173) is rescinded.

                               CHAPTER 4

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs


                 HOUSING FOR PERSONS WITH DISABILITIES

                    (including rescission of funds)

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

             Office of Federal Housing Enterprise Oversight


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for the ``Office of Federal 
     Housing Enterprise Oversight'' for carrying out the Federal 
     Housing Enterprises Financial Safety and Soundness Act of 
     1992, $5,000,000 to remain available until expended, to be 
     derived from the Federal Housing Enterprises Oversight Fund 
     but not any funds collected under section 1316(c) of the 
     Federal Housing Enterprises Financial Safety and Soundness 
     Act of 1992 (12 U.S.C. 4516(c)): Provided, That 
     notwithstanding section 1316(d) of the Federal Housing 
     Enterprises Financial Safety and Soundness Act of 1992, any 
     funds collected under section 1316(c) of the Federal Housing 
     Enterprises Financial Safety and Soundness Act of 1992 shall 
     not be credited for fiscal year 2006 as surplus under section 
     1316(d) of such Act or as part of any assessment to be 
     collected for fiscal year 2006 under section 1316(a) of such 
     Act:
       Provided further, That not to exceed the amount provided 
     herein shall be available from the general fund of the 
     Treasury to the extent necessary to incur obligations and 
     make expenditures pending the receipt of collections to the 
     Fund: Provided further, That the general fund amount shall be 
     reduced as collections are received during the fiscal year so 
     as to result in a final appropriation from the general fund 
     estimated at not more than $0.

         TITLE VI--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS


                         Availability of Funds

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


                  References to Emergency Requirements

       Sec. 6002. Any reference in this Act to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress) shall be treated as a reference to the emergency 
     legislation section of H. Con. Res. 95 (109th Congress), if 
     H. Con. Res. 95 (109th Congress) is adopted prior to the 
     enactment of this Act.


                   rural business-cooperative service

       Sec. 6003. None of the funds made available by this or any 
     other Act may be used to deny the provision of assistance 
     under section 310B(a)(1) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1932(a)(1)) solely due to the 
     failure of the Secretary of Labor to respond to a request to 
     certify assistance within the time period specified in 
     section 310B(d)(4) of that Act.


  mcclellan kerr navigation system advanced operations and maintenance

       Sec. 6004. The last proviso under the heading ``Operation 
     and Maintenance'' in title I of division C of Public Law 108-
     447 is amended by striking ``Public Law 108-357'' and 
     inserting ``Public Law 108-137''.


                      environmental infrastructure

       Sec. 6005. Section 101 of title I of division C of Public 
     Law 108-447 is amended by striking ``per project'' and all 
     that follows through the period at the end and inserting 
     ``for all applicable programs and projects not to exceed 
     $80,000,000 in each fiscal year.''.


                       DESOTO COUNTY, Mississippi

       Sec. 6006. Section 219(f)(30) of the Water Resources 
     Development Act of 1992 (106 Stat. 4835; 106 Stat. 3757; 113 
     Stat. 334) is amended by striking ``$20,000,000'' and 
     inserting ``$55,000,000'' in lieu thereof, and by striking 
     ``treatment'' and inserting ``infrastructure'' in lieu 
     thereof: Provided, That the Secretary is authorized and 
     directed to reimburse the non-Federal local sponsor of the 
     project described in section 219(f)(30) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 106 Stat. 
     3757; 113 Stat. 334) for costs incurred between May 13, 2002, 
     and September 30, 2005, in excess of the required non-Federal 
     share if the Secretary determines that such costs were 
     incurred for work that is compatible with and integral to the 
     project: Provided further, That the non-Federal local 
     sponsor, at its option, may choose to accept, in lieu of 
     reimbursement, a credit against the non-Federal share of 
     project cost incurred after May 13, 2002.


                    FORT PECK FISH HATCHERY, Montana

       Sec. 6007. Section 325(f)(1)(A) of Public Law 106-541 is 
     modified by striking ``$20,000,000'' and inserting in lieu 
     thereof ``$25,000,000''.


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

       Sec. 6008. The first proviso under the heading ``Operation 
     and Maintenance'' in title I of division C of Public Law 108-
     447 is amended by striking ``October 1, 2003, and September 
     30, 2004'' and inserting ``October 1, 2004, and September 30, 
     2005''.


                 Offshore Oil and Gas Fabrication Ports

       Sec. 6009. In determining the economic justification for 
     navigation projects involving offshore oil and gas 
     fabrication ports, the Secretary of the Army, acting through 
     the Chief of Engineers, is directed to measure and include in 
     the National Economic Development calculation the value of 
     future energy exploration and production fabrication 
     contracts and transportation cost savings that would result 
     from larger navigation channels.


                      Environmental Infrastructure

       Sec. 6010. In division C, title I of the Consolidated 
     Appropriations Act, 2005 (Public Law 108-447), the item 
     relating to Corps of Engineers--Civil, Construction, General, 
     is amended by inserting before the period at the end the 
     following: ``: Provided further, That of the funds made 
     available herein for Ohio Environmental Infrastructure, 
     $500,000 shall be used for the Liberty Little Squaw Creek 
     sewer upgrade and $1,000,000 shall be used for the Lake 
     County, Concord Township sanitary sewer line improvement: 
     Provided further, That of the funds made available herein, 
     $350,000 shall be used to complete design for the St. Croix 
     Falls, Wisconsin, wastewater infrastructure project''.


                        Indiana Harbor, Indiana

       Sec. 6011. The Secretary of the Army, acting through the 
     Chief of Engineers, is directed to complete, at full Federal 
     expense, the Indiana Harbor and Canal, Confined Disposal 
     Facility, Indiana, currently under construction.


                  Seminole Tribe, Big Cypress Project

       Sec. 6012. Section 528(b)(3) of the Water Resources 
     Development Act of 1996 (110 Stat. 3769; 113 Stat. 286) is 
     amended by adding the following:
       ``(5) The Seminole Tribe of Florida shall receive a 
     mitigation credit for 50 percent of the net wetland benefits 
     derived within the footprint of the Big Cypress Seminole 
     Reservation Water Conservation Plan Project. Such credit may 
     be used to meet the mitigation requirements of section 404 of 
     the Clean Water Act as they may apply to future projects 
     proposed by the Seminole Tribe of Florida.''.


                     san gabriel basin restoration

       Sec. 6013. (a) The matter under the heading ``Water and 
     Related Resources'' in title II of division C of Public Law 
     108-447 is amended by inserting before the period at the end 
     the following: ``: Provided further, That $4,023,000 of the 
     funds appropriated under this heading shall be deposited in 
     the San Gabriel Basin Restoration Fund established by section 
     110 of title I of division B of the Miscellaneous 
     Appropriations Act, 2001 (as enacted into law by Public Law 
     106-554)''.
       (b) Section 110(a)(3)(A)(ii) of the Miscellaneous 
     Appropriations Act, 2001 (as enacted into law by section 
     1(a)(4) of Public Law 106-554) as amended is further amended 
     by inserting the words ``and maintain'' after the word 
     ``operate''.

[[Page 8479]]




                 Silvery Minnow Off-Channel Sanctuaries

       Sec. 6014. The Secretary of the Interior is authorized to 
     perform such analyses and studies as needed to determine the 
     viability of establishing an off-channel sanctuary for the 
     Rio Grande Silvery Minnow in the Middle Rio Grande Valley. In 
     conducting these studies, the Secretary shall take into 
     consideration:
       (1) providing off-channel, naturalistic habitat conditions 
     for propagation, recruitment, and maintenance of Rio Grande 
     silvery minnows; and
       (2) minimizing the need for acquiring water or water rights 
     to operate the sanctuary.
       If the Secretary determines the project to be viable, the 
     Secretary is further authorized to design and construct the 
     sanctuary and to thereafter operate and maintain the 
     sanctuary. The Secretary may enter into grant agreements, 
     cooperative agreements, financial assistance agreements, 
     interagency agreements, and contracts with Federal and non-
     Federal entities to carry out the purposes of this Act.


                       Desalination Act extension

       Sec. 6015. Section 8 of Public Law 104-298 (The Water 
     Desalination Act of 1996) (110 Stat. 3624) as amended by 
     section 210 of Public Law 108-7 (117 Stat. 146) is amended 
     by--
       (1) in paragraph (a) by striking ``2004'' and inserting in 
     lieu thereof ``2005''; and
       (2) in paragraph (b) by striking ``2004'' and inserting in 
     lieu thereof ``2005''.


                             energy supply

       Sec. 6016. In division C, title III of the Consolidated 
     Appropriations Act, 2005 (Public Law 108-447), the item 
     relating to ``Department of Energy, Energy Programs, Energy 
     Supply'' is amended by inserting before the period at the end 
     the following: ``: Provided, That $2,000,000 is made 
     available for the National Center for Manufacturing Sciences 
     in Michigan: Provided further, That $825,000 is made 
     available for research and development in California to 
     advance the state of metal hydride hydrogen storage''.


                           Office of Science

       Sec. 6017. In division C, title III of the Consolidated 
     Appropriations Act, 2005 (Public Law 108-447), the item 
     relating to ``Department of Energy, Energy Programs, 
     Science'' is amended by inserting ``: Provided, That 
     $2,000,000 is provided within available funds to continue 
     funding for project #DE-FG0204ER63842-04090945, the Southeast 
     Regional Cooling, Heating and Power and Bio-Fuel Application 
     Center, and $3,000,000 is provided from within available 
     funds for the University of Texas Southwestern Medical 
     Center, University of Texas at Dallas Metroplex Comprehensive 
     Imaging Center: Provided further, That within funds made 
     available herein $500,000 is provided for the desalination 
     plant technology program at the University of Nevada-Reno 
     (UNR) and $500,000 for the Oral History of the Negotiated 
     Settlement project at UNR: Provided further, That $4,000,000 
     is to be provided from within available funds to the Fire 
     Sciences Academy in Elko, Nevada, for purposes of capital 
     debt service: Provided further, That $2,000,000 is made 
     available within available funds to upgrade chemistry 
     laboratories at Drew University, New Jersey'' after 
     ``$3,628,902,000''.


                             Fossil Energy

       Sec. 6018. In division E, title II of the Consolidated 
     Appropriations Act, 2005 (Public Law 108-447), the item 
     relating to ``Department of Energy, Fossil Energy Research 
     and Development'' is amended by inserting before the period 
     at the end the following: ``: Provided further, That 
     $1,000,000 is made available for the National Energy 
     Technology Laboratory in Pennsylvania to work with the 
     Borough of Versailles, Pennsylvania, to remediate leaks from 
     abandoned natural gas wells''.


                           weapons activities

                     (including transfer of funds)

       Sec. 6019. Notwithstanding the provisions of section 302 of 
     Public Law 102-377 and section 4705 of Public Law 107-314, as 
     amended, the Department may transfer up to $10,000,000 from 
     the Weapons Activities appropriation for purposes of carrying 
     out section 3147 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005, Public Law 108-375: 
     Provided, That $825,000 is made available for cybersecurity 
     at Department of Energy laboratories using the CimTrak 
     technology.


                     Defense Environmental Services

       Sec. 6020. Title III of division C of the Consolidated 
     Appropriations Act, 2005 (Public Law 108-447) is amended by 
     inserting before the period at the end of ``Defense 
     Environmental Services'' the following: ``: Provided, That to 
     the extent activities to be funded within the `Defense 
     Environmental Services' cannot be funded without unduly 
     impacting mission activities and statutory requirements, up 
     to $30,000,000 from `Defense Site Acceleration Completion' 
     may be used for these activities: Provided further, That 
     $2,000,000 is provided within available funds to support 
     desalination activities in partnership with the Bureau of 
     Reclamation at the Tularosa Basin desalination facility, New 
     Mexico''.


  Defense Site Acceleration Completion Transfer to Weapons Activities

                     (including transfer of funds)

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


                       small business contracting

       Sec. 6022. (a) Not later than September 30, 2005, the 
     Department of Energy and the Small Business Administration 
     shall enter into a memorandum of understanding setting forth 
     an appropriate methodology for measuring the achievement of 
     the Department of Energy with respect to awarding contracts 
     to small businesses.
       (b) The methodology set forth in the memorandum of 
     understanding entered into under subsection (a) shall, at a 
     minimum, include--
       (1) a method of counting the achievement of the Department 
     of Energy in awards of--
       (A) prime contracts; and
       (B) subcontracts to small businesses awarded by Department 
     of Energy management and operating, management and 
     integration, and other facility management prime contractors; 
     and
       (2) uniform criteria that could be used by prime 
     contractors when measuring the value and number of 
     subcontracts awarded to small businesses.
       (c)(1) Not later than September 30, 2005, the Administrator 
     of the Small Business Administration, the Chief Counsel for 
     Advocacy of the Small Business Administration, the Chairman 
     of the Defense Nuclear Facilities Safety Board, the Secretary 
     of Energy, and the Administrator of the National Nuclear 
     Security Administration, shall jointly conduct a study 
     regarding the feasibility of possible changes to management 
     and operating contracts and other management contracts within 
     the Department of Energy to encourage new opportunities for 
     small businesses to increase their role as prime contractors.
       (2) In conducting the study under paragraph (1), the 
     Administrator of the Small Business Administration, the Chief 
     Counsel for Advocacy of the Small Business Administration, 
     the Chairman of the Defense Nuclear Facilities Safety Board, 
     the Secretary of Energy, and the Administrator of the 
     National Nuclear Security Administration shall jointly 
     consider the impact of changes studied on--
       (A) accountability, competition, and sound management 
     practices at the Department of Energy and its facilities 
     managed by prime contractors;
       (B) safety, security, and oversight of Department of Energy 
     facilities; and
       (C) the potential oversight and management requirements 
     necessary to implement the findings of the study.
       (3) The Administrator of the Small Business Administration, 
     the Chief Counsel for Advocacy of the Small Business 
     Administration, the Chairman of the Defense Nuclear 
     Facilities Safety Board, the Secretary of Energy, and the 
     Administrator of the National Nuclear Security Administration 
     shall report their joint findings to--
       (A) the Committee on Small Business and Entrepreneurship, 
     the Committee on Energy and Natural Resources, the Committee 
     on Armed Services, the Committee on Homeland Security and 
     Government Affairs, and the Committee on Appropriations of 
     the Senate; and
       (B) the Committee on Small Business, the Committee on 
     Energy and Commerce, the Committee on Armed Services, the 
     Committee on Homeland Security, and the Committee on 
     Appropriations of the House of Representatives.
       (d)(1) Beginning on the date of enactment of this Act and 
     ending at the conclusion of fiscal year 2007, in any case in 
     which the Secretary of Energy decides to break-out 
     appropriate large prime contracts, known as the management 
     and operating contracts, for award to small businesses, the 
     Secretary shall consider whether--
       (A) the services under the contract have previously been 
     provided by a small business concern; and
       (B) the contract is of the type capable of being performed 
     by a small business concern.
       (2) In the case of a contract awarded by the Department of 
     Energy as a result of a break-out of subcontracts previously 
     awarded by management and operating prime contractors and 
     reawarded as a small business prime contract under paragraph 
     (1)--
       (A) any such contract valued at more than $25,000,000 shall 
     be required to have a subcontracting plan for small 
     businesses; and
       (B) the Secretary shall make a determination on the 
     advisability of requiring a local presence for small business 
     subcontractors.


                         nuclear waste disposal

       Sec. 6023. Title III of division C of the Consolidated 
     Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2951) 
     is amended in the matter under the heading ``Nuclear Waste 
     Disposal''--
       (1) by inserting ``to be derived from the Nuclear Waste 
     Fund and'' after ``$346,000,000,''; and
       (2) in the second proviso, by striking ``to conduct 
     scientific oversight responsibilities and participate in 
     licensing activities pursuant to the Act'' and inserting ``to 
     participate in licensing activities and other appropriate 
     activities pursuant to that Act''.


                    Department of Homeland Security

                          Working Capital Fund

       Sec. 6024. None of the funds appropriated or otherwise made 
     available to the Department of Homeland Security may be used 
     to make payments to the ``Department of Homeland Security 
     Working Capital Fund'', except for the activities for fiscal 
     year 2005 contained in the April 11, 2005, report submitted 
     to the Committees on Appropriations of the Senate and the 
     House of Representatives on the Department of Homeland 
     Security Working Capital Fund, and all activities and 
     services funded by the Federal Emergency Management Agency 
     ``Working Capital Fund'' before March 1, 2003: Provided, That 
     all

[[Page 8480]]

     organizations shall be charged only for direct usage of each 
     service: Provided further, That for fiscal year 2005, funding 
     for activities shall not exceed the amounts listed in the 
     Department of Homeland Security Working Capital Fund April 
     11, 2005, report: Provided further, That any additional 
     activities and amounts must be approved by the Committees on 
     Appropriations of the Senate and the House of Representatives 
     30 days in advance of obligation.
       Sec. 6025. The Department of Homeland Security shall 
     henceforth provide an appropriations justification for the 
     ``Department of Homeland Security Working Capital Fund'' to 
     the Committees on Appropriations of the Senate and House of 
     Representatives: Provided, That an annual appropriations 
     justification shall be submitted to the Congress as a part of 
     the President's budget as submitted under Section 1105(a) of 
     Title 31, United States Code, and shall contain the same 
     level of detail as the Department's Congressional 
     appropriations justification in support of the President's 
     budget: Provided further, That the ``Department of Homeland 
     Security Working Capital Fund'' Congressional appropriations 
     justification for fiscal year 2006 shall be submitted within 
     15 days of enactment of this Act: Provided further, That the 
     Chief Financial Officer shall ensure that all planned 
     activities and amounts to be funded by the ``Department of 
     Homeland Security Working Capital Fund'', all reimbursable 
     agreements, and all uses of the Economy Act are explicitly 
     identified in each Congressional appropriations justification 
     in support of the President's budget provided for each agency 
     and component of the Department.


                Office of the Chief Information Officer

       Sec. 6026. Of the funds provided under the heading ``Office 
     of the Chief Information Officer'' in Public Law 108-334, 
     $5,000,000 shall not be obligated for salaries and expenses 
     until an expenditure plan is submitted to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     for any information technology project that: (1) is funded by 
     the ``Office of the Chief Information Officer''; or (2) is 
     funded by multiple components of the Department of Homeland 
     Security through reimbursable agreements: Provided, That such 
     expenditure plan shall include each specific project funded, 
     key milestones, all funding sources for each project, details 
     of annual and lifecycle costs, and projected cost savings or 
     cost avoidance to be achieved by project: Provided further, 
     That the expenditure plan shall include a complete list of 
     all legacy systems operational as of March 1, 2003, the 
     current operational status of each system, and the plans for 
     continued operation or termination of each system.


                          RESCISSION OF FUNDS

       Sec. 6027. Of the funds appropriated by Public Law 108-334 
     (118 Stat. 1298, 1300, 1302), the following are rescinded: 
     $500,000 under the heading ``Office of the Secretary and 
     Executive Management''; $3,300,000 under the heading ``Office 
     of the Under Secretary for Management''; $76,000,000 under 
     the heading ``Customs and Border Protection, Salaries and 
     Expenses''; and $85,200,000 under the heading ``Immigration 
     and Customs Enforcement, Salaries and Expenses''.
       Sec. 6028. Of the unobligated balances available in the 
     ``Department of Homeland Security Working Capital Fund'', 
     $20,000,000 are rescinded.


                  reprogramming and transfer of funds

       Sec. 6029. Any funds made available to the Department of 
     Homeland Security by this Act shall be subject to the terms 
     and conditions of Title V of Public Law 108-334.


            bureau of land management, technical correction

       Sec. 6030. Section 144 of division E of Public Law 108-447 
     is amended in paragraph (b)(2) by striking ``September 24, 
     2004'' and inserting ``November 12, 2004''.


                        forest service transfer

       Sec. 6031. Funds in the amount of $1,500,000, provided in 
     Public Law 108-447 for the ``Forest Service, Capital 
     Improvement and Maintenance'' account, are hereby transferred 
     to the ``Forest Service, State and Private Forestry'' 
     account.


              west yellowstone visitor information center

       Sec. 6032. Notwithstanding any other provision of law, the 
     National Park Service is authorized to expend appropriated 
     funds for the construction, operations and maintenance of an 
     expansion to the West Yellowstone Visitor Information Center 
     to be constructed for visitors to, and administration of, 
     Yellowstone National Park.


                       pesticides tolerance fees

       Sec. 6033. None of the funds in this or any other 
     Appropriations Act may be used by the Environmental 
     Protection Agency or any other Federal agency to develop, 
     promulgate, or publish a pesticides tolerance fee rulemaking.


                     GULF ISLANDS NATIONAL SEASHORE

       Sec. 6034. (a) The Secretary of the Interior shall allow 
     the State of Mississippi, its lessees, contractors, and 
     permittees, to conduct, under reasonable regulation not 
     inconsistent with extraction of the oil and gas minerals 
     reserved by the State of Mississippi in the deed referenced 
     in subsection (b):
       (1) exploration, development and production operations on 
     sites outside the boundaries of Gulf Islands National 
     Seashore that use directional drilling techniques which 
     result in the drill hole crossing into the Gulf Islands 
     National Seashore and passing under any land or water the 
     surface of which is owned by the United States, including 
     terminating in bottom hole locations thereunder; and
       (2) seismic and seismic-related exploration activities 
     inside the boundaries of Gulf Islands National Seashore to 
     identify the oil and gas minerals located within the 
     boundaries of the Gulf Islands National Seashore under the 
     surface estate conveyed by the State of Mississippi, all of 
     which oil and gas minerals the State of Mississippi reserved 
     the right to extract.
       (b) The provisions of subsection (a) shall not take effect 
     until the State of Mississippi enters into an agreement with 
     the Secretary providing that any actions by the United States 
     in relation to the provisions in the section shall not 
     trigger any reverter of any estate conveyed by the State of 
     Mississippi to the United States within the Gulf Islands 
     National Seashore in Chapter 482 of the General Laws of the 
     State of Mississippi, 1971, and the quitclaim deed of June 
     15, 1972.


               surface mining control and reclamation act

       Sec. 6035. Section 402(b) of the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by 
     striking ``June 30, 2005,'' and inserting ``September 30, 
     2005,''.


        RESIDENT AND NONRESIDENT HUNTING AND FISHING REGULATIONS

       Sec. 6036. State Regulation of Resident and Nonresident 
     Hunting and Fishing. (a) Short Title.--This section may be 
     cited as the ``Reaffirmation of State Regulation of Resident 
     and Nonresident Hunting and Fishing Act of 2005''.
       (b) Declaration of Policy and Construction of Congressional 
     Silence.--
       (1) In general.--It is the policy of Congress that it is in 
     the public interest for each State to continue to regulate 
     the taking for any purpose of fish and wildlife within its 
     boundaries, including by means of laws or regulations that 
     differentiate between residents and nonresidents of such 
     State with respect to the availability of licenses or permits 
     for taking of particular species of fish or wildlife, the 
     kind and numbers of fish and wildlife that may be taken, or 
     the fees charged in connection with issuance of licenses or 
     permits for hunting or fishing.
       (2) Construction of congressional silence.--Silence on the 
     part of Congress shall not be construed to impose any barrier 
     under clause 3 of Section 8 of Article I of the Constitution 
     (commonly referred to as the ``commerce clause'') to the 
     regulation of hunting or fishing by a State or Indian tribe.
       (c) Limitations.--Nothing in this section shall be 
     construed--
       (1) to limit the applicability or effect of any Federal law 
     related to the protection or management of fish or wildlife 
     or to the regulation of commerce;
       (2) to limit the authority of the United States to prohibit 
     hunting or fishing on any portion of the lands owned by the 
     United States; or
       (3) to abrogate, abridge, affect, modify, supersede or 
     alter any treaty-reserved right or other right of any Indian 
     tribe as recognized by any other means, including, but not 
     limited to, agreements with the United States, Executive 
     Orders, statutes, and judicial decrees, and by Federal law.
       (d) State Defined.--For purposes of this section, the term 
     ``State'' includes the several States, the District of 
     Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin 
     Islands, American Samoa, and the Commonwealth of the Northern 
     Mariana Islands.


       state and tribal assistance grants, technical corrections

       Sec. 6037. The referenced statement of the managers under 
     the heading ``State and Tribal Assistance Grants'' for the 
     Environmental Protection Agency in Public Law 106-377, in 
     reference to item 80, is deemed to be amended by striking all 
     after ``for'' and inserting in lieu thereof ``wastewater 
     infrastructure improvements''.
       Sec. 6038. The referenced statement of the managers under 
     the heading ``State and Tribal Assistance Grants'' for the 
     Environmental Protection Agency in Public Law 108-199 is 
     deemed to be amended, in reference to item 331, by striking 
     all after ``to'' and inserting in lieu thereof ``Wayne 
     County, New York Water and Sewer Authority for wastewater 
     infrastructure improvements'' and, in reference to item 25, 
     by striking all after ``for'' and inserting in lieu thereof 
     ``water and wastewater improvements''.
       Sec. 6039. The referenced statement of the managers under 
     the heading ``State and Tribal Assistance Grants'' for the 
     Environmental Protection Agency in Public Law 108-447 is 
     deemed to be amended, in reference to item 235, by striking 
     ``$650,000'' and inserting in lieu thereof ``$1,000,000'' and 
     is deemed to be amended by adding ``668. $150,000 to the City 
     of Oldsmar, Florida for water and wastewater infrastructure 
     improvements.''.


                           transfer authority

       Sec. 6040. (a) Section 102 of division F of Public Law 108-
     447 is hereby repealed.
       (b) Section 208 of division F of Public Law 108-447 is 
     amended by inserting before the period at the end the 
     following: ``: Provided further, That such authority shall be 
     limited to emergency use only, and is not to be used to 
     create new programs, or to fund any project or activity for 
     which no funds were provided''.


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

       Sec. 6041. In the statement of the managers of the 
     committee of conference accompanying H.R. 4818 (Public Law 
     108-447; House Report 108-

[[Page 8481]]

     792), in the matter in title III of division F, relating to 
     the Fund for the Improvement of Education under the heading 
     ``Innovation and Improvement''--
       (1) the provision specifying $500,000 for the Mississippi 
     Museum of Art, Jackson, MS for Hardy Middle School After 
     School Program shall be deemed to read ``Mississippi Museum 
     of Art, Jackson, MS for a Mississippi Museum of Art After-
     School Collaborative'';
       (2) the provision specifying $2,000,000 for the Milken 
     Family Foundation, Santa Monica, CA, for the Teacher 
     Advancement Program shall be deemed to read ``Teacher 
     Advancement Program Foundation, Santa Monica, CA for the 
     Teacher Advancement Program'';
       (3) the provision specifying $1,000,000 for Batelle for 
     Kids, Columbus, OH for a multi-state effort to evaluate and 
     learn the most effective ways for accelerating student 
     academic growth shall be deemed to read ``Battelle for Kids, 
     Columbus, OH for a multi-state effort to implement, evaluate 
     and learn the most effective ways for accelerating student 
     academic growth'';
       (4) the provision specifying $750,000 for the Institute of 
     Heart Math, Boulder Creek, CO for a teacher retention and 
     student dropout prevention program shall be deemed to read 
     ``Institute of Heart Math, Boulder Creek, CA for a teacher 
     retention and student dropout prevention program'';
       (5) the provision specifying $200,000 for Fairfax County 
     Public Schools, Fairfax, VA for Chinese language programs in 
     Franklin Sherman Elementary School and Chesterbrook 
     Elementary School in McLean, Virginia shall be deemed to read 
     ``Fairfax County Public Schools, Fairfax, VA for Chinese 
     language programs in Shrevewood Elementary School and 
     Wolftrap Elementary School'';
       (6) the provision specifying $1,250,000 for the University 
     of Alaska/Fairbanks in Fairbanks, AK, working with the State 
     of Alaska and Catholic Community Services, for the Alaska 
     System for Early Education Development (SEED) shall be deemed 
     to read ``University of Alaska/Southeast in Juneau, AK, 
     working with the State of Alaska and Catholic Community 
     Services, for the Alaska System for Early Education 
     Development (SEED)'';
       (7) the provision specifying $25,000 for QUILL Productions, 
     Inc., Aston, PA, to develop and disseminate programs to 
     enhance the teaching of American history shall be deemed to 
     read ``QUILL Entertainment Company, Aston, PA, to develop and 
     disseminate programs to enhance the teaching of American 
     history'';
       (8) the provision specifying $780,000 for City of St. 
     Charles, MO for the St. Charles Foundry Arts Center in 
     support of arts education shall be deemed to read ``The 
     Foundry Art Centre, St. Charles, Missouri for support of arts 
     education in conjunction with the City of St. Charles, MO'';
       (9) the provision specifying $100,000 for Community Arts 
     Program, Chester, PA, for arts education shall be deemed to 
     read ``Chester Economic Development Authority, Chester, PA 
     for a community arts program'';
       (10) the provision specifying $100,000 for Kids with A 
     Promise--The Bowery Mission, Bushkill, PA shall be deemed to 
     read ``Kids with A Promise--The Bowery Mission, New York, 
     NY'';
       (11) the provision specifying $50,000 for Great Projects 
     Film Company, Inc., Washington, DC, to produce ``Educating 
     America'', a documentary about the challenges facing our 
     public schools shall be deemed to read ``Great Projects Film 
     Company, Inc., New York, NY, to produce `Educating America', 
     a documentary about the challenges facing our public 
     schools'';
       (12) the provision specifying $30,000 for Summer Camp 
     Opportunities Provide an Edge (SCOPE), New York, NY for YMCA 
     Camps Skycrest, Speers and Elijabar shall be deemed to read 
     ``American Camping Association for Summer Camp Opportunities 
     Provide an Edge (SCOPE), New York, NY for YMCA Camps Skycrest 
     and Speers-Elijabar'';
       (13) the provision specifying $163,000 for Space Education 
     Initiatives, Green Bay, WI for the Wisconsin Space Science 
     Initiative shall be deemed to read ``Space Education 
     Initiatives, De Pere, WI for the Wisconsin Space Science 
     Initiative'';
       (14) the provision specifying $100,000 for Clarion County 
     Career Center, Shippenville, PA for curriculum development 
     shall be deemed to read ``Clarion County Career Center, 
     Shippenville, PA for curriculum development, technology and/
     or equipment'';
       (15) the provision specifying $100,000 for Central 
     Pennsylvania Institute of Science and Technology, Pleasant 
     Gap, PA for curriculum development shall be deemed to read 
     ``Central Pennsylvania Institute of Science and Technology, 
     Pleasant Gap, PA for curriculum development, technology and/
     or equipment'';
       (16) the provision specifying $100,000 for Forest Area High 
     School, Tionesta, PA, for curriculum development shall be 
     deemed to read ``Forest Area High School, Tionesta, PA for 
     curriculum development, technology and/or equipment'';
       (17) the provision specifying $100,000 for Jersey Shore 
     High School, Jersey Shore, PA, for curriculum development 
     shall be deemed to read ``Jersey Shore High School, Jersey 
     Shore, PA for curriculum development, technology and/or 
     equipment'';
       (18) the provision specifying $100,000 for Montgomery Area 
     School District, Montgomery, PA for curriculum development 
     shall be deemed to read ``Montgomery Area School District, 
     Montgomery, PA for curriculum development, technology and/or 
     equipment'';
       (19) the provision specifying $100,000 for Southern Tioga 
     School District, Blossburg, PA for curriculum development 
     shall be deemed to read ``Southern Tioga School District, 
     Blossburg, PA for curriculum development, technology and/or 
     equipment'';
       (20) the provision specifying $300,000 for Venango County 
     AVTS, Oil City, PA for curriculum development shall be deemed 
     to read ``Venango County AVTS, Oil City, PA for curriculum 
     development, technology and/or equipment'';
       (21) the provision specifying $100,000 for Warren County 
     Career Center, Warren, PA, for curriculum development shall 
     be deemed to read ``Warren County Career Center, Warren, PA 
     for curriculum development, technology and/or equipment''; 
     and
       (22) the provision specifying $100,000 for Wellsboro Area 
     School District, Wellsboro, PA, for curriculum development 
     shall be deemed to read ``Wellsboro Area School District, 
     Wellsboro, PA for curriculum development, technology and/or 
     equipment''.


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

       Sec. 6042. In the statement of the managers of the 
     committee of conference accompanying H.R. 4818 (Public Law 
     108-447; House Report 108-792), in the matter in title III of 
     division F, relating to the Fund for the Improvement of 
     Postsecondary Education under the heading ``Higher 
     Education''--
       (1) the provision specifying $145,000 for the Belin-Blank 
     Center at the University of Iowa, Iowa City, IA for the Big 
     10 school initiative to improve minority student access to 
     Advanced Placement courses shall be deemed to read 
     ``University of Iowa, Iowa City, IA for the Iowa and Israel: 
     Partners in Excellence program to enhance math and science 
     opportunities to rural Iowa students'';
       (2) the provision specifying $150,000 for Mercy College, 
     Dobbs Ferry, NY for the development of a registered nursing 
     program shall be deemed to read ``Mercy College, Dobbs Ferry, 
     NY, for the development of a master's degree program in 
     nursing education, including marketing and recruitment 
     activities'';
       (3) the provision specifying $100,000 for University of 
     Alaska/Southeast to develop distance education coursework for 
     arctic engineering courses and programs shall be deemed to 
     read ``University of Alaska System Office to develop distance 
     education coursework for arctic engineering courses and 
     programs'';
       (4) the provision specifying $170,000 for Shippensburg 
     University Foundation, Shippensburg, PA, for the Center for 
     Land Use shall be deemed to read ``Shippensburg University, 
     Shippensburg, PA, for the Center for Land Use''; and
       (5) the provision specifying $100,000 for Culver-Stockton 
     College, Canton, MO for equipment and technology shall be 
     deemed to read ``Moberly Area Community College, Moberly, MO 
     for equipment and technology''.


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

       Sec. 6043. In the statement of the managers of the 
     committee of conference accompanying H.R. 2673 (Public Law 
     108-199; House Report 108-401), in the matter in title III of 
     division E, relating to the Fund for the Improvement of 
     Education under the heading ``Innovation and Improvement'' 
     the provision specifying $1,500,000 for the University of 
     Alaska at Fairbanks for Alaska System for Early Education 
     Development (SEED) program to expand early childhood services 
     and to train Early Head Start teachers with AAS degrees for 
     positions in rural Alaska shall be deemed to read 
     ``University of Alaska/Southeast in Juneau, AK, working with 
     the State of Alaska and Catholic Community Services, for the 
     Alaska System for Early Education Development (SEED) program 
     to expand early childhood services and to train Early Head 
     Start teachers with AAS degrees for positions in rural 
     Alaska''.


    corporation for national and community service for grant reviews

       Sec. 6044. The matter under the heading ``Corporation for 
     National and Community Service--National and Community 
     Service Programs Operating Expenses'' in title III of 
     division I of Public Law 108-447 is amended by inserting 
     before the period at the end the following: ``: Provided 
     further, That the Corporation may use up to 1 percent of 
     program grant funds made available under this heading to 
     defray its costs of conducting grant application reviews, 
     including the use of outside peer reviewers''.


        Medicare Health Care Infrastructure Improvement Program

       Sec. 6045. (a) In General.--Section 1897(c) of the Social 
     Security Act (42 U.S.C. 1395hhh(c)) is amended--
       (1) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``or an entity described in paragraph (3)'' after ``means a 
     hospital''; and
       (B) in subparagraph (B)--
       (i) by inserting ``legislature'' after ``State'' the first 
     place it appears; and
       (ii) by inserting ``and such designation by the State 
     legislature occurred prior to December 8, 2003'' before the 
     period at the end; and
       (2) by adding at the end the following new paragraph:
       ``(3) Entity described.--An entity described in this 
     paragraph is an entity that--
       ``(A) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Code;

[[Page 8482]]

       ``(B) has at least 1 existing memorandum of understanding 
     or affiliation agreement with a hospital located in the State 
     in which the entity is located; and
       ``(C) retains clinical outpatient treatment for cancer on 
     site as well as lab research and education and outreach for 
     cancer in the same facility.''.
       (b) Limitation on Review.--Section 1897 of the Social 
     Security Act (42 U.S.C. 1395hhh(c)) is amended by adding at 
     the end the following new subsection:
       ``(i) Limitation on Review.--There shall be no 
     administrative or judicial review of any determination made 
     by the Secretary under this section.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of section 
     1016 of the Medicare Prescription Drug, Improvement, and 
     Modernization Act of 2003 (Public Law 108-173; 117 Stat. 
     2447).


              application processing and enforcement fees

       Sec. 6046. Section 286(s)(6) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(s)(6)) is amended in the 
     second sentence by inserting ``and section 212(a)(5)(A)'' 
     before the period at the end.


                 technical correction--higher education

                    (including rescission of funds)

       Sec. 6047. (a) Rescission.--Of the funds made available 
     under the heading ``Higher Education'' in title III of 
     division F of Public Law 108-447, $496,000 is rescinded, to 
     be derived from the amount provided pursuant to the last 
     proviso under such heading for the IWF Leadership Foundation, 
     Washington, DC, for a scholarship fund.
       (b) Appropriation.--The amount rescinded by subsection (a) 
     is appropriated for ``General Services Administration--
     Operating Expenses'', for a grant to the IWF Leadership 
     Foundation, Washington, DC, for a scholarship fund.


                        copyright royalty judges

       Sec. 6048. (a) The item relating to ``LIBRARY OF CONGRESS--
     Copyright Office--salaries and expenses'' in the Legislative 
     Branch Appropriations Act, 2005 (Public Law 108-447; 118 
     Stat. 3187), is amended by striking the period at the end and 
     inserting the following: ``: Provided further, That 
     notwithstanding any provision of chapter 8 of title 17, 
     United States Code, any amounts made available under this 
     heading which are attributable to royalty fees and payments 
     received by the Copyright Office pursuant to sections 111 and 
     119, and chapter 10 of such title may be used for the costs 
     incurred in the administration of the Copyright Royalty 
     Judges program during any portion of fiscal year 2005 in 
     which such program is in effect.''.
       (b) The amendment made by subsection (a) shall take effect 
     as if included in the enactment of the Legislative Branch 
     Appropriations Act, 2005.


                         Capitol Visitor Center

       Sec. 6049. (a) The item relating to ``Architect of the 
     Capitol--Capitol Visitor Center'' in the Legislative Branch 
     Appropriations Act, 2002 (Public Law 107-68; 115 Stat. 588), 
     is amended by striking ``chair and ranking minority member of 
     the''.
       (b) The amendment made by subsection (a) shall take effect 
     as if included in the enactment of the Legislative Branch 
     Appropriations Act, 2002.


                          technical correction

       Sec. 6050. Notwithstanding any other provision of law, 
     unexpended and unobligated funds appropriated by Public Law 
     108-7 to the accounts under the heading ``SENATE'' relating 
     to Legislative Branch appropriations shall remain available 
     without fiscal year limitation: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).


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

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


          small business administration--technical corrections

       Sec. 6054. Section 621 of title VI of division B of Public 
     Law 108-199 is amended by striking ``of passenger, cargo and 
     other aviation services''.
       Sec. 6055. Section 619(a) of title VI of division B of 
     Public Law 108-447 is amended by striking ``Asheville-
     Buncombe Technical Community College'' and inserting ``the 
     International Small Business Institute''.
       Sec. 6056. (a) Section 619(a) of title VI of division B of 
     Public Law 108-447 is amended by striking ``for the continued 
     modernization of the Mason Building''.
       (b) Section 621 of title VI of division B of Public Law 
     108-199, as amended by Public Law 108-447, is amended by 
     striking ``, for the continued modernization of the Mason 
     Building''.
       Sec. 6057. (a) Section 633 of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 2001 (as enacted into law by Public Law 
     106-553) and section 629 of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 2002 (Public Law 107-77) are each amended 
     by striking ``NTTC at Wheeling Jesuit University'' and 
     inserting ``West Virginia High Technology Consortium 
     Foundation''.
       (b) The amendments made by subsection (a) shall apply to 
     the remaining balances of the grants involved.


                    technical correction--bankruptcy

       Sec. 6058. (a) Section 325 of the Bankruptcy Abuse 
     Prevention and Consumer Protection Act of 2005 is amended to 
     read as follows:

     ``SEC. 325. UNITED STATES TRUSTEE PROGRAM FILING FEE 
                   INCREASE.

       ``(a) Bankruptcy Filing Fees.--Section 1930(a) of title 28, 
     United States Code, is amended--
       ``(1) by striking paragraph (1) and inserting the 
     following:
       ```(1) For a case commenced under--
       ```(A) chapter 7 of title 11, $220, and
       ```(B) chapter 13 of title 11, $150.'; and
       ``(2) in paragraph (3), by striking `$800' and inserting 
     `$1,000'.
       ``(b) United States Trustee System Fund.--Section 589a(b) 
     of title 28, United States Code, is amended--
       ``(1) by striking paragraph (1) and inserting the 
     following:
       ```(1)(A) 40.46 percent of the fees collected under section 
     1930(a)(1)(A); and
       ```(B) 28.33 percent of the fees collected under section 
     1930(a)(1)(B);'; and
       ``(2) in paragraph (2), by striking `one-half' and 
     inserting `55 percent'.
       ``(c) Collections and Deposits of Miscellaneous Bankruptcy 
     Fees.--Section 406(b) of the Judiciary Appropriations Act, 
     1990 (28 U.S.C. 1931 note) is amended by striking `pursuant 
     to 28 U.S.C. section 1930(b)' and all that follows through 
     `28 U.S.C. section 1931' and inserting `under section 1930(b) 
     of title 28, United States Code, 28.87 percent of the fees 
     collected under section 1930(a)(1)(A) of that title, 35.00 
     percent of the fees collected under section 1930(a)(1)(B) of 
     that title, and 25 percent of the fees collected under 
     section 1930(a)(3) of that title shall be deposited as 
     offsetting receipts to the fund established under section 
     1931 of that title'.''.
       (b) This section and the amendment made by this section 
     shall take effect immediately after the enactment of the 
     Bankruptcy Abuse Prevention and Consumer Protection Act of 
     2005.


                   department of commerce--conference

       Sec. 6059. Within the amount provided for the Department of 
     Commerce in division B of Public Law 108-447, the Secretary 
     of Commerce shall convene a national conference on science, 
     technology, trade and manufacturing.


                   technical correction--9/11 heroes

       Sec. 6060. Subsection (d) of the section 124 that appears 
     under the item relating to ``General Provisions--Department 
     of Justice'' of the Consolidated Appropriations Act of 2005 
     (Public Law 108-447) is amended--
       (1) in paragraph (2), by striking ``with the Secretary of 
     the Treasury to prepare and strike, on a reimbursable 
     basis,'' and inserting ``for striking''; and
       (2) by striking paragraph (3).


          TECHNICAL CORRECTIONS--DEPARTMENT OF TRANSPORTATION

       Sec. 6061. The matter under the heading ``Federal Transit 
     Administration, Capital Investment Grants'' in title I of 
     division H of Public Law 108-447 is amended by striking 
     ``$3,591,548'' and inserting ``$1,362,683'' and by striking 
     ``$22,554,144'' and inserting ``$12,998,815'': Provided, That 
     the amount of new fixed guideway funds available for each 
     project expected to complete its full funding grant agreement 
     this fiscal year shall not exceed the amount which, when 
     reduced by the across-the-board rescission of 0.80 percent of 
     such Act, is equal to the amount of new fixed guideway funds 
     required to complete the commitment of Federal new fixed 
     guideway funds reflected in the project's full funding grant 
     agreement: Provided further, That of the new fixed guideway 
     funds available in Public Law 108-447, $1,352,899 shall be 
     available for the Northern New Jersey Newark Rail Link MOS 1 
     project, no funds shall be available for the Northern New 
     Jersey Newark-Elizabeth Rail Line MOS 1 project, and $316,427 
     shall be available for the Northern New Jersey Hudson-Bergen 
     Light Rail MOS 1 project.
       Sec. 6062. Notwithstanding any other provision of law, in 
     section 1602 of the Transportation Equity Act for the 21st 
     Century, item number 744 is amended by striking ``Preliminary 
     design of Route 2 Connector to Downtown

[[Page 8483]]

     Fitchburg'' and inserting ``design, construction/
     reconstruction and right of way acquisition for roadway 
     improvements along the Route 12 corridor in Leominster and 
     Fitchburg to enhance access from Route 2 to North Leominster 
     and Downtown Fitchburg''.
       Sec. 6063. Section 198 of division H of Public Law 108-447 
     is amended by inserting ``under title 23 of the United States 
     Code'' after ``law''.


                        PAYMENTS TO AIR CARRIERS

       Sec. 6064. Notwithstanding any other provision of law, for 
     the current fiscal year and any period covered by an Act 
     making continuing appropriations for fiscal year 2006, all 
     overflight fees collected and credited to the account 
     established under section 45303(a) of title 49, United States 
     Code, shall be made available immediately for obligation and 
     expenditure to meet the costs of the essential air service 
     program under 49 U.S.C. 41731 through 41742: Provided, That, 
     if the funds in this account are insufficient to meet the 
     costs of the essential air service program in such fiscal 
     year, the Secretary of Transportation shall transfer such 
     sums as may be necessary to carry out the essential air 
     service program from any available amounts appropriated to or 
     directly administered by the Office of the Secretary for such 
     fiscal year.


                        Maritime Administration

       Sec. 6065. No provision of this Act may be construed as 
     altering or amending the force or effect of any of the 
     following provisions of law as currently applied:
       (1) Sections 2631 and 2631a of title 10, United States 
     Code.
       (2) Sections 901(b) and 901b of the Merchant Marine Act, 
     1936 (46 U.S.C. App. 1241(b), 1241f).
       (3) Public Resolution Numbered 17, Seventy-third Congress 
     (48 Stat. 500).
       (4) Any other similar provision of law requiring the use of 
     privately owned United States flag commercial vessels for 
     certain transportation purposes of the United States.


                             the judiciary

       Sec. 6066. Section 308 of division B of Public Law 108-447 
     is amended by striking all after the words ``shall be 
     deposited'', and inserting ``as offsetting receipts to the 
     fund established under 28 U.S.C. 1931 and shall remain 
     available to the Judiciary until expended to reimburse any 
     appropriation for the amount paid out of such appropriation 
     for expenses of the Courts of Appeals, District Courts, and 
     Other Judicial Services and the Administrative Offices of the 
     United States Courts.''.


         TECHNICAL CORRECTIONS--GENERAL SERVICES ADMINISTRATION

       Sec. 6067. Under the heading ``Federal Buildings Fund'' in 
     title IV of division H of Public Law 108-447, strike 
     ``$60,000,000'' and insert in lieu thereof ``$60,600,000'' in 
     reference to the Las Cruces United States Courthouse.
       Sec. 6068. Section 408 in title IV of division H of Public 
     Law 108-447 is amended by striking ``Section 572(a)(2)(ii)'' 
     and inserting in lieu thereof ``Section 572(a)(2)(A)(ii)''.


   TECHNICAL CORRECTIONS--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

       Sec. 6069. (a) The referenced statement of the managers 
     under the heading ``Community Development Fund'' in title II 
     of division I of Public Law 108-447 is deemed to be amended--
       (1) with respect to item 230 by striking ``City'' and 
     inserting ``Port'';
       (2) with respect to item 233 by inserting ``Port of'' 
     before the words ``Brookings Harbor''; and
       (3) with respect to item number 30 by inserting ``to be 
     used for planning, design, and construction'' after 
     ``California,''.
       Sec. 6070. The referenced statement of managers under the 
     heading ``Community Development Fund'' in title II of 
     division K of Public Law 108-7 is deemed to be amended--
       (1) with respect to item number 39 by striking ``Conference 
     and Workforce Center in Harrison, Arkansas'' and inserting 
     ``in Harrison, Arkansas for facilities construction of the 
     North Arkansas College Health Sciences Education Center''; 
     and
       (2) with respect to item number 316 by striking ``for 
     renovation of a visitor center to accommodate a Space and 
     Flight Center'' and inserting ``to build-out the Prince 
     George's County Economic Development and Business Assistance 
     Center''.
       Sec. 6071. The referenced statement of the managers under 
     the heading ``Community Development Fund'' in title II of 
     division G of Public Law 108-199 is deemed to be amended--
       (1) with respect to item number 56 by striking ``Conference 
     and Training Center'' and inserting ``North Arkansas College 
     Health Sciences Education Center'';
       (2) with respect to item number 102 by striking ``to the 
     Town of Groveland, California for purchase of a youth 
     center'' and inserting ``to the County of Tuolomne for the 
     purchase of a new youth center in the mountain community of 
     Groveland'';
       (3) with respect to item number 218 by striking ``for 
     construction'' and inserting ``for design and engineering'';
       (4) with respect to item number 472 by striking ``for 
     sidewalk, curbs and facade improvements in the Morton Avenue 
     neighborhood'' and inserting ``for streetscape renovation'';
       (5) with respect to item number 493 by striking ``for land 
     acquisition'' and inserting ``for planning and design of its 
     Sports and Recreation Center and Education Complex'';
       (6) with respect to item number 122 by inserting ``to be 
     used for planning, design, and construction'' after 
     ``California,'';
       (7) with respect to item number 369 by striking ``for the'' 
     after ``Michigan'' and inserting ``to be used for planning, 
     design, and construction of the''; and
       (8) with respect to item number 450 by striking 
     ``V.I.C.T.E.M. Family Center in Washoe County, Nevada for the 
     construction of a facility for multi-purpose social services 
     referral and victim counseling;'' and inserting ``Washoe 
     County, Nevada for a facility and equipment for the SART/
     CARES victim programs;''.
       Sec. 6072. The referenced statement of the managers under 
     the heading ``Community Development Fund'' in title II of 
     division I of Public Law 108-447 is deemed to be amended as 
     follows--
       (1) with respect to item number 706 by striking `` a public 
     swimming pool'' and inserting ``recreation fields'';
       (2) with respect to item number 667 by striking ``to the 
     Town of Appomattox, Virginia for facilities construction of 
     an African-American cultural and heritage museum at the 
     Carver-Price building'' and inserting ``to the County of 
     Appomattox, Virginia for renovation of the Carver-Price 
     building'';
       (3) with respect to item number 668 by striking ``for the 
     Town of South Boston, Virginia for renovations and creation 
     of a community arts center at the Prizery'' and inserting 
     ``for The Prizery in South Boston, Virginia for renovations 
     and creation of a community arts center'';
       (4) with respect to item number 669 by striking ``for the 
     City of Moneta, Virginia for facilities construction and 
     renovations of an art, education, and community outreach 
     center'' and inserting ``for the Moneta Arts, Education, and 
     Community Outreach Center in Moneta, Virginia for facilities 
     construction and renovations'';
       (5) with respect to item number 910 by striking ``repairs 
     to'' and inserting ``renovation and construction of'';
       (6) with respect to item number 902 by striking ``City of 
     Brooklyn'' and inserting ``Fifth Ave Committee in Brooklyn''; 
     and
       (7) with respect to item number 244 by inserting 
     ``Historic'' before the words ``Village, Inc''.
       Sec. 6073. (a) Section 222 of title II of division I of 
     Public Law 108-447 is deleted; and
       (b) Section 203(c)(1) of the National Housing Act (12 
     U.S.C. 1709(c)) is amended by--
       (1) striking ``subsections'' and inserting ``subsection'', 
     and
       (2) striking ``or (k)'' each place that it appears.
       Sec. 6074. Section 255(g) of the National Housing Act (12 
     U.S.C. 1715z-20(g)) is amended by striking ``150,000'' and 
     inserting ``250,000''.
       Sec. 6075. The matter under the heading relating to 
     ``Public and Indian Housing--public housing capital fund'' in 
     title II of the Department of Veterans Affairs and Housing 
     and Urban Development, and Independent Agencies 
     Appropriations Act, 2005 (enacted as Division I of the 
     Consolidated Appropriations Act, 2005 (Pub. L. 108-447, 118 
     Stat. 3297)) is amended by striking the 8th proviso and 
     inserting the following: ``: Provided further, That up to 
     $3,000,000 is to support the costs of administrative and 
     judicial receiverships''.


                            prepackaged news

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


          Local Budget Authority for the District of Columbia

       Sec. 6077. The District of Columbia Appropriations Act, 
     2005 (Public Law 108-335) approved October 18, 2004, is 
     amended as follows:
       (1) Section 331 is amended as follows:
       (A) in the first sentence by striking ``$15,000,000'' and 
     inserting ``$42,000,000, to remain available until 
     expended,'' in its place, and
       (B) by amending subsection (5) to read as follows:
       ``(5) The amounts may be obligated or expended only if the 
     Mayor notifies the Committees on Appropriations of the House 
     of Representatives and Senate in writing 30 days in advance 
     of any obligation or expenditure.''.
       (2) By inserting a new section before the short title at 
     the end to read as follows:
       ``Sec. 348. The amount appropriated by this Act may be 
     increased by an additional amount of $206,736,000 (including 
     $49,927,000 from local funds and $156,809,000 from other 
     funds) to be transferred by the Mayor of the District of 
     Columbia to the various headings under this Act as follows:
       ``(1) $174,927,000 (including $34,927,000 from local funds 
     and $140,000,000 from other funds) shall be transferred under 
     the heading `Government Direction and Support': Provided, 
     That of the funds, $33,000,000 from local funds shall remain 
     available until expended: Provided further, That of the 
     funds, $140,000,000 from other funds shall remain available 
     until expended and shall only be available in conjunction 
     with revenue from a private or alternative financing proposal 
     approved pursuant to section 106 of DC Act 15-717, the 
     `Ballpark Omnibus Financing and Revenue Act of 2004' approved 
     by the District of Columbia, December 29, 2004, and
       ``(2) $15,000,000 from local funds shall be transferred 
     under the heading `Repayment of Loans and Interest', and
       ``(3) $14,000,000 from other funds shall be transferred 
     under the heading `Sports and Entertainment Commission', and
       ``(4) $2,809,000 from other funds shall be transferred 
     under the heading `Water and Sewer Authority'.''.

[[Page 8484]]




            use of funds for emergency preparedness centers

       Sec. 6078. Section 114 of title I of division I of the 
     Consolidated Appropriations Act, 2005 (Public Law 108-447) is 
     amended by inserting before the period ``and section 303 of 
     Public Law 108-422''.


        collections deposited into project construction accounts

       Sec. 6079. Section 117 of title I of division I of the 
     Consolidated Appropriations Act, 2005 (Public Law 108-447) is 
     amended by striking ``that are deposited into the Medical 
     Care Collections Fund may be transferred and merged with'' 
     and inserting ``may be deposited into the''.


            contracts for hospital care and medical services

       Sec. 6080. Section 1703(d)(2) of title 38, United States 
     Code, is amended by striking ``shall be available for the 
     purposes'' and inserting ``shall be available, without fiscal 
     year limitation, for the purposes''.


     Implementation of Mission Changes at Specific Veterans Health 
                       Administration Facilities

       Sec. 6081. (a) In General.--Section 414 of the Veterans 
     Health Programs Improvement Act of 2004, is amended by adding 
     at the end the following:
       ``(h) Definition.--In this section, the term `medical 
     center' includes any outpatient clinic.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the Veterans Health 
     Programs Improvement Act of 2004 (Public Law 108-422).
       This division may be cited as the ``Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Tsunami Relief, 2005''.
                    DIVISION B--REAL ID ACT OF 2005

     SECTION 1. SHORT TITLE.

       This division may be cited as the ``REAL ID Act of 2005''.
 TITLE I--AMENDMENTS TO FEDERAL LAWS TO PROTECT AGAINST TERRORIST ENTRY

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

       (a) Conditions for Granting Asylum.--Section 208(b)(1) of 
     the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)) is 
     amended--
       (1) by striking ``The Attorney General'' the first place 
     such term appears and inserting the following:
       ``(A) Eligibility.--The Secretary of Homeland Security or 
     the Attorney General'';
       (2) by striking ``the Attorney General'' the second and 
     third places such term appears and inserting ``the Secretary 
     of Homeland Security or the Attorney General''; and
       (3) by adding at the end the following:
       ``(B) Burden of proof.--
       ``(i) In general.--The burden of proof is on the applicant 
     to establish that the applicant is a refugee, within the 
     meaning of section 101(a)(42)(A). To establish that the 
     applicant is a refugee within the meaning of such section, 
     the applicant must establish that race, religion, 
     nationality, membership in a particular social group, or 
     political opinion was or will be at least one central reason 
     for persecuting the applicant.
       ``(ii) Sustaining burden.--The testimony of the applicant 
     may be sufficient to sustain the applicant's burden without 
     corroboration, but only if the applicant satisfies the trier 
     of fact that the applicant's testimony is credible, is 
     persuasive, and refers to specific facts sufficient to 
     demonstrate that the applicant is a refugee. In determining 
     whether the applicant has met the applicant's burden, the 
     trier of fact may weigh the credible testimony along with 
     other evidence of record. Where the trier of fact determines 
     that the applicant should provide evidence that corroborates 
     otherwise credible testimony, such evidence must be provided 
     unless the applicant does not have the evidence and cannot 
     reasonably obtain the evidence.
       ``(iii) Credibility determination.--Considering the 
     totality of the circumstances, and all relevant factors, a 
     trier of fact may base a credibility determination on the 
     demeanor, candor, or responsiveness of the applicant or 
     witness, the inherent plausibility of the applicant's or 
     witness's account, the consistency between the applicant's or 
     witness's written and oral statements (whenever made and 
     whether or not under oath, and considering the circumstances 
     under which the statements were made), the internal 
     consistency of each such statement, the consistency of such 
     statements with other evidence of record (including the 
     reports of the Department of State on country conditions), 
     and any inaccuracies or falsehoods in such statements, 
     without regard to whether an inconsistency, inaccuracy, or 
     falsehood goes to the heart of the applicant's claim, or any 
     other relevant factor. There is no presumption of 
     credibility, however, if no adverse credibility determination 
     is explicitly made, the applicant or witness shall have a 
     rebuttable presumption of credibility on appeal.''.
       (b) Exceptions to Eligibility for Asylum.--Section 
     208(b)(2)(A)(v) of the Immigration and Nationality Act (8 
     U.S.C. 1158(b)(2)(A)(v)) is amended--
       (1) by striking ``inadmissible under'' each place such term 
     appears and inserting ``described in''; and
       (2) by striking ``removable under''.
       (c) Withholding of Removal.--Section 241(b)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is 
     amended by adding at the end the following:
       ``(C) Sustaining burden of proof; credibility 
     determinations.--In determining whether an alien has 
     demonstrated that the alien's life or freedom would be 
     threatened for a reason described in subparagraph (A), the 
     trier of fact shall determine whether the alien has sustained 
     the alien's burden of proof, and shall make credibility 
     determinations, in the manner described in clauses (ii) and 
     (iii) of section 208(b)(1)(B).''.
       (d) Other Requests for Relief From Removal.--Section 240(c) 
     of the Immigration and Nationality Act (8 U.S.C. 1230(c)) is 
     amended--
       (1) by redesignating paragraphs (4), (5), and (6) as 
     paragraphs (5), (6), and (7), respectively; and
       (2) by inserting after paragraph (3) the following:
       ``(4) Applications for relief from removal.--
       ``(A) In general.--An alien applying for relief or 
     protection from removal has the burden of proof to establish 
     that the alien--
       ``(i) satisfies the applicable eligibility requirements; 
     and
       ``(ii) with respect to any form of relief that is granted 
     in the exercise of discretion, that the alien merits a 
     favorable exercise of discretion.
       ``(B) Sustaining burden.--The applicant must comply with 
     the applicable requirements to submit information or 
     documentation in support of the applicant's application for 
     relief or protection as provided by law or by regulation or 
     in the instructions for the application form. In evaluating 
     the testimony of the applicant or other witness in support of 
     the application, the immigration judge will determine whether 
     or not the testimony is credible, is persuasive, and refers 
     to specific facts sufficient to demonstrate that the 
     applicant has satisfied the applicant's burden of proof. In 
     determining whether the applicant has met such burden, the 
     immigration judge shall weigh the credible testimony along 
     with other evidence of record. Where the immigration judge 
     determines that the applicant should provide evidence which 
     corroborates otherwise credible testimony, such evidence must 
     be provided unless the applicant demonstrates that the 
     applicant does not have the evidence and cannot reasonably 
     obtain the evidence.
       ``(C) Credibility determination.--Considering the totality 
     of the circumstances, and all relevant factors, the 
     immigration judge may base a credibility determination on the 
     demeanor, candor, or responsiveness of the applicant or 
     witness, the inherent plausibility of the applicant's or 
     witness's account, the consistency between the applicant's or 
     witness's written and oral statements (whenever made and 
     whether or not under oath, and considering the circumstances 
     under which the statements were made), the internal 
     consistency of each such statement, the consistency of such 
     statements with other evidence of record (including the 
     reports of the Department of State on country conditions), 
     and any inaccuracies or falsehoods in such statements, 
     without regard to whether an inconsistency, inaccuracy, or 
     falsehood goes to the heart of the applicant's claim, or any 
     other relevant factor. There is no presumption of 
     credibility, however, if no adverse credibility determination 
     is explicitly made, the applicant or witness shall have a 
     rebuttable presumption of credibility on appeal.''.
       (e) Standard of Review for Orders of Removal.--Section 
     242(b)(4) of the Immigration and Nationality Act (8 U.S.C. 
     1252(b)(4)) is amended by adding at the end, after 
     subparagraph (D), the following: ``No court shall reverse a 
     determination made by a trier of fact with respect to the 
     availability of corroborating evidence, as described in 
     section 208(b)(1)(B), 240(c)(4)(B), or 241(b)(3)(C), unless 
     the court finds, pursuant to section 242(b)(4)(B), that a 
     reasonable trier of fact is compelled to conclude that such 
     corroborating evidence is unavailable.''.
       (f) Clarification of Discretion.--Section 242(a)(2)(B) of 
     the Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) 
     is amended--
       (1) by inserting ``or the Secretary of Homeland Security'' 
     after ``Attorney General'' each place such term appears; and
       (2) in the matter preceding clause (i), by inserting ``and 
     regardless of whether the judgment, decision, or action is 
     made in removal proceedings,'' after ``other provision of 
     law,''.
       (g) Removal of Caps.--
       (1) Asylees.--Section 209 of the Immigration and 
     Nationality Act (8 U.S.C. 1159) is amended--
       (A) in subsection (a)(1)--
       (i) by striking ``Service'' and inserting ``Department of 
     Homeland Security''; and
       (ii) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security or the 
     Attorney General'';
       (B) in subsection (b)--
       (i) by striking ``Not more'' and all that follows through 
     ``asylum who--'' and inserting ``The Secretary of Homeland 
     Security or the Attorney General, in the Secretary's or the 
     Attorney General's discretion and under such regulations as 
     the Secretary or the Attorney General may prescribe, may 
     adjust to the status of an alien lawfully admitted for 
     permanent residence the status of any alien granted asylum 
     who--''; and
       (ii) in the matter following paragraph (5), by striking 
     ``Attorney General'' and inserting ``Secretary of Homeland 
     Security or the Attorney General''; and
       (C) in subsection (c), by striking ``Attorney General'' and 
     inserting ``Secretary of Homeland Security or the Attorney 
     General''.

[[Page 8485]]

       (2) Persons resisting coercive population control 
     methods.--Section 207(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1157(a)) is amended by striking paragraph (5).
       (h) Effective Dates.--
       (1) The amendments made by paragraphs (1) and (2) of 
     subsection (a) shall take effect as if enacted on March 1, 
     2003.
       (2) The amendments made by subsections (a)(3), (b), (c), 
     and (d) shall take effect on the date of the enactment of 
     this division and shall apply to applications for asylum, 
     withholding, or other relief from removal made on or after 
     such date.
       (3) The amendment made by subsection (e) shall take effect 
     on the date of the enactment of this division and shall apply 
     to all cases in which the final administrative removal order 
     is or was issued before, on, or after such date.
       (4) The amendments made by subsection (f) shall take effect 
     on the date of the enactment of this division and shall apply 
     to all cases pending before any court on or after such date.
       (5) The amendments made by subsection (g) shall take effect 
     on the date of the enactment of this division.
       (i) Repeal.--Section 5403 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458) is 
     repealed.

     SEC. 102. WAIVER OF LEGAL REQUIREMENTS NECESSARY FOR 
                   IMPROVEMENT OF BARRIERS AT BORDERS; FEDERAL 
                   COURT REVIEW.

       Section 102(c) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is 
     amended to read as follows:
       ``(c) Waiver.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security shall have the 
     authority to waive all legal requirements such Secretary, in 
     such Secretary's sole discretion, determines necessary to 
     ensure expeditious construction of the barriers and roads 
     under this section. Any such decision by the Secretary shall 
     be effective upon being published in the Federal Register.
       ``(2) Federal court review.--
       ``(A) In general.--The district courts of the United States 
     shall have exclusive jurisdiction to hear all causes or 
     claims arising from any action undertaken, or any decision 
     made, by the Secretary of Homeland Security pursuant to 
     paragraph (1). A cause of action or claim may only be brought 
     alleging a violation of the Constitution of the United 
     States. The court shall not have jurisdiction to hear any 
     claim not specified in this subparagraph.
       ``(B) Time for filing of complaint.--Any cause or claim 
     brought pursuant to subparagraph (A) shall be filed not later 
     than 60 days after the date of the action or decision made by 
     the Secretary of Homeland Security. A claim shall be barred 
     unless it is filed within the time specified.
       ``(C) Ability to seek appellate review.--An interlocutory 
     or final judgment, decree, or order of the district court may 
     be reviewed only upon petition for a writ of certiorari to 
     the Supreme Court of the United States.''.

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

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

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

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

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

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

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

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

       ``(V) to solicit any individual--

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

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

       ``(aa) for the commission of a terrorist activity;
       ``(bb) to any individual who the actor knows, or reasonably 
     should know, has committed or plans to commit a terrorist 
     activity;
       ``(cc) to a terrorist organization described in subclause 
     (I) or (II) of clause (vi) or to any member of such an 
     organization; or
       ``(dd) to a terrorist organization described in clause 
     (vi)(III), or to any member of such an organization, unless 
     the actor can demonstrate by clear and convincing evidence 
     that the actor did not know, and should not reasonably have 
     known, that the organization was a terrorist organization.''.
       (c) Terrorist Organization Defined.--Section 
     212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(3)(B)(vi)) is amended to read as follows:
       ``(vi) Terrorist organization defined.--As used in this 
     section, the term `terrorist organization' means an 
     organization--

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

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

     SEC. 104. WAIVER FOR CERTAIN GROUNDS OF INADMISSIBILITY.

       Section 212(d)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)(3)) is amended--
       (1) by striking ``(3)'' and inserting ``(3)(A)'';
       (2) by striking ``alien (A)'' and inserting ``alien (i)'';
       (3) by striking ``or (B)'' and inserting ``or (ii)''; and
       (4) by adding at the end the following:
       ``(B)(i) The Secretary of State, after consultation with 
     the Attorney General and the Secretary of Homeland Security, 
     or the Secretary of Homeland Security, after consultation 
     with the Secretary of State and the Attorney General, may 
     conclude in such Secretary's sole unreviewable discretion 
     that subsection (a)(3)(B)(i)(IV)(bb) or (a)(3)(B)(i)(VII) 
     shall not apply to an alien, that subsection 
     (a)(3)(B)(iv)(VI) shall not apply with respect to any 
     material support an alien afforded to an organization or 
     individual that has engaged in a terrorist activity, or that 
     subsection (a)(3)(B)(vi)(III) shall not apply to a group 
     solely by virtue of having a subgroup within the scope of 
     that subsection. The Secretary of State may not, however, 
     exercise discretion under this clause with respect to an 
     alien once removal proceedings against the alien are 
     instituted under section 240.
       ``(ii) Not later than 90 days after the end of each fiscal 
     year, the Secretary of State and the Secretary of Homeland 
     Security shall each provide to the Committees on the 
     Judiciary of the House of Representatives and of the Senate, 
     the Committee on International Relations of the House of 
     Representatives, the Committee on Foreign Relations of the 
     Senate, and the Committee on Homeland Security of the House 
     of Representatives a report on the aliens to whom such 
     Secretary has applied clause (i). Within one week of applying 
     clause (i) to a group, the Secretary of State or the 
     Secretary of Homeland Security shall provide a report to such 
     Committees.''.

[[Page 8486]]



     SEC. 105. REMOVAL OF TERRORISTS.

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

     SEC. 106. JUDICIAL REVIEW OF ORDERS OF REMOVAL.

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

     SEC. 201. DEFINITIONS.

       In this title, the following definitions apply:
       (1) Driver's license.--The term ``driver's license'' means 
     a motor vehicle operator's license, as defined in section 
     30301 of title 49, United States Code.
       (2) Identification card.--The term ``identification card'' 
     means a personal identification card, as defined in section 
     1028(d) of title 18, United States Code, issued by a State.
       (3) Official purpose.--The term ``official purpose'' 
     includes but is not limited to accessing Federal facilities, 
     boarding federally regulated commercial aircraft, entering 
     nuclear power plants, and any other purposes that the 
     Secretary shall determine.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (5) State.--The term ``State'' means a State of the United 
     States, the District of Columbia, Puerto Rico, the Virgin 
     Islands, Guam, American Samoa, the Northern Mariana Islands, 
     the Trust Territory of the Pacific Islands, and any other 
     territory or possession of the United States.

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

       (a) Minimum Standards for Federal Use.--
       (1) In general.--Beginning 3 years after the date of the 
     enactment of this division, a Federal agency may not accept, 
     for any official purpose, a driver's license or 
     identification card issued by a State to any person unless 
     the State is meeting the requirements of this section.
       (2) State certifications.--The Secretary shall determine 
     whether a State is meeting the requirements of this section 
     based on certifications made by the State to the Secretary. 
     Such certifications shall be made at such times and in such 
     manner as the Secretary, in consultation with the Secretary 
     of Transportation, may prescribe by regulation.
       (b) Minimum Document Requirements.--To meet the 
     requirements of this section, a State shall include, at a 
     minimum, the following information and features on each 
     driver's license and identification card issued to a person 
     by the State:
       (1) The person's full legal name.
       (2) The person's date of birth.
       (3) The person's gender.
       (4) The person's driver's license or identification card 
     number.
       (5) A digital photograph of the person.
       (6) The person's address of principle residence.
       (7) The person's signature.
       (8) Physical security features designed to prevent 
     tampering, counterfeiting, or duplication of the document for 
     fraudulent purposes.
       (9) A common machine-readable technology, with defined 
     minimum data elements.
       (c) Minimum Issuance Standards.--
       (1) In general.--To meet the requirements of this section, 
     a State shall require, at a minimum, presentation and 
     verification of the following information before issuing a 
     driver's license or identification card to a person:
       (A) A photo identity document, except that a non-photo 
     identity document is acceptable if it includes both the 
     person's full legal name and date of birth.
       (B) Documentation showing the person's date of birth.
       (C) Proof of the person's social security account number or 
     verification that the person is not eligible for a social 
     security account number.
       (D) Documentation showing the person's name and address of 
     principal residence.
       (2) Special requirements.--
       (A) In general.--To meet the requirements of this section, 
     a State shall comply with the minimum standards of this 
     paragraph.
       (B) Evidence of lawful status.--A State shall require, 
     before issuing a driver's license or identification card to a 
     person, valid documentary evidence that the person--
       (i) is a citizen or national of the United States;
       (ii) is an alien lawfully admitted for permanent or 
     temporary residence in the United States;
       (iii) has conditional permanent resident status in the 
     United States;
       (iv) has an approved application for asylum in the United 
     States or has entered into the United States in refugee 
     status;

[[Page 8487]]

       (v) has a valid, unexpired nonimmigrant visa or 
     nonimmigrant visa status for entry into the United States;
       (vi) has a pending application for asylum in the United 
     States;
       (vii) has a pending or approved application for temporary 
     protected status in the United States;
       (viii) has approved deferred action status; or
       (ix) has a pending application for adjustment of status to 
     that of an alien lawfully admitted for permanent residence in 
     the United States or conditional permanent resident status in 
     the United States.
       (C) Temporary drivers' licenses and identification cards.--
       (i) In general.--If a person presents evidence under any of 
     clauses (v) through (ix) of subparagraph (B), the State may 
     only issue a temporary driver's license or temporary 
     identification card to the person.
       (ii) Expiration date.--A temporary driver's license or 
     temporary identification card issued pursuant to this 
     subparagraph shall be valid only during the period of time of 
     the applicant's authorized stay in the United States or, if 
     there is no definite end to the period of authorized stay, a 
     period of one year.
       (iii) Display of expiration date.--A temporary driver's 
     license or temporary identification card issued pursuant to 
     this subparagraph shall clearly indicate that it is temporary 
     and shall state the date on which it expires.
       (iv) Renewal.--A temporary driver's license or temporary 
     identification card issued pursuant to this subparagraph may 
     be renewed only upon presentation of valid documentary 
     evidence that the status by which the applicant qualified for 
     the temporary driver's license or temporary identification 
     card has been extended by the Secretary of Homeland Security.
       (3) Verification of documents.--To meet the requirements of 
     this section, a State shall implement the following 
     procedures:
       (A) Before issuing a driver's license or identification 
     card to a person, the State shall verify, with the issuing 
     agency, the issuance, validity, and completeness of each 
     document required to be presented by the person under 
     paragraph (1) or (2).
       (B) The State shall not accept any foreign document, other 
     than an official passport, to satisfy a requirement of 
     paragraph (1) or (2).
       (C) Not later than September 11, 2005, the State shall 
     enter into a memorandum of understanding with the Secretary 
     of Homeland Security to routinely utilize the automated 
     system known as Systematic Alien Verification for 
     Entitlements, as provided for by section 404 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (110 Stat. 3009-664), to verify the legal presence status of 
     a person, other than a United States citizen, applying for a 
     driver's license or identification card.
       (d) Other Requirements.--To meet the requirements of this 
     section, a State shall adopt the following practices in the 
     issuance of drivers' licenses and identification cards:
       (1) Employ technology to capture digital images of identity 
     source documents so that the images can be retained in 
     electronic storage in a transferable format.
       (2) Retain paper copies of source documents for a minimum 
     of 7 years or images of source documents presented for a 
     minimum of 10 years.
       (3) Subject each person applying for a driver's license or 
     identification card to mandatory facial image capture.
       (4) Establish an effective procedure to confirm or verify a 
     renewing applicant's information.
       (5) Confirm with the Social Security Administration a 
     social security account number presented by a person using 
     the full social security account number. In the event that a 
     social security account number is already registered to or 
     associated with another person to which any State has issued 
     a driver's license or identification card, the State shall 
     resolve the discrepancy and take appropriate action.
       (6) Refuse to issue a driver's license or identification 
     card to a person holding a driver's license issued by another 
     State without confirmation that the person is terminating or 
     has terminated the driver's license.
       (7) Ensure the physical security of locations where 
     drivers' licenses and identification cards are produced and 
     the security of document materials and papers from which 
     drivers' licenses and identification cards are produced.
       (8) Subject all persons authorized to manufacture or 
     produce drivers' licenses and identification cards to 
     appropriate security clearance requirements.
       (9) Establish fraudulent document recognition training 
     programs for appropriate employees engaged in the issuance of 
     drivers' licenses and identification cards.
       (10) Limit the period of validity of all driver's licenses 
     and identification cards that are not temporary to a period 
     that does not exceed 8 years.
       (11) In any case in which the State issues a driver's 
     license or identification card that does not satisfy the 
     requirements of this section, ensure that such license or 
     identification card--
       (A) clearly states on its face that it may not be accepted 
     by any Federal agency for federal identification or any other 
     official purpose; and
       (B) uses a unique design or color indicator to alert 
     Federal agency and other law enforcement personnel that it 
     may not be accepted for any such purpose.
       (12) Provide electronic access to all other States to 
     information contained in the motor vehicle database of the 
     State.
       (13) Maintain a State motor vehicle database that contains, 
     at a minimum--
       (A) all data fields printed on drivers' licenses and 
     identification cards issued by the State; and
       (B) motor vehicle drivers' histories, including motor 
     vehicle violations, suspensions, and points on licenses.

     SEC. 203. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN 
                   FALSE IDENTIFICATION DOCUMENTS.

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

     SEC. 204. GRANTS TO STATES.

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

     SEC. 205. AUTHORITY.

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

     SEC. 206. REPEAL.

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

     SEC. 207. LIMITATION ON STATUTORY CONSTRUCTION.

       Nothing in this title shall be construed to affect the 
     authorities or responsibilities of the Secretary of 
     Transportation or the States under chapter 303 of title 49, 
     United States Code.
      TITLE III--BORDER INFRASTRUCTURE AND TECHNOLOGY INTEGRATION

     SEC. 301. VULNERABILITY AND THREAT ASSESSMENT.

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

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

       (a) Pilot Program.--Not later than 180 days after the date 
     of the enactment of this division, the Under Secretary of 
     Homeland Security for Science and Technology, in consultation 
     with the Under Secretary of Homeland Security for Border and 
     Transportation Security, the Under Secretary of Homeland 
     Security for Information Analysis and Infrastructure 
     Protection, and the Secretary of Defense, shall develop a 
     pilot program to utilize, or increase the utilization of, 
     ground surveillance technologies to enhance the border 
     security of the United States. In developing the program, the 
     Under Secretary shall--
       (1) consider various current and proposed ground 
     surveillance technologies that could be utilized to enhance 
     the border security of the United States;
       (2) assess the threats to the border security of the United 
     States that could be addressed by the utilization of such 
     technologies; and
       (3) assess the feasibility and advisability of utilizing 
     such technologies to address such threats, including an 
     assessment of the technologies considered best suited to 
     address such threats.
       (b) Additional Requirements.--
       (1) In general.--The pilot program shall include the 
     utilization of a variety of ground surveillance technologies 
     in a variety of topographies and areas (including both 
     populated and unpopulated areas) on both the northern and 
     southern borders of the United

[[Page 8488]]

     States in order to evaluate, for a range of circumstances--
       (A) the significance of previous experiences with such 
     technologies in homeland security or critical infrastructure 
     protection for the utilization of such technologies for 
     border security;
       (B) the cost, utility, and effectiveness of such 
     technologies for border security; and
       (C) liability, safety, and privacy concerns relating to the 
     utilization of such technologies for border security.
       (2) Technologies.--The ground surveillance technologies 
     utilized in the pilot program shall include the following:
       (A) Video camera technology.
       (B) Sensor technology.
       (C) Motion detection technology.
       (c) Implementation.--The Under Secretary of Homeland 
     Security for Border and Transportation Security shall 
     implement the pilot program developed under this section.
       (d) Report.--Not later than 1 year after implementing the 
     pilot program under subsection (a), the Under Secretary shall 
     submit a report on the program to the Senate Committee on 
     Commerce, Science, and Transportation, the House of 
     Representatives Committee on Science, the House of 
     Representatives Committee on Homeland Security, and the House 
     of Representatives Committee on the Judiciary. The Under 
     Secretary shall include in the report a description of the 
     program together with such recommendations as the Under 
     Secretary finds appropriate, including recommendations for 
     terminating the program, making the program permanent, or 
     enhancing the program.

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

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this division, the Secretary of Homeland 
     Security, acting through the Under Secretary of Homeland 
     Security for Border and Transportation Security, in 
     consultation with the Under Secretary of Homeland Security 
     for Science and Technology, the Under Secretary of Homeland 
     Security for Information Analysis and Infrastructure 
     Protection, the Assistant Secretary of Commerce for 
     Communications and Information, and other appropriate 
     Federal, State, local, and tribal agencies, shall develop and 
     implement a plan--
       (1) to improve the communications systems of the 
     departments and agencies of the Federal Government in order 
     to facilitate the integration of communications among the 
     departments and agencies of the Federal Government and State, 
     local government agencies, and Indian tribal agencies on 
     matters relating to border security; and
       (2) to enhance information sharing among the departments 
     and agencies of the Federal Government, State and local 
     government agencies, and Indian tribal agencies on such 
     matters.
       (b) Report.--Not later than 1 year after implementing the 
     plan under subsection (a), the Secretary shall submit a copy 
     of the plan and a report on the plan, including any 
     recommendations the Secretary finds appropriate, to the 
     Senate Committee on Commerce, Science, and Transportation, 
     the House of Representatives Committee on Science, the House 
     of Representatives Committee on Homeland Security, and the 
     House of Representatives Committee on the Judiciary.
                      TITLE IV--TEMPORARY WORKERS

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Save Our Small and 
     Seasonal Businesses Act of 2005''.

     SEC. 402. NUMERICAL LIMITATIONS ON H-2B WORKERS.

       (a) In General.--Section 214(g) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)) is amended by adding at 
     the end the following:
       ``(9)(A) Subject to subparagraphs (B) and (C), an alien who 
     has already been counted toward the numerical limitations of 
     paragraph (1)(B) during any 1 of the 3 fiscal years prior to 
     the fiscal year of the approved start date of a petition for 
     a nonimmigrant worker described in section 
     101(a)(15)(H)(ii)(b) shall not be counted toward such 
     limitation for the fiscal year in which the petition is 
     approved. Such an alien shall be considered a returning 
     worker.
       ``(B) A petition referred to in subparagraph (A) shall 
     include, with respect to a returning worker--
       ``(i) all information and evidence that the Secretary of 
     Homeland Security determines is required to support a 
     petition for status under section 101(a)(15)(H)(ii)(b);
       ``(ii) the full name of the alien; and
       ``(iii) a certification to the Department of Homeland 
     Security that the alien is a returning worker.
       ``(C) An H-2B visa or grant of nonimmigrant status for a 
     returning worker shall be approved only if the alien is 
     confirmed to be a returning worker by--
       ``(i) the Department of State; or
       ``(ii) if the alien is visa exempt or seeking to change to 
     status under section 101 (a)(15)(H)(ii)(b), the Department of 
     Homeland Security.''.
       (b) Effective Date.--
       (1) In general.--The amendment in subsection (a) shall take 
     effect as if enacted on October 1, 2004, and shall expire on 
     October 1, 2006.
       (2) Implementation.--Not later than 14 days after the date 
     of the enactment of this Act, the Secretary of Homeland 
     Security shall begin accepting and processing petitions filed 
     on behalf of aliens described in section 101(a)(15)(H)(ii)(b) 
     of the Immigration and Nationality Act, in a manner 
     consistent with this section and the amendments made by this 
     section. Notwithstanding section 214(g)(9)(B) of such Act, as 
     added by subsection (a), the Secretary of Homeland Security 
     shall allocate additional numbers for fiscal year 2005 based 
     on statistical estimates and projections derived from 
     Department of State data.

     SEC. 403. FRAUD PREVENTION AND DETECTION FEE.

       (a) Imposition of Fee.--Section 214(c) of the Immigration 
     and Nationality Act (8 U.S.C. 1184(c)), as amended by section 
     426(a) of division J of the Consolidated Appropriations Act, 
     2005 (Public Law 108-447), is amended by adding at the end 
     the following:
       ``(13)(A) In addition to any other fees authorized by law, 
     the Secretary of Homeland Security shall impose a fraud 
     prevention and detection fee on an employer filing a petition 
     under paragraph (1) for nonimmigrant workers described in 
     section 101(a)(15)(H)(ii)(b).
       ``(B) The amount of the fee imposed under subparagraph (A) 
     shall be $150.''.
       (b) Use of Fees.--
       (1) Fraud prevention and detection account.--Subsection (v) 
     of section 286 of the Immigration and Nationality Act (8 
     U.S.C. 1356), as added by section 426(b) of division J of the 
     Consolidated Appropriations Act, 2005 (Public Law 108-447), 
     is amended--
       (A) in paragraphs (1), (2)(A), (2)(B), (2)(C), and (2)(D) 
     by striking ``H1-B and L'' each place it appears;
       (B) in paragraph (1), as amended by subparagraph (A), by 
     striking ``section 214(c)(12)'' and inserting ``paragraph 
     (12) or (13) of section 214(c)'';
       (C) in paragraphs (2)(A)(i) and (2)(B), as amended by 
     subparagraph (A), by striking ``(H)(i)'' each place it 
     appears and inserting ``(H)(i), (H)(ii),''; and
       (D) in paragraph (2)(D), as amended by subparagraph (A), by 
     inserting before the period at the end ``or for programs and 
     activities to prevent and detect fraud with respect to 
     petitions under paragraph (1) or (2)(A) of section 214(c) to 
     grant an alien nonimmigrant status described in section 
     101(a)(15)(H)(ii)''.
       (2) Conforming amendment.--The heading of such subsection 
     (v) of section 286 is amended by striking ``H1-B and L''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect 14 days after the date of the 
     enactment of this Act and shall apply to filings for a fiscal 
     year after fiscal year 2005.

     SEC. 404. SANCTIONS.

       (a) In General.--Section 214(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(c)), as amended by section 
     403, is further amended by adding at the end the following:
       ``(14)(A) If the Secretary of Homeland Security finds, 
     after notice and an opportunity for a hearing, a substantial 
     failure to meet any of the conditions of the petition to 
     admit or otherwise provide status to a nonimmigrant worker 
     under section 101(a)(15)(H)(ii)(b) or a willful 
     misrepresentation of a material fact in such petition--
       ``(i) the Secretary of Homeland Security may, in addition 
     to any other remedy authorized by law, impose such 
     administrative remedies (including civil monetary penalties 
     in an amount not to exceed $10,000 per violation) as the 
     Secretary of Homeland Security determines to be appropriate; 
     and
       ``(ii) the Secretary of Homeland Security may deny 
     petitions filed with respect to that employer under section 
     204 or paragraph (1) of this subsection during a period of at 
     least 1 year but not more than 5 years for aliens to be 
     employed by the employer.
       ``(B) The Secretary of Homeland Security may delegate to 
     the Secretary of Labor, with the agreement of the Secretary 
     of Labor, any of the authority given to the Secretary of 
     Homeland Security under subparagraph (A)(i).
       ``(C) In determining the level of penalties to be assessed 
     under subparagraph (A), the highest penalties shall be 
     reserved for willful failures to meet any of the conditions 
     of the petition that involve harm to United States workers.
       ``(D) In this paragraph, the term `substantial failure' 
     means the willful failure to comply with the requirements of 
     this section that constitutes a significant deviation from 
     the terms and conditions of a petition.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2005.

     SEC. 405. ALLOCATION OF H-2B VISAS OR H-2B NONIMMIGRANT 
                   STATUS DURING A FISCAL YEAR.

       Section 214(g) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)), as amended by section 402, is further 
     amended by adding at the end the following new paragraph:
       ``(10) The numerical limitations of paragraph (1)(B) shall 
     be allocated for a fiscal year so that the total number of 
     aliens subject to such numerical limits who enter the United 
     States pursuant to a visa or are accorded nonimmigrant status 
     under section 101(a)(15)(H)(ii)(b) during the first 6 months 
     of such fiscal year is not more than 33,000.''.

     SEC. 406. SUBMISSION TO CONGRESS OF INFORMATION REGARDING H-
                   2B NONIMMIGRANTS.

       Section 416 of the American Competitiveness and Workforce 
     Improvement Act of 1998 (title IV of division C of Public Law 
     105-277; 8 U.S.C. 1184 note) is amended--
       (1) by striking ``Attorney General'' each place that term 
     appears and inserting ``Secretary of Homeland Security''; and
       (2) by adding at the end the following new subsection:
       ``(d) Provision of Information.--

[[Page 8489]]

       ``(1) Semiannual notification.--Beginning not later than 
     March 1, 2006, the Secretary of Homeland Security and the 
     Secretary of State shall notify, on a semiannual basis, the 
     Committees on the Judiciary of the House of Representatives 
     and the Senate of the number of aliens who during the 
     preceding 1-year period--
       ``(A) were issued visas or otherwise provided nonimmigrant 
     status under section 101(a)(15)(H)(ii)(b) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)); or
       ``(B) had such a visa or such status be revoked or 
     otherwise terminated.
       ``(2) Annual submission.--Beginning in fiscal year 2007, 
     the Secretary of Homeland Security and the Secretary of State 
     shall submit, on an annual basis, to the Committees on the 
     Judiciary of the House of Representatives and the Senate--
       ``(A) information on the countries of origin of, 
     occupations of, and compensation paid to aliens who were 
     issued visas or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(ii)(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) during the 
     previous fiscal year;
       ``(B) the number of aliens who had such a visa or such 
     status expire or be revoked or otherwise terminated during 
     each month of such fiscal year; and
       ``(C) the number of aliens who were provided nonimmigrant 
     status under such section during both such fiscal year and 
     the preceding fiscal year.
       ``(3) Information maintained by state.--If the Secretary of 
     Homeland Security determines that information maintained by 
     the Secretary of State is required to make a submission 
     described in paragraph (1) or (2), the Secretary of State 
     shall provide such information to the Secretary of Homeland 
     Security upon request.''.

     SEC. 407. EXEMPTION FROM ADMINISTRATIVE PROCEDURE ACT.

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

     SEC. 501. RECIPROCAL VISAS FOR NATIONALS OF AUSTRALIA.

       (a) In General.--Section 101(a)(15)(E) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended--
       (1) by adding at the end ``or (iii) solely to perform 
     services in a specialty occupation in the United States if 
     the alien is a national of the Commonwealth of Australia and 
     with respect to whom the Secretary of Labor determines and 
     certifies to the Secretary of Homeland Security and the 
     Secretary of State that the intending employer has filed with 
     the Secretary of Labor an attestation under section 
     212(t)(1);''; and
       (2) in clause (i), by striking ``or'' after ``national;''.
       (b) Numerical Limitation to Any Single Foreign State.--
     Section 214(g) of such Act (8 U.S.C. 1184(g)), as amended by 
     section 405, is further amended by adding at the end the 
     following new paragraph:
       ``(11)(A) The Secretary of State may not approve a number 
     of initial applications submitted for aliens described in 
     section 101(a)(15)(E)(iii) that is more than the applicable 
     numerical limitation set out in this paragraph.
       ``(B) The applicable numerical limitation referred to in 
     subparagraph (A) is 10,500 for each fiscal year.
       ``(C) The applicable numerical limitation referred to in 
     subparagraph (A) shall only apply to principal aliens and not 
     to the spouses or children of such aliens.''.
       (c) Specialty Occupation Defined.--Section 214(i)(1) of 
     such Act (8 U.S.C. 1184(i)(1)) is amended by inserting ``, 
     section 101(a)(15)(E)(iii),'' after ``section 
     101(a)(15)(H)(i)(b)''.
       (d) Attestation.--Section 212(t) of such Act (8 U.S.C. 
     1182(t)), as added by section 402(b)(2) of the United States-
     Chile Free Trade Agreement Implementation Act (Public Law 
     108-77; 117 Stat. 941), is amended--
       (1) by inserting ``or section 101(a)(15)(E)(iii)'' after 
     ``section 101(a)(15)(H)(i)(b1)'' each place it appears; and
       (2) in paragraphs (3)(C)(i)(II), (3)(C)(ii)(II), and 
     (3)(C)(iii)(II) by striking ``or 101(a)(15)(H)(i)(b1)'' each 
     place it appears and inserting ``101(a)(15)(H)(i)(b1), or 
     101(a)(15)(E)(iii)''.

     SEC. 502. VISAS FOR NURSES.

       Section 106(d) of the American Competitiveness in the 
     Twenty-first Century Act of 2000 (Public Law 106-313; 8 
     U.S.C. 1153 note) is amended--
       (1) in paragraph (1), by inserting before the period at the 
     end of the second sentence ``and any such visa that is made 
     available due to the difference between the number of 
     employment-based visas that were made available in fiscal 
     year 2001, 2002, 2003, or 2004 and the number of such visas 
     that were actually used in such fiscal year shall be 
     available only to employment-based immigrants (and their 
     family members accompanying or following to join under 
     section 203(d) of such Act (8 U.S.C. 1153(d))) whose 
     immigrant worker petitions were approved based on schedule A, 
     as defined in section 656.5 of title 20, Code of Federal 
     Regulations, as promulgated by the Secretary of Labor'';
       (2) in paragraph (2)(A), by striking ``and 2000'' and 
     inserting ``through 2004''; and
       (3) in paragraph (2), by amending subparagraph (B) to read 
     as follows:
       ``(B)(i) Reduction.--The number described in subparagraph 
     (A) shall be reduced, for each fiscal year after fiscal year 
     2001, by the cumulative number of immigrant visas actually 
     used under paragraph (1) for previous fiscal years.
       ``(ii) Maximum.--The total number of visas actually used 
     under paragraph (1) may not exceed 50,000.''.
       And the Senate agree to the same.
       That the House recede from its disagreement to the 
     amendment of the Senate to the title of the bill and concur 
     in the same.
     Jerry Lewis,
     C.W. Bill Young,
     Ralph Regula,
     Harold Rogers,
     Frank R. Wolf,
     Jim Kolbe,
     James T. Walsh,
     Charles H. Taylor,
     David L. Hobson,
     Henry Bonilla,
     Joe Knollenberg,
     John P. Murtha,
     Norman D. Dicks,
     Alan B. Mollohan,
     Peter J. Visclosky,
     Chet Edwards,
                                Managers on the Part of the House.

     Thad Cochran,
     Ted Stevens,
     Pete V. Domenici,
     Christopher S. Bond,
     Mitch McConnell,
     Richard C. Shelby,
     Judd Gregg,
     Robert F. Bennett,
     Larry Craig,
     Kay Bailey Hutchison,
     Mike DeWine,
     Sam Brownback,
     Wayne Allard,
     Robert C. Byrd,
     Daniel K. Inouye,
     Patrick Leahy
       (with exception for REAL ID),
     Tom Harkin
       (with exception for REAL ID),
     Barbara Mikulski
       (with exception for REAL ID),
     Harry Reid
       (with exception for REAL ID),
     Byron L. Dorgan
       (with res.--conference did not reconvene),
     Dianne Feinstein
       (with exception for REAL ID),
     Tim Johnson,
     Mary Landrieu,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendments of the Senate to the bill (H.R. 1268) making 
     emergency supplemental appropriations for the fiscal year 
     ending September 30, 2005, and for other purposes, submit the 
     following joint statement to the House and the Senate in 
     explanation of the effects of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report.
       Report language included in the reports of the House (H. 
     Rept. 109-16) and of the Senate (S. Rept. 109-52) 
     accompanying H.R. 1268 should be complied with unless 
     specifically addressed in this statement of the managers. The 
     statement of the managers, while repeating some report 
     language for emphasis, is not intended to negate the language 
     referred to above unless expressly provided herein.
       This conference agreement is organized by subject matter. 
     Due to certain jurisdictional differences between the 
     subcommittees of the House and the Senate Committees on 
     Appropriations, the accounts and programs of certain 
     subcommittees are, in some cases, displayed within titles or 
     chapters with the accounts and programs of other 
     subcommittees. The organizational structure of this 
     conference agreement does not predetermine the organization 
     of conference agreements on the fiscal year 2006 
     appropriations bills.

                Title I--Defense-Related Appropriations

       The conference agreement recommends $75,888,262,000 for the 
     Department of Defense, instead of $76,923,910,000, as 
     proposed by the House, and $74,800,257,000, as proposed by 
     the Senate.
       The following table provides details of the supplemental 
     appropriations for the Department of Defense--Military.

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                Measuring Stability and Security in Iraq

       In the wake of the recent Iraqi elections, public discourse 
     about the u.S. occupation of that country has focused on the 
     need for and the advisability of declaring a timetable for 
     U.S. military withdrawal. Instead of focusing on exit 
     strategies, however, the conferees believe there is a need to 
     recast this debate by considering ``strategies for success''. 
     Success in Iraq will be achieved, of course, only to the 
     extent any new Iraqi government can legitimately and 
     effectively rule the country, which in turn largely depends 
     on that government's ability to protect its people and secure 
     its borders.
       The discussion on this issue should not be simply about how 
     many Iraqi forces have been trained and equipped, but about 
     how many can perform to reasonable standards so that they may 
     be expected to successfully conduct their assigned missions. 
     This is the basis for assessing U.S. military readiness, and 
     should serve as the basis for judging the capabilities of 
     Iraqi security forces.
       The conferees believe that the Administration must develop 
     and provide to the Congress a more comprehensive set of 
     performance indicators and measures of stability and security 
     in Iraq than is currently available. This undoubtedly will 
     lead to a more informed debate over how best to allocate U.S. 
     resources to help secure Iraq. As such, the conferees direct 
     the Secretary of Defense (in consultation with other 
     appropriate members of the , National Security Council) to 
     provide a report to the Speaker of the House of 
     Representatives, the Majority Leader of the Senate, and the 
     congressional defense committees that identifies security, 
     economic, and Iraqi security force training performance 
     standards and goals, accompanied by a notional timetable for 
     achieving these goals. At a minimum, the report should 
     include detailed descriptions of the following:
       Stability and Security in Iraq:
         Key measures of political stability, including 
     the important political milestones that must be achieved over 
     the next several years.
         The primary indicators of a stable security 
     environment in Iraq, such as number of engagements per day, 
     numbers of trained Iraqi forces, trends describing numbers 
     and types of ethnic and religious-based hostile encounters, 
     and so on. In addition, the report should include:
     --The estimated strength of the Iraqi insurgency and the 
         extent to which it is composed of non-Iraqi fighters; 
         and,
     --A description of all militia operating in Iraq, including 
         the number, size, equipment strength, military 
         effectiveness, sources of support, legal status, and 
         efforts to disarm or reintegrate each militia.
         The key indicators of economic activity that 
     should be considered as the most important for determining 
     the prospects of stability in Iraq, including: unemployment 
     levels; electricity, water, and oil production rates; and 
     hunger and poverty levels.
         The criteria the Administration will use to 
     determine when it is safe to begin withdrawing our forces 
     from Iraq.
       Security Force Training and Performance:
         The training Iraqi military and other Ministry of 
     Defense forces have received and what equipment they are 
     using. In particular, the report should include the key 
     criteria for assessing the capabilities and readiness of the 
     Iraqi military forces, goals for achieving certain capability 
     and readiness levels (as well as for recruiting, training, 
     and equipping these forces), and the milestones and notional 
     timetable for achieving these goals.
         The operational readiness status of the Iraqi 
     military forces, including: the type, number, size, and 
     organizational structure of Iraqi battalions that are:
     --Capable of conducting counterinsurgency operations 
         independently;
     --Capable of conducting counterinsurgency operations with the 
         support of U.S. or coalition forces; and,
     --Not ready to conduct counterinsurgency operations.
         The rates of absenteeism in the Iraqi military 
     forces and the extent to which insurgents have infiltrated 
     these forces.
         The training Iraqi police and other Ministry of 
     Interior forces have received and what equipment they are 
     using. In particular, the report should include the key 
     criteria for assessing the capabilities and readiness of 
     these forces, goals for achieving certain capability and 
     readiness levels (as well as for recruiting, training, and 
     equipping), and the milestones and notional timetable for 
     achieving these goals. This should include:
     --The number of police recruits that have received classroom 
         training and the duration of such instruction;
     --The number of veteran police officers who have received 
         classroom instruction and the duration of such 
         instruction;
     --The number of police candidates screened by the Iraqi 
         Police Screening Service, the number of candidates 
         derived from other entry procedures, and the success 
         rates of those groups of candidates;
     --The number of Iraqi police forces who have received field 
         training by international police trainers and the 
         duration of such instruction; and,
     --Attrition rates and measures of absenteeism and 
         infiltration by insurgents.
         The estimated total number of Iraqi battalions 
     needed for the Iraqi security forces to perform duties now 
     being undertaken by coalition forces, including defending 
     Iraq's borders and providing adequate levels of law and order 
     throughout the country.
         The effectiveness of the Iraqi military and 
     police officer cadres and the chain of command.
         The number of U.S. and coalition advisors needed 
     to support the Iraqi security forces and associated 
     ministries.
       Finally, the conferees direct the Secretary to include in 
     this report (or classified annex to the report, as necessary) 
     an assessment of U.S. military requirements, including 
     planned force rotations, through the end of calendar year 
     2006. The conferees direct the Secretary to submit this 
     report not later than 60 days after the enactment of this 
     Act, and every 90 days thereafter through the end of fiscal 
     year 2006.

                          Classified Programs

       Recommended adjustments to classified programs are 
     addressed in a classified annex accompanying this report.

                        Veteran-Owned Businesses

       The conferees are aware that Presidential Executive Order 
     13360, issued on October 20, 2004, established a goal of not 
     less than 3 percent for participation by service-disabled 
     veteran-owned businesses in Federal contracting with the 
     Department of Defense and all Federal agencies. The conferees 
     note with concern that the Department is far from reaching 
     that goal with only 0.2 percent of total prime contracts and 
     0.3 percent of total subcontracts awarded to service-disabled 
     veteran-owned business in fiscal year 2003. The conferees 
     would encourage the Department to follow the intent of 
     Executive Order 13360 and make every effort to increase 
     contracting opportunities with service-disabled veteran-owned 
     businesses and to report to the congressional defense 
     committees not later than September 30, 2005 a plan of action 
     to reach the goal established by the President.

                           MILITARY PERSONNEL

       The conference agreement recommends $17,446,686,000 for the 
     Military Personnel accounts, instead of $17,067,094,000 as 
     proposed by the House, and $17,531,786,000 as proposed by the 
     Senate. Adjustments to the Military Personnel accounts are 
     shown below:

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[[Page 8495]]

                       OPERATION AND MAINTENANCE

       The conference agreement recommends $37,100,948,000 for the 
     Operation and maintenance accounts, instead of 
     $37,568,336,000 as proposed by the House, and $37,438,852,000 
     as proposed by the Senate. Adjustments to the Operation and 
     maintenance accounts are shown below:

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                   Medical Support for Tactical Units

       The conferees recommend an increase of $150,000,000 in 
     Operation and Maintenance, Army, to address medical 
     requirements for those tactical units currently deployed to 
     or returning from the Iraq or Afghanistan theaters. The 
     conferees encourage the Department of the Army to focus these 
     funds on the replenishment of medical supply and equipment 
     needs within the combat theaters, to include bandages and 
     other blood-clotting supplies that utilize advanced 
     hemostatic, wound-dressing technologies, and on the provision 
     of medical care for soldiers who have returned home in a 
     medical holdover status.

                       Critical Medical Research

       The conferees believe the military treatment facilities and 
     other medical research and teaching organizations of the 
     Department of Defense are playing a critical role in support 
     of our forces serving in harm's way in Iraq and Afghanistan. 
     The conferees note that these facilities and organizations 
     have provided and are continuing to provide much needed 
     improvements in critical care for military personnel who have 
     been wounded in battle.
       The conferees recognize the need for maintaining all of our 
     military medical facilities in time of war, believing the 
     continuation of this capability to be of the highest 
     importance. As such, the conferees direct that funding 
     available to the Department of Defense should not be used to 
     close any military medical facility which is conducting 
     critical medical research, or medical training, or caring for 
     wounded soldiers.

           Telephone Calling Cards for Injured Servicemembers

       The conferees commend the individuals, organizations, and 
     corporations who have donated telephone cards for use by 
     injured servicemembers recuperating from injuries sustained 
     while serving in the Global War on Terrorism. The conferees 
     encourage the Services to distribute the donated cards to all 
     military treatment facilities providing care to those injured 
     during contingency operations. The Services should also 
     ensure that servicemembers recuperating in Fisher Houses, 
     Malone Houses, or similar rehabilitation facilities are 
     provided phone cards on a similar basis.

                   Post Deployment Stand-Down Program

       The conferees are aware of the success of the Air National 
     Guard's Post Deployment Stand-down Program. The conferees 
     direct the Director, Army National Guard, in consultation 
     with the Director, Air National Guard, to assess the 
     feasibility and advisability of implementing a similar 
     program for the Army National Guard. The Director, Army 
     National Guard shall report his findings and recommendations 
     to the congressional defense committees not later than 
     September 30, 2005.

             Overseas Humanitarian, Disaster and Civic Aid

       The conference agreement does not include $10,000,000 for 
     Overseas Humanitarian, Disaster and Civic Aid proposed by the 
     House.

                    Afghanistan Security Forces Fund

       The conference agreement includes $1,285,000,000 for the 
     Afghanistan Security Forces Fund to accelerate efforts to 
     provide assistance to Afghan Security Forces. The agreement 
     includes a transfer of $290,000,000 from this fund to the 
     Operation and Maintenance, Army account, as proposed by the 
     Senate.

                       Iraq Security Forces Fund

       The conference agreement includes $5,700,000,000 for the 
     Iraq Security Forces Fund to accelerate efforts to provide 
     assistance to Iraqi Security Forces. The agreement includes a 
     transfer of $210,000,000 from this fund to the Operation and 
     Maintenance, Army account, as proposed by the Senate.

                              Procurement

       The conference agreement includes a total of 
     $17,378,594,000 for various procurement appropriations, 
     instead of $18,317,255,000 as proposed by the House and 
     $15,872,045,000 as proposed by the Senate.
       The following table identifies changes made to the request 
     and other funding provided.

[[Page 8501]]

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[[Page 8502]]

     TS02MY05.010
     


[[Page 8503]]

     TS02MY05.011
     


[[Page 8504]]

     TS02MY05.012
     


[[Page 8505]]

     TS02MY05.013
     


[[Page 8506]]

     TS02MY05.014
     


[[Page 8507]]

                               Modularity

       The conferees direct the Secretary of Defense to submit to 
     the congressional defense committees a report, not later than 
     September 1, 2005, detailing the Department of Defense's 
     long-range plan for executing and funding the Army's Modular 
     Force initiative (Modularity). The report should identify 
     personnel and equipment requirements, unit restructuring 
     timelines, and associated costs. In addition, the conferees 
     are concerned that the budgeting methods employed to support 
     this initiative may result in inefficient program management 
     and acquisition practices. Accordingly, the conferees direct 
     that this report also include DoD plans to review multi-year 
     procurement authority or any other measures to ensure the DoD 
     can contract for required equipment as efficiently as 
     possible.

                 Up-Armored HMMWV Reporting Requirement

       The conferees direct the Secretary of Defense to submit a 
     report to the congressional defense committees not later than 
     60 days after enactment of this Act, and every 60 days 
     thereafter until the termination of Operation Iraqi Freedom, 
     setting forth the current requirements of the Armed Forces 
     for Up-Armored High Mobility Multipurpose Wheeled Vehicles 
     (HMMWVs). In addition, the conferees direct the Secretary of 
     Defense to submit a report to the congressional defense 
     committees not later than 60 days after enactment of this Act 
     setting forth the most effective and efficient options 
     available to the Department of Defense for transporting Up-
     Armored HMMWVs to Iraq and Afghanistan.

          Joint Improvised Explosive Device (IED) Neutralizer

       Improvised Explosive Devices (IEDs) continue to kill and 
     seriously injure U.S. Service men and women as they prosecute 
     the Global War on Terrorism. The conferees are deeply 
     concerned that currently employed counter-IED technology has 
     failed to achieve desired results for our warfighters. The 
     conferees are aware of a new direct discharge technology, 
     known as Joint IED Neutralizer or JIN, which has recently 
     demonstrated the capability to effectively neutralize IEDs. 
     The conferees strongly encourage the Department of Defense to 
     procure and employ JIN for counter-IED operations.

                             LITENING PODS

       The conferees clarify that funding in the bill for 
     additional F/A-18 LITENING pods is available for all 
     Expeditionary Marine Corps F/A-18 aircraft.

                       Special Operations Command

       The conference agreement provides $475,627,000, an increase 
     of $55,000,000 above the President's request, as proposed by 
     the House, for equipment required by the United States 
     Special Operations Command (USSOCOM) to prosecute the Global 
     War on Terrorism. The conferees agree that from the 
     additional funding provided $20,000,000 shall be for the 
     procurement of Multi-Band/Multi Mission radios and that 
     $5,000,000 shall be for Silver Fox Unmanned Aerial Vehicles. 
     The conferees have adjusted the amounts in the project level 
     table for the Communications Equipment and Electronics and 
     the Small Arms and Weapons lines accordingly. The conferees 
     are aware that, subsequent to the submission of the 
     President's request, another Special Operations Combat Talon 
     II aircraft was lost, significantly diminishing the combat 
     capabilities of USSOCOM. The conferees agree that the 
     remaining $30,000,000 of the funds provided above the request 
     shall be used for a combat loss replacement aircraft.

               Research, Development, Test and Evaluation

       The conference agreement provides a total of $587,282,000 
     for Research, Development, Test and Evaluation 
     appropriations, instead of $508,321,000 as proposed by the 
     House, and $552,322,000, as proposed by the Senate. The 
     following table identifies changes made to the request and 
     other funding provided.

[[Page 8508]]

     TS02MY05.015
     


[[Page 8509]]

 High Speed, Heavy Lift, Shallow Draft-Capable Watercraft Demonstration

       The Department of Defense Appropriations Act, 2005 (Public 
     Law 108-287) appropriated $6,300,000 under ``Research, 
     Development, Test and Evaluation, Navy'' for the Varicraft 
     program. To clarify the intent of Congress, the funding 
     provided for this program in P. L. 108-287 is intended for 
     the High Speed, Heavy Lift, Shallow Draft-Capable Watercraft 
     Demonstration.

                       DDX Permanent Magnet Motor

       The conferees agree with language included in the Senate 
     report regarding the DDX permanent magnet motor and direct 
     that not less than $5,000,000 of the funds provided in this 
     Act for ``Research, Development, Test and Evaluation, Navy'' 
     be made available for this program.

                     Revolving and Management Funds

                     Defense Working Capital Funds

       The conference agreement includes $1,511,300,000 for the 
     Defense Working Capital Funds, instead of $1,411,300,000 as 
     proposed by the House, and $1,311,300,000 as proposed by the 
     Senate, to be allocated as follows:

                       [In thousands of dollars]


                                                             Conference
Defense Logistics Agency (DLA) Fuel Costs.......................842,300
Military Sealift Command Fuel Costs..............................67,000
DLA Fuel Delivery Costs.........................................402,000
Navy Working Capital Fund.......................................200,000

                     National Defense Sealift Fund

       The conference agreement provides $32,400,000, as proposed 
     by both the House and the Senate.

                  Other Department of Defense Programs

                         Defense Health Program

       The conference agreement provides $210,550,000 for the 
     Defense Health Program, instead of $175,550,000 as proposed 
     by the House and $225,550,000 as proposed by the Senate. The 
     increase above the request is directed to fund additional 
     workload at Army military treatment facilities as a result of 
     the global war on terrorism, including mental health and 
     combat stress related care.

            Chemical Agents and Munitions Destruction, Army

       The conferees strongly endorse the Senate Report language 
     in its entirety with respect to Chemical Agents and Munitions 
     Destruction and direct the Department of Defense to fully 
     comply with the two reporting requirements therein.

         Drug Interdiction and Counter-Drug Activities, Defense

       The conference agreement provides $242,000,000, instead of 
     $257,000,000 as proposed by the House, and $227,000,000 as 
     proposed by the Senate.

                    Office of the Inspector General

       The conference agreement provides $148,000 as proposed by 
     both the House and the Senate.

                            Related Agencies

               Inteliigence Community Management Account

       The conference agreement provides $250,300,000 as proposed 
     by both the House and the Senate.

                       Military Construction Army

       The conference agreement includes $847,191,000, instead of 
     $930,100,000 as proposed by the House and $897,191,000 as 
     proposed by the Senate. The conference agreement also makes 
     these funds available until September 30, 2006 as proposed by 
     the House, instead of September 30, 2007 as proposed by the 
     Senate. The funds are provided as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Conference
                   Location                            Project description            Request        agreement
----------------------------------------------------------------------------------------------------------------
Alaska: Fort Wainwright.......................  Aircraft Maintenance Hangar.....      31,000,000      31,000,000
Alaska: Fort Wainwright.......................  Site Preparation and Utility          11,000,000      11,000,000
                                                 Work.
Colorado: Fort Carson.........................  Barracks--Mobilization and            26,000,000      26,000,000
                                                 Training.
Georgia: Fort Benning.........................  Site Preparation and Utility          10,000,000      10,000,000
                                                 Work.
Kansas: Fort Riley............................  Barracks--Mobilization and            22,000,000      22,000,000
                                                 Training.
Kansas: Fort Riley............................  Site Preparation and Utility          25,000,000      25,000,000
                                                 Work.
New York: Fort Drum...........................  Aircraft Hangar and Site              37,000,000      37,000,000
                                                 Preparation.
North Carolina: Fort Bragg....................  Site Preparation and Utility          19,000,000      19,000,000
                                                 Work.
Texas: Fort Bliss.............................  Barracks--Mobilization and            22,000,000      22,000,000
                                                 Training.
Texas: Fort Bliss.............................  Site Preparation and Utility          47,000,000      47,000,000
                                                 Work.
Afghanistan: Bagram...........................  CMU Barracks....................      16,100,000      16,100,000
Afghanistan: Bagram...........................  Fuel Tank Farm..................      57,000,000  ..............
Afghanistan: Bagram...........................  JSOTF-A Joint Operations Center.       6,400,000       6,400,000
Afghanistan: Bagram...........................  Prime Power Generator...........      31,600,000  ..............
Afghanistan: Kandahar.........................  Ammunition Supply Point.........      16,000,000      16,000,000
Cuba: Guantanamo Bay..........................  Camp 6 Detention Facility.......      36,000,000      36,000,000
Cuba: Guantanamo Bay..........................  Radio Range Security Fence......       4,400,000       4,400,000
Iraq: Camp Hope...............................  CMU Barracks....................       2,500,000       2,500,000
Iraq: Camp Taji...............................  CMU Barracks....................      24,600,000      24.600,000
Iraq: Camp Warrior............................  Medical Facility................       7,500,000       7,500,000
Iraq: Camp Warrior............................  Tactical Ops Building...........       6,100,000       6,100,000
Iraq: LSA Anaconda............................  Battalion and Company HQ........       7,800,000       7,800,000
Iraq: LSA Anaconda............................  Equipment Support Activity......      17,100,000      17,100,000
Iraq: LSA Anaconda............................  Hospital Facility...............      39,000,000      39,000,000
Iraq: Marez...................................  CMU Barracks....................       9,300,000       9,300,000
Iraq: Marez...................................  Combat Support Hospital.........       9,900,000       9,900,000
Iraq: Marez...................................  Troop Medical Clinic............       2,900,000       2,900,000
Iraq: Muthanna................................  Harden Ammunition Bunkers.......      11,300,000      11,300,000
Iraq: Various Locations.......................  CMU Barracks....................      55,200,000      55,200,000
Iraq: Various Locations.......................  Main Supply Route Aspen.........      36,000,000      36,000,000
Iraq: Various Locations.......................  Overhead Cover System...........     300,000,000     250,000,000
Worldwide Unspecified.........................  Planning and Design.............      43,400,000      39,091,000
                                                                                 -------------------------------
    Total.....................................  ................................     990,100,000     847,191,000
----------------------------------------------------------------------------------------------------------------

       Overhead Cover Systems and CMU Barracks.--The conference 
     agreement includes funds for overhead cover systems and 
     concrete masonry unit barracks to strengthen force protection 
     measures to better protect troops against indirect fire 
     attack. The conferees expect the Department to focus its 
     force protection efforts on identified threats facing troops 
     in Operation Iraqi Freedom and Operation Enduring Freedom 
     such as rocket propelled grenades and mortar artillery. In 
     doing so, the Department should purchase existing force 
     protection technology that has been field-tested and 
     certified against such threats, including, but not limited 
     to, mortar-proof canopies and housing and blast resistant 
     barriers.

              Military Construction, Navy and Marine Corps

       The conference agreement includes $139,880,000, instead of 
     $92,720,000 as proposed by the House and $107,380,000 as 
     proposed by the Senate. The Conference agreement also makes 
     these funds available until September 30, 2006 as proposed by 
     the House, instead of September 30, 2007 as proposed by the 
     Senate. The funds are provided as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Conference
                   Location                            Project description            Request        agreement
----------------------------------------------------------------------------------------------------------------
California: Camp Pendleton....................  Force Intel Operations Center...       8,700,000       8,700,000
California: Camp Pendleton....................  Force Recon PLT Facility........       4,980,000       4,980,000
California: Twentynine Palms..................  LAR Company BEQ.................      11,900,000      11,900,000
North Carolina: Camp Lejeune..................  Mod 2D LAR Operations Complex...       3,840,000       3,840,000
North Carolina: Camp Lejeune..................  Maintenance Complex, 1/9........       5,880,000       5,880,000
North Carolina: Camp Lejeune..................  BEQ 1/9.........................      30,480,000      30,480,000
North Carolina: Camp Lejeune..................  Mod Force Recon Operations             3,240,000       3,240,000
                                                 Complex.
North Carolina: Camp Lejeune..................  BEQ \2/9\.......................  ..............      32,500,000
Djibouti: Camp Lemonier.......................  Personnel Billeting.............      27,710,000      27,710,000
Djibouti: Camp Lemonier.......................  Security Fence..................       2,760,000       2,760,000
Worldwide Unspecified.........................  Planning and Design.............       7,890,000       7,890,000
                                                                                 -------------------------------
    Total.....................................  ................................     107,380,000  139,880,000063
                                                                                                               4
----------------------------------------------------------------------------------------------------------------

               Marine Corps Force Structure Review Group

       The Department of Defense requested $75,020,000 in 
     emergency funding for the Marine Corps Force Structure Review 
     Group (FSRG) initiative, which will provide additional combat 
     forces within the Marine Corps' current end-strength of 
     175,000. By increasing the number of combat-ready marines 
     while turning over less essential tasks to civilians, FSRG 
     will help to alleviate the overall stress on the Marine Corps 
     produced by deployments related to the Global War on 
     Terrorism. While the conferees understand and support this 
     initiative, they are concerned over the manner in which the 
     military construction requirements were programmed and 
     budgeted. Although the FSRG initiative was set in motion in 
     April 2004, no funding for FSRG military construction was 
     programmed into the fiscal year 2006 budget request. The 
     Marine Corps and DOD instead chose to use this supplemental 
     request as the sole vehicle for funding the FSRG, yet the 
     emergency appropriation requested provides only half of the 
     fiscal year 2005 requirement. The conferees are disappointed 
     that the FSRG was deemed important and urgent enough to 
     proceed immediately, yet the appropriate budgeting decisions 
     were not given commensurate priority. The conferees expect 
     that future military construction requests for the Marine 
     Corps, including any fiscal year 2006 budget amendment, will 
     include the necessary funding to accommodate the force 
     structure and basing decisions being made under FSRG.
       The conferees also note that the request was submitted 
     prior to the final basing decision for the second of two new 
     infantry battalions, the 1st and 2nd Battalions, 9th Marine 
     Regiment, to be created under FSRG. After submission of the 
     request, the Marine Corps confirmed that both battalions will 
     be stationed at Camp Lejeune, North Carolina. These two 
     battalions will add 1,904 marines at Camp Lejeune, more than 
     half of the projected net increase of 3,546 to the base 
     population under FSRG. A field visit to Camp Lejeune 
     confirmed that the installation does not currently have 
     adequate billeting for the existing base population, let 
     alone the two battalions that the Marine Corps will begin 
     standing up this year. The present occupancy rate at the camp 
     already greatly exceeds the Marine Corps standard, and this 
     situation will worsen under FSRG without remedial action. The 
     conferees believe that additional unaccompanied housing is 
     urgently needed at Camp Lejeune, and agree to provide 
     $32,500,000 for the construction of

[[Page 8510]]

     bachelor enlisted quarters in support of the marines of the 
     2/9 Battalion.

                    Military Construction, Air Force

       The conference agreement includes $140,983,000 as proposed 
     by the Senate, instead of $301,386,000 as proposed by the 
     House. The conference agreement also makes these. funds 
     available until September 30, 2006 as proposed by the House, 
     instead of September 30, 2007 as proposed by the Senate. The 
     funds are provided as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Conference
                   Location                            Project description            Request        agreement
----------------------------------------------------------------------------------------------------------------
Afghanistan: Bagram...........................  East Side Ramp/Support                17,600,000      17,600,000
                                                 Facilities/Infra.
Afghanistan: Bagram...........................  Control Tower...................      10,200,000      10,200,000
Afghanistan: Bagram...........................  Cargo Handling Area.............       1,800,000       1,800,000
Afghanistan: Bagram...........................  Coalition Forces Ramp...........       1,400,000       1,400,000
Iraq: Balad...................................  CSAR/JSOAD/Medevac Alert........       8,000,000       8,000,000
Iraq: Balad...................................  Construct and Repair Munitions         2,700,000       2,700,000
                                                 Roads.
Iraq: Balad...................................  Repair/lnstall Airfield Lighting      25,000,000      15,000,000
Iraq: Balad...................................  Hot Cargo Pad...................       3,500,000       3,500,000
Iraq: Balad...................................  Cargo/Marshalling Area..........      15,000,000      15,000,000
Iraq: Balad...................................  Special Operations Compound.....       2,850,000       2,850,000
Iraq: Tallil..................................  Temporary Cantonment Area.......      10,800,000      10,800,000
Kuwait: Ali Al Salem..........................  Aerial Port.....................      75,500,000  ..............
UAE: Al Dhafra................................  ISR Launch, Recovery and Maint        66,000,000  ..............
                                                 Complex.
UAE: Al Dhafra................................  Aircraft Engine Run-up Pad......       1,400,000       1,400,000
Uzbekistan: Karshi-Khanabad...................  Replace/Extend Runway and             42,500,000      42,500,000
                                                 Taxiways.
Worldwide Unspecified.........................  Planning and Design.............      17,270,000       8,233,OOO
    Total.....................................  ................................     301,520,000     140,983,000
----------------------------------------------------------------------------------------------------------------

       Aerial Port, Ali Al Salem Air Base, Kuwait.--The Air Force 
     requests $75,500,000 to construct the first phase of an 
     Aerial Port at Ali Al Salem Air Base in Kuwait. The 
     conference agreement provides no funding for this facility at 
     this time.
       The conferees support the United States presence in Kuwait 
     and appreciate the longstanding cooperation between our two 
     nations. The conferees also recognize the desire of the 
     Government of Kuwait to move U.S. aerial port operations out 
     of Kuwait City International Airport (KCIA) in order to free 
     space at the airport for other uses. However, for several 
     reasons, the conferees have declined to recommend funding for 
     a new aerial port facility at this time.
       The $75,500,000 in emergency supplemental appropriations 
     requested for this facility would fund only the first phase 
     of a nearly half-billion dollar plan for infrastructure 
     improvements at Ali Al Salem. However, given construction 
     times and the limited scope of the project proposed here, the 
     first phase would provide neither emergency relief nor a 
     complete replacement of the extant port capacity at KCIA. In 
     addition, since submission of the supplemental request, the 
     Air Force has learned that extensive runway repair at Ali Al 
     Salem will be required for the base to accommodate the volume 
     and type of air traffic envisioned in aerial port operations.
       Moreover, as both the House and the Senate noted in their 
     respective reports, the United States does not currently have 
     a formal agreement with the host nation regarding future use 
     of this facility or the sharing of costs for subsequent 
     construction phases. Consequently, it is not possible for the 
     conferees to determine the commitment the United States would 
     be undertaking by providing the first phase of funding now. 
     The conferees also believe that because of uncertainties 
     regarding the future of other facilities in the region, there 
     is some question as to whether an extensive aerial port 
     facility in Kuwait will be required for the long-term. The 
     conferees are not opposed to a U.S. contribution to what 
     would be a mutually beneficial project, but encourage the 
     Defense Department to first negotiate with the Government of 
     Kuwait an agreement regarding appropriate phasing, use, and 
     cost-sharing.
       ISR Launch and Recovery Facility and Maintenance Complex, 
     Al Dhafra Air Base, United Arab Emirates--The Air Force 
     requests $66,000,000 to build these facilities. The 
     conference agreement provides no funding for these facilities 
     at this time.
       As with the aerial port facility in Kuwait, this facility 
     represents more a long-term investment in enduring 
     infrastructure than it does an immediate response to 
     emergency requirements. ISR operations have been conducted 
     successfully from Al Dhafra for several years and while it 
     would be more convenient to conduct operations from permanent 
     rather than expeditionary facilities, the conferees do not 
     believe this is a compelling argument for emergency 
     appropriations. As is the case with Ali Al Salem, this 
     project is only part of extensive additional construction 
     envisioned at Al Dhafra, yet no agreement covering use or 
     cost sharing has been negotiated with the host nation. The 
     conferees recognize and value the extensive and ongoing 
     cooperation between the United States and the United Arab 
     Emirates and are not opposed in principle to a U.S. 
     contribution to infrastructure investments at Al Dhafra. 
     However, the conferees believe investment in this project 
     would be inappropriate on an emergency basis and premature at 
     this time.

 Items of Interest to the Military Quality of Life Subcommittee of the 
     House and the Military Construction Subcommittee of the Senate

       Requested Reports.--The Department of Defense has submitted 
     the long overdue overseas basing master plans; therefore, the 
     conference agreement does not include a provision under the 
     military construction accounts to prohibit the obligation of 
     funds until these plans were submitted as proposed by the 
     House. The Senate bill contained no similar provision.
       The House report included a request for additional 
     information from the Army, Marine Corps, and Air Force on 
     issues related to the supplemental request. The Army reports 
     were received on April 7, 2005. The Marine Corps and Air 
     Force reports have not been received. The conferees are 
     concerned with the Executive Branch's lack of responsiveness 
     to Congressional requests and expect the Secretary and the 
     Director of OMB to take steps to make this a high priority.
       Budgeting for Enduring Installations.--The conferees 
     approve of the Department's improved master planning efforts 
     for overseas facilities, including those in the Central 
     Command (CENTCOM) area of responsibility. A key benefit of 
     master planning is the alignment of strategic objectives with 
     budget needs over a long period of time. The conferees 
     believe CENTCOM's master planning initiative is sufficiently 
     well developed to enable future military construction at 
     enduring facilities in the region to be incorporated into the 
     regular authorization and appropriations process. The 
     conferees expect the Department to pursue such initiatives 
     through that avenue rather than through emergency 
     appropriations.

                     General Provisions--This Title

       The conferees agree to retain and amend section 1001, as 
     proposed by the House and Senate, which provides the 
     Secretary of Defense authority to transfer up to 
     $3,000,000,000 of funds made available in this title.
       The conferees agree to retain and amend section 1002, as 
     proposed by the House and the Senate, which amends section 
     8005 of the Department of Defense Appropriations Act, 2005 to 
     provide an additional $2,685,000,000 in transfer authority.
       The conferees agree to delete language, as proposed by the 
     House, which provides that funds in the Defense Cooperation 
     Account may be transferred to other defense accounts.
       The conferees agree to retain section 1003, as proposed by 
     the House and Senate, which provides that not more than 
     $34,000,000 may be available for counter-drug activities of 
     Afghanistan and $4,000,000 may be available for counter-drug 
     activities of Pakistan.
       The conferees agree to retain section 1004, as proposed by 
     the House and Senate, which provides additional authority for 
     extraordinary and emergency expenses.
       The conferees agree to retain section 1005, as proposed by 
     the House and Senate which makes technical changes to 
     language which provides that during the current fiscal year 
     working capital funds of the Department of Defense may 
     increase the limitation on advance billing to $1,500,000,000.
       The conferees agree to delete language, as proposed by the 
     Senate, which provides that from funds made available in this 
     Act under ``Operation and Maintenance, Defense-Wide'', 
     $10,000,000 may be used to purchase and dispose of weapons. 
     The conferees agree to provide for weapons buy back in 
     section 1006, the Commander's Emergency. Response Program.
       The conferees agree to retain and amend section 1006, as 
     proposed by the House and Senate, which provides that section 
     1201(a) of the National Defense Authorization Act for Fiscal 
     Year 2005, as amended by the Consolidated Appropriations Act, 
     2005 is further amended by striking ``$500,000,000'' and 
     inserting ``$854,000,000'' for the Commander's Emergency 
     Response Program.
       The conferees agree to retain section 1007, as proposed by 
     the House and Senate, which increases the amount of the funds 
     for a classified program pursuant to section 8090(b) in 
     Public Law 108-287.
       The conferees agree to retain section 1008, as proposed by 
     the House, which waives, for calendar year 2005 only, the 
     $200,000 limitation on total compensation for civilian 
     employees while in the Central Command's area of 
     responsibility in support of military operations.
       The conferees agree to retain section 1009, as proposed by 
     the House and Senate, which provides the Director of National 
     Intelligence (DNI) additional flexibility with respect to 
     filling the additional positions authorized for the Office of 
     the DNI.
       The conferees agree to retain section 1010, as proposed by 
     the House, which extends the authority for support to 
     coalition liaison officers contained in the 2003 National 
     Defense Authorization Act through December 31, 2005.
       The conferees agree to retain section 1011, as proposed by 
     the House and Senate, which includes a provision for 
     authority to increase the maximum amount of the reserve 
     affiliation bonus not to exceed $10,000.
       The conferees agree to retain and amend section 1012, as 
     proposed by the House and

[[Page 8511]]

     Senate, which amends title 38, to increase the maximum amount 
     of coverage available for the Servicemembers' Group Life 
     Insurance program to $400,000.
       The conferees agree to retain and amend section 1013, as 
     proposed by the House and Senate, which increases the death 
     gratuity for combat and combat-related deaths, and provides a 
     one-time retroactive death gratuity for--a member for the 
     increased coverage of the Servicemembers' Group Life 
     Insurance and increased amount of the death gratuity.
       The conferees agree to delete language, as proposed by the 
     Senate, which amends chapter 75 of title 10, to rename the 
     death gratuity payable for deaths of members of the Armed 
     Forces as ``Fallen Hero Compensation''.
       The conferees agree to retain and amend section 1014, as 
     proposed by the House and Senate, which provides that funds 
     appropriated or made available by transfer for intelligence 
     activities are deemed to be authorized for purposes of 
     section 504 of the National Security Act of 1947.
       The conferees agree to retain and amend section 1015, as 
     proposed by the House and Senate, which prohibits funds 
     provided in this Act to finance programs or activities denied 
     by Congress, or to initiate a new start program without prior 
     notification to the congressional defense committees, except 
     for certain Army ammunition programs.
       The conferees agree to retain and amend section 1016, as 
     proposed by the Senate, regarding chemical weapons 
     demilitarization and the Assembled Chemical Weapons 
     Alternatives program.
       The conferees agree to retain and amend section 1017, as 
     proposed by the Senate, which amends section 115 of division 
     H of the fiscal year 2004 Consolidated Appropriations Act to 
     provide grant authority. The conferees include language to 
     provide grant authority for Woody Island from funds available 
     for this purpose in ``Operation and Maintenance, Army'' in 
     the fiscal year 2005 Defense Appropriations Act.
       The conferees agree to retain section 1018, as proposed by 
     the Senate, which transfers $19,000,000 from ``Shipbuilding 
     and Conversion, Navy, 2005/2009'' for the LCU(X) program to 
     ``Shipbuilding and Conversion, Navy, 1996/2008'' for the LPD-
     17 program; and designates this provision as an emergency 
     requirement.
       The conferees agree to retain and amend section 1019, as 
     proposed by the Senate, which prohibits funds, made available 
     in this Act, or by prior Acts, to be used to implement a 
     winner-take-all strategy for the acquisition of DD(X), the 
     next generation Navy destroyer.
       The conferees agree to retain section 1020, as proposed by 
     the Senate, which prohibits funds appropriated to the 
     Department of Defense, by this Act or any other Act for 
     fiscal year 2005 or any other fiscal year, from being used 
     for any pay raise that is based on an employee's status as a 
     career or non-career employee.
       The conferees agree to retain section 1021, as proposed by 
     the Senate, which earmarks $12,500,000 from funds made 
     available in the Department of Defense Appropriations Act, 
     2005 only for industrial mobilization capacity at Rock Island 
     Arsenal.
       The conferees agree to retain and amend section 1022, as 
     proposed by the Senate which extends the period of temporary 
     continuation of Basic Allowance for Housing for dependents of 
     members of the armed forces who die while on active duty, and 
     includes a sunset provision.
       The conferees agree to delete language, as proposed by the 
     Senate, which provides sense of the Senate language 
     concerning the phase-in of concurrent receipt of retired pay 
     and veterans disability compensation for military retirees.
       The conferees agree to retain and amend section 1023, as 
     proposed by the Senate, which prohibits the Department from 
     charging military personnel for meals if they are undergoing 
     medical recuperation or therapy at a military treatment 
     facility.
       The conferees agree to delete language, as proposed by the 
     Senate, which prohibits funds to be obligated to implement or 
     enforce certain orders and guidance, dated May 15, 2003, on 
     the functions and duties of the General Counsel and Judge 
     Advocate General of the Air Force.
       The conferees agree to retain section 1024, as proposed by 
     the Senate, which includes sense of the Senate language that 
     any request for funds after fiscal year 2006 for an ongoing 
     military operation overseas, including operations in 
     Afghanistan and Iraq, should be included in the annual budget 
     for that fiscal year.
       The conferees agree to delete language, as proposed by the 
     Senate, requiring the President to submit to Congress reports 
     concerning Iraqi security forces. Instead, the agreement 
     includes a modified set of reporting requirements in the 
     Statement of the Managers.
       The conferees agree to delete language, as proposed by the 
     Senate, requiring the Secretary of the Army to report to the 
     congressional defense committees on the feasibility of 
     implementing for the Army National Guard a program similar to 
     the Post Deployment Stand-Down Program of the Air National 
     Guard. This reporting requirement is addressed in the 
     Statement of the Managers.
       The conferees agree to retain and amend section 1025, as 
     proposed by the Senate, which provide that funds available to 
     the Department of the Navy in this Act will be provided for 
     repair and maintenance. of the USS John F. Kennedy to extend 
     the life of the carrier; prohibits funds available in this 
     Act to be used to reduce the number of active aircraft 
     carriers of the Navy below 12 until the Quadrennial Defense 
     Review is submitted to Congress; and prohibits the Department 
     of the Navy from changing command relationships to give Fleet 
     Forces Command administrative and operational control of the 
     Pacific Fleet.
       The conferees agree to delete language, as proposed by the 
     Senate, which includes sense of the Senate language 
     concerning the domestic manufacturing capability to produce 
     silicon carbide powders for use in the production of ceramic 
     armor plates for armored vehicles, personal body armor 
     systems, and other armor needs.
       The conferees agree to delete language, as proposed by the 
     Senate, which includes sense of the Senate language 
     concerning the procurement of Rapid Wall Breaching Kits for 
     use in Operation Iraqi Freedom and Operation Enduring 
     Freedom.
       The conferees agree to delete language, as proposed by the 
     Senate, which includes sense of the Senate language to 
     increase the amount of funds available for ``Operation and 
     Maintenance, Army Reserve'' for tuition assistance programs. 
     The conferees recommend an additional $5,000,000 for 
     ``Operation and Maintenance, Army Reserve'' for tuition 
     assistance programs, and address this issue in the Statement 
     of Managers.
       The conferees agree to delete language, as proposed by the 
     Senate, which includes sense of the Senate language to make 
     funds available from within ``Defense Health Program'' for 
     Vaccine Health Care Centers.
       The conferees agree to delete language, as proposed by the 
     Senate, which includes sense of the Senate language 
     concerning Warlock and other field jamming systems, and 
     address this elsewhere in the Statement of the Managers.
       The conferees agree to retain and amend section 1026, as 
     proposed by the Senate, which changes the application of 
     section 411h of title 37 U.S.C. to provide through September 
     30, 2005 for one roundtrip to family members of seriously ill 
     or injured military personnel hospitalized in a medical 
     facility in or outside the United States, and family members 
     of service members receiving treatment for injuries incurred 
     in a combat area in a medical treatment facility in the 
     United States; provides for funding from the services' 
     operation and maintenance accounts; and requires the 
     Secretary of Defense to report to the congressional defense 
     committees on travel in any fiscal year that exceeds 
     $20,000,000.
       The conferees agree to retain section 1027, as proposed by 
     the Senate, which prohibits the use of funds in this Act for 
     termination of the existing joint service multiyear 
     procurement contract for C/KC-130J aircraft.
       The conferees agree to delete language, as proposed by the 
     Senate, which provides for the procurement of Up-Armored High 
     Mobility Multipurpose Wheeled Vehicles (HMMWVs), and address 
     this in the Statement of the Managers.
       The conferees agree to delete language, as proposed by the 
     Senate, which includes sense of the Senate language to amend 
     section 1079 of title 10, in order to increase the period of 
     TRICARE coverage for children of servicemembers who die while 
     on active duty.
       The conferees agree to delete language, as proposed by the 
     Senate, which includes sense of the Senate language 
     concerning the continuing development of the permanent magnet 
     motor, and address this elsewhere in the Statement of the 
     Managers.
       The conferees agree to delete language, as proposed by the 
     Senate, which includes sense of the Senate language 
     concerning the Man-Portable Air Defense (MANPAD) systems.
       The conferees agree to delete language, as proposed by the 
     Senate, which includes sense of the Senate language that 
     funds should be made available for the replenishment of 
     medical supply and equipment needs of the Army, and address 
     this in the Statement of the Managers.
       The conferees agree to include a new section 1028, which 
     prohibits funds in this Act to be used to revoke Purple Heart 
     commendations awarded to members of the Armed Forces who have 
     served in Operation Iraqi Freedom or Operation Enduring 
     Freedom.
       The conferees agree to include a new section 1029, which 
     transfers $2,000,000 from ``Aircraft Procurement, Army'' to 
     ``Research; Development, Test and Evaluation, Army'' for the 
     Virtual Training Cockpit Optimization Program.
       The conferees agree to retain and amend section 1030, as 
     proposed by the House, which makes certain technical 
     adjustments and directs the transfer of funds for the purpose 
     of ensuring proper budget execution for critical force 
     protection items previously funded.
       The conferees agree to retain section 1031, as proposed by 
     the Senate, which prohibits funds to be obligated to subject 
     any person in custody or under the control of the United

[[Page 8512]]

     States to torture or cruel, inhuman, or degrading treatment 
     or punishment.
       The conferees agree to retain section 1032, as proposed by 
     the Senate, which amends title 38, to provide a traumatic 
     injury protection rider to servicemembers insured through the 
     Servicemembers' Group Life Insurance (SGLI) under section 
     1967(a)(1) of title 38.
       The conferees agree to include a new section 1033, which 
     rescinds $50,000,000 from the ``Iraq Freedom Fund''.
       The conferees agree to include a new section 1034, making 
     technical corrections to Public Law 108-287 making available 
     existing funds to the Paralyzed Veterans of America (PVA) 
     Outdoor Sports Heritage Fund.
       The conferees agree to a new section 1035 which provides an 
     additional appropriation for ``Research, Development, Test 
     and Evaluation, Defense- Wide'', and provides authority for 
     certain specified activities.
       Sec. 1036. The conference agreement includes a provision 
     proposed by the Senate (Sec. 1129) to require a report on the 
     re-use and redevelopment of military installations closed or 
     realigned as part of BRAC 2005. The House bill contained no 
     similar provision.
       Sec. 1037. The conference agreement includes a provision 
     proposed by the Senate (Sec. 6055) to release to the State of 
     Arkansas a reversionary interest in Camp Joseph T. Robinson. 
     The House bill contained no similar provision.
       The conference agreement does not include a Sense of the 
     Senate provision (Sec. 1137) on funding for the Vaccine 
     Health Care Centers. The House bill contained no similar 
     provision.
       The conference agreement does not include a Sense of the 
     Senate provision (Sec. 1142) on TRICARE coverage of children. 
     The House bill contained no similar provision.
       The conference agreement does not include a Senate 
     amendment to permit eleven employees of the Executive Office 
     of the President to use official government vehicles for 
     commuting between their homes and offices.
       The conference agreement does not include a Senate 
     amendment regarding federal employee pay while in active 
     service of the National Guard.

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

                               CHAPTER 1

                       Department of Agriculture


                      foreign agricultural service

                     public law 480 title ii grants

       The conference agreement includes $240,000,000 for P.L. 480 
     Title II grants, to remain available until expended, instead 
     of $150,000,000, as proposed by the House and $470,000,000, 
     as proposed by the Senate.
       This appropriation shall be used to reimburse the account 
     for funds used to address emergency food needs for 
     individuals in need of humanitarian assistance in the Darfur 
     region of Sudan and other parts of Africa, which would allow 
     additional contributions to these and other critical food 
     situations, including the mitigation of the effects of the 
     Human Immunodeficiency Virus and Acquired Immune Deficiency 
     Syndrome on individuals, households, and communities. In 
     addition, the conferees provide that funds may be used to 
     restore executed agreements of the Public Law Title II non-
     emergency sub-minimum program requirements, as proposed by 
     the Senate.

                 Department of State and Related Agency

                          Department of State


                   Administration of foreign Affairs

                    Diplomatic and Consular Programs

       The conference agreement includes $734,000,000 for 
     ``Diplomatic and Consular Programs'', instead of $748,500,000 
     as proposed by the House, $357,700,000, as proposed by the 
     Senate, and $767,200,000 as contained in the request. The 
     agreement provides 666,300,000 for the operation and security 
     costs of the U.S. Mission in Iraq. Within the amounts 
     included under this heading, $10,000,000 is for the 
     enhancement of Embassy security in Iraq and Afghanistan 
     through explosive detection technologies certified and/or 
     deployed by the Department of Homeland Security, and $250,000 
     is designated for Iraqi and Afghan scholars, as proposed by 
     the Senate. The conference agreement also includes 
     $60,000,000 for operations and security requirements of the 
     U.S. Mission in Kabul, Afghanistan as a result of the 
     withdrawal of U.S. military forces. Finally, the conference 
     agreement includes $7,700,000 for the Office of the 
     Coordinator for Reconstruction and Stabilization, and expects 
     these funds to support additional personnel requirements in 
     Washington and Sudan.
       The conference agreement includes $250,000 for a 
     contribution to a scholar-rescue program designed to bring 
     Iraqi and Afghan scholars, whose lives are in imminent 
     danger, to the United States and match them with host 
     universities. The conferees direct the Secretary of State to 
     work with the Institute of International Education to 
     implement this program.
       The conferees agree that within the amounts previously 
     appropriated for fiscal year 2005, the Secretary of State 
     shall fund an external study of the publicly available data 
     on foreign public opinion about the United States. This study 
     should include a thorough analysis of the impact of foreign 
     perceptions of the United States, and a list of concrete 
     responses and ``best practice'' actions at the governmental 
     level that have the potential to influence the public foreign 
     policy debate and mitigate the impact of negative 
     perceptions.

            Embassy Security, Construction, and Maintenance

       The conference agreement includes $592,000,000 for the 
     construction of a new secure embassy compound in Baghdad, 
     Iraq, including office, housing, and support facilities, 
     infrastructure, project supervision, and construction 
     security as proposed by both the House and Senate. The 
     conferees expect the recommended funding level to be 
     sufficient to ensure completion of a secure compound within 
     24 months of the project start date.

                      International Organizations

        Contributions for International Peacekeeping Activities


                     (Including Transfer of Funds)

       The conference agreement includes $680,000,000 for United 
     States assessed contributions for international peacekeeping 
     missions instead of $580,000,000 as proposed by the House, 
     $533,049,000 as proposed by the Senate, and $780,000,000 as 
     contained in the request. Of the amount provided, up to 
     $50,000,000 may be transferred to the ``Peacekeeping 
     Operations'' account for support of the efforts of the 
     African Union to halt genocide and other atrocities in 
     Darfur, Sudan.

                             Related Agency

                    Broadcasting Board of Governors

                 International Broadcasting Operations

       The conference agreement includes $4,800,000 to expand 
     United States broadcasting programs in local languages to 
     Pakistan, Iran, Indonesia, and Muslim populations in Europe.

                   Broadcasting Capital Improvements

       The conference agreement includes $2,500,000 to make 
     capital improvements related to broadcasting, including 
     broadcasting directed toward the People's Republic of China.

                     Bilateral Economic Assistance

                  Funds Appropriated to the President


           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

              INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

       The conference agreement provides $90,000,000 for 
     ``International Disaster and Famine Assistance'', instead of 
     $94,000,000 as recommended by the House and $44,000,000 as 
     recommended by the Senate.
       The conferees intend that $40,000,000 of funds made 
     available from this account be provided for assistance for 
     those individuals affected by the ongoing conflict in Darfur. 
     The conferees are also concerned about the severity of other 
     needs in Africa, and allocate $50,000,000 of funds from this 
     account to these other needs, including those in Ethiopia, 
     Liberia, Uganda, and the Democratic Republic of the Congo.
       The conferees include language as proposed by the Senate 
     that provides authority to United States Agency for 
     International Development (USAID) to use funds appropriated 
     under this heading to reimburse accounts from which 
     obligations were incurred prior to the enactment of this Act.


                         TRANSITION INITIATivES

       The conference agreement does not include funding for 
     ``Transition Initiatives''.


   OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
                              DEVELOPMENT

       The conference agreement provides $24,400,000 for 
     ``Operating Expenses of the United States Agency for 
     International Development'' for security and extraordinary 
     operating costs in Iraq.


   OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
                DEVELOPMENT OFFICE OF INSPECTOR GENERAL

       The conference agreement provides $2,500,000 for 
     ``Operating Expenses of the United States Agency for 
     International Development Office of Inspector General'' to 
     audit the expenditure of funds used for relief and 
     reconstruction in Iraq.


                  OTHER BILATERAL ECONOMIC ASSISTANCE

                         ECONOMIC SUPPORT FUND

       The conference agreement provides $1,433,600,000 for the 
     ``Economic Support Fund'', instead of $1,058,200,000 as 
     proposed by the House and $1,636,300,000 as proposed by the 
     Senate. These funds would remain available until September 
     30, 2006.
       The conference agreement includes $1,086,600,000 for 
     Afghanistan, $200,000,000 for assistance to Palestinians, of 
     which $50,000,000 should be for assistance for Israel to help 
     ease the movement of Palestinian people and goods in and out 
     of Israel, $20,000,000 for Haiti, $5,000,000 for Lebanon, 
     $100,000,000 for Jordan, and $22,000,000 for Sudan.
       The conference agreement provides $1,086,600,000 for 
     Afghanistan under this

[[Page 8513]]

     heading, instead of $739,200,000 as proposed by the House and 
     $1,309,300,000 as proposed by the Senate. The conference 
     agreement assumes full funding for health programs and 
     provincial reconstruction team expenses and support. The 
     conferees direct the Department of State to consult with the 
     Committees on Appropriations prior to the obligation of 
     funds.
       The conferees reiterate their firm commitment to the long 
     term development of Afghanistan and note that the fiscal year 
     2006 budget request for that country contains an additional 
     $920,000,000 from all accounts.
       The conference agreement does not include Senate language 
     recommending $5,000,000 for Afghan women's organizations. 
     However, the conferees believe that USAID needs to be more 
     proactive in assisting women-led nongovernmental 
     organizations in Afghanistan, particularly those that defend 
     women's rights and support women's efforts to participate in 
     the political process. The conferees recommend that 
     $5,000,000 be made available to strengthen the capacity of 
     these organizations.
       The conference agreement includes language similar to a 
     Senate. amendment that provides $5,000,000 for assistance for 
     displaced persons in Afghanistan. The conferees intend that 
     these funds be used to address the needs of displaced 
     Afghans, but that none of these funds are to be used to 
     support a satellite city housing project. The conferees 
     request to be consulted prior to the obligation of these 
     funds.
       The conference agreement does not include a reporting 
     requirement on Afghan security forces training, as proposed 
     by the Senate in section 2108. However, the conferees direct 
     the Department of State to submit such a report to the 
     Committees on Appropriations no later than 90 days after 
     enactment of this Act.
       The conference agreement includes $22,000,000 to support 
     emergency needs in the implementation of the Comprehensive 
     Peace Agreement in southern Sudan. These needs include the 
     development of southern governmental institutions and support 
     for the commissions established in the North-South peace 
     accords.
       The conferees recognize the importance of adequate health 
     care for Palestinian women and children and recommend 
     $3,500,000 to support the activities of the Holy Family 
     Hospital in Bethlehem and $2,000,000 to support the 
     healthcare activities of Hadassah, the Women's Zionist 
     Organization of America.
       The conferees agree that the budget request and the 
     recommendation contained in this Act do not provide specific 
     direct financial support for the Palestinian Authority.
       The conferees reiterate that the conditions and 
     restrictions on assistance for the West Bank, Gaza, and 
     Palestinian Authority contained in the General Provisions 
     section of division D of Public Law 108-447 apply to 
     assistance for the West Bank and Gaza recommended under this 
     heading, as well as the separate account requirement 
     contained in section 529 of that law. The conferees further 
     agree that the waiver detailed in Presidential determination 
     2005-10 shall not be extended to funds appropriated under 
     this Chapter.
       The conference agreement includes a provision providing 
     $50,000,000 for assistance for Israel to help improve the 
     movement of people and goods in and out of Israel, as 
     proposed by the Senate. The conferees are aware that 
     infrastructure will be needed on both the Palestinian and 
     Israeli sides of the separation lines and intend that these 
     funds be used to meet the great need in developing this 
     infrastructure. The resulting flow of goods and people should 
     greatly improve the economic well-being of the Palestinian 
     people while building the revenue base of the Palestinian 
     Authority.
       The $200,000,000 provided in this account shall only be 
     allocated as requested and detailed in the following table. 
     The Administration may reallocate, only within the projects 
     listed here, up to 10 percent of any of the following 
     allocations, except that the total for the allocation 
     receiving such funds may not be increased by more than 20 
     percent. Any reallocations shall be subject to prior 
     consultations with the Committees on Appropriations.

                       [In thousands of dollars]

Economic Revitalization
  Palestinian agriculture and agribusiness production and market$15,000
  Trade promotion and capacity building..........................24,000
  Home construction financing.....................................1,000
  Job creation, with an emphasis on construction of schools and 
    community centers............................................20,000
  Improved flow of people and goods into Israel..................50,000
  Subtotal, Economic Revitalization.............................110,000
Infrastructure Development
  Roads and water................................................50,000
  Democratic reform and the rule of law..........................16,000
  Community Policing..............................................3,000
  Education, including vocational training........................8,000
  Health care and food assistance................................13,000
  Subtotal, Infrastructure Development...........................90,000
                                                       ________________
                                                       
    Total..................................................$200,000,000
       The conference agreement provides $20,000,000 for 
     assistance for Haiti, of which $2,500,000 is for criminal 
     case management, case tracking and the reduction of pre-trial 
     detention. The conferees are concerned with the prolonged 
     detention of Haitians, many of whom have not been charged 
     with any crime, which is both illegal and life threatening. 
     The conferees intend that USAID will take immediate steps to 
     address this potentially explosive situation. The conferees 
     expect the balance of funds to be made available to address 
     urgent and pressing needs for additional election assistance, 
     employment and public works projects, and police assistance. 
     The conferees direct that the obligation of funds be subject 
     to prior consultation with the Committees on Appropriations.
       The conferees note recent political developments in Lebanon 
     and provide $5,000,000 for support of democracy activities 
     and programs. The conferees expect these funds to be managed 
     by Bureau of Democracy, Human Rights and Labor at the 
     Department of State.


    ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION

       The conference report includes $70,000,000 for ``Assistance 
     for the Independent States of the Former Soviet Union'', as 
     proposed by the Senate, instead of $33,700,000 as proposed by 
     the House.
       Funds in this account are allocated in the following table 
     and, as stipulated in section 2111, any change to these 
     allocations is subject to the regular reprogramming 
     procedures of the Committees on Appropriations:
       Assistance for the Independent States of the Former Soviet 
     Union

                       [In thousands of dollars]

Ukraine.........................................................$60,000
North Caucasus....................................................5,000
Belarus...........................................................5,000
                                                             __________
                                                             
  Total.........................................................$70,000
       The conferees are encouraged by recent political 
     developments in Ukraine and recommend $60,000,000 for 
     assistance for that country. This funding should be used for 
     programs to further political and economic reforms and to 
     strengthen democracy and the rule of law.
       The conference agreement provides $5,000,000 for 
     humanitarian, conflict mitigation, and relief and recovery 
     assistance for needy families and communities in Chechnya, 
     Ingushetia, and elsewhere in the North Caucasus. The 
     conferees intend these funds to be administered by USAID's 
     Moscow Mission and Office of Conflict Management and 
     Mitigation, in consultation with the Committees on 
     Appropriations.
       The conferees expect that of the funds made available for 
     democracy assistance for Belarus, $2,500,000 will be made 
     available to the Bureau of Democracy, Human Rights and Labor, 
     Department of State, for political party development 
     activities. The conferees recommend that the balance of funds 
     be used to support independent media and civil society in 
     Belarus.

                          Department of State


          INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

       The conference agreement includes $620,000,000 for 
     ``International Narcotics Control and Law Enforcement'', 
     instead of $594,000,000 as proposed by the House and 
     $660,000,000 as proposed by the Senate. These funds remain 
     available for obligation until September 30, 2007.
       The conferees expect that of the funds provided under this 
     heading, $260,000,000 shall be made available for 
     counternarcotics programs and activities.


                    MIGRATION AND REFUGEE ASSISTANCE

       The conference agreement provides $120,400,000 for 
     ``Migration and Refugee Assistance'' instead of$103,400,000 
     as proposed by the House or $108,400,000 as proposed by the 
     Senate. Of the total, the conferees include $48,400,000 for 
     assistance to those individuals affected by the ongoing 
     conflict in Darfur, $5,000,000 for easing the flow of 
     refugees returning to southern Sudan, $26,000,000 to help the 
     Administration meet its fiscal year 2005 refugee protection 
     goals, and $41,000,000 for assistance needs in Africa other 
     than in southern Sudan and Darfur.


    NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

       The conference agreement provides $24,600,000 for 
     ``Nonproliferation, Anti-Terrorism, Demining and Related 
     Programs'' instead of $17,100,000 as proposed by the House 
     and $32,100,000 as proposed by the Senate. The conferees 
     intend for the funds to be used as follows: $17,100,000 for 
     the protection of Afghan President Karzai, as requested, and 
     $7,500,000 for the Non-proliferation and Disarmament Fund. 
     These funds remain available until September 30,2006.


                  FUNDS APPROPRIATED TO THE PRESIDENT

                       OTHER BILATERAL ASSISTANCE

                   GLOBAL WAR ON TERROR PARTNERS FUND

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement does not include funding for the 
     Global War on Terror Partners Fund. The House did not 
     recommend

[[Page 8514]]

     funding for this account, and the Senate proposed 
     $25,500,000. Funding for the purposes of the Solidarity 
     Initiative is addressed under ``Peacekeeping Operations''.

                          Military Assistance

                  Funds Appropriated to the President


                   FOREIGN MILITARY FINANCING PROGRAM

       The conference agreement includes $250,000,000 for 
     ``Foreign Military Financing Program'', as proposed by the 
     House and Senate and as contained in the request. The 
     conferees recommend $150,000,000 for Pakistan and 
     $100,000,000 for Jordan.


                        PEACEKEEPING OPERATIONS

       The conference agreement includes $240,000,000 for 
     ``Peacekeeping Operations'' instead of $10,000,000 as 
     proposed by the House and $210,000,000 as proposed by the 
     Senate. Of these funds, $10,000,000 is for the reform of 
     security forces in southern Sudan, up to $200,000,000 for 
     assistance to coalition allies with troops in Iraq and 
     Afghanistan, and up to $30,000,000 that may be used pursuant 
     to a determination by the President, and after consultation 
     with the Committees on Appropriations, that such use will 
     support the global war on terrorism. This funding could be 
     used, for example, for training and equipment of foreign 
     counter-terrorism forces or border security forces. The 
     conferees commend the President's Solidarity Initiative.

                    General Provisions--This Chapter

       Sec. 2101. The conference agreement includes a general 
     provision proposed by the Senate, and similar to that 
     proposed by the House, that amends section 37(a) of the 
     Foreign Assistance Act of 1961 by striking ``Iraq'' from the 
     list of countries for which the United States would otherwise 
     be required to withhold voluntary contributions.
       Sec. 2102. The conference agreement includes a general 
     provision as proposed by the House and Senate that rescinds 
     previously appropriated funds for Turkey in P.L. 108-11. The 
     conferees intend that any costs associated with the 
     rescission of funds, and termination of planned programs, may 
     be funded from within the subject unexpended balances.
       Sec. 2103. The conference agreement includes a general 
     provision proposed by the House bill, regarding audit 
     requirements for U.S. bilateral assistance made available 
     under ``Economic Support Fund'' for assistance for the West 
     Bank and Gaza and assistance for the Palestinian Authority.
       Sec. 2104. The conference agreement includes a general 
     provision proposed by the House that establishes financial 
     reporting requirements for funds appropriated in this chapter 
     prior to their obligation. The purpose of the financial plan 
     is to ensure that the Committees on Appropriations have a 
     complete and detailed understanding of how agencies intend to 
     use the resources provided in this chapter. The provision 
     allows 15 percent of funds to be obligated prior to the 
     submission of the financial report, which is due 30 days 
     after enactment. This restriction on new obligations does not 
     apply to funds used to reimburse accounts for obligations 
     made prior to enactment.
       Sec. 2105. The conference agreement includes a general 
     provision, as proposed by the House, that establishes certain 
     auditing requirements for counternarcotics and alternative 
     development funding in fiscal year 2005 in Afghanistan.
       Sec. 2106. The conference agreement includes a provision, 
     similar to that proposed by the House and Senate, regarding a 
     reporting requirement regarding the Palestinian Authority, 
     and provides that up to $5,000,000 from funds provided for 
     the West Bank and Gaza may be used for an independent audit 
     of Palestinian Authority expenditures and accounting 
     procedures.
       Sec. 2107. The conference agreement includes a provision 
     allowing certain amounts in the fiscal year 2005 State 
     Department Appropriations Act to be subject to certain 
     reprogramming requirements, as proposed by the Senate.
       Sec. 2108. The conference agreement includes a general 
     provision similar to that proposed by the Senate, which 
     earmarks $20,000,000 provided in Public Law 108-106 under the 
     heading ``Iraq Relief and Reconstruction Fund'' for 
     assistance for families and communities of innocent Iraqi 
     victims of the military operations. This assistance is 
     designated as the ``Marla Ruzicka Iraqi War Victims Fund'', 
     in memory of Marla Ruzicka who on April 16, 2005, died at the 
     age of 28 in a car bomb attack in Baghdad. Marla Ruzicka 
     inspired the creation of this program and a similar program 
     in Afghanistan.
       Sec. 2109. The conference agreement includes a general 
     provision, as proposed by the Senate, that makes a technical 
     change to the Millennium Challenge Authorization Act, 2003.
       Sec. 2110. The conference agreement includes a provision, 
     similar to that proposed by the House, requiring that 
     recipients of United States emergency humanitarian assistance 
     establish a code of conduct consistent with internationally 
     accepted principles established to protect victims of 
     disasters from exploitation.
       Sec. 2111. The conference agreement includes a new 
     provision requiring that funds in the following accounts be 
     allocated as indicated in the statement of managers 
     accompanying this Act: ``Economic Support Fund'' and'' 
     Assistance for the Independent States of the Former Soviet 
     Union''. Any change to these allocations is subject to the 
     regular notification procedures of the Committees on 
     Appropriations.
       The conference agreement does not include Senate sections 
     2104, 2107, 2108, and 2111.

        TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON TERROR

                               CHAPTER 1

                          Department of Energy


                national nuclear security administration

                    defense nuclear nonproliferation

       The conference agreement provides $84,000,000 for defense 
     nuclear nonproliferation, of which $55,000,000 is to address 
     urgent priorities outside of the former Soviet Union to 
     secure nuclear materials from diversion or theft by 
     terrorists or states of concern, and $29,000,000 is for the 
     deployment of radiation detection equipment and the training 
     of law enforcement officials in overseas ports to provide 
     them with the technical means to detect, deter, and interdict 
     illicit trafficking in nuclear and other radioactive 
     materials through the MegaPorts program.

                               CHAPTER 2

                    Department of Homeland Security


                     customs and border protection

                         salaries and expenses

       The conferees provide $124,425,000 for costs associated 
     with hiring, training, equipping and supporting 500 Border 
     Patrol agents, instead of $105,451,000 as proposed by the 
     Senate and no funding as proposed by the House. Funds are to 
     remain available until September 30, 2006. Of this amount, 
     $49,075,000 in new funding is provided and designated an 
     emergency requirement. The conferees have included bill 
     language that requires the Secretary of Homeland Security to 
     provide the Committees on Appropriations a plan not later 
     than June 15, 2005, for the expeditious implementation and 
     execution of these funds.
       The conferees are concerned that the amounts appropriated 
     in Public Laws 107-117 and 108-11 for ``Customs and Border 
     Protection'' have not been fully obligated. The conferees 
     direct the Secretary of Homeland Security to immediately 
     utilize the remaining funds for the purposes appropriated. 
     The conferees further direct the Secretary to submit, within 
     30 days of enactment of this Act, a plan for the obligation 
     of these funds.


                              construction

       The conferees provide $51,875,000 for construction costs 
     associated with hiring an additional 500 Border Patrol 
     agents, instead of $41,500,000 as proposed by the Senate, and 
     no funding proposed by the House. Funding is to remain 
     available until September 30, 2006. The conferees have 
     included bill language that requires the Secretary of 
     Homeland Security to provide the Committees on Appropriations 
     a plan not later than June 15, 2005, for the expeditious 
     implementation and execution of these funds. This funding is 
     designated an emergency requirement.


                  immigration and customs enforcement

                         salaries and expenses

       The conferees provide a total of $454,250,000 for 
     Immigration and Customs Enforcement, Salaries and Expenses, 
     as opposed to $276,000,000 proposed by the Senate and no 
     funding as proposed by the House. Of these funds, 
     $349,050,000 is designated as an emergency requirement. Of 
     this amount, $93,050,000 is made available to fund an 
     additional 50 criminal investigator positions, 168 
     Immigration Enforcement Agents and Deportation Officers, and 
     1,950 additional detention beds; and not less than 
     $11,000,000 is made available to immediately lift the hiring 
     freeze. The conferees do not provide the $389,613,000 in non-
     emergency funding that was proposed by the Senate.
       The conferees endorse the views expressed in the Senate 
     Committee report (Senate Report 109-152), and direct 
     Immigration and Customs Enforcement (ICE) to realign its 
     Detention and Removal Operation Program, by program, project, 
     and activity, as set forth on pages 51 and 52 of that report. 
     The conferees also direct ICE to make available additional 
     user fees as set forth on page 52 of that report. Because the 
     conferees have included funds above the realigned amounts 
     referenced above, in lieu of the Senate reporting 
     requirement, the conferees direct the Secretary to submit a 
     detailed report by June 15, 2005, to the Committees on 
     Appropriations on the Department's plan for an expeditious 
     implementation of the hiring and spending authorized in this 
     Act, showing the on-board level of FTEs for each individual 
     office by location; the number of vacant FTEs; and the new 
     hires planned by week for each office beginning the week 
     after enactment of this Act through September 30, 2005.
       The conferees are aware that ICE has been unable to 
     obligate for fiscal year 2005 enhancements and initiatives 
     due to the uncertainty of its financial condition and its 
     pending reprogramming. The conferees wish to ensure that 
     these programs are initiated in an orderly way, that 
     requisite funds do not lapse, and that continuity of funding 
     is assured. Therefore, within the total amounts provided, the 
     conferees include $85,200,000,

[[Page 8515]]

     offset by a rescission, and direct the Department to include 
     funding required to annualize and continue activities 
     supported with these funds in its fiscal year 2007 budget.


                       united states coast guard

                           operating expenses

       The conference agreement includes $111,950,000 for U.S. 
     Coast Guard operations in support of Operation Iraqi Freedom 
     and Operation Enduring Freedom as proposed by both the House 
     and the Senate. The entire amount is designated as an 
     emergency requirement.


              acquisition, construction, and improvements

       The conference agreement includes $49,200,000 as proposed 
     by the House and the Senate, to remain available until 
     September 30, 2007. The conferees agree that the funds may be 
     used for procurement of new U.S. Coast Guard 110-foot patrol 
     boats or major refits, renovation, and subsystem replacement 
     for these boats, as proposed by the House. The Senate 
     proposed this funding be used only for renovation and 
     subsystem replacement. The entire amount is designated as an 
     emergency requirement.
       By July 1, 2005, or prior to the obligation of funds, the 
     Coast Guard is directed to provide to the House and Senate 
     Appropriations Committees an analysis of the costs and 
     benefits of procuring new 110-foot or 123-foot patrol boats 
     versus renovating the existing 110-foot patrol boats. This 
     analysis is to include the expected available patrol boat 
     mission hours over the next 10 years. with the existing fleet 
     versus the yearly mission hours conducted since 9/11 and the 
     10-year projected mission hour needs. The analysis should 
     explain how the Coast Guard intends to meet the mission needs 
     filled by the 110-foot patrol boat. The conferees note that 
     this information was first requested in 2004 as part of the 
     statement of managers accompanying Public Law 108-334. The 
     report was due on February 10, 2005, but has not been 
     received to date.


                federal law enforcement training center

                         salaries and expenses

       The conferees provide funding for the Federal Law 
     Enforcement Training Center salaries and expenses of 
     $2,568,000 and make the funding available until September 30, 
     2006, accommodate the training for new Border Patrol Agents 
     and Immigration and Customs Enforcement agents and officers.


      acquisition, construction, improvements/and related expenses

       The conferees provide $1,882,000 for facilities, to remain 
     available until September 30, 2006, for costs associated with 
     additional Border Patrol and ICE training.

                               CHAPTER 3

                         Department of Justice


                         General Administration

                           Detention Trustee

        The conference agreement includes $184,000,000 for the 
     Detention Trustee account. Funding is provided in lieu of any 
     previous transfers made into this account in fiscal year 2005 
     from the Asset Forfeiture Fund.


                            Legal Activities

                         Asset Forfeiture Fund

                              (Rescission)

       The conference agreement includes a rescission of 
     $40,000,000 from unobligated balances in this account.


                     United States Marshals Service

                         Salaries and Expenses

       The conference agreement provides $11,935,000 for the 
     United States Marshals Service (USMS) as proposed by the 
     Senate. Recent events prove a need for increased judicial 
     security outside of courthouse facilities to better detect, 
     assess and respond to threats and inappropriate 
     communications made to judges. The conference agreement 
     provides this funding for off-site security enhancements for 
     judges, such as home intrusion detection systems.
       In coordination with the Administrative Office of the 
     United States Courts, the USMS shall submit a spending plan 
     to the Committees on Appropriations prior to the obligation 
     of any of these funds. The conferees also believe the USMS 
     should reevaluate existing policies governing judicial 
     protection and direct the USMS to submit a report on its 
     updated policies to the Committees. on Appropriations no 
     later than July 30, 2005.


                    Federal Bureau of Investigation

                         Salaries and Expenses

       The conference agreement provides $73,991,000 for the 
     Federal Bureau of Investigation (FBI), instead of $78,970,000 
     as proposed by the House and $66,512,000 as proposed by the 
     Senate. The conferees strongly support the FBI's deployment 
     in Iraq and the operations of the Terrorist Screening Center. 
     However, the conferees are disappointed that the fiscal year 
     2005 budget request did not include sufficient funding for 
     these critical ongoing operations. If additional resources 
     are needed for either of these activities, the conferees will 
     support a reprogramming of funding from lower priority 
     programs.
       Iraqi Operations.--The conference agreement includes 
     $34,531,000 for operations in Iraq instead of $40,000,000 as 
     proposed by the House and $29,062,000 as proposed by the 
     Senate.
       Terrorist Screening Center (TSC).--The conference agreement 
     includes $35,210,000 for TSC instead of $38,970,000 as 
     proposed by the House and $31,450,000 as proposed by the 
     Senate. The conference agreement adopts the House and Senate 
     report language expressing concern about TSC's continued 
     reliance on temporary duty staff to perform this critical 
     mission.
       The conference agreement adopts the House report language 
     requiring the Office of Inspector General to evaluate TSC's 
     plan to support the Secure Flight program. The report to the 
     House and Senate Appropriations Committees shall be submitted 
     by August 1, 2005. The conference agreement adopts the Senate 
     report language requiring submission of a long-term plan for 
     TSC to be submitted no later than September 1,2005. The 
     report shall include the following: (1) a five year staffing 
     and spending plan for TSC; (2) a list of TSC's existing and 
     projected users, their sponsoring agency, and that agency's 
     financial and in-kind contributions to TSC; (3) a 
     comprehensive description and direct cost estimate of the 
     unique needs of these users by agency, fiscal year, project, 
     program and activity; (4) an estimated cost on a by-user 
     basis (including a listing of each user agency); and (5) any 
     additional TSC requirements and the costs associated with 
     those requirements.
       Office of Inspector General.--The conference agreement 
     includes $1,250,000 to be transferred to the Office of 
     Inspector General (OIG) to support the OIG's review of the 
     TSC and other counterterrorism activities.
       Special Technologies and Applications Section (STAS).--The 
     conference agreement includes $3,000,000 for STAS, instead of 
     no funding as proposed by the House and $6,000,000 as 
     proposed by the Senate. This funding is provided to 
     accelerate the development and deployment of intelligence 
     analysis tools.
       The conferees are aware of the unique space requirements of 
     the STAS and direct STAS to work with the General Services 
     Administration and to use existing resources to lease up to 
     175,000 square feet of additional facility space within its 
     immediate surrounding area.


                    Drug Enforcement Administration

                         Salaries and Expenses

       The conference agreement includes $7,648,000 as proposed by 
     the House and Senate, for the Drug Enforcement 
     Administration's counternarcotics efforts to reduce poppy and 
     heroin production in Afghanistan.


          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         Salaries and Expenses

       The conferees recommend $4,000,000 for the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives (ATF), instead of 
     $5,100,000 as proposed by the Senate. The House did not 
     propose any funding for this account.
       This funding is provided to support ATF's on-going 
     activities in the Iraq theater of operations, including 
     assistance to the U.S. military. Within the amount provided, 
     $2,100,000 shall be for expenditures in direct support of 
     explosives enforcement and firearms tracking in Iraq; 
     $400,000 shall be for a Combined Explosives Exploitation Cell 
     to provide improvised explosive device (IED) technical 
     support to the Department of Defense components in Iraq; and 
     $1,500,000 for operations to track explosives incidents in 
     Iraq in a centralized database and to provide technical 
     expertise in the exploitation of IED's. The conferees direct 
     that, prior to the obligation of the funds for a centralized 
     database, the ATF shall submit a plan to the Committees on 
     Appropriations that identifies the timetable, requirements, 
     scope and costs related to its creation.

                               CHAPTER 4


                           legislative branch

                        house of representatives

      payment to widows and heirs of deceased members of congress

       The conference agreement includes the customary death 
     gratuity to Doris K. Matsui, widow of Robert T. Matsui, late 
     a Representative from the State of California.


                         salaries and expenses

       The conference agreement includes $39,000,000 for House 
     operations related to Business Continuity/Disaster Recovery, 
     secure and digital mail, and information system security.


                       Administrative Provisions

       The conference agreement includes an administrative 
     provision related to the deposit of fees. In addition, 
     language is included making a technical correction for the 
     chair of the Committee on Appropriations, or his designee, of 
     the House of Representatives to be a member of the Joint 
     Committee on the Library and the Board of Trustees of the 
     Open World Leadership Program.


                             CAPITOL POLICE

                            General Expenses

       The conference agreement provides an additional amount of 
     $11,000,000 for General Expenses, Capitol Police. This 
     includes $2,600,000 for technical counter measures during the 
     construction of the Capitol Visitor Center. The conferees 
     direct the Capitol Police to purchase the necessary equipment 
     for the Security Services Bureau with available unobligated 
     balances. In addition, $8,400,000 is provided for the 
     purchase of escape hoods for the Capitol Complex. The 
     conference

[[Page 8516]]

     agreement does not provide funding for radio system repairs 
     and security infrastructure for the Fairchild Building, as 
     proposed by the Senate. The Capitol Police are directed to 
     fund these items with available unobligated balances.


                        ARCHITECT OF THE CAPITOL

                            Capitol Grounds

       The conference agreement provides an additional amount of 
     $8,200,000, to remain available until September 30, 2006, to 
     complete perimeter security for the Capitol Square.


                  Capitol Police Buildings and Grounds

       The conferees have agreed to provide $2,500,000 for an 
     Interim Offsite Delivery/Screening Facility and $1,600,000 
     for design of a permanent Offsite Delivery/Screening 
     Facility, both to be located at DC Village. The conferees 
     expect that the Architect will move expeditiously to complete 
     this critical project and keep the Committees apprised of 
     progress on a regular basis.

                 TITLE IV--INDIAN OCEAN TSUNAMI RELIEF

                               CHAPTER 1


                  funds appropriated to the president

                       other bilateral assistance

                tsunami recovery and reconstruction fund

                     (including transfers of funds)

       The conference agreement provides $656,000,000 for 
     emergency relief, rehabilitation and reconstruction aid to 
     countries affected by the tsunami of December 26, 2004 and 
     the earthquakes of December 2004 and March 2005, as proposed 
     by the Senate instead of $659,000,000 as proposed by the 
     House.
       The conference agreement authorizes the Secretary of State 
     to transfer funds to any Federal agency or account for 
     activities authorized under the Foreign Assistance Act of 
     1961 or under the Agricultural Trade Development and 
     Assistance Act of 1954. Of these funds, up to $17,500,000 may 
     be transferred to USAID's operating expenses and $1,000,000 
     may be transferred to USAID's Office of Inspector General to 
     cover the unexpected costs of administering and auditing the 
     assistance.
       The conference agreement includes authority, as proposed by 
     the Senate, to use funds appropriated under this heading to 
     address the potential health crisis should the avian 
     influenza virus become pandemic in Southeast Asia. The 
     Committees on Appropriations expect to be consulted prior to 
     the obligation or expenditure of such funds.
       The conference agreement allows $10,000,000 to be 
     transferred to and consolidated with USAID's ``Development 
     Credit Authority'' for the cost of direct loans and loan 
     guarantees. An additional $5,000,000 may be transferred to 
     and consolidated with the State Department's ``Emergencies in 
     the Diplomatic and Consular Service'' account.
       The conference agreement provides authority for the United 
     States to participate with other countries in a multilateral 
     agreement to defer and reschedule the debt owed to United 
     States Government agencies by the governments of countries 
     affected by the tsunami and earthquakes. To get their debt 
     rescheduled, the governments of these countries must commit 
     to provide an equivalent amount of resources to the victims 
     of the natural disasters. To ensure transparency, the 
     Secretary of State is required to arrange for an outside 
     independent evaluation of each country's compliance with the 
     commitment.
       The conference agreement provides $5,000,000 to support 
     environmental recovery activities in tsunami-affected 
     countries.
       The conference agreement provides $10,000,000 for programs 
     and activities that create new economic opportunities for 
     women. The conferees recommend $10,000,000 for small grants 
     to support training and equipment for women-led, local non-
     governmental organizations.
       The conference agreement provides $1,500,000 to support 
     initiatives for the protection of women and children from 
     violence, trafficking and exploitation.
       The conference agreement provides $1,500,000 for programs 
     to address the needs of people with disabilities resulting 
     from injuries and trauma caused by the tsunami, instead of 
     $12,000,000 as proposed by the Senate.
       The conference agreement provides that $12,500,000 should 
     be made available to support initiatives that focus on the 
     immediate and long-term needs of children.


                    general provisions--this chapter

       Sec. 4101. The conference report includes a general 
     provision proposed by both the House and Senate that provides 
     that amounts provided under this chapter shall be in addition 
     to amounts that may be obligated in fiscal year 2005 under 
     section 492(b) of the Foreign Assistance Act of 1961.
       Sec. 4102. The conference agreement includes a general 
     provision proposed by the House that establishes financial 
     reporting requirements for funds appropriated in this chapter 
     prior to their obligation. The purpose of the financial plan 
     is to ensure that the Committees on Appropriations have a 
     complete and detailed understanding of how agencies intend to 
     use the resources provided in this chapter. The provision 
     allows 15 percent of funds to be obligated prior to the 
     submission of the financial report, which is due 30 days 
     after enactment. This restriction on new obligations does not 
     apply to funds used to reimburse accounts for obligations 
     made prior to enactment. The Senate bill did not address this 
     provision.
       Sec. 4103. The conference agreement includes a general 
     provision similar to that proposed by both the House and 
     Senate that allows funds appropriated to be obligated and 
     expended notwithstanding section 15 of the State Department 
     Basic Authorization Act, section 313 of the Foreign Relations 
     Authorization Act, section 10 of Public Law 91-672, and 
     section 504(a)(l) of the National Security Act of 1947.
       Sec. 4104. The conference agreement includes a general 
     provision, similar to language proposed by the Senate, 
     providing $25,000,000 to combat the spread of the avian 
     influenza virus. The conferees are gravely concerned by the 
     current outbreak in Southeast Asia, and therefore initiate a 
     coordinated inter-agency program to prevent and control the 
     spread of this virus. The conferees understand that the 
     Centers for Disease Control and Prevention (CDC) of the 
     Department of Health and Human Services have the necessary 
     expertise to implement the bulk of these activities and have 
     accordingly transferred $15,000,000 to CDC for use in 
     combating the spread of the avian influenza virus in 
     Southeast Asia. The conferees appreciate the valuable role 
     the World Health Organization (WHO) played in combating the 
     SARS outbreak and expect that the United States agencies will 
     work closely with both the WHO and the Food and Agricultural 
     Organization to address the human and animal components of 
     this outbreak of the avian influenza virus. The conferees 
     recognize that, given the variety of specialties necessary to 
     mount such a program, an inter-agency taskforce and plan will 
     be developed and implemented. The Committees on 
     Appropriations expect to be consulted by this taskforce not 
     later than 30 days following enactment of this Act on the 
     status and implementation of such a plan.
       The conference agreement does not include House section 
     5003 or Senate sections 6052 and 6054.
       The conference agreement does not include Senate language 
     regarding the protection of the Galapagos. However, the 
     conferees endorse the findings of that amendment and strongly 
     urge the Government of Ecuador to (1) refrain from actions 
     that could cause harm to the biodiversity of the Galapagos or 
     encourage illegal fishing in the Marine Reserve; (2) select 
     the directorship of the Galapagos National Park Service 
     through a transparent process based on merit; (3) enforce the 
     Galapagos Special Law in its entirety; and (4) prohibit long-
     line fishing.
       The conference agreement does not include sense of the 
     Senate language regarding Nepal. However, the conferees 
     deplore the February 1, 2005 action by the King of Nepal 
     dissolving the multi-party government, and call for the 
     immediate release of all political detainees, the restoration 
     of constitutional liberties, and good faith negotiations with 
     Nepal's political party leaders to restore democracy.

                               CHAPTER 2

                    Department of Defense--Military

       The conference agreement recommends $225,650,000, as 
     proposed by the House and Senate to reimburse the Department 
     of Defense accounts for Indian Ocean Tsunami Relief costs, as 
     follows:

[[Page 8517]]

     TS02MY05.016
     


[[Page 8518]]

                               CHAPTER 3

                    DEPARTMENT OF HOMELAND SECURITY


                       united states coast guard 
                           operating expenses

       The conference agreement provides $350,000 to fund the 
     incremental cost of the U.S. Coast Guard's air operations in 
     support of tsunami relief efforts in Southeast Asia, as 
     proposed by both the House and the Senate. The entire amount 
     is designated as an emergency requirement.

                               CHAPTER 4

                       DEPARTMENT OF THE INTERIOR


                    united states geological survey

                 surveys, Investigations, and Research

       The conference agreement provides $8,100,000 for surveys, 
     investigations, and research, as proposed by both the House 
     and the Senate, to provide increased earthquake and tsunami 
     detection through expansion of the Global Seismographic 
     Network and the National Earthquake Information Center.

                               CHAPTER 5

                         Department of Commerce


            National Oceanic and Atmospheric Administration

                  operations, Research, and Facilities

       The conference agreement includes $7,070,000 for 
     ``Operations, Research, and Facilities,'' as proposed by the 
     Senate, instead of $4,830,000 as proposed by the House. The 
     conference agreement includes, by reference, language in the 
     House report regarding the submission of an implementation 
     plan and timetable and regarding Native American communities 
     living near the Cascadia subduction zone, and language in the 
     Senate report regarding inundation mapping.

               PROCUREMENT, ACQUISITION AND CONSTRUCTION

       The conference agreement includes $10,170,000 under this 
     account as proposed by the Senate, instead of $9,670,000 as 
     proposed by the House, to support the improvement of seismic 
     measurements and the acquisition and deployment of 32 
     additional tsunami-reporting buoys. The conferees encourage 
     NOAA to develop buoys with capabilities beyond the single 
     purpose of tsunami reporting. The conference agreement 
     includes, by reference, language in the Senate report 
     regarding the submission of a spending plan.

                TITLE V--OTHER EMERGENCY APPROPRIATIONS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE


                        office of the secretary

       Asian Soybean Rust.--The conferees are aware that Asian 
     Soybean Rust has been identified in the United States and 
     that great harm to soybean production and rural economies may 
     result. It is important that the Department of Agriculture 
     initiate an immediate and strong response to meet this 
     threat. The conferees urge the Secretary to utilize funding 
     from available sources, including contingency and CCC 
     resources, to concentrate research, outreach, and regulatory 
     activities in those areas where Asian Soybean Rust has been 
     identified and where the greatest risk for disease expansion 
     is evident.
       (i) Common Computing Environment.--The conferees direct 
     that of the funds made available to the Administrator of the 
     Farm Service Agency, not less than $33,000,000 shall be 
     available for Geographic Information Systems, of which not 
     less than $23,500,000 shall be available to the National 
     Agricultural Imagery Program.

 Cooperative State Research, Education, and Extension Service Research 
                        and Education Activities

       The conference agreement does not include $3,000,000 for a 
     grant to the College of Tropical Agriculture and Human 
     Resources in Hawaii, as proposed by the Senate.

 Natural Resources Conservation Service Emergency Watershed Protection 
                                Program

       The conference agreement provides $104,500,000 for eligible 
     work identified in the Emergency Watershed Protection 
     Program, Recovery Projects Unfunded list, including full 
     funding for eligible needs in the state of Utah. The Senate 
     proposed $103,000,000 for this account and the House proposed 
     no funding. The conference agreement directs the Secretary of 
     Agriculture to count certain local financial and technical 
     resources contributed toward flood recovery in Utah toward 
     local matching requirements, as proposed by the Senate.

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 5101. The conference agreement includes a provision to 
     transfer unobligated amounts available under the Department 
     of Agriculture, Rural Housing Insurance Fund Program Account 
     to the Rental Assistance Account, for projects in North 
     Carolina, as proposed by the Senate.
       Sec. 5102. The conference agreement includes language 
     regarding the eligibility of the Village of New Miami, Ohio, 
     for grants funded through the Rural Housing Assistance Grants 
     account within the Department of Agriculture, as proposed by 
     the Senate.
       Senate Sec. 5103. The conference agreement does not include 
     funding for financial and technical assistance related to the 
     Manoa Watershed in Hawaii, as proposed by the Senate.
       Sec. 5103. The conference agreement includes language 
     allowing for a transfer of Department of Agriculture funds 
     from the Lost River watershed project in West Virginia to the 
     Upper Tygart watershed project in West Virginia, as proposed 
     by the Senate.
       Sec. 5104. The conference agreement includes language 
     providing the Secretary of Agriculture flexibility in 
     administering an existing grant to Alaska dairy farmers, as 
     proposed by the Senate.

                               CHAPTER 2

                       DEPARTMENT OF THE INTERIOR

                        Departmental Management


                         Salaries and Expenses

       The conference agreement provides $3,000,000 in emergency 
     appropriations for salaries and expenses as proposed by the 
     Senate instead of no funding as proposed by the House.

                             RELATED AGENCY

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                  Capital Improvement and Maintenance

       The conference agreement provides $24,390,000 in emergency 
     appropriations for capital improvement and maintenance 
     instead of $31,980,000 as proposed by the Senate and no 
     funding as proposed by the House. The managers have included 
     the $2,410,000, recommended by the Senate in the national 
     forest system account, in this account to provide management 
     flexibility to use these emergency funds for the most urgent 
     priorities. Funding is provided for the repair of national 
     forest facilities and lands damaged by severe storms in 
     southern California, including the Angeles, Cleveland, Los 
     Padres and San Bernardino National Forests.

                               CHAPTER 3

                DEPARTMENT OF HEALTH AND HUMAN SERVICES


                        OFFICE OF THE SECRETARY

            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

                    (INCLUDING RESCISSIONS OF FUNDS)

       The conference agreement includes modified language 
     proposed by the Senate providing $10,000,000 for a grant to 
     Pocono Township, Tannersville, Pennsylvania to assist in the 
     expansion of the only existing injectable influenza vaccine 
     production facility in the United States, which is located in 
     Swiftwater, Pennsylvania. The conferees are agreed that this 
     emergency appropriation is in the nation's interest because 
     of the national need to increase the supply of domestically 
     produced influenza vaccine and to decrease the likelihood of 
     another influenza vaccine shortage. The agreement includes 
     five rescissions of inactive Department of Health and Human 
     Services (HHS) funds to offset the spending. The funding and 
     rescissions were included in the Senate bill. The House bill 
     included neither the appropriation nor the rescissions.
       The conference agreement also includes a new paragraph 
     providing an additional $58,000,000 to the Public Health and 
     Social Services Emergency Fund to be transferred to the 
     Centers for Disease Control and Prevention for the purchase 
     of influenza countermeasures for the Strategic National 
     Stockpile. The conferees understand that influenza 
     countermeasures include, but are not limited to, antiviral 
     medications and vaccines. The conferees believe these funds 
     are urgently needed to enhance our nation's preparedness to 
     respond to a severe influenza outbreak, particularly in light 
     of the current reports of Avian influenza activity in 
     Southeast Asia.
       This additional funding is offset by a rescission of 
     $58,000,000 of the cancer hospital loan fund created by 
     section 1016 of the Medicare Modernization Act of 2003.

                             Related Agency

               Institute for Museum and Library Services


    OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND ADMINISTRATION

       The conference agreement does not include $10,000,000 in 
     emergency funding for the University of Hawaii Library as 
     proposed by the Senate. The House bill did not include a 
     similar provision.

                               CHAPTER 4

                             THE JUDICIARY


COURTS OF APPEALS DISTRICT COURTS AND OTHER JUDICIAL SERVICES SALARIES 
                              AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement does not include additional funds 
     for the Judiciary, as proposed by the Senate. The House did 
     not include a similar provision.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs


                 HOUSING FOR PERSONS WITH DISABILITIES

                    (INCLUDING RESCISSION OF FUNDS)

       The conference agreement includes the rescission and 
     reappropriation of fiscal year 2005 funds in this account in 
     order to provide two-year availability, as proposed by the 
     Senate. The House did not include a similar provision.

[[Page 8519]]



             Office of Federal Housing Enterprise Oversight


                         salaries and expenses

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $5,000,000 in additional 
     funds for the Office of Federal Housing Enterprise Oversight 
     (OFHEO), as proposed by the Senate, with modifications. The 
     House did not include a similar provision. These additional 
     funds have been made available to ensure OFHEO has enough 
     resources to complete all necessary audits and to pay for any 
     litigation costs, as necessary. However, by undertaking an 
     assessment without first seeking an appropriation and prior 
     to receiving an appropriation, OFHEO has placed the conferees 
     in an untenable situation of appropriating funds after the 
     necessary offstting receipts have been collected. Hence, 
     without significant amendments the conferees would have been 
     scored for any appropriation subsequent to the assessment. To 
     have made the assessment without informing the Committees on 
     Appropriations demonstrates an ignorance of budgetary rules, 
     an arrogance in program implementation and a serious attempt 
     by OFHEO to ignore statutory intent.
       In providing these funds, the conferees require that prior 
     to any use of these appropriations, OFHEO must provide the 
     Committees on Appropriations with a detailed operating plan 
     and henceforth must provide quarterly reports on the use of 
     all funds appropriated to OFHEO.

                    GENERAL PROVISION, THIS CHAPTER

       The conference agreement does not include a provision 
     providing $10,000,000 in new funds to cover the costs of 
     repairs at the University of Hawaii, as proposed by the 
     Senate.

         TITLE VI--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS

       Sec. 6001. The conference agreement includes a provision 
     concerning the availability of funds, as proposed by both the 
     House and the Senate.
       Sec. 6002. The conference: agreement includes a provision 
     clarifying the application of designations within this Act 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).
       Sec. 6003. The conference agreement includes language 
     regarding Department of Agriculture business and industry 
     loans, as proposed by the Senate. The language directs that 
     such assistance may not be denied due to the failure of the 
     Secretary of Labor to certify the assistance within the time 
     frame specified in the authorization.
       Sec. 6004. The conference agreement includes a provision 
     related to the McClellan-Kerr Arkansas River navigation 
     project that corrects a citation to a public law under the 
     heading ``Operation and Maintenance'' in title I of division 
     C of Public Law 108-447.
       Sec. 6005. The conference agreement includes a technical 
     correction to a provision in title I of division C of Public 
     Law 108-447 relating to credits and reimbursements and per 
     state limitations on environmental infrastructure programs.
       Sec. 6006. The conference agreement includes a provision 
     increasing the project cost estimate for the DeSoto County, 
     Mississippi, project described in Section 219(f)(30) of(106 
     Stat. 4835; 106 Stat. 3737; 113 Stat. 334), and allowing the 
     Secretary to reimburse the non-Federal sponsor for incurred 
     costs.
       Sec. 6007. The conference agreement includes a provision to 
     increase the project cost estimate for the Fort Peck Fish 
     Hatchery project in Montana, as described in Section 
     325(f)(1)(A) of Public Law 106-541, to allow for the 
     expenditure of funds appropriated by Congress for fiscal year 
     2005.
       Sec. 6008. The conference agreement includes a provision 
     relating to the authorized project cost and the non-federal 
     reimbursement regarding the SR-1 Bridge in Delaware.
       Sec. 6009. The conference agreement includes a provision 
     relating to valuation of fabrication ports when analyzing 
     economic benefits for navigation projects.
       Sec. 6010. The conference agreement includes a provision 
     relating to Environmental Infrastructure projects.
       Sec. 6011. The conference agreement includes a provision 
     relating to the authorization of the Indiana Harbor and 
     Canal, Confined Disposal Facility, Indiana. The operation and 
     maintenance of the completed project shall remain a local 
     responsibility, consistent with the existing Project 
     Cooperation Agreement.
       Sec. 6012. The conference agreement includes a provision 
     relating to the mitigation credit for the Big Cypress 
     Seminole Reservation Water Conservation Plan Project in 
     Florida.
       Sec. 6013. The conference agreement includes a provision 
     making a technical correction relating to the San Gabriel 
     Basin Restoration Fund in Title II of division C of Public 
     Law 108447 relating to the deposition of a previous 
     appropriation in the San Gabriel Basin Restoration Fund and 
     the authorized uses of the San Gabriel Basin Restoration 
     Fund.
       Sec. 6014. The conference agreement includes a provision 
     authorizing the Bureau of Reclamation to expend funds in 
     meeting the terms of the Biological Opinion 2003 for the Rio 
     Grande River.
       Sec. 6015. The conference agreement includes a provision 
     that extends Section 8 of Public Law 104-298 (The Water 
     Desalination Act of 1996) to allow for the expenditure of 
     funds appropriated by Congress.
       Sec. 6016. The conference agreement includes a provision 
     providing $2,000,000 for the National Center for 
     Manufacturing Sciences in Michigan, and $825,000 for a 
     research and development project in California to advance the 
     state of metal hydride hydrogen storage using a 
     technologically feasible and commercially viable approach.
       Sec. 6017. The conference agreement includes a provision 
     providing, within available funds for the Office of Science, 
     $2,000,000 for continuation of project DE-FG0204ER63842-
     04090945, the Southeast Regional Cooling, Heating, and Power 
     and Biofuel Application Center in Mississippi, $3,000,000 for 
     the University of Texas Southwestern Medical Center, Dallas 
     Metroplex Comprehensive Imaging Center, $500,000 for 
     desalination technology at University of Nevada-Reno, 
     $500,000 for the Oral History of the Negotiated Settlement 
     project at UNR, $4,000,000 for the Fire Sciences Academy in 
     Elko, Nevada, and $2,000,000 for the upgrade of chemistry 
     laboratories at Drew University, New Jersey.
       Sec. 6018. The conference agreement includes a provision 
     providing $1,000,000, within available funds for Fossil 
     Energy Research and Development, for remediation of natural 
     gas leaks in the Borough of Versailles, Pennsylvania.
       Sec. 6019. The conference agreement includes a provision 
     making a technical correction to allow for the transfer of 
     $10,000,000 to carry out the purpose of section 3147 of the 
     Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005, Public Law 108-375, regarding the Pajarito 
     Plateau Homesteader claims, and a provision relating to 
     cybersecurity at DOE laboratories.
       Sec. 6020. The conference agreement includes a provision 
     allowing the transfer of funds from the Defense Site 
     Acceleration Completion account to ensure that projects 
     within Defense Environmental Services are funded without 
     unduly impacting mission activities and statutory 
     requirements, and provides $2,000,000, from within available 
     funds, for the Tularosa Basin Desalination facility.
       Sec. 6021. The conference agreement includes a provision 
     allowing the transfer of up to $4,000,000 from Defense Site 
     Acceleration Completion to Weapons Activities to carry out 
     environmental cleanup of lands transferred from Los Alamos 
     National Laboratory.
       Sec. 6022. The conference agreement includes a provision to 
     clarify Department of Energy small business contracting 
     requirements.
       Sec. 6023. The conference agreement includes a provision 
     making technical corrections regarding nuclear waste disposal 
     in Title III of division C of Public Law 108-447.
       Sec. 6024. The conference agreement modifies a Senate 
     provision related to the ``Department of Homeland Security 
     Working Capital Fund''. The conferees are displeased with the 
     Department's use of the Working Capital Fund (WCF). The 
     Department of Homeland Security has not complied with the 
     requirements of the fiscal year 2005 Appropriations Act or 
     the statement of managers accompanying the conference report 
     with respect to the WCF. The Department has used the WCF for 
     projects and activities about which Congress has not been 
     informed, or for which Congress has not provided 
     appropriations. While the WCF can be a useful management 
     tool, it will only exist if the rules detailed in the annual 
     appropriations acts and reports are strictly adhered to. The 
     Department must comply with statutory reprogramming 
     notification requirements, regardless of the source of funds, 
     and notify the House and Senate Appropriations Committees 
     prior to initiating a new project, whether it is run through 
     the WCF, reimbursable agreements, the Economy Act, or within 
     any single component of the Department.
       The conferees understand that the Operation Integration 
     Staff (I-Staff) has been removed from the WCF, but that funds 
     have been obligated for this purpose in fiscal year 2005. In 
     the past, the Committees objected to the use of the WCF for 
     the I-Staff. The conferees direct a full and complete 
     reporting, within 15 days of enactment of this Act, of all 
     funds obligated in fiscal years 2004 and 2005 for the I-
     Staff, including funding sources, the number and source of 
     all detailees, and a description and explanation of all 
     travel and contracts. The conferees also understand that the 
     Homeland Secure Data Network (HSDN) has been funded through 
     the WCF. This program is further addressed in this statement 
     of managers. No further obligations for the I-Staff and HSDN 
     shall occur unless an official reprogramming notification is 
     provided to and approved by the House and Senate 
     Appropriations Committees.
       Sec. 6025. The conference agreement includes a new general 
     provision requiring annual appropriations justifications for 
     the WCF, and requiring that justifications for each component 
     of the Department carry explicit information about WCF 
     charges, reimbursable agreements, and uses of the Economy 
     Act.
       Sec. 6026. The conference agreement includes and modifies a 
     provision, as proposed

[[Page 8520]]

     by the Senate, related to the Chief Information Officer 
     (CIO). The conferees withhold from obligation $5,000,000 of 
     the CIO's salaries and expenses until the CIO submits an 
     expenditure plan for information technology projects funded 
     by the CIO or funded through the use of reimbursable 
     agreements.
       The conferees remind the Department of Homeland Security 
     that it is failing to abide by the statutory requirements for 
     the reprogramming and transfer of funds, and the initiation 
     of new programs, projects or activities. Pursuant to law, 
     advanced notification to the House and Senate Appropriations 
     Committees is required prior to the CIO initiating any new 
     information technology project. The conferees direct the CIO 
     to submit a list of every project underway or planned for 
     fiscal year 2005; a complete list of all legacy systems in 
     operation as of March 1, 2003; the operating status of those 
     systems; and plans for continued operation or termination of 
     each system. The conferees direct the CIO to submit an 
     expenditure plan for all on-going or planned projects, to 
     include but not be limited to: total project costs, key 
     milestones, obligations to date, contracts entered into, and 
     a list of all funding sources specifying the exact dollar 
     amount.
       In addition, the conferees direct the Department to submit 
     a report detailing all reimbursable agreements between the 
     CIO's office and other departmental organizations in effect 
     or planned for fiscal year 2005, as well as all of those 
     anticipated for fiscal year 2006.
       The CIO is directed to submit to the House and Senate 
     Appropriations Committees an analysis demonstrating that the 
     Homeland Secure Data Network (HSDN) is more cost effective 
     than other alternatives that were considered prior to the 
     initiation of the project. The report on the HSDN should 
     accompany the expenditure plan required by this Act. The 
     conferees have no bias towards development of the HSDN, but 
     are extremely concerned by the lack of any presentation on 
     the need for this project in the fiscal year 2004 or 2005 
     appropriations justifications. The conferees note, for 
     example, that the contract for the development and 
     implementation of the HSDN was awarded on April 12, 2004, yet 
     the fiscal year 2004 project plans for the CIO's office were 
     submitted April 20, 2004, with no mention of the HSDN 
     project.
       Sec. 6027. The conference agreement includes a provision 
     rescinding funds appropriated by Public Law 108-334.
       Sec. 6028. The conference agreement includes a provision 
     rescinding unobligated balances in the ``Department of 
     Homeland Security Working Capital Fund.''
       Sec. 6029. The conference agreement includes a legislative 
     provision, as proposed by the Senate, that requires all 
     Department of Homeland Security funding contained in this 
     supplemental Act to be subject to the reprogramming and 
     transfer guidelines outlined in Public Law 108-334.
       Sec. 6030. The conference agreement includes a technical 
     correction to the fiscal year 2005 appropriations Act, as 
     proposed by the House and the Senate, dealing with a land 
     transfer by the Bureau of Land Management.
       Sec. 6031. The conference agreement includes a transfer of 
     funds in the Forest Service from the capital improvement and 
     maintenance account to the State and private forestry 
     account, as proposed by the Senate. This is a technical 
     correction to the fiscal year 2005 appropriations Act.
       Sec. 6032. The conference agreement includes a provision, 
     as proposed by the Senate, permitting the National Park 
     Service to use appropriated funds for the construction, 
     operation, and maintenance of an expansion to the West 
     Yellowstone Visitor Information Center at Yellowstone 
     National Park in Montana.
       Sec. 6033. The conference agreement includes a limitation 
     on the use of funds, as proposed by the Senate, specifying 
     that none of the funds in this or any other appropriations 
     Act may be used by the Environmental Protection Agency or any 
     other Federal agency to develop, promulgate, or publish a 
     pesticides tolerance fee rulemaking.
       Sec. 6034. The conference agreement modifies a provision, 
     proposed by the Senate, dealing with oil and gas mineral 
     activities at Gulf Islands National Seashore in Mississippi. 
     The modification clarifies the specific lands upon which 
     certain activities are authorized and makes other technical 
     changes to the language.
       Sec. 6035. The conference agreement includes a provision, 
     proposed by the Senate, extending the authorization for 
     section 402(b) of the Surface Mining Control and Reclamation 
     Act of 1977 through September 30, 2005.
       Sec. 6036. The conference agreement includes the 
     Reaffirmation of State Regulation of Resident and Nonresident 
     Hunting and Fishing Act of 2005 as proposed by the Senate.
       Sec. 6037, Sec. 6038, and Sec. 6039. The conference 
     agreement includes several technical corrections to State and 
     Tribal Assistance Grants projects in the Environmental 
     Protection Agency.

                           TRANSFER AUTHORITY

       Section 6040. The conference agreement modifies a general 
     provision as proposed by the Senate (section 6035) pertaining 
     to the repeal of transfer authority for the Departments of 
     Labor and Health and Human Services. The House bill contained 
     no similar provision. The conference agreement repeals the 
     Department of Labor transfer authority provided in section 
     102 of Public Law 108-447, and specifies that the general 
     transfer authority for the Department of Health and Human 
     Services shall be limited to emergency use only, and is not 
     to be used to create new programs, or to fund any project or 
     activity for which no funds were provided in division F of 
     Public Law 108-447.

 TECHNlCAL CORRECTIONS--FUND FOR THE IMPROVEMENT OF EDUCATION--FISCAL 
                               YEAR 2005

       Sec. 6041. The conference agreement includes modified 
     language, similar to that proposed by the Senate (section 
     6036) making technical corrections to projects provided in 
     Public Law 108-447 in the Fund for the Improvement of 
     Education for fiscal year 2005. The House bill included 
     similar language in section 5009.

   TECHNICAL CORRECTIONS--FUND FOR THE IMPROVEMENT OF POSTSECONDARY 
                      EDUCATION--FISCAL YEAR 2005

       Sec. 6042. The conference agreement includes modified 
     language, similar to that proposed by the Senate (section 
     6037), making technical corrections to projects provided in 
     Public Law 108-447 in the Fund for the Improvement of 
     Postsecondary Education for fiscal year 2005. The House bill 
     included similar language in section 5010.

 TECHNICAL CORRECTIONS--FUND FOR THE IMPROVEMENT OF EDUCATION--FISCAL 
                               YEAR 2004

       Sec. 6043. The conference agreement includes a provision 
     proposed by the Senate (section 6038) making a technical 
     correction to a project provided in Public Law 108-199 in the 
     Fund for the Improvement of Education for fiscal year 2004. 
     The House bill did not include similar language.

    CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR GRANT REVIEWS

       Sec. 6044. The conference agreement includes a provision as 
     proposed by the Senate (section 6039) making a technical 
     correction to the appropriation for the Corporation for 
     National and Community Service. The House bill contained the 
     same provision (section 5011).

        MEDICARE HEALTH CARE INFRASTRUCTURE IMPROVEMENT PROGRAM

       Sec. 6045. The conference agreement includes a provision as 
     proposed by the Senate (section 6049) that clarifies the 
     eligibility of institutions that may apply for the cancer 
     hospital loan fund that was created by the Medicare 
     Modernization Act of 2003, and exempts the Secretary's 
     decisions on the program from judicial and administrative 
     review. The House bill contained no similar provision.

              APPLICATION PROCESSING AND ENFORCEMENT FEES

       Sec. 6046. The conference agreement includes a new 
     provision amending the Immigration and Nationality Act to 
     restore the authority of the Secretary of Labor to use a 
     portion of the proceeds from the application fee for the H-IB 
     temporary visa program to process applications for permanent 
     labor certifications.

                 TECHNICAL CORRECTION--HIGHER EDUCATION


                    (INCLUDING RESCISSION OF FUNDS)

       Sec. 6047. The conference agreement includes a new 
     provision making a technical change to a project provided in 
     Public Law 108-447 in the Fund for the Improvement of 
     Postsecondary Education for fiscal year 2005. Neither the 
     House nor Senate bills included this provision.

                         DETROIT LABOR BUILDING

       The conference agreement deletes without prejudice a 
     provision proposed by the Senate to transfer the full title 
     on the Detroit Labor Building to the State of Michigan. The 
     conferees understand this provision is not necessary to 
     complete the sale of the building. The House bill contained 
     no similar provision.
       Sec. 6048. The Conference agreement includes language which 
     authorizes using royalty fees and payments for the Library of 
     Congress, Copyright Office, Copyright Royalty Judges program.
       Sec. 6049 makes a technical correction to Public Law 107-
     68, regarding the Capitol Visitor Center.
       Sec. 6050 makes a technical correction to Public Law 108-7, 
     regarding Senate accounts.
       Sec. 6051. The conference agreement includes a provision 
     making technical corrections regarding NOAA appropriations.
       Sec. 6052. The conference agreement includes a provision 
     making technical corrections regarding NOAA appropriations.
       Sec. 6053. The conference agreement includes a provision 
     making technical corrections regarding NOAA appropriations.
       Sec. 6054. The conference agreement includes a provision, 
     as proposed by the House, making a technical correction for 
     the purpose of a grant.
       Sec. 6055. The conference agreement includes a provision, 
     as proposed by the House, making a technical correction to 
     the name of a grant recipient.

[[Page 8521]]

       Sec. 6056. The conference agreement includes a provision, 
     as proposed by the House, making two technical corrections to 
     a grant recipient.
       Sec. 6057. The conference agreement includes a new 
     provision making two technical corrections to the name of a 
     grant recipient.
       Sec. 6058. The conference agreement includes a provision, 
     modified from the Senate bill, providing a technical 
     correction to the bankruptcy fee collection authorities.
       Sec. 6059. The conference agreement includes a provision 
     regarding a Department of Commerce activity.
       Sec. 6060. The conference agreement includes a provision 
     making a technical correction regarding the 9/11 Heroes Medal 
     of Valor.
       Sec. 6061. The conference agreement includes a provision 
     making technical corrections to grants under the heading 
     ``Capital Investment Grants'' in P.L. 108-447, as proposed by 
     the Senate.
       Sec. 6062. The conference agreement includes a new 
     provision that modifies a project in Massachusetts contained 
     in P.L. 105-178.
       Sec. 6063. The conference agreement includes a technical 
     correction to P. L. 108-447 with regard to the Oklahoma City 
     urbanized area, as proposed by the House.
       Sec. 6064. The conference agreement includes a new 
     provision that authorizes the Secretary of Transportation to 
     access overflight fees beyond the authorized level of 
     $50,000,000 for the purpose of maintaining existing services 
     under the essential air service program. Should the total 
     amount of overflight fees collected not be sufficient to meet 
     all the funding needs of the program in this fiscal year, 
     then the Secretary is authorized to transfer funds from the 
     available balances of any program appropriated to, or 
     directly administered by, the Office of the Secretary to the 
     essential air service program. The Conferees expect the 
     Office of the Secretary to consult with the Committees on 
     Appropriations of the Senate and of the House of 
     Representatives if such a transfer is necessary and identify 
     the source of the funds of said transfer subject to normal 
     reprogramming guidelines.
       Sec. 6065. The conference agreement includes a new 
     provision that reiterates the application of current law 
     regarding U.S. cargo preference requirements to assistance 
     provided in this Act.
       Sec. 6066. The conference agreement includes a provision 
     making technical corrections to certain judiciary fees, as 
     proposed by both the House and the Senate.
       Sec. 6067. The conference agreement includes a provision 
     that corrects the amount provided in P.L. 108-447 for the Las 
     Cruces United States Courthouse to read $60,600,000 instead 
     of $60,000,000, as proposed by the Senate.
       Sec. 6068. The conference agreement includes a provision 
     that corrects a citation in P.L. 108-447 to read 
     ``572(a)(2)(A)(ii)'', as proposed by the Senate.
       Sec. 6069. The conference agreement includes a provision 
     making technical corrections to three grants under the 
     heading ``Community Development Fund'' in P.L. 108-447.
       Sec. 6070. The conference agreement includes a provision 
     making technical corrections to two grants under the heading 
     ``Community Development Fund'' in P.L. 108-7.
       Sec. 6071. The conference agreement includes a provision 
     making technical corrections to eight grants under the 
     heading ``Community Development Fund'' in P.L. 108-199.
       Sec. 6072. The conference agreement includes a provision 
     making technical corrections to seven grants under the 
     heading ``Community Development Fund'' in P.L. 108-447.
       Sec. 6073. The conference agreement includes a technical 
     correction to Section 222 of Title II, Division I of P.L. 
     108-447, as proposed by the Senate.
       Sec. 6074. The conference agreement includes a new 
     provision that raises the ceiling on the number of Home 
     Equity Conversion Mortgages that FHA may insure from 150,000 
     to 250,000.
       Sec. 6075. The conference agreement includes a new 
     provision that permits HUD to use 2005 appropriations to run 
     Public Housing Authorities that are placed under Federal 
     receivership in 2005.
       Sec. 6076. The conference agreement includes a provision 
     that prohibits executive branch agencies from creating 
     prepackaged news stories that are broadcast or distributed in 
     the United States unless the story includes a clear 
     notification within the text or audio of that news story that 
     the prepackaged news story was prepared or funded by that 
     executive branch agency. This provision confirms the opinion 
     of the Government Accountability Office dated February 17, 
     2005 (B-304272).
       Sec. 6077. The conference agreement includes a provision 
     amending the use of District of Columbia local funds, as 
     proposed by both the House and the Senate.
       Sec 6078. The conference agreement includes a provision 
     proposed by the House (Sec. 5012) to amend section 114 of 
     title I of division I of Public Law 108-447 to restrict the 
     use of funds for medical preparedness centers by the 
     Department of Veterans Affairs. The Senate bill contained no 
     similar provision.
       Sec. 6079. The conference agreement includes a provision 
     proposed by the House (Sec. 5013) to amend section 117 of 
     title I of division I of Public Law 108-447 to allow for the 
     direct deposit of funds into the two construction accounts of 
     the Department of Veterans Affairs. The Senate bill contained 
     no similar provision.
       Sec. 6080. The conference agreement includes a modified 
     provision proposed by the House (Sec. 5014) to make certain 
     funds available without fiscal year limitation. The Senate 
     bill contained no similar provision.
       Sec. 6081. The conference agreement includes a provision 
     proposed by the Senate (Sec. 1128) to amend Public Law 108-
     422, adding to the definition in the law concerning ``medical 
     center.'' The House bill contained no similar provision. The 
     conferees are cognizant of the concerns of the Department of 
     Veterans Affairs. As such, the conferees direct the 
     Department to report to the Committees on Appropriations of 
     the House and Senate any significant cost and schedule 
     implications at the affected locations. If such implications 
     are significant, the Committees may address these issues in 
     the fiscal year 2006 regular appropriations bill.
       The conferees note that the Government Accountability 
     Office is required by statute to report to Congress on the 
     expenditures of independent counsels' offices every six 
     months. These reports are submitted to the House and Senate 
     Appropriations Committees, the House and Senate Judiciary 
     Committees and the House Government Reform Committee and the 
     Senate Homeland Security and Governmental Affairs Committee. 
     The conferees expect this reporting to continue for all 
     ongoing independent counsel activities.
       The conference agreement does not include language proposed 
     as Senate Section 6047 expressing the Sense of the Senate 
     regarding timely enactment of appropriations for the United 
     States Armed Forces. The House did not include similar 
     language.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2005 recommended by the Committee of Conference, 
     comparisons to the 2005 budget estimates, and the House and 
     Senate bills for 2005 follow:

                        [In thousands of dollar]

Budget estimates of new (obligational) authority, fiscal year82,042,628
House bill, fiscal year 2005.................................81,366,878
Senate bill, fiscal year 2005................................81,219,945
Conference agreement, fiscal year 2005.......................82,041,478
Conference agreement compared with:....................................
  Budget estimates of new (obligational) authority, fiscal year 2-1,150
  1House bill, fiscal year 2005................................+674,600
  Senate bill, fiscal year 2005...............................+821,533'

                    DIVISION B--REAL ID ACT OF 2005

 Title I--Amendments to Federal Laws to Protect Against Terrorist Entry

       Section 101 of the conference agreement includes language 
     modified from language proposed in section 101 of division B 
     of the House bill. The Senate did not include similar 
     language.
       Asylum Reform: As the staff of the 9/11 Commission 
     determined, terrorist aliens have exploited our asylum laws 
     to enter and remain in the United States.
       Aliens who pose a danger to the national security of the 
     United States have been barred from receiving asylum and 
     withholding of removal by regulation since 1990. In 1996, 
     Congress amended the Immigration and Nationality Act (INA) to 
     explicitly bar aliens who are inadmissible or deportable 
     under terrorism provisions from receiving asylum and 
     withholding. Despite these bars to dangerous aliens receiving 
     asylum, however, the 9/11 Terrorist Travel monograph notes 
     that ``[a] number of terrorists [have] 
     . . . abused the asylum system.'' Mono. at 106.
       For example, Ramzi Yousef and Ahmad Ajaj, plotters of the 
     first World Trade Center bombing, ``concocted bogus political 
     asylum stories when they arrived'' to remain in the United 
     States in 1992. Id. at 50. Similarly, the Blind Sheikh, 
     Sheikh Abdul Rahman, ``avoided being removed from the United 
     States by filing an application for asylum and withholding of 
     deportation to Egypt in 
     . . . 1992.'' Id. at 55.
       In addition to these aliens whose asylum abuse was 
     specifically described in the Terrorist Travel Monograph, 
     other alien terrorists have abused our generous asylum laws. 
     In January 1993, 11 months after he applied for asylum, Mir 
     Aimal Kansi, also known as Mir Aimal Kasi, killed two CIA 
     employees in front of CIA headquarters in Langley, Virginia. 
     Camarota, Steven, ``The Open Door: How Militant Islamic 
     Terrorists Entered and Remained in the United States, 1993-
     2001,'' Center for Immigration Studies, May 2002, at 7, 
     www.cis.org/articles/2002/Paper21/terrorism2.html>; see also 
     Border Security and Enforcement: The 9/11 Commission Staff 
     Report on Training for Border Inspectors, Document Integrity, 
     and Defects in the U.S.

[[Page 8522]]

     Visa Program Before the Subcommittee on Immigration, Border 
     Security and Citizenship and the Subcommittee on Terrorism, 
     Technology, and Homeland Security of the Senate Judiciary 
     Committee, 108th Cong., 1st Sess. (2005) (statement of Janice 
     Kephart). Kansi had been a visa overstay for almost a year 
     before filing that application. ``The Open Door'', at 7. 
     Hesham Hedayet killed two in a shooting spree at LAX on July 
     4, 2002. Immigration and Naturalization Service's (INS's) 
     Interactions with Hesham Mohamed Ali Hedayet Before the 
     Subcommittee on Immigration, Border Security and Claims of 
     the House Judiciary Committee, 107th Cong., 2d Sess. at 7 
     (statement of William Yates, Deputy Executive Associate 
     Commissioner, INS) (2002). He entered the United States in 
     1992, and extended his stay by filing an asylum application 
     one month before his stay ended. Id. His application was 
     administratively denied, but he adjusted his status 17 months 
     later after his wife won the visa lottery. Id. at 7-8.
       Nor did the reforms in the mid-1990s end such abuse. In 
     February 1997, for example, Gazi Ibrahim Abu Mezer was 
     released after entering the United States illegally and after 
     stating that he would be applying for asylum. Special Report 
     of the United States Department of Justice, Office of the 
     Inspector General, ``Bombs in Brooklyn: How the Two Illegal 
     Aliens Arrested for Plotting to Bomb the New York Subway 
     Entered and Remained in the United States'' (March 1998). In 
     April 1997, he filed an asylum application in which he 
     claimed that ``the Israeli government continuously persecuted 
     him.'' Id. On July 31, 1997, Mezer was arrested in a Brooklyn 
     apartment for allegedly planning to bomb the New York City 
     subway system. Id.
       In January 1999, Somali national Nuradin Abdi was granted 
     asylum. Government's Motion to Detain Defendant and 
     Memorandum in Support at 4, United States v. Nuradin M. Abdi 
     (S.D. Ohio 2004) (No. 2:04cr88). Abdi purportedly used that 
     status to apply for a travel document to facilitate an act of 
     international terrorism. See Indictment, United States v. 
     Nuradin M. Abdi (S.D. Ohio 2004) (No. 2:04cr88). After he 
     returned to the United States, he was charged with conspiring 
     to provide material support to al Qaeda, and the Justice 
     Department claims ``that Abdi, along with admitted al Qaeda 
     operative Iyman Ferris and other co-conspirators, initiated a 
     plot to blow up a Columbus [Ohio] area shopping mall.'' Press 
     Release of the United States Department of Justice, ``Ohio 
     Man Indicted for Providing Material Support to Al Qaeda, 
     Falsely Obtaining and Using Travel Documents (June 14, 2004), 
     at 2. The government has revoked his asylum because ``with 
     the exception of some minor biographical data, every aspect 
     of [Abdi's] asylum application . . . was false.'' 
     Government's Motion to Detain Defendant and Memorandum in 
     Support at 4, United States v. Nuradin M. Abdi (S.D. Ohio 
     2004) (No. 2:04cr88).
       Section 101 of Division B responds to terrorist abuse of 
     our asylum laws by amending the INA to limit fraud.
       As there are no explicit evidentiary standards for granting 
     asylum in the INA, standards for determining the credibility 
     of an asylum applicant and the necessity for evidence 
     corroborating an applicant's testimony have evolved through 
     the case law of the Board of Immigration Appeals (BIA) and 
     federal courts. Because these standards are not consistent 
     across federal appellate courts, different results have been 
     reached in similar cases, depending on the court that hears 
     the case.
       With regard to sufficiency of the evidence, for example, 
     the BIA and the federal courts agree that credible testimony 
     alone may suffice to sustain the applicant's burden of proof 
     in some cases, but disagree on when credible testimony alone 
     can meet the burden and when corroboration is needed. The BIA 
     has held that: ``Because the burden of proof is on the alien, 
     an applicant should provide supporting evidence, both of 
     general country conditions and of the specific facts sought 
     to be relied on by the applicant, where such evidence is 
     available. If such evidence is unavailable, the applicant 
     must explain its unavailability, and the Immigration Judge 
     must ensure that the applicant's explanation is included in 
     the record.'' Matter of S-M-J-, 21 I&N Dec. 722 (BIA 1997).
       Section 101 resolves conflicts between administrative and 
     judicial tribunals with respect to standards to be followed 
     in assessing asylum claims. In addition, it makes similar 
     amendments to the standards governing other forms of relief 
     from removal. Finally, this sections corrects references 
     within the asylum provisions to reflect changes in the INA 
     generally.
       Authority: Subsection 101(a) of Division B would amend 
     paragraph 208(b)(1) of the INA to clarify that the Secretary 
     of Homeland Security and the Attorney General both have 
     authority to grant asylum. Because both the Secretary of 
     Homeland Security and the Attorney General may now exercise 
     authority over asylum depending on the context in which 
     asylum issues arise, paragraphs 101(a)(1) and (2) of Division 
     B would accordingly amend paragraph 208(b)(1) of the INA to 
     insert references to both the Attorney General and the 
     Secretary of Homeland Security.
       Paragraph 101(g)(1) of Division B would provide that the 
     references to the authority of the Secretary of Homeland 
     Security would take effect as if enacted on March 1, 2003, 
     which was the official date of transfer of immigration 
     enforcement functions from the INS to the Department of 
     Homeland Security under the Reorganization Plan.
       Burden of Proof and Central Reason: Paragraph 101(a)(3) 
     codifies case law standards for granting asylum, both to 
     resolve conflicts between fora and to codify precedential 
     rules.
       First, that paragraph would create a new clause 
     208(b)(1)(B)(i) in the INA. This clause codifies existing 
     regulations and case law standards stating that the burden of 
     proof is on the asylum applicant to establish eligibility as 
     a refugee. This clause also will clarify the standard that an 
     asylum applicant must meet to establish the motivation for 
     persecution claimed.
       The INA requires all aliens seeking asylum to establish 
     that they suffered or fear persecution ``on account of'' one 
     of five factors: race, religion, nationality, membership in a 
     particular social group, or political opinion. As the Supreme 
     Court has held: ``since the statute makes motive critical, 
     [an asylum applicant] must provide some evidence of it, 
     direct or circumstantial.'' INS v. Elias-Zacarias, 502 U.S. 
     478, 483 (1992).
       In explaining the Supreme Court's decision, the Ninth 
     Circuit stated: ``[I]n those cases in which a persecuted 
     activity could stem from many causes, some protected by the 
     statute and others unprotected, the victim must tie the 
     persecution to a protected cause. To do this, the victim 
     needs to show the persecutor had a protected basis (such as 
     the victim's political opinion) in mind in undertaking the 
     persecution.'' Canas-Segovia v. INS, 970 F.2d 599, 601 (9th 
     Cir. 1992). The BIA has explained the alien's burden as 
     follows: an asylum applicant ``bear[s] the burden of 
     establishing facts on which a reasonable person would fear 
     that the danger arises on account of'' one of the five 
     protected factors. Matter of Fuentes, 19 I & N Dec. 658, 662 
     (BIA 1988).
       The main issue in assessing motivation in an asylum context 
     occurs in so-called ``mixed motive'' cases, where there is 
     more than one possible motive for harm, one protected, others 
     not. In requiring an asylum applicant to establish that at 
     least one central reason for persecution was or will be one 
     of the five factors for asylum relief, this subsection calls 
     for an evaluation of whether the protected characteristic is 
     central to the persecutor's motivation to act.
       Similar language has been advanced as a uniform standard 
     for assessing motivation previously. In the proposed rule 
     dealing with Asylum and Withholding Definitions (the so-
     called ``R-A-'' rule dealing with domestic violence cases), 
     former Attorney General Janet Reno proposed to amend the 
     asylum regulations to implement an almost identical proposal, 
     explained as follows:

       This rule proposes new language . . . that would require an 
     applicant to show that the protected characteristic is 
     central to the persecutor's motivation to act. Consistent 
     with current law, this language allows for the possibility 
     that a persecutor may have mixed motives. It does not require 
     that the persecutor be motivated solely by the victim's 
     possession of a protected characteristic. It does, however, 
     require that the victim's protected characteristic be central 
     to the persecutor's decision to act against the victim. For 
     example, under this definition it clearly would not be 
     sufficient if the protected characteristic was incidental or 
     tangential to the persecutor's motivation.

       65 Fed. Reg. 76588, 76592 (Dec. 7, 2000).
       Because this standard has not yet been adopted, there is 
     currently no uniform standard for assessing motivation. This 
     statutory standard is, however, in keeping with decisions of 
     reviewing courts. See Girma v. INS, 283 F.3d 664, 668 (5th 
     Cir. 2002) (affirming BIA's finding of no persecution on 
     account of qualifying ground, because in mixed motive case 
     ``applicant . . . must present evidence sufficient for one to 
     reasonably believe that the harm suffered was motivated in 
     meaningful part by a protected ground''); Ambartsoumian v. 
     Ashcroft, 388 F.3d 95, 91 (3d Cir. 2004) (applicant failed to 
     show persecution on account of ethnicity, where police 
     harassment was ``mainly because he had failed to obtain 
     proper legal documents and permission, and not because of his 
     ethnicity''); Useinovic v. INS, 313 F.3d 1025, 1033 (7th Cir. 
     2002) (applicant failed to show persecution on account of 
     political opinion based on robbery, where no showing that 
     robbery ``was primarily aimed at him personally and not at 
     [stealing] valuables.''). Ninth Circuit decisions in Borja v. 
     INS, 175 F.3d 732 (9th Cir.1999) and Briones v. INS, 175 F.3d 
     727 (9th Cir.1999) and other cases have substantially 
     undermined a proper analysis of mixed motive cases, however.
       Adopting this standard will address another anomaly in the 
     law that has been created by the Ninth Circuit, one that 
     improperly favors asylum applicants who claim that they have 
     been accused of engaging in terrorist, militant, or guerrilla 
     activity. In Singh v. Ilchert, 63 F.3d 1501, 1509 (9th Cir. 
     1995), the Ninth Circuit equated the ``investigation of and 
     reaction against those thought, rightly or wrongly, to be 
     militants seeking the violent overthrow of the government'' 
     with ``a classic example of imputed

[[Page 8523]]

     political opinion,'' rendering the applicant eligible for 
     asylum. The court there also recognized a presumption of 
     persecution on account of political opinion in the absence of 
     evidence of what it termed a ``legitimate government 
     prosecution'' of a suspected militant. See id. at 1509 (``In 
     this case, Singh was not the target of any legitimate 
     government prosecution. As in Blanco-Lopez, `[w]e find no 
     evidence in the record . . . that an actual, legitimate, 
     criminal prosecution was initiated against [the 
     applicant.]'Blanco-Lopez [v. INS], 858 F.2d [531], 534 [(9th 
     Cir. 1988)]. If `there is no evidence of a legitimate 
     prosecutorial purpose for a government's harassment of a 
     person . . . there arises a presumption that the motive for 
     harassment is political.' Hernandez-Ortiz v. INS, 777 F.2d 
     509, 516 (9th Cir.1985) (`When a government exerts its 
     military strength against an individual or a group within its 
     population and there is no reason to believe that the 
     individual or group has engaged in any criminal activity or 
     other conduct that would provide a legitimate basis for 
     governmental action, the most reasonable presumption is that 
     the government's actions are politically motivated.''')).
       This presumption violates the Supreme Court precedent 
     Elias-Zacarias, which requires asylum applicants to provide 
     evidence of motivation. Further, this presumption 
     effectively, but improperly, shifts the burden to the 
     government to prove either a ``legitimate purpose'' for the 
     foreign government's interest in the alien, or that the 
     alien's claim is not credible, or that the alien is barred 
     from asylum relief because, for example, that alien actually 
     is a terrorist or a persecutor.
       Plainly, an alien who is a terrorist could more easily 
     fabricate a claim that his home government believes 
     erroneously that he is a terrorist. This is suggested by the 
     case of Gazi Ibrahim Abu Mezer, who was sentenced to life 
     imprisonment for planning to bomb the New York subway system 
     in 1997. See United States v. Khalil, 214 F.3d 111, 115 (2d 
     Cir. 2000), cert. denied, 531 U.S. 937 (2000). Mezer was free 
     in the United States after he was arrested in Washington 
     State by the Border Patrol, which initiated formal 
     deportation proceedings against him. Special Report of the 
     United States Department of Justice, Office of the Inspector 
     General, ``Bombs in Brooklyn: How the Two Illegal Aliens 
     Arrested for Plotting to Bomb the New York Subway Entered and 
     Remained in the United States'' (March 1998). While in 
     proceedings, Mezer was released on a $5,000 bond and filed an 
     application for political asylum in the United States. Id. In 
     his asylum application, Mezer claimed that Israeli 
     authorities had persecuted him because they wrongly believed 
     he was a member of Hamas. Id. In support of his claim that 
     Israel authorities had detained him twice without cause, 
     Mezer attached two documents from the International Committee 
     of the Red Cross. Id. One document reflected that Mezer was 
     arrested on July 31, 1990, and held for 42 days for a 
     ``security'' violation. Id. The second document indicated 
     that Mezer was arrested on November 25, 1990, and held for 
     approximately 90 days for ``administrative'' reasons. Id.
       According to the investigation of the case by the Justice 
     Department's Inspector General, the judge who received that 
     application ``did not notice that Mezer had said he was 
     suspected of being a terrorist in Israel. She added that the 
     assertion about Hamas, in itself, was not persuasive evidence 
     that Mezer was a terrorist or that he should be detained, 
     particularly because Mezer denied the assertion and also 
     because he returned for this hearing after he had posted 
     bond.'' Id. (emphasis added). The Inspector General 
     continued:

       INS trial attorneys whom we interviewed discussed some of 
     the reasons that immigration judges do not normally detain 
     aliens based only on their statements that they had been 
     falsely accused of membership in a terrorist organization. 
     First, they said that it was common for aliens to make such 
     claims in support of asylum applications. INS Trial attorney 
     Tammy Fitting estimated that on average, she saw one such 
     claim each day during her work as a trial attorney.

       Id. The burden that the government must bear in responding 
     to such claims is compounded by two other issues. First, a 
     regulation that bars the disclosure of information contained 
     in an asylum application, or even the fact that an alien has 
     applied for asylum, hinders the government's ability to 
     confirm the veracity of asylum claims, or to obtain evidence 
     that contradicts an alien's asylum claims. See 8 CFR 
     Sec. 208.6. Second, information that ties a specific alien to 
     terrorism is likely to be classified. The use of classified 
     information in section 240 removal proceedings is disfavored, 
     however. See e.g., Haddam v. INS, 54 F. Supp. 2d 588, 598 
     (E.D.Va. 1999) (``The use of secret evidence against a party, 
     evidence that is given to, and relied on, by the IJ and BIA 
     but kept entirely concealed from the party and the party's 
     counsel, is an obnoxious practice, so unfair that in any 
     ordinary litigation context, its unconstitutionality is 
     manifest.'').
       The ``central reason'' standard will eliminate this 
     presumption, and require aliens who allege persecution 
     because they have been erroneously identified as terrorists 
     to bear the same burden as all other asylum applicants, that 
     is, they will have to offer direct or circumstantial evidence 
     of motive, in accordance with Supreme Court precedent.
       Finally, with respect to so-called ``mixed-motive'' claims, 
     under this amendment, asylum may be granted where there is 
     more than one motive for mistreatment, as long as at least 
     one central reason for the mistreatment is on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion.
       Corroboration and Credibility. Clauses 208(b)(1)(B)(ii) and 
     (iii), added by paragraph 101(a)(3) of Division B, will bring 
     clarity and consistency to evidentiary determinations by 
     codifying standards for determining the credibility of 
     applicant testimony, and determining when corroborating 
     evidence may be required.
       Corroboration: As a preliminary matter, new clause 
     208(b)(1)(B)(ii) of the INA codifies the BIA case law 
     standard that the testimony of an asylum applicant can be 
     sufficient to sustain the asylum applicant's burden of proof 
     without corroboration, where the adjudicator determines that 
     such testimony is credible, persuasive, and refers to 
     specific facts demonstrating refugee status. Many aliens 
     validly seeking asylum arrive in the United States with 
     little or no evidence to corroborate their claims. This 
     clause recognizes that a lack of extrinsic or corroborating 
     evidence will not necessarily defeat an asylum claim where 
     such evidence is not reasonably available to the applicant.
       Codifying the BIA's corroboration standards, new clause 
     208(b)(1)(B)(ii) in the INA states that if an adjudicator 
     determines that an asylum applicant should provide 
     corroborating evidence for otherwise credible testimony, such 
     corroborating evidence must be provided unless the applicant 
     does not have it and cannot reasonably obtain it. Although 
     this provision makes it possible for an alien to prove 
     eligibility for asylum without corroborating evidence, the 
     inability to obtain corroborating evidence does not relieve 
     the applicant from sustaining the burden of proof, that is, 
     the alien must satisfy his burden through other evidence.
       This provision is based upon the standard set forth in the 
     BIA's decision in Matter of S-M-J-, 21 I&N Dec. 722. The BIA 
     held there:

      Because the burden of proof is on the alien, an applicant 
     should provide supporting evidence, both of general country 
     conditions and of the specific facts sought to be relied on 
     by the applicant, where such evidence is available. If such 
     evidence is unavailable, the applicant must explain its 
     unavailability, and the Immigration Judge must ensure that 
     the applicant's explanation is included in the record. 
     Moreover, general country condition information may be 
     necessary to support an applicant's testimony where the 
     alien's claim is based on allegations which may be 
     independently verified. ``(W)hen the basis of an asylum claim 
     becomes less focused on specific events involving the 
     respondent personally and instead is more directed to broad 
     allegations regarding general conditions in the respondent's 
     country of origin, corroborative background evidence that 
     establishes a plausible context for the persecution claim (or 
     an explanation for the absence of such evidence) may well be 
     essential.''

       Id. at 724 (internal citations omitted). With respect to 
     evidence to support the applicant's specific claim, the BIA 
     explained:

      Unreasonable demands are not placed on an asylum applicant 
     to present evidence to corroborate particular experiences 
     (e.g., corroboration from the persecutor). However, where it 
     is reasonable to expect corroborating evidence for certain 
     alleged facts pertaining to the specifics of an applicant's 
     claim, such evidence should be provided. That is, an asylum 
     applicant should provide documentary support for material 
     facts which are central to his or her claim and easily 
     subject to verification, such as evidence of his or her place 
     of birth, media accounts of large demonstrations, evidence of 
     a publicly held office, or documentation of medical 
     treatment. If the applicant does not provide such 
     information, an explanation should be given as to why such 
     information was not presented. . . . The absence of such 
     corroborating evidence can lead to a finding that the 
     applicant has failed to meet her burden of proof.

       Id. at 725-26. Congress anticipates that the standards in 
     Matter of S-M-J-, including the BIA's conclusions on 
     situations where corroborating evidence is or is not 
     required, will guide the BIA and the courts in interpreting 
     this clause.
       Credibility: Proposed new clause 208(b)(1)(B)(iii) of the 
     INA codifies factors identified in case law on which an 
     adjudicator may make a credibility determination, including 
     demeanor, candor, responsiveness, inherent plausibility of 
     the account, consistency between the written and oral 
     statements (regardless of when it was made and whether it was 
     under oath, and considering the circumstances under which the 
     statements were made), internal consistency of a statement, 
     consistency of statements with the country conditions in the 
     country from which the applicant claims asylum, and any 
     inaccuracies or falsehoods in such statements. This section 
     reiterates the rule that

[[Page 8524]]

     an asylum adjudicator is entitled to consider credible 
     testimony along with other evidence.
       Again, the creation of a uniform standard for credibility 
     is needed to address a conflict on this issue between the 
     Ninth Circuit on one hand and other circuits and the BIA. In 
     Elias-Zacarias, 502 U.S. 478, the Supreme Court rejected the 
     notion that a reviewing court may overturn a determination of 
     the BIA in an asylum case whenever the court believes that 
     the evidence supports a conclusion different from that of the 
     BIA. It explained that ``[t]o reverse the BIA finding we must 
     find that the evidence not only supports that conclusion, but 
     compels it.'' Id. at 481 n.1. Thus, an asylum applicant who 
     ``seeks to obtain judicial reversal of the BIA's 
     determination . . . must show that the evidence he presented 
     was so compelling that no reasonable factfinder could fail to 
     find the requisite fear of persecution.'' Id. at 483-484.
       In 1996, as part of IIRIRA, Congress codified the 
     principles that the Court articulated in Elias-Zacarias. 
     Congress directed that a court of appeals reviewing an order 
     of removal must confine its review to the administrative 
     record before the agency and must accept the BIA's findings 
     of fact as ``conclusive unless any reasonable adjudicator 
     would be compelled to conclude to the contrary.'' Sections 
     242(b)(4)(A) and (B) of the INA.
       This clause will allow Immigration Judges and the BIA to 
     follow commonsense standards in assessing the credibility of 
     asylum applicants better allowing them to identify and reject 
     fraudulent claims. It should be noted, however, that although 
     clause 208(b)(1)(B)(iii) would allow an adjudicator to base 
     an adverse credibility determination on any of the factors 
     set forth therein, such a determination must be reasonable 
     and take into consideration the individual circumstances of 
     the specific witness and/or applicant.
       While the trier of fact is not required to state expressly 
     that the trier has considered each factor in assessing 
     credibility, Congress expects that the trier of fact will 
     describe those factors that form the basis of the trier's 
     opinion. This is true even where the trier of fact bases a 
     credibility determination in part or in whole on the demeanor 
     of the applicant.
       Courts have recognized the expertise that Immigration 
     Judges bring to this task. As the Ninth Circuit has held, for 
     example: ``An immigration judge alone is in a position to 
     observe an alien's tone and demeanor, to explore 
     inconsistencies in testimony, and to apply workable and 
     consistent standards in the evaluation of testimonial 
     evidence. He is, by virtue of his acquired skill, uniquely 
     qualified to decide whether an alien's testimony has about it 
     the ring of truth.'' Sarvia- Quintanilla v. INS, 767 F.2d 
     1387, 1395 (9th Cir.1985).
       In assessing an applicant's demeanor for purposes of making 
     a credibility assessment, Congress anticipates that triers of 
     fact will rely on those aspects of demeanor that are 
     indicative of truthfulness or deception. For example, in 
     explaining why it ``granted special deference to the IJ's 
     eyewitness observations regarding demeanor evidence,'' the 
     Ninth Circuit cited to an explanation that it had given ``in 
     the context of a similarly-situated administrative law 
     judge,'' holding: ``Weight is given to the administrative law 
     judge's determinations of credibility for the obvious reason 
     that he or she sees the witnesses and hears them testify, 
     while the Board and the reviewing court look only at cold 
     records.' All aspects of the witness's demeanor--including 
     the expression of his countenance, how he sits or stands, 
     whether he is inordinately nervous, his coloration during 
     critical examination, the modulation or pace of his speech 
     and other non-verbal communication--may convince the 
     observing trial judge that the witness is testifying 
     truthfully or falsely.'' Mendoza Manimbao v. Ashcroft, 329 
     F.3d 655, 662 (9th Cir. 2003). As noted, a credibility 
     determination should follow an examination of all relevant 
     circumstances, including the circumstances of the individual 
     applicant.
       Finally, this provision makes it clear that there is no 
     presumption of credibility, but if no adverse credibility 
     determination is explicitly made, the applicant or witness 
     has a rebuttable presumption of credibility on appeal.
       Effective Dates. Paragraph 101(g)(2) would provide that the 
     asylum standards established in paragraph 101(a)(3) of 
     Division B shall take effect on the date of enactment and 
     apply to asylum applications made on or after such date, 
     therefore, the standards would not apply by statute to asylum 
     applications filed before the date of enactment, although 
     such standards in existing case law would apply.
       Standards for Granting Withholding of Removal. Paragraph 
     241(b)(3) of the INA places restrictions on removal to a 
     country where an alien's life or freedom would be threatened. 
     Withholding is a form of protection similar to asylum, with 
     some critical differences. Asylum is a discretionary form of 
     relief, for which the standard is a ``well-founded fear of 
     persecution.'' Withholding of removal, on the other hand, is 
     mandatory protection from removal for those who can satisfy 
     the higher standard of a ``clear probability of 
     persecution,'' also expressed as ``more likely than not'' 
     that an alien would be persecuted. There are other key 
     differences between the two forms of relief. A person who has 
     been granted asylum has been admitted into the United States, 
     although the status is not a right to reside permanently in 
     the United States. An alien who is granted withholding has 
     not been granted legal entry into the United States and may 
     be removed to his country when there is no longer any threat 
     to his life or freedom. Withholding of removal is only 
     specific to a particular country and therefore does not 
     preclude removal to another country. An alien granted 
     withholding of removal may not adjust to the status of a 
     lawful permanent resident and the alien's family members are 
     not eligible to come to the United States via the alien's 
     status in the United States.
       In contrast, an alien granted asylum may adjust status 
     under subsection 209(b) of the INA after being present in the 
     United States for one year after the grant of asylum if the 
     alien still meets the definition of refugee, is not firmly 
     resettled in any other country and is otherwise admissible as 
     an immigrant (with exemptions from certain grounds of 
     inadmissibility). Additionally, under paragraph 208(b)(3) of 
     the INA, the spouse and children of an alien granted asylum, 
     if not otherwise eligible for asylum, may be granted asylum 
     themselves if accompanying or following to join the alien. 
     Aside from the higher standard for burden of proof, 
     withholding of removal involves similar consideration of 
     credibility and corroboration factors and some of the same 
     issues regarding Ninth Circuit jurisprudence.
       Subsection 101(c) of Division B would amend paragraph 
     241(b)(3) of the INA by applying to and codifying for 
     withholding of removal applications the same standards for 
     sustaining the applicable burden of proof and for assessing 
     credibility that would be used for asylum adjudications under 
     clauses 208(b)(1)(B)(ii) and (iii) of the INA, as added by 
     paragraph 101(a)(3) of Division B.
       Subsection 101(h)(2) of Division B would provide that the 
     withholding of removal standards established in subsection 
     101(c) take effect on the date of enactment and apply to 
     withholding applications made on or after such date. 
     Accordingly, those standards would not apply by statute to 
     applications filed before the date of enactment, although 
     such standards in existing case law would apply.
       Other Applications for Relief. Subsection 101(d) of 
     Division B would add a new paragraph 240(c)(4) to the INA. 
     This paragraph would apply the credibility and corroboration 
     standards in section 101(a)(3) of Division B to other 
     applications for relief and protection from removal. The new 
     paragraph also codifies the current requirement that an alien 
     applying for relief or protection, and also that he or she 
     merits that relief as a matter of discretion, if the relief 
     is discretionary.
       Subsection 101(h)(2) of Division B would provide that the 
     standards established in subsection 101(d) shall take effect 
     on the date of enactment and apply to withholding 
     applications made on or after such date. Accordingly, those 
     standards would not apply by statute to applications filed 
     before the date of enactment, although such standards in 
     existing case law would apply.
       Judicial Review of Corroboration Determinations: Subsection 
     101(e) of Division B would amend paragraph 242(b)(4) of the 
     INA by establishing a specific standard of review for 
     reversal of determinations concerning the availability of 
     corroborating evidence by an adjudicator considering an 
     application for asylum, withholding of removal, or other 
     applications for relief or protection. This subsection would 
     apply the prevailing standard of review for factual 
     determinations in subparagraph 242(b)(4)(B) of the INA to 
     determinations about the availability of corroborating 
     evidence, itself a factual determination. This provision 
     underscores that the appropriate standard of review for such 
     determinations is the deferential factual review standard.
       Subsection 101(g)(3) of Division B would provide that the 
     standards established in subsection 101(e) shall take effect 
     on the date of enactment and apply to all cases in which the 
     final removal order was issued before, on, or after such 
     date.
       Clarification of Discretionary Relief Provision: Subsection 
     101(f) would amend subparagraph 242(a)(2)(B) of the INA by 
     clarifying that the provision barring judicial review of 
     denials of discretionary relief applies regardless of whether 
     the discretionary judgment, decision, or action is made in 
     removal proceedings. It also amends subparagraph 242(a)(2)(B) 
     of the INA by adding reference to the Secretary of Homeland 
     Security, to clarify the text and make it consistent with the 
     aims of the Reorganization Plan for the Department of 
     Homeland Security.
       Subsection 101(g)(4) of Division B would provide that the 
     amendments in subsection 101(f) shall take effect on the date 
     of enactment and apply to all cases pending before, on, or 
     after such date.
       Removal of Caps. Section 209 of the INA currently provides 
     that the Attorney General may adjust the status of aliens 
     granted asylum to lawful permanent residence if they satisfy 
     certain conditions, subject to a

[[Page 8525]]

     cap of 10,000 persons per fiscal year (aside from certain 
     groups of asylees who are or have been exempt from the cap or 
     subject to limits set in other legislation). Paragraph 
     101(g)(1) of Division B would eliminate the cap for 
     adjustment of status for asylees. It would also replace 
     references to the ``Immigration and Naturalization Service'' 
     with references to the ``Department of Homeland Security'' 
     and replace references to the ``Attorney General'' with 
     references to the ``Secretary of Homeland Security or the 
     Attorney General.''
       Similarly, under section 207(a)(5) of the INA, not more 
     than 1,000 aliens may be admitted as refugees or granted 
     asylum under the provision of section 101(a)(42) therein 
     relating to persecution for resistance to coercive population 
     control methods. Paragraph 101(g)(2) would strike the 
     limitation on grants under this provision.
       Subsection 101(f), lifting these caps, shall take effect on 
     the date of enactment of Division B, pursuant to paragraph 
     101(g)(5).
       Repeal of the Study and Report on Terrorists and Asylum. 
     Section 5403 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 provides that ``the Comptroller 
     General of the United States shall conduct a study to 
     evaluate the extent to which weaknesses in the United States 
     asylum system and withholding of removal system have been or 
     could be exploited by aliens connected to, charged in 
     connection with, or tied to terrorist activity,'' including 
     the extent to which precedential court decisions may have 
     affected the ability of the Federal Government to prove that 
     an alien is a terrorist who should be denied asylum and/or 
     removed.
       Subsection 101(h) of Division B would repeal the 
     requirement for the study and report, because the other 
     provisions in section 101 of Division B would resolve the 
     vulnerability of the asylum and withholding of removal 
     systems to terrorist exploitation.
       Section 102 of the conference agreement includes language 
     modified from language proposed in section 102 of division B 
     of the House bill. The Senate did not include similar 
     language.
       Section 102 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 provides for construction and 
     strengthening of barriers along U.S. land borders and 
     specifically provides for 14 miles of barriers and roads 
     along the border near San Diego, beginning at the Pacific 
     Ocean and extending eastward. It provides for a waiver of the 
     Endangered Species Act of 1973 (ESA) and the National 
     Environmental Policy Act of 1969 (NEPA) to the extent the 
     Attorney General determines is necessary to ensure 
     expeditious construction of barriers and roads. Despite the 
     existing waiver provision, construction of the San Diego area 
     barriers has been delayed due to a dispute involving other 
     laws. The California Coastal Commission has prevented 
     completion of the San Diego border security infrastructure 
     because it alleges that plans to complete it are inconsistent 
     with the California Coastal Management Program, a state 
     program approved pursuant to the federal Coastal Zone 
     Management Act (CZMA)--notwithstanding the fact that the San 
     Diego border security infrastructure was designed to avoid 
     and/or minimize adverse environmental impacts, and the Bureau 
     of Customs and Border Protection (CBP) of the Department of 
     Homeland Security testified before the California Coastal 
     Commission that the plans for completion were consistent with 
     the Coastal Management Program to the maximum extent 
     practicable without sacrificing the effectiveness of the 
     border security infrastructure. Continued delays caused by 
     litigation have demonstrated the need for additional waiver 
     authority with respect to other laws that might impede the 
     expeditious construction of security infrastructure along the 
     border, such as the Coastal Zone Management Act.
       Current Law. Section 102(c) of IIRIRA provided for a waiver 
     of the ESA and NEPA to the extent the Attorney General 
     determines is necessary to ensure expeditious construction of 
     barriers and roads.
       Section 102 of the conference report would amend the 
     current provision to require the Secretary of Homeland 
     Security to waive all laws that he or she determines, in his 
     or her sole discretion, are necessary to ensure the 
     expeditious construction of the border barriers.
       Additionally, it would prohibit judicial review of a waiver 
     decision or action by the Secretary and bar judicially 
     ordered compensatory, declaratory, or injunctive, equitable, 
     or any other relief or other remedy for damage alleged to 
     result from any such decision or action. As discussed above, 
     current statutes and the Reorganization Plan for the 
     Department of Homeland Security have not amended and 
     clarified references to executive authority throughout the 
     INA. Accordingly, the provision would have replaced the 
     reference in current law to the Attorney General by a 
     reference to the Secretary of Homeland Security.
       The Conferees have revised the House provision in the 
     following respects. First, the revised provision authorizes 
     but does not require the Secretary of DHS to waive any legal 
     requirements that he or she, in his or her sole discretion, 
     determines are necessary to ensure expeditious construction 
     of border security infrastructure. Second, the provision 
     clarifies the intent of the conference report by substituting 
     a reference to waiver of ``all legal requirements'' for the 
     prior reference to waiver of ``all laws'', clarifying 
     Congress'' intent that the Secretary's discretionary waiver 
     authority extends to any local, state or federal statute, 
     regulation, or administrative order that could impede 
     expeditious construction of border security infrastructure. 
     Third, the conferees provided that any such waiver would 
     become effective upon publication in the Federal Register, 
     thereby ensuring appropriate public notice of such 
     determinations. Finally, the Conferees have provided federal 
     judicial review for claims alleging that the actions or 
     decisions of the Secretary violate the United States 
     Constitution. The Conferees have further provided that such 
     claims must be filed within sixty days of the Secretary's 
     action or decision, and that interlocutory or final 
     judgments, decrees, or orders of federal district courts on 
     such claims may be reviewed only upon petition for a writ of 
     certiorari to the Supreme Court of the United States. The 
     Conferees' intent is to ensure that judicial review of 
     actions or decisions of the Secretary not delay the 
     expeditious construction of border security infrastructure, 
     thereby defeating the purpose of the Secretary's waiver.
       Section 106 of the conference agreement includes language 
     modified from language proposed in section 105 of division B 
     of the House bill. The Senate did not include similar 
     language.
       Section 106 of Division B addresses a number of judicial 
     review anomalies improperly favoring criminal aliens that 
     were created by court decisions interpreting changes to the 
     INA in 1996. Since 1961, Congress has consistently provided 
     that only the courts of appeals may review removal orders. 
     From 1961 through 1996, the INA provided that review in the 
     courts of appeals ``shall be the sole and exclusive 
     procedure'' for judicial review of deportation orders. See 
     INA subsection 106(a) (1995) (entitled ``Exclusiveness of 
     procedure''). As the legislative history behind this 
     provision reveals, Congress aimed to ``create a single, 
     separate, statutory form of judicial review of administrative 
     orders for the deportation and exclusion of aliens from the 
     United States.'' H.R. REP. NO. 1086, 87th Cong., 1st Sess., 
     reprinted in 1961 U.S.C.C.A.N. 2950, 2966 (1961). Congress's 
     ``fundamental purpose'' was ``to abbreviate the process of 
     judicial review of deportation orders'' and to ``eliminat[e] 
     the previous initial step in obtaining judicial review--a 
     suit in a District Court.'' Foti v. INS, 375 U.S. 217, 224 
     (1963); accord Agosto v. INS, 436 U.S. 748, 752-53 (1978); 
     Giova v. Rosenberg, 379 U.S. 18 (1964) (per curiam). Thus, a 
     final order of deportation could be challenged only in the 
     appropriate court of appeals upon a timely filed petition for 
     review.
       Such order could not have been challenged in district court 
     by way of habeas corpus. Although the INA contained another 
     provision permitting habeas review, see INA Sec. 106(a)(10) 
     (1995), several circuits interpreted that provision as not 
     providing habeas review over deportation orders, but only 
     review over collateral issues, such as whether the alien 
     should be released from custody or granted a stay of 
     deportation pending a petition for review.
       Moreover, to the extent that habeas review of deportation 
     orders had been available before 1996, Congress attempted to 
     eliminate it in enacting the Antiterrorism and Effective 
     Death Penalty Act of 1996 (AEDPA), Pub. L. 104-132, 110 Stat. 
     1214 (April 24, 1996). One of the statute's provisions, 
     entitled ``Elimination of Custody Review by Habeas Corpus,'' 
     expressly repealed the former habeas provision. See 
     subsection 401(e), 110 Stat. 1268, repealing INA paragraph 
     106(a)(10) (1995). This was part of Congress's broad efforts 
     to streamline immigration proceedings. Indeed, to expedite 
     removal, section 440(a) of AEDPA precluded all judicial 
     review of deportation orders for certain classes of criminal 
     aliens. 110 Stat. 1276-77 (providing that such orders ``shall 
     not be subject to review by any court'').
       Congress continued these streamlining reforms when it 
     enacted the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 
     Stat. 3546 (Sept. 30, 1996). In IIRIRA, Congress 
     reestablished that only courts of appeals--and not district 
     courts--could review a final removal order (or, to use the 
     pre-1996 nomenclature, deportation order or exclusion order). 
     See section 242(a)(1) of the INA (incorporating the Hobbs 
     Act, 28 U.S.C. Sec. 2347). In addition, Congress made clear 
     that review of a final removal order is the only mechanism 
     for reviewing any issue raised in a removal proceeding. 
     Section 242(b)(9) of the INA (2000); see also IIRIRA 
     Sec. 309(c)(4)(A) (transition rules). Together, these 
     provisions were intended to preclude all district court 
     review of any issue raised in a removal proceeding. Finally, 
     as it did in AEDPA, Congress confirmed that criminal aliens 
     could not obtain any judicial review. IIRIRA expressly 
     provided that, ``[n]otwithstanding any other provision of 
     law, no court shall have jurisdiction to review any final 
     order of removal against an alien who is removable by reason 
     of having committed'' one of various criminal offenses, 
     including aggravated felonies. See section 242(a)(2)(C) 
     (2000) (emphasis added); see also S. Rep. No. 104-249,

[[Page 8526]]

     104th Cong, 2d Sess. at 7 (``Aliens who violate U.S. 
     immigration law should be removed from this country as soon 
     as possible.'').
       Despite Congress's efforts to limit judicial review in 
     1996, the Supreme Court expanded it just five years later. In 
     INS v. St. Cyr, the Supreme Court held that criminal aliens 
     are actually entitled to more review than they had before the 
     1996 amendments, and more review than non-criminal aliens. 
     INS v. St. Cyr, 533 U.S. 289 (2001). Specifically, the Court 
     held that criminal aliens could seek habeas review of their 
     removal orders under 28 U.S.C. Sec. 2241. With habeas review, 
     the criminal alien would get review in district court and, on 
     appeal, in the court of appeals.
       The basis for the Court's decision was that Congress never 
     ``explicitly mention[ed]'' section 2241 or habeas when it 
     eliminated all judicial review over criminal aliens' removal 
     orders. Id. at 312-13. According to the Court, an explicit 
     reference to section 2241 or habeas was necessary because 
     Congress did not provide for ``another judicial forum'' for 
     criminal aliens to raise pure questions of law because, as 
     noted, whereas non-criminal aliens could challenge their 
     removal orders in the courts of appeals, under AEDPA and 
     IIRIRA, criminal aliens could not. Id. at 298-300, 312-14; 
     see also id. at 312 n.36 (``Congress'' failure to refer 
     specifically to Sec. 2241 is particularly significant.''). 
     Thus, as a matter of statutory interpretation, the Court held 
     that criminal aliens could bring habeas actions under section 
     2241.
       The Court recognized that, as a result of its decision, 
     criminal aliens would be able to seek review in district 
     court and, on appeal, in the courts of appeals, whereas non-
     criminal aliens could obtain review only in the courts of 
     appeals. It noted that Congress could fix this anomaly, 
     however. As the Court stated, ``Congress could without 
     raising any constitutional questions, provide an adequate 
     substitute [to section 2241] through the courts of appeals.'' 
     Id. at 314. n.38.
       Among the many problems caused by St. Cyr, the most 
     significant is that this decision allows criminal aliens to 
     delay their expulsion from the United States for years.
       Furthermore, because of St. Cyr, aliens who have committed 
     serious crimes in the United States are generally able to 
     obtain more judicial review than non-criminal aliens. As the 
     dissent in St. Cyr pointed out, allowing criminal aliens to 
     obtain habeas review of their immigration orders in the 
     district court ``brings forth a version of the statute that 
     affords criminal aliens more opportunities for delay-inducing 
     judicial review than are afforded to non-criminal aliens, or 
     even than were afforded to criminal aliens prior to the 
     legislation concededly designed to expedite their removal.'' 
     533 U.S. at 327 (Scalia, J. dissenting). This is because, 
     under St. Cyr, criminal aliens are able to begin the judicial 
     review process in the district court, and then appeal to the 
     circuit court of appeals. Criminal aliens thus can obtain 
     review in two judicial forums, whereas non-criminal aliens 
     may generally seek review only in the courts of appeals. Not 
     only is this result unfair and illogical, but it also wastes 
     scarce judicial and executive resources.
       Finally, the result in St. Cyr has created confusion in the 
     federal courts as to what immigration issues can be reviewed, 
     and which courts can review them. The decision in St. Cyr 
     itself held that district courts, and not the courts of 
     appeals, have habeas corpus review authority over statutory 
     claims involving discretionary immigration relief. See also 
     Calcano-Martinez v. INS, 533 U.S. 348, 351-52 (2001). On the 
     other hand, after St. Cyr, every circuit court has held that 
     courts of appeals retain jurisdiction to review limited 
     threshold ``jurisdiction to determine jurisdiction'' 
     questions raised by criminal aliens in petitions for review. 
     Therefore, following St. Cyr, some issues are still 
     reviewable in the circuit courts while others are reviewable 
     only in the district courts, resulting in bifurcated and 
     inefficient review. Additionally, the circuits have split on 
     the question of which court may entertain constitutional 
     challenges to criminal aliens' removal orders (a question 
     left open in St. Cyr). All of this has resulted in piecemeal 
     review, uncertainty, lack of uniformity, and a waste of 
     resources both for the judicial branch and Government 
     lawyers--the very opposite of what Congress tried to 
     accomplish in 1996.
       Section 106 of Division B would address the anomalies 
     created by St. Cyr and its progeny by restoring uniformity 
     and order to the law. First, under this section, criminal 
     aliens will have fewer opportunities to delay their removal, 
     because they will not be able to obtain district court review 
     in addition to circuit court review, and will not be able to 
     ignore the thirty-day time limit on seeking review. Second, 
     criminal aliens will not receive more judicial review than 
     non-criminals. Under the amendments in section 106, all 
     aliens will get review in the same forum--the courts of 
     appeals. Third, by channeling review to the courts of 
     appeals, section 106 will eliminate the problems of 
     bifurcated and piecemeal litigation. Thus, the overall effect 
     of the proposed reforms is to give every alien a fair 
     opportunity to obtain judicial review while restoring order 
     and common sense to the judicial review process.
       Significantly, this section does not eliminate judicial 
     review, but simply restores such review to its former settled 
     forum prior to 1996. Under section 106, all aliens who are 
     ordered removed by an immigration judge will be able to 
     appeal to the BIA and then raise constitutional and legal 
     challenges in the courts of appeals. No alien, not even 
     criminal aliens, will be deprived of judicial review of such 
     claims. Unlike AEDPA and IIRIRA, which attempted to eliminate 
     judicial review of criminal aliens' removal orders, section 
     106 would give every alien one day in the court of appeals, 
     satisfying constitutional concerns. The Supreme Court has 
     held that in supplanting the writ of habeas corpus with an 
     alternative scheme, Congress need only provide a scheme which 
     is an ``adequate and effective'' substitute for habeas 
     corpus. See Swain v. Pressley, 430 U.S. 372, 381 (1977). 
     Indeed, in St. Cyr itself, the Supreme Court recognized that 
     ``Congress could, without raising any constitutional 
     questions, provide an adequate substitute through the courts 
     of appeals.'' St. Cyr, 533 U.S. at 314 n.38 (emphasis added). 
     By placing all review in the courts of appeals, Division B 
     would provide an ``adequate and effective'' alternative to 
     habeas corpus. Id.
       Further, while the reforms in section 106 would preclude 
     criminals from obtaining review over non-constitutional, non-
     legal claims, it would not change the scope of review that 
     criminal aliens currently receive, because habeas review does 
     not cover discretionary determinations or factual issues that 
     do not implicate constitutional due process. See, e.g., St. 
     Cyr, 533 U.S. at 306-07 & n.27 (recognizing that habeas 
     courts do not review ``exercise[s] of discretion'' or 
     ``factual determinations'' that do not implicate due 
     process); Fong Yue Ting v. INS, 149 U.S. 698, 713-14 (1893) 
     (``Congress might intrust the final determination of . . . 
     facts to an executive officer''); Heikkila v. Barber, 345 
     U.S. 229, 236 (1953) (``the function of the courts has always 
     been limited to the enforcement of due process 
     requirements''); Ter Yang v. INS, 109 F.3d 1185, 1195 (7th 
     Cir. 1997) (``the Supreme Court long ago made it clear that 
     this writ does not offer what our petitioners desire: review 
     of discretionary decisions by the political branches of 
     government''); see also Sol v. INS, 274 F.3d 648, 651 (2d 
     Cir. 2001) (habeas jurisdiction under Sec. 2241 does not 
     extend to factual or discretionary determinations).
       Moreover, section 106 would not preclude habeas review over 
     challenges to detention that are independent of challenges to 
     removal orders. Instead, the bill would eliminate habeas 
     review only over challenges to removal orders.
       Review in the Courts of Appeals. Subparagraph 106(a)(1)(A) 
     of Division B would replace habeas corpus review of specified 
     removal orders with review of constitutional claims and 
     questions of law before the courts of appeal.
       It should be noted that the word ``pure,'' in the phrase 
     ``pure question of law,'' which had appeared in prior 
     versions of a proposed section 242(a)(2)(D) of the INA, has 
     been deleted from that phrase in the final version in this 
     subparagraph because it is superfluous. As the ACLU explained 
     during the St. Cyr litigation, a ``question of law'' is a 
     question regarding the construction of a statute. The word 
     ``pure'' adds no meaning. The purpose of section 
     106(a)(1)(A)(iii) is to permit judicial review over those 
     issues that were historically reviewable on habeas--
     constitutional and statutory-construction questions, not 
     discretionary or factual questions. When a court is presented 
     with a mixed question of law and fact, the court should 
     analyze it to the extent there are legal elements, but should 
     not review any factual elements. Factual questions include 
     those questions that courts would review under the 
     ``substantial evidence'' or 242(b)(4)(B) standard, reversing 
     only when a reasonable factfinder would be compelled to 
     conclude that the decision below was erroneous.
       Section 106(a)(1)(B) adds a new section 242(a)(4) to the 
     INA. This provision will allow aliens in section 240 removal 
     proceedings to seek review of ``any cause or claim under the 
     United Nations Convention Against Torture and Other Forms of 
     Cruel, Inhuman, or Degrading Treatment or Punishment'' in the 
     courts of appeal.
       Section 106(a)(2) of Division B would amend section 
     242(b)(9) of the INA, concerning consolidation of issues for 
     judicial review, to clarify that, except as otherwise 
     provided in section 242 of the INA, no court is to have 
     jurisdiction for habeas review or other nondirect judicial 
     review of a removal order or questions of law or fact arising 
     from such an order. This does not affect habeas corpus review 
     in section 242(e)(2) of the INA. Subsection 242(g) of the 
     INA, concerning exclusive jurisdiction, is also amended to 
     clarify that no habeas review or other non-direct judicial 
     review would be available for any claim arising from a 
     decision or action by the Attorney General regarding the 
     initiation and adjudication of removal proceedings or the 
     execution of removal orders against any alien.
       Under subsection 106(b), the effective date of the 
     amendments in subsection 106(a) is the date of enactment of 
     Division B, and the amendments would apply to cases in which 
     the final administrative order of removal, deportation or 
     exclusion was issued before, on, or after the date of 
     enactment. Subsection 106(c) of Division B would provide for 
     the transfer of pending habeas cases from district courts to 
     federal appellate courts in

[[Page 8527]]

     which they could have been properly filed under section 
     242(b)(2) of the INA or the transitional rules of IIRIRA.
       Subsection 106(d) provides that IIRIRA transition-rule 
     cases filed under former subsection 106(a) of the INA (1995), 
     concerning judicial review of deportation and exclusion cases 
     and repealed by the IIRIRA, shall be treated as if they had 
     been filed under section 242 of the INA and that such 
     petitions shall be the sole avenue for judicial review of 
     deportation or exclusion orders, notwithstanding any other 
     provisions of law, including habeas review or other non-
     direct judicial review.
       Finally, it should also be noted that section 106 will not 
     preclude habeas review over challenges to detention that are 
     independent of challenges to removal orders. Instead, the 
     bill would eliminate habeas review only over challenges to 
     removal orders.

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

       Section 201 of the conference agreement includes language 
     modified from language proposed in section 201 of division B 
     of the House bill. The Senate did not include similar 
     language.
       Section 201 is necessary to clarify the Federal law as it 
     pertains to driver's licenses, and relates it to other 
     federal laws that govern state issuance and records keeping 
     of ``motor vehicle operator's license.'' That means that, to 
     the degree that commercial truck driver's licenses and HAZMAT 
     licenses are separately defined by Title 49, this law is 
     directed to the personal driver's licenses and local use 
     commercial vehicle licenses. It also names identification 
     cards as being regulated, as every entity listed under the 
     ``State'' definition issues identity cards as well as 
     driver's licenses. The Act establishes a minimum definition 
     of ``Official Purpose'' to limit the use of any licenses or 
     ID cards issued by states that do not meet the Act's 
     requirements. More specifically, the definition provides 
     direction as to what certain categories of temporary license 
     marked clearly on their face to indicate they are not 
     acceptable for federal identification or federal purposes and 
     cannot be used. For example, non compliant driver's licenses 
     or noncompliant state issued ID cards cannot be used for 
     identification to board federally regulated commercial 
     aircraft, enter nuclear power plants or have access to 
     federally regulated critical infrastructure or similar 
     facilities determined to be vulnerable to attack. 
     Noncompliant driver's licenses or noncompliant state issued 
     ID cards cannot be used for identification for any federal 
     purpose. The Secretary is authorized to establish other 
     purposes for which only those license and ID cards that meet 
     federal standards can be used
       Section 202 of the conference agreement includes language 
     modified from language proposed in section 202 of division B 
     of the House bill. The Senate did not include similar 
     language.
       202(a)(1) states that the law is binding on Federal 
     agencies--not the states. Consequently, this Act does not 
     directly impose federal standards with respect to states' 
     issuance of driver's licenses and personal identification 
     cards. The application of the law is indirect, and hence 
     states need not comply with the listed standards. However, 
     states would nevertheless need to adopt such standards and 
     modify any conflicting laws or regulations in order for such 
     documents to be recognized by federal agencies for official 
     purposes. The Federal Government regulates driver's licenses 
     issuance now for HAZMAT and commercial trucks, but not with 
     regard to their physical security, counterfeit resistance or 
     with regard to the confirmation of the identity of an 
     applicant before license issuance. There is also federal 
     regulation regarding Driving Under the Influence of alcohol, 
     including requiring suspension of driving privileges, and 
     provides grants to states for prevention programs. Federal 
     law and regulations (23 CFR Chapter III) also provide 
     detailed prescriptions for driver's safety training as a 
     condition for issuance of licenses, and minimum standards for 
     visual features to enable distinction between learner's 
     permits and full validity driver's licenses. There is also a 
     National Driver Register Problem Driver Point System, 
     established by the National Driver Register Act of 1982. This 
     Act established a mandate for states to share information 
     about ``bad drivers'' through this system. Participation in 
     the NDR is optional, conditioned by Federal grants. All 50 
     States and the District of Columbia participate in the NDR. 
     The system is also referred to as the Problem Driver Pointer 
     System (PDPS). Regulations governing participants require 
     states to collect more information than required for the 
     minimum document requirements under Section 202 as part of 
     the license issuance process. However, the requirements for 
     proof of identification to obtain a license are generalized. 
     When the REAL ID Act becomes law, CFR 23 will need to be 
     substantially revised by DOT to add details to the pertinent 
     sections, as determined through the Department of Homeland 
     Security established regulations implementing the Act. The 
     primary process by which states will share information 
     regarding the identities of driver's license holders will be 
     the PDPS, once upgraded and with complimentary system 
     capacity upgrading by the States.
       202(a)(2). The Conferees revised HR 418, which placed 
     compliance certification by the States under the authority of 
     the Secretary of Homeland Security, based on certification by 
     the Secretary of Transportation, so that the Secretary of 
     Homeland Security will determine whether a state is complying 
     with its certifications of compliance with the Act. This 
     establishes a new channel of federal regulation and 
     compliance audit by the Department of Homeland Security for 
     identity management, while requiring coordination of 
     regulations with the Department of Transportation (DOT) of 
     driver's license regimes.
       Section 202(b) Minimum Document Requirements. The intent of 
     this requirement is to improve the ability of law enforcement 
     officers at all levels to confirm the identity of the 
     individuals presenting state issued driver's licenses or 
     identification cards.
       202(b)(1) Many states don't follow the convention of full 
     legal name. For example, a person might ``use'' a middle name 
     versus his/her first name, and therefore prefer that the 
     driver's license use that name without regard to the ``real'' 
     first name. Instead of William Beauford Brown, the state 
     driver's license states simply ``Beau Brown.'' Using a name 
     other than a full legal name results in ``no matches'' when 
     checked against other public records that use the full legal 
     name. This occurred with some of the licenses and state ID 
     cards obtained by the 9/11 terrorists, where the driver's 
     license ``names'' were variants on the actual name carried in 
     the passport, despite the terrorists' use of their own, valid 
     passports to verify name.
       202(b)(2) The person's date of birth is necessary to 
     differentiate the person from others with the same name--for 
     example, there are thousands of John R. Browns in the U.S., 
     but very few have the same birthday. This is particularly 
     relevant to protect people from being delayed at airports 
     because their name coincides with someone on the ``do not 
     fly'' list. Additional biographic information on the document 
     most citizens present to board a plane will reduce problems 
     with misidentification that currently plague our security 
     processes.
       202(b)(3) Gender is for all but a very few persons a 
     clearly definable and verifiable biometric identifier. It 
     allows law enforcement and airport security to quickly match 
     or ``no match'' a person against a wants and warrant 
     notification. Systematically employing it throughout the 
     country would not only improve identification of suspected 
     terrorists, it would expedite the checks on everyone else by 
     reducing ``false positives'' where a person is erroneously 
     matched by name with a wanted person.
       202(b)(4) Currently every state does post a driver's 
     license number on a permanent driver's license ``card,'' but 
     not all states employ traceable numbers on temporary licenses 
     and temporary state ID cards. This is obviously an important 
     tool in differentiating counterfeit licenses from valid 
     licenses--via a number check.
       202(b)(5) requires a digital photograph of the person so 
     that it can be confirmed by comparison to the current and/or 
     future database of the State issuing the license, using 
     existing secure technology designed for that purpose. More 
     than 20 states continue to use a process where ``regular'' 
     photos are glued into license forms. These are easily altered 
     by breaking the plastic seal, and replacing the valid photo 
     with one of the person who has stolen or ``borrowed'' the 
     license or ID card from the person to whom it was validly 
     issued. The intent of requiring a digital photo, as in a 
     passport, is to insure that the photo accurately captures the 
     appearance of the person to whom it was issued. It also 
     allows the state to retain a record of the digital image at a 
     relatively low cost, and be able to provide that image to law 
     enforcement quickly via a computer link.
       202(b)(6) Having the person's principal residence address 
     is, in fact, a standard requirement in nearly all states, but 
     many states make no effort to verify that it is the principal 
     residence, and not an address of convenience, or a completely 
     irrelevant address selected at random by the applicant. In 
     this last case, the applicant has normally provided a false 
     address to avoid apprehension for a crime, or notification by 
     law enforcement regarding a civil award. Many scofflaw 
     fathers hide their current location to avoid paying child 
     support, as required by federal law.
       202(b)(7) requires a person's signature, so that it can be 
     compared to a person's signature when using the card for 
     identity confirmation for both civil, legal and regular 
     financial transactions, as to verify a credit card signature. 
     Signature verification is another means for a law enforcement 
     officer to confirm identity, and is actually of convenience 
     to retail establishments to confirm check and credit card 
     signatures.
       202(b)(8) requires physical security features to prevent 
     tampering counterfeiting or duplication of the document for 
     fraudulent purposes. The importance of this requirement 
     cannot be overstated. A majority of states maintain a high 
     level of physical security in the manufacture of their cards. 
     Unfortunately, a significant minority of states do not issue 
     licenses or ID cards with secure physical characteristics. 
     This results in

[[Page 8528]]

     criminals, identity thieves, and amateurs such as college 
     students being able to ``manufacture'' fake driver's licenses 
     and ID cards from these states. Federal law enforcement 
     officials--national forensic document laboratory--can 
     validate that the driver's licenses of these states are not 
     secure from counterfeiting using easily available technology.
       202(b)(9) A common machine-readable technology exists, 
     along with common defined minimum data elements, under the 
     interstate driver's compact to which 46 states already 
     belong. There is inconsistency in actual practice with regard 
     to the order of the data. Further, there has been little 
     research on methods to secure the privacy of the data 
     contained on the machine readable strip. Improvements in the 
     machine readable technology would allow for less data being 
     present on the face of the card in the future, with other 
     data stored securely and only able to be read by law 
     enforcement officials.
       Section 202(c) Minimum Issuance Standards The 9/11 
     Commission report recommended that the federal government 
     correct the chronic weakness among many of the states in the 
     verification of identity for issuance of licenses. That 
     recommendation has been supported by other reports on 
     criminal justice, drunk driving, and underage drinking, 
     albeit for entirely different objectives. Current federal 
     regulations addressing driver's licenses require the states 
     to obtain a date of birth for each applicant, but states set 
     their own criteria for what kind of document they can rely on 
     for the DOB. Consequently, the Commission staff reported 
     noted that it's similarly easy for a terrorist, or for a 
     tourist, entering the U.S. on a valid visa, to build a 
     ``document chain'' beginning with a counterfeit or an altered 
     document. Precisely because we have many legal immigrants, 
     States rarely check the authenticity of ``green cards'' or 
     other immigration documents. Which is why 9-11 terrorist 
     Mohammad Atta was able to pass a hand altered immigration 
     document to get a 6 year Florida's driver's license despite 
     holding what was, in fact, a visa that was about to expire. 
     Once implemented, it will also address the problem in which 
     high school and underage college students obtain authentic 
     driver's licenses in states other than ones they grew up in, 
     with a false age that allows them to go into bars and consume 
     alcohol. The provision will establish minimum issuance 
     standards for federal recognition requiring that before a 
     state can issue a driver's license or photo identification 
     card, it would have to verify with the issuing agency, the 
     issuance, validity and completeness of: (1) a photo 
     identification document or a non-photo document containing 
     both the individual's full legal name and date of birth; (2) 
     date of birth; (3) proof of a social security number (SSN) or 
     verification of the individual's ineligibility for a SSN; and 
     (4) name and address of the individual's principal residence. 
     A comparable, but more loosely defined set of identity 
     verification requirements pertaining to minimum requirements 
     for NDR inquiries are stated in CFR 23, 1327.5 to be ``Proof 
     of identification--Acceptable forms of identification are 
     driver's license, birth certificate, credit card, employee 
     identification card, and other forms of identification 
     normally accepted by the State.'' The new requirements do not 
     ``preempt any state verification standards'' but require that 
     the state establish a common minimum set of standards. 
     Nothing in the law limits a state's prerogative to use other 
     supplementary forms of identity confirmation, nor to use a 
     much lower standard for the issuance of learner's permits or 
     other driving permits that are not eligible to be used for 
     identification purposes by federal agencies. For those forty 
     states who have public policy positions and corroborating 
     state law that establish minimum identity confirmation 
     standards and a legal presence requirement, the standards 
     will provide a common platform
       202(c)(2)--Special Requirements This requires a state, 
     before issuing a driver's license or identification card to a 
     person, to require a person to present valid documentary 
     evidence that he or she is either a U.S. citizen or national 
     or an alien legally present in the United States. CRS has 
     noted that there are no special requirements relating to the 
     issuance of identification cards to persons who are not U.S. 
     citizens but are nonetheless U.S. nationals (i.e., most 
     residents of American Samoa or Swain's Island). That will not 
     be necessary within the Act, as the Secretaries of DHS and 
     DOT will accordingly address those special categories of U.S. 
     nationals (a U.S. citizen or ``a person who, though not a 
     citizen of the United States, owes permanent allegiance to 
     the United States'').
       For those state electing to conform to the requirements of 
     this Act, so that their driver's licenses will be accepted 
     for identification purposes by the federal government, this 
     set of requirements establishes the basis for a common 
     statutory basis for subsequent federal regulations.
       202(c)(2)(B) The evidence of Legal Status requirements 
     conform almost exactly to those of the laws of the 
     Commonwealth of Virginia, and are parallel to the state laws 
     of New York, Florida, California and roughly thirty other 
     states which have passed laws requiring evidence of lawful 
     presence in the United States. It requires for state license 
     and ID cards verification that an applicant is lawfully 
     present (not present in violation of the Immigration and 
     Naturalization Act) in the United States before issuing a 
     driver's license or personal identification card that is 
     intended to be used for identification purposes by federal 
     agencies. Under this section, persons would only be eligible 
     for temporary drivers' licenses or identification cards if 
     evidence is presented that they: (1) have a valid, unexpired 
     non-immigrant visa or non-immigrant visa status for entry 
     into the United States; (2) have a pending or approved 
     application for asylum in the United States; (3) have entered 
     into the United States in refugee status; (4) have a pending 
     or approved application for temporary protected status in the 
     United States; (5) have approved deferred action status; or 
     (6) have a pending application for adjustment of status to 
     that of an alien lawfully admitted for permanent residence in 
     the United States or conditional permanent resident status in 
     the United States.
       202(c)(2)(C) This establishes that, in order to issue 
     temporary licenses or temporary ID cards that will be 
     acceptable to the federal government for identification 
     purposes, a state may only issue a temporary driver's license 
     or identification card with an expiration date equal to the 
     period of time of the applicant's authorized stay in the 
     United States. Clause ii provides that if there is an 
     indefinite end to the period of authorized stay, the card's 
     expiration date shall be one year. The temporary card shall 
     clearly indicate that it is temporary and shall state the 
     expiration date. Clause iii provides for clear display of the 
     expiration date on a temporary card, which is an extremely 
     important requirement for the benefit of public safety and 
     security personnel, police and others who need to inspect 
     people for entry to airports, secure facilities, and for 
     official federal purposes, as defined in the act and by 
     subsequent regulations. A clear display facilitates an 
     expedited inspection, and a clear date to determine validity 
     of the temporary licenses. Clause iv provides that renewals 
     of the temporary cards would be done only upon presentation 
     of valid documentary evidence that the status had been 
     extended by the Secretary of Homeland Security. This is 
     important because renewals of temporary licenses were 
     exploited by the 9/11 terrorists, and have been a major 
     security vulnerability with foreign visitors who decide to 
     overstay their valid visa terms.
       202(c)(3)(B) The requirement that licenses for ID purposes 
     for foreign visitors not be issued except when the 
     applicant's identity is confirmed by a passport is intended 
     to strengthen the identify confirmation process for foreign 
     visitors, and to stop the process of accepting unreliable 
     foreign documents for identification. Should an applicant who 
     is not a U.S. citizen or immigrant otherwise meet the 
     identification standards set out in the bill, a State must 
     only provide a temporary license or certificate limited to 
     one year's duration and clearly marked as not for 
     identification, with the notification to the holder that it 
     is not valid for federal identification or official federal 
     purposes.
       202(c)(3)(C) The Act, for purposes of validating states' 
     determination of lawful presence requires that all States 
     enter into a memorandum of understanding with the Secretary 
     of Homeland Security to routinely utilize the automated 
     system known as Systematic Alien Verification for 
     Entitlements, to verify the legal presence status of a 
     person, other than a United States citizen or national, 
     applying for a driver's license or identification card.
       Section 202(d) Other requirements are each new procedural 
     standards to be addressed by regulations to be established by 
     DHS under the Act.
       202(d)(1) Obtaining and retaining digital images of 
     applicants will assist in expediting applicant identity 
     confirmation for license and ID card renewal process. It will 
     also assist with preventing fraud, and facilitate those 
     states using photo comparison software to identity such 
     frauds, and safeguard against identity theft.
       202(d)(2) requires states to keep records of source 
     documents (birth certificates, etc.) for at least 7 years 
     primarily to allow for renewal of driver's licenses without 
     requiring license holders to bring back identity confirming 
     documents. It also establishes a minimum duration during 
     which documentation is available to law enforcement officers 
     investigating and prosecuting suspected identity concealment 
     by criminals and terrorists, as well as obtaining proof and 
     assistance with identity theft crimes. This corrects a 
     current problem in which states don't retain records at all, 
     or destroy them after a few months, hence destroying both the 
     audit trail of proof of valid documents needed to issue a 
     license, as well as fraudulent documents used by law breakers 
     until subsequently discovered by investigators. Although the 
     FBI has provided the counts now used about the false 
     identities maintained by the 19 9-11 terrorists, they may in 
     fact have had more, as state records systems are sometimes so 
     poor that few source documents are available to confirm or 
     deny. The goal is to move all the state's records into 
     electronic format, with each state consolidating electronic 
     records otherwise maintained at

[[Page 8529]]

     County level at the State level. The cost is much lower than 
     the paper filing system still maintained by some States. The 
     initial capital cost for the state is not insignificant, but 
     the incremental savings are great. Although this Act will 
     require licenses be re-issued after every eight years, states 
     will need to have original document records to discern 
     whether the birth certificate was valid that was originally 
     presented when the prior license was issued. The Social 
     Security Administration is pursuing a birth certificate 
     records system with the States that is beginning to have an 
     effect in a few pilot states, which program will be further 
     accelerated by the program put into law through the 
     Intelligence Reform Act that will reduce the state's need to 
     retain a separate record of document images or paper records.
       202(d)(3) The requirement to photograph each applicant has 
     as its purpose capturing a recorded photograph of applicants 
     who may be denied a license for insufficient documents or 
     documents that are recognized as fraudulent. This will 
     primarily act as a deterrent to attempted fraud, once the 
     public becomes aware of this new procedure, since frauds and 
     others using false identities will understand that their 
     photograph will be available to law enforcement even if they 
     are denied a license or ID card. It is a particularly 
     important tool for federal law enforcement investigating 
     suspected terrorism and identity theft.
       202(d)(4) The requirement to establish an effective 
     procedure to confirm or verify a renewing applicant's 
     information will establish a qualitative floor standard to 
     correct the current problem in some states where license and 
     ID card renewal is done without adequate confirmation of 
     identity of the applicant. Those inadequate procedures are 
     both a source of identity theft and a vulnerability that 
     terrorists might exploit.
       202(d)(5) imposes an important requirement to correct a 
     current practice of many states in which multiple driver's 
     licenses with multiple names are allowed to use the same 
     reference Social Security Number as the ``reference'' SSN to 
     confirm identity. In the event that a SSN is already 
     registered to or associated with another person to which any 
     state has issued a driver's license or identification card, 
     the state shall resolve the discrepancy and take appropriate 
     action. The need for this requirement is illustrated by what 
     was found in Virginia and in New York State when states laws 
     in each were changed post 9/11. In 2002, when Virginia began 
     reconciling SSNs with the Social Security Administration, it 
     found the SSNs of more than a quarter million of its license 
     holders were ``non- matches'' with the Social Security 
     Administration's records. Similarly New York State found 
     hundreds of thousands of similar license holders in its 
     database.
       202(d)(6) corrects the current security vulnerability of 
     state procedures where a license or ID card issued by another 
     state is replaced with a new license or ID card without 
     confiscating the ``old'' card or notifying the other state of 
     the new issuance. Several of the 9/11 terrorists told the 
     issuing states that they had lost their licenses so that they 
     could have two valid licenses, and then used the duplicate to 
     obtain a license in another state, allowing them to hold 
     multiple licenses from multiple states. This practice of 
     obtaining multiple licenses in multiple states is also 
     routinely exercised by criminals and bad drivers for their 
     respective illegal purposes, which this requirement will 
     correct.
       202(d)(7) requiring improved physical security addresses a 
     growing problem of identity thieves and documents purveyors 
     breaking into state facilities and stealing license stock 
     blanks, printing machines, and sometimes actual computer hard 
     drives in which current license holder data is stored.
       202(d)(8) subjects state personnel and contractors employed 
     by the states who produce the driver's licenses to security 
     clearance requirements. Investigations of driver's license 
     insider corruption in Virginia, New Jersey and other states 
     in the past three years revealed that a routine security 
     investigation would have prevented key perpetrators from ever 
     being employed to handled documents of high ``street'' value 
     that can be sold to illegal aliens, criminals, terrorists, 
     and identity thieves.
       202(d)(9) requires states to train employees to detect 
     fraud ``before it happens'' to reduce vulnerability to 
     terrorists, identity thieves, alien smugglers and illegal 
     aliens with false documents and ``bad driver'' frauds. A few 
     states do this now, and all states need to do this to improve 
     the integrity of the license issuing process.
       202(d)(10) limits the term of validity of driver's licenses 
     and ID cards to establish a maximum term, to address the 
     current vulnerability to identity thieves who steal or 
     purchase the valid driver's license, and then assume the 
     identity of a dead person or someone who has left the state 
     and go undiscovered for an indefinite period.
       202(d)(11) provides for those categories of special 
     licenses issued by states for local or temporary purposes 
     where the identity of the applicant cannot be assured, or for 
     whom lawful presence is not determined. Examples of such 
     licenses or Florida license issued as valid only ``in state'' 
     purposes, and certificates of driving privileges issued by 
     Tennessee and Utah, for which the applicants cannot meet the 
     identity confirmation requirements of the Act. Subparagraph A 
     establishes the requirement that such documents and/or cards 
     be clearly marked as not accepted for federal identification. 
     The provision will allow the state to meet the terms of this 
     act with regard to its non-standard licenses, provided DHS 
     confirms its certification that it's procedures don't provide 
     any ``back doors'' to licenses or ID cards that intended to 
     be valid for federal identification or federal purposes. 
     Subparagraph B requires a unique design or color indicator 
     such as a special colored border so that federal officials 
     can quickly recognize it is not valid for federal 
     identification or federal purposes.
       202(d)(12) requires each state to be able to electronically 
     access information contained in other states' motor vehicle 
     databases. DHS will be expected to establish regulations 
     which adequately protect the privacy of the holders of 
     licenses and ID cards which meet the standards for federal 
     identification and federal purposes. DHS regulations 
     pertaining to the overall security of state databases to 
     safeguard them from unauthorized access or any criminal abuse 
     are not required by this Act because DHS is already subject 
     to privacy protection standards through other federal laws 
     pertaining to cyber security.
       202(d)(13) The requirement for states to maintain a motor 
     vehicle database that contains all data fields printed on 
     driver's licenses and identification cards is directed at 
     those states which currently don't store adequate records to 
     allow other states to confirm the validity of the original 
     issues. This requirement is primarily to address identity 
     management minimum standards, and to support the goal of 
     ``only one license for one driver.'' This provision in both 
     parts will correct a significant problem that has led to some 
     states refusing to provide reciprocity to other states with 
     regard to both adequate data and assurance of driver safety, 
     particularly with regard to Driving Under the Influence 
     citations.
       Section 203 of the conference agreement includes language 
     modified from language proposed in section 204 of division B 
     of the House bill. The Senate did not include similar 
     language.
       Section 203. This section amends 18 U.S.C. Sec. 1028(a)(8), 
     which makes it a federal crime to transport, transfer, or 
     otherwise dispose of to another, materials or features used 
     on a document of the type intended or commonly used for 
     identification purposes. By replacing the phrase ``false 
     identification features'' with ``false or actual 
     authentication features,'' this provision clarifies the scope 
     of the criminal provision, making it a crime to traffic in 
     identification features regardless of whether the feature is 
     false. In addition, section 203(b) requires that the 
     Secretary of Homeland Security enter conviction information 
     into the appropriate aviation screening database. This 
     provision should improve the security of the clearance 
     process while reducing incidents of travelers being delayed 
     because of similar names with people on the ``do not fly'' 
     watch list.
       Section 204 of the conference agreement includes language 
     modified from language proposed in section 205 of division B 
     of the House bill. The Senate did not include similar 
     language.
       Section 204 provides grants to states under the discretion 
     of the Secretary of Homeland Security. This will require DHS 
     to establish a process for grant requests, and the time table 
     under which states will need to meet the requirements of the 
     regulations. Some states are already in compliance with 
     nearly all of the standards established by the act, and it 
     will be incumbent upon DHS to recognize that grants should be 
     only used to assist those states which cannot otherwise meet 
     the minimum standards by the end of 2009. DHS will also need 
     to establish internal certification procedures so that grants 
     awarded are spent for the purposes identified. This provision 
     also authorizes the Secretary to request funds and assign 
     personnel for the administration of this Act through the 
     normal process.
       Section 205 of the conference agreement includes language 
     modified from language proposed in section 206 of division B 
     of the House bill. The Senate did not include similar 
     language.
       Section 205 requires the Secretary of Homeland Security to 
     consult with the Secretary of Transportation and with the 
     states in the process under which DHS issues regulations, 
     sets standards, and issues grants under this title. This 
     provision establishes that the Secretary, consistent with the 
     Administrative Procedures Act, will follow a conventional 
     regulatory notice procedure, including the established inter 
     agency notification regime, and will not engage in any other 
     form of rule making, such as negotiated rule making.
       Section 205 also allows the Secretary of DHS to grant an 
     extension of time only to meet the requirements of section 
     202(a)(1), which means that all states must meet standards 
     established by the regulation with a uniform deadline for 
     their respective driver's licenses and ID cards to be used 
     for Federal identification and federal purposes.
       Section 206 of the conference agreement includes language 
     modified from language proposed in section 207 of division B 
     of the

[[Page 8530]]

     House bill. The Senate did not include similar language.
       Section 206 also repeals overlapping and potentially 
     conflicting provisions of the Intelligence Reform and 
     Terrorism Prevention Act of 2004.
       Section 207 of the conference agreement includes language 
     modified from language proposed in section 208 of division B 
     of the House bill. The Senate did not include similar 
     language.
       Section 207 provides a normal limitation on statutory 
     construction to preserve the authorities and responsibilities 
     of the Secretary of Transportation.

      TITLE III--BORDER INFRASTRUCTURE AND TECHNOLOGY INTEGRATION

       Section 301 of the conference agreement includes language 
     modified from language proposed in section 301 of division B 
     of the House bill. The Senate did not include similar 
     language.
       Section 301 requires the Under Secretary of Homeland 
     Security for Border and Transportation Security, in 
     consultation with the Under Secretary of Homeland Security 
     for Science and Technology and the Under Secretary of 
     Homeland Security for Information Analysis and Infrastructure 
     Protection, to study the technology, equipment, and personnel 
     needed by field offices of the Bureau of Customs and Border 
     Protection to address security vulnerabilities within the 
     United States, and conduct a follow-up study at least once 
     every five years thereafter. The Under Secretary of Homeland 
     Security for Border and Transportation Security is required 
     to submit a report to Congress of findings and conclusions 
     from each study, along with legislative recommendations for 
     addressing security vulnerabilities. Section 301(c) 
     authorizes necessary appropriations for fiscal years 2006 
     through 2011 to carry out recommendations from the first 
     study.
       Section 302 of the conference agreement includes language 
     modified from language proposed in section 302 of division B 
     of the House bill. The Senate did not include similar 
     language.
       Section 302 requires the Department of Homeland Security to 
     establish a pilot program to identify and test ground 
     surveillance technologies to enhance border security. The 
     program would cover both northern and southern border 
     locations. It also requires DHS to submit a report to 
     designated House and Senate committees within a year of 
     program implementation describing the program and 
     recommending whether it should terminate, be made permanent, 
     or be enhanced.
       Section 303 of the conference agreement includes language 
     modified from language proposed in section 303 of division B 
     of the House bill. The Senate did not include similar 
     language.
       Section 303 requires the Secretary of Homeland Security, in 
     consultation with various federal, state, local, and tribal 
     agencies, to develop and implement a plan to improve 
     interagency communication systems and enhance information-
     sharing on matters related to border security on the federal, 
     state, local, and tribal level. DHS would submit a report to 
     designated House and Senate committees within a year of plan 
     implementation which would include any recommendations that 
     the Secretary of Homeland Security found appropriate.

                      TITLE IV--TEMPORARY WORKERS

       The conference agreement includes language modified from 
     language proposed by the Senate regarding numerical limits 
     for H2-visas for certain nonimmigrant workers. The House did 
     not include similar language.

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

       The conference agreement includes language modified from 
     language proposed by the Senate regarding reciprocal visas 
     for national of Australia. The House did not include similar 
     language.
       The conference agreement includes language modified from 
     language proposed by the Senate regarding visas for nurses. 
     the House did not include similar language.
       The conferees agree to the Senate amendment relating to the 
     title of the Act. The Senate amended the title to read ``An 
     Act Making Emergency Supplemental Appropriations for Defense, 
     the Global War on Terror, and Tsunami Relief, for the fiscal 
     year ending September 30, 2005, and for other purposes.''.

     Jerry Lewis,
     C.W. Bill Young,
     Ralph Regula,
     Harold Rogers,
     Frank R. Wolf,
     Jim Kolbe,
     James T. Walsh,
     Charles H. Taylor,
     David L. Hobson,
     Henry Bonilla,
     Joe Knollenberg,
     John P. Murtha,
     Norman D. Dicks,
     Alan B. Mollohan,
     Peter J. Visclosky,
     Chet Edwards,
                                Managers on the Part of the House.

     Thad Cochran,
     Ted Stevens,
     Pete V. Domenici,
     Christopher S. Bond,
     Mitch McConnell,
     Richard C. Shelby,
     Judd Gregg,
     Robert F. Bennett,
     Larry Craig,
     Kay Bailey Hutchison,
     Mike DeWine,
     Sam Brownback,
     Wayne Allard,
     Robert C. Byrd,
     Daniel K. Inouye,
     Patrick Leahy
       (with exception for REAL ID),
     Tom Harkin
       (with exception for REAL ID),
     Barbara Mikulski
       (with exception for REAL ID),
     Harry Reid
       (with exception for REAL ID),
     Byron L. Dorgan,
       (with res.--conference did not reconvene),
     Dianne Feinstein
       (with exception for REAL ID),
     Tim Johnson,
     Mary Landrieu,
     Managers on the Part of the Senate.

                          ____________________