[House Report 109-72]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     109-72

======================================================================



 
MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING 
               SEPTEMBER 30, 2005, AND FOR OTHER PURPOSES

                                _______
                                

                  May 3, 2005.--Ordered to be printed

                                _______
                                

 Mr. Lewis of California, from the committee of conference, submitted 
                             the following

                           CONFERENCE REPORT

                        [To accompany H.R. 1268]

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

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

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

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

                     DIVISION B--REAL ID ACT OF 2005

SEC. 3. REFERENCES.

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

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

That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2005, and for other purposes, namely:

                TITLE I--DEFENSE-RELATED APPROPRIATIONS

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, 
Navy'', $3,030,574,000: Provided, That the amount provided 
under this heading is designated as an emergency requirement 
pursuant to section 402 of the conference report to accompany 
S. Con. Res. 95 (108th Congress).

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

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

                Operation and Maintenance, Army Reserve

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

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

             Operation and Maintenance, Army National Guard

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

                    Afghanistan Security Forces Fund

                     (INCLUDING TRANSFER OF FUNDS)

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

                       Iraq Security Forces Fund

                     (INCLUDING TRANSFER OF FUNDS)

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

                              PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$310,250,000, to remain available until September 30, 2007: 
Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 
of the conference report to accompany S. Con. Res. 95 (108th 
Congress).

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

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

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

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

                            RELATED AGENCIES

               Intelligence Community Management Account

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

         Drug Interdiction and Counter-Drug Activities, Defense

                     (INCLUDING TRANSFER OF FUNDS)

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

                    Office of the Inspector General

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

                         Defense Health Program

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

                         MILITARY CONSTRUCTION

                      Military Construction, Army

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

              Military Construction, Navy and Marine Corps

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

                    Military Construction, Air Force

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

                     GENERAL PROVISIONS, THIS TITLE

                       SPECIAL TRANSFER AUTHORITY

                          (TRANSFER OF FUNDS)

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

                       GENERAL TRANSFER AUTHORITY

                          (TRANSFER OF FUNDS)

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

                        COUNTER-DRUG ACTIVITIES

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

                  EXTRAORDINARY AND EMERGENCY EXPENSES

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

                            ADVANCE BILLING

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

                 COMMANDER'S EMERGENCY RESPONSE PROGRAM

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

                           CLASSIFIED PROGRAM

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

                  LIMITATION ON CIVILIAN COMPENSATION

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

            OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

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

                       COALITION LIAISON OFFICERS

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

                       RESERVE AFFILIATION BONUS

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

                  SERVICEMEMBERS' GROUP LIFE INSURANCE

    Sec. 1012. (a) Increased Maximum Amount of Servicembers' 
Group Life Insurance.--Section 1967 of title 38, United States 
Code, is amended--
            (1) in subsection (a)(3)(A), by striking clause (i) 
        and inserting the following new clause:
            ``(i) In the case of a member--
                    ``(I) $400,000 or such lesser amount as the 
                member may elect as provided in subparagraph 
                (B);
                    ``(II) in the case of a member covered by 
                subsection (e), the amount provided for or 
                elected by the member under subclause (I) plus 
                the additional amount of insurance provided for 
                the member by subsection (e); or
                    ``(III) in the case of a member covered by 
                subsection (e) who has made an election under 
                paragraph (2)(A) not to be insured under this 
                subchapter, the amount of insurance provided 
                for the member by subsection (e).''; and
            (2) in subsection (d), by striking ``$250,000'' and 
        inserting ``$400,000''.
    (b) Increments of Decreased Amounts Electable by Members.--
Subsection (a)(3)(B) of such section is amended by striking 
``member or spouse'' in the last sentence and inserting 
``member, be evenly divisible by $50,000 and, in the case of a 
member's spouse''.
    (c) Additional Amount for Members Serving in Certain Areas 
or Operations.--
            (1) Increased amount.--Section 1967 of such title 
        is further amended--
                    (A) by redesignating subsection (e) as 
                subsection (f); and
                    (B) by inserting after subsection (d) the 
                following new subsection (e):
    ``(e)(1) A member covered by this subsection is any member 
as follows:
            ``(A) Any member who dies as a result of one or 
        more wounds, injuries, or illnesses incurred while 
        serving in an operation or area that the Secretary 
        designates, in writing, as a combat operation or a zone 
        of combat, respectively, for purposes of this 
        subsection.
            ``(B) Any member who formerly served in an 
        operation or area so designated and whose death is 
        determined (under regulations prescribed by the 
        Secretary of Defense) to be the direct result of injury 
        or illness incurred or aggravated while so serving.
    ``(2) The additional amount of insurance under this 
subchapter that is provided for a member by this subsection is 
$150,000, except that in a case in which the amount provided 
for or elected by the member under subsection (a)(3)(A)(i)(I) 
exceeds $250,000, the additional amount of insurance under this 
subchapter that is provided for the member by this subsection 
shall be reduced to such amount as is necessary to comply with 
the limitation in paragraph (3).
    ``(3) The total amount of insurance payable for a member 
under this subchapter may not exceed $400,000.
    ``(4) While a member is serving in an operation or area 
designated as described in paragraph (1), the cost of insurance 
of the member under this subchapter that is attributable to 
$150,000 of insurance coverage shall, at the election of the 
Secretary concerned--
            ``(A) be contributed as provided in section 
        1969(b)(2) of this title, rather through deduction or 
        withholding from the member's pay; or
            ``(B) if deducted or withheld from the member's 
        pay, be reimbursed to the member through such mechanism 
        as the Secretary concerned determines appropriate.''.
            (2) Funding.--Section 1969(b) of such title is 
        amended--
                    (A) by inserting ``(1)'' after ``(b)''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) For each month for which a member insured under this 
subchapter is serving in an operation or area designated as 
described by paragraph (1)(A) of section 1967(e) of this title, 
there may, at the election of the Secretary concerned under 
paragraph (4)(A) of such section, be contributed from the 
appropriation made for active duty pay of the uniformed service 
concerned an amount determined by the Secretary and certified 
to the Secretary concerned to be the cost of Servicemembers' 
Group Life Insurance which is traceable to the cost of 
providing insurance for the member under section 1967 of this 
title in the amount of $150,000.''.
    (d) Conforming Amendment.--Section 1967(a)(2)(A) of such 
title is amended by inserting before the period at the end the 
following: ``, except with respect to insurance provided under 
paragraph (3)(A)(i)(III)''.
    (e) Coordination With VGLI.--Section 1977(a) of such title 
is amended--
            (1) by striking ``$250,000'' each place it appears 
        and inserting ``$400,000''; and
            (2) by adding at the end of paragraph (1) the 
        following new sentence: ``Any additional amount of 
        insurance provided a member under section 1967(e) of 
        this title may not be treated as an amount for which 
        Veterans' Group Life Insurance shall be issued under 
        this section.''.
    (f) Requirements Regarding Elections of Members to Reduce 
or Decline Insurance.--Section 1967(a) of such title is further 
amended--
            (1) in paragraph (2), by adding at the end the 
        following new subparagraph:
    ``(C) Pursuant to regulations prescribed by the Secretary 
of Defense, notice of an election of a member with a spouse not 
to be insured under this subchapter, or to be insured under 
this subchapter in an amount less than the maximum amount 
provided under paragraph (3)(A)(i)(I), shall be provided to the 
spouse of the member.''; and
            (2) in paragraph (3)--
                    (A) in the matter preceding clause (i), by 
                striking ``and (C)'' and inserting ``, (C), and 
                (D)''; and
                    (B) by adding at the end the following new 
                subparagraphs:
    ``(D) A member with a spouse may not elect not to be 
insured under this subchapter, or to be insured under this 
subchapter in an amount less than the maximum amount provided 
under subparagraph (A)(i)(I), without the written consent of 
the spouse.
    ``(E) Whenever a member who is not married elects not to be 
insured under this subchapter, or to be insured under this 
subchapter in an amount less than the maximum amount provided 
for under subparagraph (A)(i)(I), the Secretary concerned shall 
provide a notice of such election to any person designated by 
the member as a beneficiary or designated as the member's next-
of-kin for the purpose of emergency notification, as determined 
under regulations prescribed by the Secretary of Defense.''.
    (g) Requirement Regarding Redesignation of Beneficiaries.--
Section 1970 of such title is amended by adding at the end the 
following new subsection:
    ``(j) A member with a spouse may not modify the beneficiary 
or beneficiaries designated by the member under subsection (a) 
without providing written notice of such modification to the 
spouse.''.
    (h) Effective Date.--This section and the amendments made 
by this section shall take effect on the first day of the first 
month that begins more than 90 days after the date of the 
enactment of this Act.
    (i) Termination.--The amendments made by this section shall 
terminate on September 30, 2005. Effective on October 1, 2005, 
the provisions of sections 1967, 1969, 1970, and 1977 of title 
38, United States Code, as in effect on the day before the date 
of the enactment of this Act shall be revived.

                             DEATH GRATUITY

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

                 INTELLIGENCE ACTIVITIES AUTHORIZATION

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

                   PROHIBITION OF NEW START PROGRAMS

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

                   CHEMICAL WEAPONS DEMILITARIZATION

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

                  PHILADELPHIA REGIONAL PORT AUTHORITY

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

                         LPD-17 COST ADJUSTMENT

                          (TRANSFER OF FUNDS)

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

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

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

                              CIVILIAN PAY

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

                    INDUSTRIAL MOBILIZATION CAPACITY

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

               BASIC ALLOWANCE FOR HOUSING FOR DEPENDENTS

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

                    PROHIBITION ON CHARGES FOR MEALS

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

REQUESTS FOR FUTURE FUNDING FOR MILITARY OPERATIONS IN AFGHANISTAN AND 
                                  IRAQ

    Sec. 1024. (a) Findings.--The Senate makes the following 
findings:
            (1) The Department of Defense Appropriations Act, 
        2004 (Public Law 108-87) and the Department of Defense 
        Appropriations Act, 2005 (Public Law 108-287) each 
        contain a sense of the Senate provision urging the 
        President to provide in the annual budget requests of 
        the President for a fiscal year under section 1105(a) 
        of title 31, United States Code, an estimate of the 
        cost of ongoing military operations in Iraq and 
        Afghanistan in such fiscal year.
            (2) The budget for fiscal year 2006 submitted to 
        Congress by the President on February 7, 2005, requests 
        no funds for fiscal year 2006 for ongoing military 
        operations in Iraq or Afghanistan.
            (3) According to the Congressional Research 
        Service, there exists historical precedent for 
        including the cost of ongoing military operations in 
        the annual budget requests of the President following 
        initial funding for such operations by emergency or 
        supplemental appropriations Acts, including--
                    (A) funds for Operation Noble Eagle, 
                beginning in the budget request of President 
                George W. Bush for fiscal year 2005;
                    (B) funds for operations in Kosovo, 
                beginning in the budget request of President 
                George W. Bush for fiscal year 2001;
                    (C) funds for operations in Bosnia, 
                beginning in budget request of President 
                Clinton for fiscal year 1997;
                    (D) funds for operations in Southwest Asia, 
                beginning in the budget request of President 
                Clinton for fiscal year 1997;
                    (E) funds for operations in Vietnam, 
                beginning in the budget request of President 
                Johnson for fiscal year 1966; and
                    (F) funds for World War II, beginning in 
                the budget request of President Roosevelt for 
                fiscal year 1943.
            (4) The Senate has included in its version of the 
        fiscal year 2006 budget resolution, which was adopted 
        by the Senate on March 17, 2005, a reserve fund of 
        $50,000,000,000 for overseas contingency operations, 
        but the determination of that amount could not take 
        into account any Administration estimate on the 
        projected cost of such operations in fiscal year 2006.
            (5) In February 2005, the Congressional Budget 
        Office estimated that fiscal year 2006 costs for 
        ongoing military operations in Iraq and Afghanistan 
        could total $65,000,000,000.
    (b) Sense of Senate.--It is the sense of the Senate that--
            (1) any request for funds for a fiscal year after 
        fiscal year 2006 for an ongoing military operation 
        overseas, including operations in Afghanistan and Iraq, 
        should be included in the annual budget of the 
        President for such fiscal year as submitted to Congress 
        under section 1105(a) of title 31, United States Code;
            (2) the President should submit to Congress, not 
        later than September 1, 2005, an amendment to the 
        budget of the President for fiscal year 2006 that was 
        submitted to Congress under section 1105(a) of title 
        31, United States Code, setting forth detailed cost 
        estimates for ongoing military operations overseas 
        during such fiscal year; and
            (3) any funds provided for a fiscal year for 
        ongoing military operations overseas should be provided 
        in appropriations Acts for such fiscal year through 
        appropriations to specific accounts set forth in such 
        appropriations Acts.
    (c) Additional Requirements for Certain Reports.--(1) Each 
semiannual report to Congress required under a provision of law 
referred to in paragraph (2) shall include, in addition to the 
matters specified in the applicable provision of law, the 
following:
            (A) A statement of the cumulative total of all 
        amounts obligated, and of all amounts expended, as of 
        the date of such report for Operation Enduring Freedom.
            (B) A statement of the cumulative total of all 
        amounts obligated, and of all amounts expended, as of 
        the date of such report for Operation Iraqi Freedom.
            (C) An estimate of the reasonably foreseeable costs 
        for ongoing military operations to be incurred during 
        the 12-month period beginning on the date of such 
        report.
    (2) The provisions of law referred to in this paragraph are 
as follows:
            (A) Section 1120 of the Emergency Supplemental 
        Appropriations Act for Defense and for the 
        Reconstruction of Iraq and Afghanistan, 2004 (Public 
        Law 108-106; 117 Stat. 1219; 10 U.S.C. 113 note).
            (B) Section 9010 of the Department of Defense 
        Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 
        1008; 10 U.S.C. 113 note).

                     AIRCRAFT CARRIERS OF THE NAVY

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

            TRAVEL FOR FAMILY OF HOSPITALIZED SERVICEMEMBERS

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

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

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

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

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

 PROHIBITION ON TERMINATION OF MULTIYEAR PROCUREMENT CONTRACT FOR C/KC-
                             130J AIRCRAFT

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

                       PURPLE HEART COMMENDATIONS

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

             VIRTUAL TRAINING COCKPIT OPTIMIZATION PROGRAM

                          (TRANSFER OF FUNDS)

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

            TRANSFER OF FUNDS FOR FORCE PROTECTION PROGRAMS

                          (TRANSFER OF FUNDS)

    Sec. 1030. Notwithstanding any other provision of law, upon 
enactment of this Act, the Secretary of Defense shall make the 
following transfers of funds previously made available in the 
Department of Defense Appropriations Act, 2005 (Public Law 108-
287): Provided, That the amounts transferred shall be made 
available for the same purpose and the same time period as the 
appropriation to which transferred: Provided further, That the 
authority provided in this section is in addition to any other 
transfer authority available to the Department of Defense: 
Provided further, That the amounts shall be transferred between 
the following appropriations, in the amounts specified:
            To:
                    Under the heading, ``Research, Development, 
                Test and Evaluation, Air Force, 2005/2006'', 
                $500,000;
            From:
                    Under the heading, ``Other Procurement, Air 
                Force'', $500,000.
            To:
                    Under the heading, ``Other Procurement, Air 
                Force, 2005/2007'', $8,200,000;
            From:
                    Under the heading, ``Other Procurement, 
                Navy, 2005/2007'', $8,200,000:
Provided further, That the amounts made available by the 
transfer of funds in or pursuant to this section are designated 
as an emergency requirement pursuant to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th 
Congress).

   PROHIBITION ON TORTURE AND CRUEL, INHUMAN, OR DEGRADING TREATMENT

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

                      TRAUMATIC INJURY PROTECTION

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

``Sec. 1980A. Traumatic injury protection

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

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

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

        AMOUNTS FROM PRIOR YEAR IRAQ FREEDOM FUND APPROPRIATION

                         (RESCISSION OF FUNDS)

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

                          TECHNICAL CORRECTION

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

                       DEFENSE TRANSFER AUTHORITY

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

 RE-USE AND REDEVELOPMENT OF CLOSED OR REALIGNED MILITARY INSTALLATIONS

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

                        CAMP JOSEPH T. ROBINSON

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

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

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service

                     PUBLIC LAW 480 TITLE II GRANTS

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

                               CHAPTER 2

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    DIPLOMATIC AND CONSULAR PROGRAMS

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

            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

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

                      INTERNATIONAL ORGANIZATIONS

        Contributions for International Peacekeeping Activities

                     (INCLUDING TRANSFER OF FUNDS)

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

                             RELATED AGENCY

                    BROADCASTING BOARD OF GOVERNORS

                 International Broadcasting Operations

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

                   Broadcasting Capital Improvements

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

                     BILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

              International Disaster and Famine Assistance

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

   Operating Expenses of the United States Agency for International 
                              Development

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

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

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

                  OTHER BILATERAL ECONOMIC ASSISTANCE

                         Economic Support Fund

                     (INCLUDING TRANSFER OF FUNDS)

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

    Assistance for the Independent States of the Former Soviet Union

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

                          DEPARTMENT OF STATE

          International Narcotics Control and Law Enforcement

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

                    Migration and Refugee Assistance

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

    Nonproliferation, Anti-Terrorism, Demining and Related Programs

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

                          MILITARY ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

                   Foreign Military Financing Program

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

                        Peacekeeping Operations

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

                    GENERAL PROVISIONS, THIS CHAPTER

                         VOLUNTARY CONTRIBUTION

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

                         (RESCISSION OF FUNDS)

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

                           AUDIT REQUIREMENT

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

                         REPORTING REQUIREMENT

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

                           AUDIT REQUIREMENT

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

                         REPORTING REQUIREMENT

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

                        REPROGRAMMING AUTHORITY

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

                  MARLA RUZICKA IRAQI WAR VICTIMS FUND

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

                          CANDIDATE COUNTRIES

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

                HUMANITARIAN ASSISTANCE CODE OF CONDUCT

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

                      JOINT EXPLANATORY STATEMENT

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

        TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON TERROR

                               CHAPTER 1

                          DEPARTMENT OF ENERGY

                National Nuclear Security Administration

                    DEFENSE NUCLEAR NONPROLIFERATION

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

                               CHAPTER 2

                    DEPARTMENT OF HOMELAND SECURITY

                     CUSTOMS AND BORDER PROTECTION

                         Salaries and Expenses

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

                              Construction

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

                  IMMIGRATION AND CUSTOMS ENFORCEMENT

                         Salaries and Expenses

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

                       UNITED STATES COAST GUARD

                           Operating Expenses

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

              Acquisition, Construction, and Improvements

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

                FEDERAL LAW ENFORCEMENT TRAINING CENTER

                         Salaries and Expenses

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

     Acquisition, Construction, Improvements, and Related Expenses

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

                               CHAPTER 3

                         DEPARTMENT OF JUSTICE

                         General Administration

                           DETENTION TRUSTEE

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

                            Legal Activities

                         ASSET FORFEITURE FUND

                              (RESCISSION)

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

                     United States Marshals Service

                         SALARIES AND EXPENSES

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

                    Federal Bureau of Investigation

                         SALARIES AND EXPENSES

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

                    Drug Enforcement Administration

                         SALARIES AND EXPENSES

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

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         SALARIES AND EXPENSES

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

                               CHAPTER 4

                           LEGISLATIVE BRANCH

                        HOUSE OF REPRESENTATIVES

      Payment to Widows and Heirs of Deceased Members of Congress

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

                         Salaries and Expenses

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

                       Administrative Provisions

                     HOUSE SERVICES REVOLVING FUND

    Sec. 3401 (a) Section 103(b) of the Legislative Branch 
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 3175) 
is amended to read as follows:
    ``(b) Use of Fees.--Any amounts paid as fees for the use of 
the exercise facility described in subsection (a) shall be 
deposited into the House Services Revolving Fund established 
under section 105.''.
    (b) Section 105(a) of such Act (2 U.S.C. 117m(a)) is 
amended by adding at the end the following new paragraph:
            ``(5) The payment of fees for the use of the 
        exercise facility described in section 103(a).''.
    (c) The amendments made by this section shall take effect 
as if included in the enactment of the Legislative Branch 
Appropriations Act, 2005.

                         TECHNICAL CORRECTIONS

    Sec. 3402 (a) The last proviso under the heading ``LIBRARY 
OF CONGRESS--Salaries and Expenses'' in chapter 9 of division A 
of the Miscellaneous Appropriations Act, 2001, as enacted into 
law by section 1(a)(4) of the Consolidated Appropriations Act, 
2001 (2 U.S.C. 132b note), is amended by striking ``chair of 
the Subcommittee on the Legislative Branch of the Committee on 
Appropriations of the House of Representatives'' and inserting 
``chair of the Committee on Appropriations of the House of 
Representatives (or another member of such Committee designated 
by the chair)''.
    (b) Section 313(a)(2)(E) of the Legislative Branch 
Appropriations Act, 2001 (2 U.S.C. 1151(a)(2)(E)), as added by 
section 1502 of the Legislative Branch Appropriations Act, 2005 
(Public Law 108-447), is amended by striking ``chair of the 
Subcommittee on Legislative Branch of the Committee on 
Appropriations of the House of Representatives'' and inserting 
``chair of the Committee on Appropriations of the House of 
Representatives (or another member of such Committee designated 
by the chair)''.

                             CAPITOL POLICE

                            General Expenses

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

                        ARCHITECT OF THE CAPITOL

                            Capitol Grounds

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

                  Capitol Police Buildings and Grounds

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

                 TITLE IV--INDIAN OCEAN TSUNAMI RELIEF

                               CHAPTER 1

                  FUNDS APPROPRIATED TO THE PRESIDENT

                       OTHER BILATERAL ASSISTANCE

                Tsunami Recovery and Reconstruction Fund

                     (INCLUDING TRANSFERS OF FUNDS)

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

                    GENERAL PROVISIONS, THIS CHAPTER

                           ANNUAL LIMITATION

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

                         REPORTING REQUIREMENT

    Sec. 4102. The Secretary of State shall submit to the 
Committees on Appropriations not later than 30 days after 
enactment, and prior to the initial obligation of funds 
appropriated under this chapter not used to reimburse accounts 
for obligations made prior to enactment, a report on the 
proposed uses of all funds on a project-by-project basis, for 
which such initial obligation of funds is anticipated: 
Provided, That up to 15 percent of funds appropriated under 
this chapter may be obligated before the submission of the 
report subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That the report 
shall be updated and submitted to the Committees on 
Appropriations every six months and shall include information 
detailing how the estimates and assumptions contained in 
previous reports have changed: Provided further, That any 
proposed new projects and increases in funding of ongoing 
projects shall be reported to the Committees on Appropriations 
in accordance with regular notification procedures: Provided 
further, That the Secretary of State shall submit to the 
Committees on Appropriations, not later than 210 days following 
enactment of this Act, and every six months thereafter, a 
report detailing on a project-by project basis, the expenditure 
of funds appropriated under this chapter until all funds have 
been fully expended.

                         AUTHORIZATION OF FUNDS

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

                         AVIAN INFLUENZA VIRUS

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

                               CHAPTER 2

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

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

             Overseas Humanitarian, Disaster, and Civic Aid

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

                               CHAPTER 3

                    DEPARTMENT OF HOMELAND SECURITY

                       UNITED STATES COAST GUARD

                           Operating Expenses

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

                               CHAPTER 4

                       DEPARTMENT OF THE INTERIOR

                    United States Geological Survey

                 SURVEYS, INVESTIGATIONS, AND RESEARCH

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

                               CHAPTER 5

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration

                  OPERATIONS, RESEARCH, AND FACILITIES

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

               PROCUREMENT, ACQUISITION AND CONSTRUCTION

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

                TITLE V--OTHER EMERGENCY APPROPRIATIONS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                 Natural Resources Conservation Service

                 EMERGENCY WATERSHED PROTECTION PROGRAM

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

                    GENERAL PROVISIONS, THIS CHAPTER

                         RURAL HOUSING SERVICE

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

                    RURAL HOUSING ASSISTANCE GRANTS

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

                  WATERSHED PROJECTS IN WEST VIRGINIA

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

                          FARM SERVICE AGENCY

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

                               CHAPTER 2

                       DEPARTMENT OF THE INTERIOR

                        Departmental Management

                         SALARIES AND EXPENSES

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

                             RELATED AGENCY

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                  CAPITAL IMPROVEMENT AND MAINTENANCE

    For an additional amount for ``Capital Improvement and 
Maintenance'', $24,390,000, to remain available until expended, 
to repair damages to national forest facilities and lands 
caused by severe storms in southern California: Provided, That 
such funds shall be available to perform repair activities 
including, but not limited to, restoration of roads, trails and 
facilities; removal of landslides; drainage protection; waste 
removal; and stream stabilization: Provided further, That the 
amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th Congress).

                               CHAPTER 3

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary

            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

                    (INCLUDING RESCISSIONS OF FUNDS)

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

                               CHAPTER 4

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs

                 HOUSING FOR PERSONS WITH DISABILITIES

                    (INCLUDING RESCISSION OF FUNDS)

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

             Office of Federal Housing Enterprise Oversight

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

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

         TITLE VI--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS

                         AVAILABILITY OF FUNDS

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

                  REFERENCES TO EMERGENCY REQUIREMENTS

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

                   RURAL BUSINESS-COOPERATIVE SERVICE

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

 MC CLELLAN KERR NAVIGATION SYSTEM ADVANCED OPERATIONS AND MAINTENANCE

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

                      ENVIRONMENTAL INFRASTRUCTURE

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

                      DE SOTO COUNTY, MISSISSIPPI

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

                    FORT PECK FISH HATCHERY, MONTANA

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

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

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

                 OFFSHORE OIL AND GAS FABRICATION PORTS

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

                      ENVIRONMENTAL INFRASTRUCTURE

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

                        INDIANA HARBOR, INDIANA

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

                  SEMINOLE TRIBE, BIG CYPRESS PROJECT

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

                     SAN GABRIEL BASIN RESTORATION

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

                 SILVERY MINNOW OFF-CHANNEL SANCTUARIES

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

                       DESALINATION ACT EXTENSION

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

                             ENERGY SUPPLY

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

                           OFFICE OF SCIENCE

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

                             FOSSIL ENERGY

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

                           WEAPONS ACTIVITIES

                     (INCLUDING TRANSFER OF FUNDS)

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

                     DEFENSE ENVIRONMENTAL SERVICES

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

  DEFENSE SITE ACCELERATION COMPLETION TRANSFER TO WEAPONS ACTIVITIES

                     (INCLUDING TRANSFER OF FUNDS)

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

                       SMALL BUSINESS CONTRACTING

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

                         NUCLEAR WASTE DISPOSAL

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

                    DEPARTMENT OF HOMELAND SECURITY

                          WORKING CAPITAL FUND

    Sec. 6024. None of the funds appropriated or otherwise made 
available to the Department of Homeland Security may be used to 
make payments to the ``Department of Homeland Security Working 
Capital Fund'', except for the activities for fiscal year 2005 
contained in the April 11, 2005, report submitted to the 
Committees on Appropriations of the Senate and the House of 
Representatives on the Department of Homeland Security Working 
Capital Fund, and all activities and services funded by the 
Federal Emergency Management Agency ``Working Capital Fund'' 
before March 1, 2003: Provided, That all organizations shall be 
charged only for direct usage of each service: Provided 
further, That for fiscal year 2005, funding for activities 
shall not exceed the amounts listed in the Department of 
Homeland Security Working Capital Fund April 11, 2005, report: 
Provided further, That any additional activities and amounts 
must be approved by the Committees on Appropriations of the 
Senate and the House of Representatives 30 days in advance of 
obligation.
    Sec. 6025. The Department of Homeland Security shall 
henceforth provide an appropriations justification for the 
``Department of Homeland Security Working Capital Fund'' to the 
Committees on Appropriations of the Senate and House of 
Representatives: Provided, That an annual appropriations 
justification shall be submitted to the Congress as a part of 
the President's budget as submitted under Section 1105(a) of 
Title 31, United States Code, and shall contain the same level 
of detail as the Department's Congressional appropriations 
justification in support of the President's budget: Provided 
further, That the ``Department of Homeland Security Working 
Capital Fund'' Congressional appropriations justification for 
fiscal year 2006 shall be submitted within 15 days of enactment 
of this Act: Provided further, That the Chief Financial Officer 
shall ensure that all planned activities and amounts to be 
funded by the ``Department of Homeland Security Working Capital 
Fund'', all reimbursable agreements, and all uses of the 
Economy Act are explicitly identified in each Congressional 
appropriations justification in support of the President's 
budget provided for each agency and component of the 
Department.

                OFFICE OF THE CHIEF INFORMATION OFFICER

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

                          RESCISSION OF FUNDS

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

                  REPROGRAMMING AND TRANSFER OF FUNDS

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

            BUREAU OF LAND MANAGEMENT, TECHNICAL CORRECTION

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

                        FOREST SERVICE TRANSFER

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

              WEST YELLOWSTONE VISITOR INFORMATION CENTER

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

                       PESTICIDES TOLERANCE FEES

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

                     GULF ISLANDS NATIONAL SEASHORE

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

               SURFACE MINING CONTROL AND RECLAMATION ACT

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

        RESIDENT AND NONRESIDENT HUNTING AND FISHING REGULATIONS

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

       STATE AND TRIBAL ASSISTANCE GRANTS, TECHNICAL CORRECTIONS

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

                           TRANSFER AUTHORITY

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

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

    Sec. 6041. In the statement of the managers of the 
committee of conference accompanying H.R. 4818 (Public Law 108-
447; House Report 108-792), in the matter in title III of 
division F, relating to the Fund for the Improvement of 
Education under the heading ``Innovation and Improvement''--
            (1) the provision specifying $500,000 for the 
        Mississippi Museum of Art, Jackson, MS for Hardy Middle 
        School After School Program shall be deemed to read 
        ``Mississippi Museum of Art, Jackson, MS for a 
        Mississippi Museum of Art After-School Collaborative'';
            (2) the provision specifying $2,000,000 for the 
        Milken Family Foundation, Santa Monica, CA, for the 
        Teacher Advancement Program shall be deemed to read 
        ``Teacher Advancement Program Foundation, Santa Monica, 
        CA for the Teacher Advancement Program'';
            (3) the provision specifying $1,000,000 for Batelle 
        for Kids, Columbus, OH for a multi-state effort to 
        evaluate and learn the most effective ways for 
        accelerating student academic growth shall be deemed to 
        read ``Battelle for Kids, Columbus, OH for a multi-
        state effort to implement, evaluate and learn the most 
        effective ways for accelerating student academic 
        growth'';
            (4) the provision specifying $750,000 for the 
        Institute of Heart Math, Boulder Creek, CO for a 
        teacher retention and student dropout prevention 
        program shall be deemed to read ``Institute of Heart 
        Math, Boulder Creek, CA for a teacher retention and 
        student dropout prevention program'';
            (5) the provision specifying $200,000 for Fairfax 
        County Public Schools, Fairfax, VA for Chinese language 
        programs in Franklin Sherman Elementary School and 
        Chesterbrook Elementary School in McLean, Virginia 
        shall be deemed to read ``Fairfax County Public 
        Schools, Fairfax, VA for Chinese language programs in 
        Shrevewood Elementary School and Wolftrap Elementary 
        School'';
            (6) the provision specifying $1,250,000 for the 
        University of Alaska/Fairbanks in Fairbanks, AK, 
        working with the State of Alaska and Catholic Community 
        Services, for the Alaska System for Early Education 
        Development (SEED) shall be deemed to read ``University 
        of Alaska/Southeast in Juneau, AK, working with the 
        State of Alaska and Catholic Community Services, for 
        the Alaska System for Early Education Development 
        (SEED)'';
            (7) the provision specifying $25,000 for QUILL 
        Productions, Inc., Aston, PA, to develop and 
        disseminate programs to enhance the teaching of 
        American history shall be deemed to read ``QUILL 
        Entertainment Company, Aston, PA, to develop and 
        disseminate programs to enhance the teaching of 
        American history'';
            (8) the provision specifying $780,000 for City of 
        St. Charles, MO for the St. Charles Foundry Arts Center 
        in support of arts education shall be deemed to read 
        ``The Foundry Art Centre, St. Charles, Missouri for 
        support of arts education in conjunction with the City 
        of St. Charles, MO'';
            (9) the provision specifying $100,000 for Community 
        Arts Program, Chester, PA, for arts education shall be 
        deemed to read ``Chester Economic Development 
        Authority, Chester, PA for a community arts program'';
            (10) the provision specifying $100,000 for Kids 
        with A Promise--The Bowery Mission, Bushkill, PA shall 
        be deemed to read ``Kids with A Promise--The Bowery 
        Mission, New York, NY'';
            (11) the provision specifying $50,000 for Great 
        Projects Film Company, Inc., Washington, DC, to produce 
        ``Educating America'', a documentary about the 
        challenges facing our public schools shall be deemed to 
        read ``Great Projects Film Company, Inc., New York, NY, 
        to produce `Educating America', a documentary about the 
        challenges facing our public schools'';
            (12) the provision specifying $30,000 for Summer 
        Camp Opportunities Provide an Edge (SCOPE), New York, 
        NY for YMCA Camps Skycrest, Speers and Elijabar shall 
        be deemed to read ``American Camping Association for 
        Summer Camp Opportunities Provide an Edge (SCOPE), New 
        York, NY for YMCA Camps Skycrest and Speers-Elijabar'';
            (13) the provision specifying $163,000 for Space 
        Education Initiatives, Green Bay, WI for the Wisconsin 
        Space Science Initiative shall be deemed to read 
        ``Space Education Initiatives, De Pere, WI for the 
        Wisconsin Space Science Initiative'';
            (14) the provision specifying $100,000 for Clarion 
        County Career Center, Shippenville, PA for curriculum 
        development shall be deemed to read ``Clarion County 
        Career Center, Shippenville, PA for curriculum 
        development, technology and/or equipment'';
            (15) the provision specifying $100,000 for Central 
        Pennsylvania Institute of Science and Technology, 
        Pleasant Gap, PA for curriculum development shall be 
        deemed to read ``Central Pennsylvania Institute of 
        Science and Technology, Pleasant Gap, PA for curriculum 
        development, technology and/or equipment'';
            (16) the provision specifying $100,000 for Forest 
        Area High School, Tionesta, PA, for curriculum 
        development shall be deemed to read ``Forest Area High 
        School, Tionesta, PA for curriculum development, 
        technology and/or equipment'';
            (17) the provision specifying $100,000 for Jersey 
        Shore High School, Jersey Shore, PA, for curriculum 
        development shall be deemed to read ``Jersey Shore High 
        School, Jersey Shore, PA for curriculum development, 
        technology and/or equipment'';
            (18) the provision specifying $100,000 for 
        Montgomery Area School District, Montgomery, PA for 
        curriculum development shall be deemed to read 
        ``Montgomery Area School District, Montgomery, PA for 
        curriculum development, technology and/or equipment'';
            (19) the provision specifying $100,000 for Southern 
        Tioga School District, Blossburg, PA for curriculum 
        development shall be deemed to read ``Southern Tioga 
        School District, Blossburg, PA for curriculum 
        development, technology and/or equipment'';
            (20) the provision specifying $300,000 for Venango 
        County AVTS, Oil City, PA for curriculum development 
        shall be deemed to read ``Venango County AVTS, Oil 
        City, PA for curriculum development, technology and/or 
        equipment'';
            (21) the provision specifying $100,000 for Warren 
        County Career Center, Warren, PA, for curriculum 
        development shall be deemed to read ``Warren County 
        Career Center, Warren, PA for curriculum development, 
        technology and/or equipment''; and
            (22) the provision specifying $100,000 for 
        Wellsboro Area School District, Wellsboro, PA, for 
        curriculum development shall be deemed to read 
        ``Wellsboro Area School District, Wellsboro, PA for 
        curriculum development, technology and/or equipment''.

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

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

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

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

    CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR GRANT REVIEWS

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

        MEDICARE HEALTH CARE INFRASTRUCTURE IMPROVEMENT PROGRAM

    Sec. 6045. (a) In General.--Section 1897(c) of the Social 
Security Act (42 U.S.C. 1395hhh(c)) is amended--
            (1) in paragraph (2)--
                    (A) in the matter preceding subparagraph 
                (A), by inserting ``or an entity described in 
                paragraph (3)'' after ``means a hospital''; and
                    (B) in subparagraph (B)--
                            (i) by inserting ``legislature'' 
                        after ``State'' the first place it 
                        appears; and
                            (ii) by inserting ``and such 
                        designation by the State legislature 
                        occurred prior to December 8, 2003'' 
                        before the period at the end; and
            (2) by adding at the end the following new 
        paragraph:
            ``(3) Entity described.--An entity described in 
        this paragraph is an entity that--
                    ``(A) is described in section 501(c)(3) of 
                the Internal Revenue Code of 1986 and exempt 
                from tax under section 501(a) of such Code;
                    ``(B) has at least 1 existing memorandum of 
                understanding or affiliation agreement with a 
                hospital located in the State in which the 
                entity is located; and
                    ``(C) retains clinical outpatient treatment 
                for cancer on site as well as lab research and 
                education and outreach for cancer in the same 
                facility.''.
    (b) Limitation on Review.--Section 1897 of the Social 
Security Act (42 U.S.C. 1395hhh(c)) is amended by adding at the 
end the following new subsection:
    ``(i) Limitation on Review.--There shall be no 
administrative or judicial review of any determination made by 
the Secretary under this section.''.
    (c) Effective Date.--The amendments made by this section 
shall take effect as if included in the enactment of section 
1016 of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2447).

              APPLICATION PROCESSING AND ENFORCEMENT FEES

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

                 TECHNICAL CORRECTION--HIGHER EDUCATION

                    (INCLUDING RESCISSION OF FUNDS)

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

                        COPYRIGHT ROYALTY JUDGES

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

                         CAPITOL VISITOR CENTER

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

                          TECHNICAL CORRECTION

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

        TECHNICAL CORRECTIONS--NATIONAL OCEANIC AND ATMOSPHERIC 
                    ADMINISTRATION--FISCAL YEAR 2005

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

          SMALL BUSINESS ADMINISTRATION--TECHNICAL CORRECTIONS

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

                    TECHNICAL CORRECTION--BANKRUPTCY

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

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

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

                   DEPARTMENT OF COMMERCE--CONFERENCE

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

                   TECHNICAL CORRECTION--9/11 HEROES

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

          TECHNICAL CORRECTIONS--DEPARTMENT OF TRANSPORTATION

    Sec. 6061. The matter under the heading ``Federal Transit 
Administration, Capital Investment Grants'' in title I of 
division H of Public Law 108-447 is amended by striking 
``$3,591,548'' and inserting ``$1,362,683'' and by striking 
``$22,554,144'' and inserting ``$12,998,815'': Provided, That 
the amount of new fixed guideway funds available for each 
project expected to complete its full funding grant agreement 
this fiscal year shall not exceed the amount which, when 
reduced by the across-the-board rescission of 0.80 percent of 
such Act, is equal to the amount of new fixed guideway funds 
required to complete the commitment of Federal new fixed 
guideway funds reflected in the project's full funding grant 
agreement: Provided further, That of the new fixed guideway 
funds available in Public Law 108-447, $1,352,899 shall be 
available for the Northern New Jersey Newark Rail Link MOS 1 
project, no funds shall be available for the Northern New 
Jersey Newark-Elizabeth Rail Line MOS 1 project, and $316,427 
shall be available for the Northern New Jersey Hudson-Bergen 
Light Rail MOS 1 project.
    Sec. 6062. Notwithstanding any other provision of law, in 
section 1602 of the Transportation Equity Act for the 21st 
Century, item number 744 is amended by striking ``Preliminary 
design of Route 2 Connector to Downtown Fitchburg'' and 
inserting ``design, construction/reconstruction and right of 
way acquisition for roadway improvements along the Route 12 
corridor in Leominster and Fitchburg to enhance access from 
Route 2 to North Leominster and Downtown Fitchburg''.
    Sec. 6063. Section 198 of division H of Public Law 108-447 
is amended by inserting ``under title 23 of the United States 
Code'' after ``law''.

                        PAYMENTS TO AIR CARRIERS

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

                        MARITIME ADMINISTRATION

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

                             THE JUDICIARY

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

         TECHNICAL CORRECTIONS--GENERAL SERVICES ADMINISTRATION

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

   TECHNICAL CORRECTIONS--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

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

                            PREPACKAGED NEWS

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

          LOCAL BUDGET AUTHORITY FOR THE DISTRICT OF COLUMBIA

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

            USE OF FUNDS FOR EMERGENCY PREPAREDNESS CENTERS

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

        COLLECTIONS DEPOSITED INTO PROJECT CONSTRUCTION ACCOUNTS

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

            CONTRACTS FOR HOSPITAL CARE AND MEDICAL SERVICES

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

     IMPLEMENTATION OF MISSION CHANGES AT SPECIFIC VETERANS HEALTH 
                       ADMINISTRATION FACILITIES

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

                    DIVISION B--REAL ID ACT OF 2005

SECTION 1. SHORT TITLE.

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

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

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

    (a) Conditions for Granting Asylum.--Section 208(b)(1) of 
the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)) is 
amended--
            (1) by striking ``The Attorney General'' the first 
        place such term appears and inserting the following:
                    ``(A) Eligibility.--The Secretary of 
                Homeland Security or the Attorney General'';
            (2) by striking ``the Attorney General'' the second 
        and third places such term appears and inserting ``the 
        Secretary of Homeland Security or the Attorney 
        General''; and
            (3) by adding at the end the following:
                    ``(B) Burden of proof.--
                            ``(i) In general.--The burden of 
                        proof is on the applicant to establish 
                        that the applicant is a refugee, within 
                        the meaning of section 101(a)(42)(A). 
                        To establish that the applicant is a 
                        refugee within the meaning of such 
                        section, the applicant must establish 
                        that race, religion, nationality, 
                        membership in a particular social 
                        group, or political opinion was or will 
                        be at least one central reason for 
                        persecuting the applicant.
                            ``(ii) Sustaining burden.--The 
                        testimony of the applicant may be 
                        sufficient to sustain the applicant's 
                        burden without corroboration, but only 
                        if the applicant satisfies the trier of 
                        fact that the applicant's testimony is 
                        credible, is persuasive, and refers to 
                        specific facts sufficient to 
                        demonstrate that the applicant is a 
                        refugee. In determining whether the 
                        applicant has met the applicant's 
                        burden, the trier of fact may weigh the 
                        credible testimony along with other 
                        evidence of record. Where the trier of 
                        fact determines that the applicant 
                        should provide evidence that 
                        corroborates otherwise credible 
                        testimony, such evidence must be 
                        provided unless the applicant does not 
                        have the evidence and cannot reasonably 
                        obtain the evidence.
                            ``(iii) Credibility 
                        determination.--Considering the 
                        totality of the circumstances, and all 
                        relevant factors, a trier of fact may 
                        base a credibility determination on the 
                        demeanor, candor, or responsiveness of 
                        the applicant or witness, the inherent 
                        plausibility of the applicant's or 
                        witness's account, the consistency 
                        between the applicant's or witness's 
                        written and oral statements (whenever 
                        made and whether or not under oath, and 
                        considering the circumstances under 
                        which the statements were made), the 
                        internal consistency of each such 
                        statement, the consistency of such 
                        statements with other evidence of 
                        record (including the reports of the 
                        Department of State on country 
                        conditions), and any inaccuracies or 
                        falsehoods in such statements, without 
                        regard to whether an inconsistency, 
                        inaccuracy, or falsehood goes to the 
                        heart of the applicant's claim, or any 
                        other relevant factor. There is no 
                        presumption of credibility, however, if 
                        no adverse credibility determination is 
                        explicitly made, the applicant or 
                        witness shall have a rebuttable 
                        presumption of credibility on 
                        appeal.''.
    (b) Exceptions to Eligibility for Asylum.--Section 
208(b)(2)(A)(v) of the Immigration and Nationality Act (8 
U.S.C. 1158(b)(2)(A)(v)) is amended--
            (1) by striking ``inadmissible under'' each place 
        such term appears and inserting ``described in''; and
            (2) by striking ``removable under''.
    (c) Withholding of Removal.--Section 241(b)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is 
amended by adding at the end the following:
                    ``(C) Sustaining burden of proof; 
                credibility determinations.--In determining 
                whether an alien has demonstrated that the 
                alien's life or freedom would be threatened for 
                a reason described in subparagraph (A), the 
                trier of fact shall determine whether the alien 
                has sustained the alien's burden of proof, and 
                shall make credibility determinations, in the 
                manner described in clauses (ii) and (iii) of 
                section 208(b)(1)(B).''.
    (d) Other Requests for Relief From Removal.--Section 240(c) 
of the Immigration and Nationality Act (8 U.S.C. 1230(c)) is 
amended--
            (1) by redesignating paragraphs (4), (5), and (6) 
        as paragraphs (5), (6), and (7), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) Applications for relief from removal.--
                    ``(A) In general.--An alien applying for 
                relief or protection from removal has the 
                burden of proof to establish that the alien--
                            ``(i) satisfies the applicable 
                        eligibility requirements; and
                            ``(ii) with respect to any form of 
                        relief that is granted in the exercise 
                        of discretion, that the alien merits a 
                        favorable exercise of discretion.
                    ``(B) Sustaining burden.--The applicant 
                must comply with the applicable requirements to 
                submit information or documentation in support 
                of the applicant's application for relief or 
                protection as provided by law or by regulation 
                or in the instructions for the application 
                form. In evaluating the testimony of the 
                applicant or other witness in support of the 
                application, the immigration judge will 
                determine whether or not the testimony is 
                credible, is persuasive, and refers to specific 
                facts sufficient to demonstrate that the 
                applicant has satisfied the applicant's burden 
                of proof. In determining whether the applicant 
                has met such burden, the immigration judge 
                shall weigh the credible testimony along with 
                other evidence of record. Where the immigration 
                judge determines that the applicant should 
                provide evidence which corroborates otherwise 
                credible testimony, such evidence must be 
                provided unless the applicant demonstrates that 
                the applicant does not have the evidence and 
                cannot reasonably obtain the evidence.
                    ``(C) Credibility determination.--
                Considering the totality of the circumstances, 
                and all relevant factors, the immigration judge 
                may base a credibility determination on the 
                demeanor, candor, or responsiveness of the 
                applicant or witness, the inherent plausibility 
                of the applicant's or witness's account, the 
                consistency between the applicant's or 
                witness's written and oral statements (whenever 
                made and whether or not under oath, and 
                considering the circumstances under which the 
                statements were made), the internal consistency 
                of each such statement, the consistency of such 
                statements with other evidence of record 
                (including the reports of the Department of 
                State on country conditions), and any 
                inaccuracies or falsehoods in such statements, 
                without regard to whether an inconsistency, 
                inaccuracy, or falsehood goes to the heart of 
                the applicant's claim, or any other relevant 
                factor. There is no presumption of credibility, 
                however, if no adverse credibility 
                determination is explicitly made, the applicant 
                or witness shall have a rebuttable presumption 
                of credibility on appeal.''.
    (e) Standard of Review for Orders of Removal.--Section 
242(b)(4) of the Immigration and Nationality Act (8 U.S.C. 
1252(b)(4)) is amended by adding at the end, after subparagraph 
(D), the following: ``No court shall reverse a determination 
made by a trier of fact with respect to the availability of 
corroborating evidence, as described in section 208(b)(1)(B), 
240(c)(4)(B), or 241(b)(3)(C), unless the court finds, pursuant 
to section 242(b)(4)(B), that a reasonable trier of fact is 
compelled to conclude that such corroborating evidence is 
unavailable.''.
    (f) Clarification of Discretion.--Section 242(a)(2)(B) of 
the Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) is 
amended--
            (1) by inserting ``or the Secretary of Homeland 
        Security'' after ``Attorney General'' each place such 
        term appears; and
            (2) in the matter preceding clause (i), by 
        inserting ``and regardless of whether the judgment, 
        decision, or action is made in removal proceedings,'' 
        after ``other provision of law,''.
    (g) Removal of Caps.--
            (1) Asylees.--Section 209 of the Immigration and 
        Nationality Act (8 U.S.C. 1159) is amended--
                    (A) in subsection (a)(1)--
                            (i) by striking ``Service'' and 
                        inserting ``Department of Homeland 
                        Security''; and
                            (ii) by striking ``Attorney 
                        General'' each place such term appears 
                        and inserting ``Secretary of Homeland 
                        Security or the Attorney General'';
                    (B) in subsection (b)--
                            (i) by striking ``Not more'' and 
                        all that follows through ``asylum who--
                        '' and inserting ``The Secretary of 
                        Homeland Security or the Attorney 
                        General, in the Secretary's or the 
                        Attorney General's discretion and under 
                        such regulations as the Secretary or 
                        the Attorney General may prescribe, may 
                        adjust to the status of an alien 
                        lawfully admitted for permanent 
                        residence the status of any alien 
                        granted asylum who--''; and
                            (ii) in the matter following 
                        paragraph (5), by striking ``Attorney 
                        General'' and inserting ``Secretary of 
                        Homeland Security or the Attorney 
                        General''; and
                    (C) in subsection (c), by striking 
                ``Attorney General'' and inserting ``Secretary 
                of Homeland Security or the Attorney General''.
            (2) Persons resisting coercive population control 
        methods.--Section 207(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1157(a)) is amended by 
        striking paragraph (5).
    (h) Effective Dates.--
            (1) The amendments made by paragraphs (1) and (2) 
        of subsection (a) shall take effect as if enacted on 
        March 1, 2003.
            (2) The amendments made by subsections (a)(3), (b), 
        (c), and (d) shall take effect on the date of the 
        enactment of this division and shall apply to 
        applications for asylum, withholding, or other relief 
        from removal made on or after such date.
            (3) The amendment made by subsection (e) shall take 
        effect on the date of the enactment of this division 
        and shall apply to all cases in which the final 
        administrative removal order is or was issued before, 
        on, or after such date.
            (4) The amendments made by subsection (f) shall 
        take effect on the date of the enactment of this 
        division and shall apply to all cases pending before 
        any court on or after such date.
            (5) The amendments made by subsection (g) shall 
        take effect on the date of the enactment of this 
        division.
    (i) Repeal.--Section 5403 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458) is 
repealed.

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

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

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

    (a) In General.--So much of section 212(a)(3)(B)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) as 
precedes the final sentence is amended to read as follows:
                            ``(i) In general.--Any alien who--
                                    ``(I) has engaged in a 
                                terrorist activity;
                                    ``(II) a consular officer, 
                                the Attorney General, or the 
                                Secretary of Homeland Security 
                                knows, or has reasonable ground 
                                to believe, is engaged in or is 
                                likely to engage after entry in 
                                any terrorist activity (as 
                                defined in clause (iv));
                                    ``(III) has, under 
                                circumstances indicating an 
                                intention to cause death or 
                                serious bodily harm, incited 
                                terrorist activity;
                                    ``(IV) is a representative 
                                (as defined in clause (v)) of--
                                            ``(aa) a terrorist 
                                        organization (as 
                                        defined in clause 
                                        (vi)); or
                                            ``(bb) a political, 
                                        social, or other group 
                                        that endorses or 
                                        espouses terrorist 
                                        activity;
                                    ``(V) is a member of a 
                                terrorist organization 
                                described in subclause (I) or 
                                (II) of clause (vi);
                                    ``(VI) is a member of a 
                                terrorist organization 
                                described in clause (vi)(III), 
                                unless the alien can 
                                demonstrate by clear and 
                                convincing evidence that the 
                                alien did not know, and should 
                                not reasonably have known, that 
                                the organization was a 
                                terrorist organization;
                                    ``(VII) endorses or 
                                espouses terrorist activity or 
                                persuades others to endorse or 
                                espouse terrorist activity or 
                                support a terrorist 
                                organization;
                                    ``(VIII) has received 
                                military-type training (as 
                                defined in section 2339D(c)(1) 
                                of title 18, United States 
                                Code) from or on behalf of any 
                                organization that, at the time 
                                the training was received, was 
                                a terrorist organization (as 
                                defined in clause (vi)); or
                                    ``(IX) is the spouse or 
                                child of an alien who is 
                                inadmissible under this 
                                subparagraph, if the activity 
                                causing the alien to be found 
                                inadmissible occurred within 
                                the last 5 years, is 
                                inadmissible.''.
    (b) Engage in Terrorist Activity Defined.--Section 
212(a)(3)(B)(iv) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(B)(iv)) is amended to read as follows:
                            ``(iv) Engage in terrorist activity 
                        defined.--As used in this Act, the term 
                        `engage in terrorist activity' means, 
                        in an individual capacity or as a 
                        member of an organization--
                                    ``(I) to commit or to 
                                incite to commit, under 
                                circumstances indicating an 
                                intention to cause death or 
                                serious bodily injury, a 
                                terrorist activity;
                                    ``(II) to prepare or plan a 
                                terrorist activity;
                                    ``(III) to gather 
                                information on potential 
                                targets for terrorist activity;
                                    ``(IV) to solicit funds or 
                                other things of value for--
                                            ``(aa) a terrorist 
                                        activity;
                                            ``(bb) a terrorist 
                                        organization described 
                                        in clause (vi)(I) or 
                                        (vi)(II); or
                                            ``(cc) a terrorist 
                                        organization described 
                                        in clause (vi)(III), 
                                        unless the solicitor 
                                        can demonstrate by 
                                        clear and convincing 
                                        evidence that he did 
                                        not know, and should 
                                        not reasonably have 
                                        known, that the 
                                        organization was a 
                                        terrorist organization;
                                    ``(V) to solicit any 
                                individual--
                                            ``(aa) to engage in 
                                        conduct otherwise 
                                        described in this 
                                        subsection;
                                            ``(bb) for 
                                        membership in a 
                                        terrorist organization 
                                        described in clause 
                                        (vi)(I) or (vi)(II); or
                                            ``(cc) for 
                                        membership in a 
                                        terrorist organization 
                                        described in clause 
                                        (vi)(III) unless the 
                                        solicitor can 
                                        demonstrate by clear 
                                        and convincing evidence 
                                        that he did not know, 
                                        and should not 
                                        reasonably have known, 
                                        that the organization 
                                        was a terrorist 
                                        organization; or
                                    ``(VI) to commit an act 
                                that the actor knows, or 
                                reasonably should know, affords 
                                material support, including a 
                                safe house, transportation, 
                                communications, funds, transfer 
                                of funds or other material 
                                financial benefit, false 
                                documentation or 
                                identification, weapons 
                                (including chemical, 
                                biological, or radiological 
                                weapons), explosives, or 
                                training--
                                            ``(aa) for the 
                                        commission of a 
                                        terrorist activity;
                                            ``(bb) to any 
                                        individual who the 
                                        actor knows, or 
                                        reasonably should know, 
                                        has committed or plans 
                                        to commit a terrorist 
                                        activity;
                                            ``(cc) to a 
                                        terrorist organization 
                                        described in subclause 
                                        (I) or (II) of clause 
                                        (vi) or to any member 
                                        of such an 
                                        organization; or
                                            ``(dd) to a 
                                        terrorist organization 
                                        described in clause 
                                        (vi)(III), or to any 
                                        member of such an 
                                        organization, unless 
                                        the actor can 
                                        demonstrate by clear 
                                        and convincing evidence 
                                        that the actor did not 
                                        know, and should not 
                                        reasonably have known, 
                                        that the organization 
                                        was a terrorist 
                                        organization.''.
    (c) Terrorist Organization Defined.--Section 
212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(B)(vi)) is amended to read as follows:
                            ``(vi) Terrorist organization 
                        defined.--As used in this section, the 
                        term `terrorist organization' means an 
                        organization--
                                    ``(I) designated under 
                                section 219;
                                    ``(II) otherwise 
                                designated, upon publication in 
                                the Federal Register, by the 
                                Secretary of State in 
                                consultation with or upon the 
                                request of the Attorney General 
                                or the Secretary of Homeland 
                                Security, as a terrorist 
                                organization, after finding 
                                that the organization engages 
                                in the activities described in 
                                subclauses (I) through (VI) of 
                                clause (iv); or
                                    ``(III) that is a group of 
                                two or more individuals, 
                                whether organized or not, which 
                                engages in, or has a subgroup 
                                which engages in, the 
                                activities described in 
                                subclauses (I) through (VI) of 
                                clause (iv).''.
    (d) Effective Date.--The amendments made by this section 
shall take effect on the date of the enactment of this 
division, and these amendments, and section 212(a)(3)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), as 
amended by this section, shall apply to--
            (1) removal proceedings instituted before, on, or 
        after the date of the enactment of this division; and
            (2) acts and conditions constituting a ground for 
        inadmissibility, excludability, deportation, or removal 
        occurring or existing before, on, or after such date.

SEC. 104. WAIVER FOR CERTAIN GROUNDS OF INADMISSIBILITY.

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

SEC. 105. REMOVAL OF TERRORISTS.

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

SEC. 106. JUDICIAL REVIEW OF ORDERS OF REMOVAL.

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

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

SEC. 201. DEFINITIONS.

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

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

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

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

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

SEC. 204. GRANTS TO STATES.

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

SEC. 205. AUTHORITY.

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

SEC. 206. REPEAL.

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

SEC. 207. LIMITATION ON STATUTORY CONSTRUCTION.

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

      TITLE III--BORDER INFRASTRUCTURE AND TECHNOLOGY INTEGRATION

SEC. 301. VULNERABILITY AND THREAT ASSESSMENT.

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

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

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

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

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

                      TITLE IV--TEMPORARY WORKERS

SEC. 401. SHORT TITLE.

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

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

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

SEC. 403. FRAUD PREVENTION AND DETECTION FEE.

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

SEC. 404. SANCTIONS.

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

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

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

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

    Section 416 of the American Competitiveness and Workforce 
Improvement Act of 1998 (title IV of division C of Public Law 
105-277; 8 U.S.C. 1184 note) is amended--
            (1) by striking ``Attorney General'' each place 
        that term appears and inserting ``Secretary of Homeland 
        Security''; and
            (2) by adding at the end the following new 
        subsection:
    ``(d) Provision of Information.--
            ``(1) Semiannual notification.--Beginning not later 
        than March 1, 2006, the Secretary of Homeland Security 
        and the Secretary of State shall notify, on a 
        semiannual basis, the Committees on the Judiciary of 
        the House of Representatives and the Senate of the 
        number of aliens who during the preceding 1-year 
        period--
                    ``(A) were issued visas or otherwise 
                provided nonimmigrant status under section 
                101(a)(15)(H)(ii)(b) of the Immigration and 
                Nationality Act (8 U.S.C. 
                1101(a)(15)(H)(ii)(b)); or
                    ``(B) had such a visa or such status be 
                revoked or otherwise terminated.
            ``(2) Annual submission.--Beginning in fiscal year 
        2007, the Secretary of Homeland Security and the 
        Secretary of State shall submit, on an annual basis, to 
        the Committees on the Judiciary of the House of 
        Representatives and the Senate--
                    ``(A) information on the countries of 
                origin of, occupations of, and compensation 
                paid to aliens who were issued visas or 
                otherwise provided nonimmigrant status under 
                section 101(a)(15)(H)(ii)(b) of the Immigration 
                and Nationality Act (8 U.S.C. 
                1101(a)(15)(H)(ii)(b)) during the previous 
                fiscal year;
                    ``(B) the number of aliens who had such a 
                visa or such status expire or be revoked or 
                otherwise terminated during each month of such 
                fiscal year; and
                    ``(C) the number of aliens who were 
                provided nonimmigrant status under such section 
                during both such fiscal year and the preceding 
                fiscal year.
            ``(3) Information maintained by state.--If the 
        Secretary of Homeland Security determines that 
        information maintained by the Secretary of State is 
        required to make a submission described in paragraph 
        (1) or (2), the Secretary of State shall provide such 
        information to the Secretary of Homeland Security upon 
        request.''.

SEC. 407. EXEMPTION FROM ADMINISTRATIVE PROCEDURE ACT.

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

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

SEC. 501. RECIPROCAL VISAS FOR NATIONALS OF AUSTRALIA.

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

SEC. 502. VISAS FOR NURSES.

    Section 106(d) of the American Competitiveness in the 
Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 
1153 note) is amended--
            (1) in paragraph (1), by inserting before the 
        period at the end of the second sentence ``and any such 
        visa that is made available due to the difference 
        between the number of employment-based visas that were 
        made available in fiscal year 2001, 2002, 2003, or 2004 
        and the number of such visas that were actually used in 
        such fiscal year shall be available only to employment-
        based immigrants (and their family members accompanying 
        or following to join under section 203(d) of such Act 
        (8 U.S.C. 1153(d))) whose immigrant worker petitions 
        were approved based on schedule A, as defined in 
        section 656.5 of title 20, Code of Federal Regulations, 
        as promulgated by the Secretary of Labor'';
            (2) in paragraph (2)(A), by striking ``and 2000'' 
        and inserting ``through 2004''; and
            (3) in paragraph (2), by amending subparagraph (B) 
        to read as follows:
                    ``(B)(i) Reduction.--The number described 
                in subparagraph (A) shall be reduced, for each 
                fiscal year after fiscal year 2001, by the 
                cumulative number of immigrant visas actually 
                used under paragraph (1) for previous fiscal 
                years.
                    ``(ii) Maximum.--The total number of visas 
                actually used under paragraph (1) may not 
                exceed 50,000.''.
      And the Senate agree to the same.
      That the House recede from its disagreement to the 
amendment of the Senate to the title of the bill and concur in 
the same.

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

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

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

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

                TITLE I--DEFENSE-RELATED APPROPRIATIONS

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


                Measuring Stability and Security in Iraq

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

                          Classified Programs

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

                        Veteran-Owned Businesses

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

                           MILITARY PERSONNEL

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


                       OPERATION AND MAINTENANCE

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


                   Medical Support for Tactical Units

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

                       Critical Medical Research

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

           Telephone Calling Cards for Injured Servicemembers

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

                   Post Deployment Stand-Down Program

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

             Overseas Humanitarian, Disaster and Civic Aid

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

                    Afghanistan Security Forces Fund

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

                       Iraq Security Forces Fund

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

                              PROCUREMENT

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


                               Modularity

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

                 Up-Armored HMMWV Reporting Requirement

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

          Joint Improvised Explosive Device (IED) Neutralizer

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

                             LITENING Pods

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

                       Special Operations Command

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

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

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


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

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

                       DDX Permanent Magnet Motor

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

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                       [In thousands of dollars]

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

                     National Defense Sealift Fund

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

            Chemical Agents and Munitions Destruction, Army

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

         Drug Interdiction and Counter-Drug Activities, Defense

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

                    Office of the Inspector General

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

                            RELATED AGENCIES

               Intelligence Community Management Account

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

                      Military Construction, Army

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

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

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

              Military Construction, Navy and Marine Corps

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

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

               Marine Corps Force Structure Review Group

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

                    Military Construction, Air Force

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

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

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

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

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

                     GENERAL PROVISIONS--THIS TITLE

      The conferees agree to retain and amend section 1001, as 
proposed by the House and Senate, which provides the Secretary 
of Defense authority to transfer up to $3,000,000,000 of funds 
made available in this title.
      The conferees agree to retain and amend section 1002, as 
proposed by the House and the Senate, which amends section 8005 
of the Department of Defense Appropriations Act, 2005 to 
provide an additional $2,685,000,000 in transfer authority.
      The conferees agree to delete language, as proposed by 
the House, which provides that funds in the Defense Cooperation 
Account may be transferred to other defense accounts.
      The conferees agree to retain section 1003, as proposed 
by the House and Senate, which provides that not more than 
$34,000,000 may be available for counter-drug activities of 
Afghanistan and $4,000,000 may be available for counter-drug 
activities of Pakistan.
      The conferees agree to retain section 1004, as proposed 
by the House and Senate, which provides additional authority 
for extraordinary and emergency expenses.
      The conferees agree to retain section 1005, as proposed 
by the House and Senate which makes technical changes to 
language which provides that during the current fiscal year 
working capital funds of the Department of Defense may increase 
the limitation on advance billing to $1,500,000,000.
      The conferees agree to delete language, as proposed by 
the Senate, which provides that from funds made available in 
this Act under ``Operation and Maintenance, Defense-Wide'', 
$10,000,000 may be used to purchase and dispose of weapons. The 
conferees agree to provide for weapons buy back in section 
1006, the Commander's Emergency. Response Program.
      The conferees agree to retain and amend section 1006, as 
proposed by the House and Senate, which provides that section 
1201(a) of the National Defense Authorization Act for Fiscal 
Year 2005, as amended by the Consolidated Appropriations Act, 
2005 is further amended by striking ``$500,000,000'' and 
inserting ``$854,000,000'' for the Commander's Emergency 
Response Program.
      The conferees agree to retain section 1007, as proposed 
by the House and Senate, which increases the amount of the 
funds for a classified program pursuant to section 8090(b) in 
Public Law 108-287.
      The conferees agree to retain section 1008, as proposed 
by the House, which waives, for calendar year 2005 only, the 
$200,000 limitation on total compensation for civilian 
employees while in the Central Command's area of responsibility 
in support of military operations.
      The conferees agree to retain section 1009, as proposed 
by the House and Senate, which provides the Director of 
National Intelligence (DNI) additional flexibility with respect 
to filling the additional positions authorized for the Office 
of the DNI.
      The conferees agree to retain section 1010, as proposed 
by the House, which extends the authority for support to 
coalition liaison officers contained in the 2003 National 
Defense Authorization Act through December 31, 2005.
      The conferees agree to retain section 1011, as proposed 
by the House and Senate, which includes a provision for 
authority to increase the maximum amount of the reserve 
affiliation bonus not to exceed $10,000.
      The conferees agree to retain and amend section 1012, as 
proposed by the House and Senate, which amends title 38, to 
increase the maximum amount of coverage available for the 
Servicemembers' Group Life Insurance program to $400,000.
      The conferees agree to retain and amend section 1013, as 
proposed by the House and Senate, which increases the death 
gratuity for combat and combat-related deaths, and provides a 
one-time retroactive death gratuity for--a member for the 
increased coverage of the Servicemembers' Group Life Insurance 
and increased amount of the death gratuity.
      The conferees agree to delete language, as proposed by 
the Senate, which amends chapter 75 of title 10, to rename the 
death gratuity payable for deaths of members of the Armed 
Forces as ``Fallen Hero Compensation''.
      The conferees agree to retain and amend section 1014, as 
proposed by the House and Senate, which provides that funds 
appropriated or made available by transfer for intelligence 
activities are deemed to be authorized for purposes of section 
504 of the National Security Act of 1947.
      The conferees agree to retain and amend section 1015, as 
proposed by the House and Senate, which prohibits funds 
provided in this Act to finance programs or activities denied 
by Congress, or to initiate a new start program without prior 
notification to the congressional defense committees, except 
for certain Army ammunition programs.
      The conferees agree to retain and amend section 1016, as 
proposed by the Senate, regarding chemical weapons 
demilitarization and the Assembled Chemical Weapons 
Alternatives program.
      The conferees agree to retain and amend section 1017, as 
proposed by the Senate, which amends section 115 of division H 
of the fiscal year 2004 Consolidated Appropriations Act to 
provide grant authority. The conferees include language to 
provide grant authority for Woody Island from funds available 
for this purpose in ``Operation and Maintenance, Army'' in the 
fiscal year 2005 Defense Appropriations Act.
      The conferees agree to retain section 1018, as proposed 
by the Senate, which transfers $19,000,000 from ``Shipbuilding 
and Conversion, Navy, 2005/2009'' for the LCU(X) program to 
``Shipbuilding and Conversion, Navy, 1996/2008'' for the LPD-17 
program; and designates this provision as an emergency 
requirement.
      The conferees agree to retain and amend section 1019, as 
proposed by the Senate, which prohibits funds, made available 
in this Act, or by prior Acts, to be used to implement a 
winner-take-all strategy for the acquisition of DD(X), the next 
generation Navy destroyer.
      The conferees agree to retain section 1020, as proposed 
by the Senate, which prohibits funds appropriated to the 
Department of Defense, by this Act or any other Act for fiscal 
year 2005 or any other fiscal year, from being used for any pay 
raise that is based on an employee's status as a career or non-
career employee.
      The conferees agree to retain section 1021, as proposed 
by the Senate, which earmarks $12,500,000 from funds made 
available in the Department of Defense Appropriations Act, 2005 
only for industrial mobilization capacity at Rock Island 
Arsenal.
      The conferees agree to retain and amend section 1022, as 
proposed by the Senate which extends the period of temporary 
continuation of Basic Allowance for Housing for dependents of 
members of the armed forces who die while on active duty, and 
includes a sunset provision.
      The conferees agree to delete language, as proposed by 
the Senate, which provides sense of the Senate language 
concerning the phase-in of concurrent receipt of retired pay 
and veterans disability compensation for military retirees.
      The conferees agree to retain and amend section 1023, as 
proposed by the Senate, which prohibits the Department from 
charging military personnel for meals if they are undergoing 
medical recuperation or therapy at a military treatment 
facility.
      The conferees agree to delete language, as proposed by 
the Senate, which prohibits funds to be obligated to implement 
or enforce certain orders and guidance, dated May 15, 2003, on 
the functions and duties of the General Counsel and Judge 
Advocate General of the Air Force.
      The conferees agree to retain section 1024, as proposed 
by the Senate, which includes sense of the Senate language that 
any request for funds after fiscal year 2006 for an ongoing 
military operation overseas, including operations in 
Afghanistan and Iraq, should be included in the annual budget 
for that fiscal year.
      The conferees agree to delete language, as proposed by 
the Senate, requiring the President to submit to Congress 
reports concerning Iraqi security forces. Instead, the 
agreement includes a modified set of reporting requirements in 
the Statement of the Managers.
      The conferees agree to delete language, as proposed by 
the Senate, requiring the Secretary of the Army to report to 
the congressional defense committees on the feasibility of 
implementing for the Army National Guard a program similar to 
the Post Deployment Stand-Down Program of the Air National 
Guard. This reporting requirement is addressed in the Statement 
of the Managers.
      The conferees agree to retain and amend section 1025, as 
proposed by the Senate, which provide that funds available to 
the Department of the Navy in this Act will be provided for 
repair and maintenance of the USS John F. Kennedy to extend the 
life of the carrier; prohibits funds available in this Act to 
be used to reduce the number of active aircraft carriers of the 
Navy below 12 until the Quadrennial Defense Review is submitted 
to Congress; and prohibits the Department of the Navy from 
changing command relationships to give Fleet Forces Command 
administrative and operational control of the Pacific Fleet.
      The conferees agree to delete language, as proposed by 
the Senate, which includes sense of the Senate language 
concerning the domestic manufacturing capability to produce 
silicon carbide powders for use in the production of ceramic 
armor plates for armored vehicles, personal body armor systems, 
and other armor needs.
      The conferees agree to delete language, as proposed by 
the Senate, which includes sense of the Senate language 
concerning the procurement of Rapid Wall Breaching Kits for use 
in Operation Iraqi Freedom and Operation Enduring Freedom.
      The conferees agree to delete language, as proposed by 
the Senate, which includes sense of the Senate language to 
increase the amount of funds available for ``Operation and 
Maintenance, Army Reserve'' for tuition assistance programs. 
The conferees recommend an additional $5,000,000 for 
``Operation and Maintenance, Army Reserve'' for tuition 
assistance programs, and address this issue in the Statement of 
Managers.
      The conferees agree to delete language, as proposed by 
the Senate, which includes sense of the Senate language to make 
funds available from within ``Defense Health Program'' for 
Vaccine Health Care Centers.
      The conferees agree to delete language, as proposed by 
the Senate, which includes sense of the Senate language 
concerning Warlock and other field jamming systems, and address 
this elsewhere in the Statement of the Managers.
      The conferees agree to retain and amend section 1026, as 
proposed by the Senate, which changes the application of 
section 411h of title 37 U.S.C. to provide through September 
30, 2005 for one roundtrip to family members of seriously ill 
or injured military personnel hospitalized in a medical 
facility in or outside the United States, and family members of 
service members receiving treatment for injuries incurred in a 
combat area in a medical treatment facility in the United 
States; provides for funding from the services' operation and 
maintenance accounts; and requires the Secretary of Defense to 
report to the congressional defense committees on travel in any 
fiscal year that exceeds $20,000,000.
      The conferees agree to retain section 1027, as proposed 
by the Senate, which prohibits the use of funds in this Act for 
termination of the existing joint service multiyear procurement 
contract for 
C/KC-130J aircraft.
      The conferees agree to delete language, as proposed by 
the Senate, which provides for the procurement of Up-Armored 
High Mobility Multipurpose Wheeled Vehicles (HMMWVs), and 
address this in the Statement of the Managers.
      The conferees agree to delete language, as proposed by 
the Senate, which includes sense of the Senate language to 
amend section 1079 of title 10, in order to increase the period 
of TRICARE coverage for children of servicemembers who die 
while on active duty.
      The conferees agree to delete language, as proposed by 
the Senate, which includes sense of the Senate language 
concerning the continuing development of the permanent magnet 
motor, and address this elsewhere in the Statement of the 
Managers.
      The conferees agree to delete language, as proposed by 
the Senate, which includes sense of the Senate language 
concerning the Man-Portable Air Defense (MANPAD) systems.
      The conferees agree to delete language, as proposed by 
the Senate, which includes sense of the Senate language that 
funds should be made available for the replenishment of medical 
supply and equipment needs of the Army, and address this in the 
Statement of the Managers.
      The conferees agree to include a new section 1028, which 
prohibits funds in this Act to be used to revoke Purple Heart 
commendations awarded to members of the Armed Forces who have 
served in Operation Iraqi Freedom or Operation Enduring 
Freedom.
      The conferees agree to include a new section 1029, which 
transfers $2,000,000 from ``Aircraft Procurement, Army'' to 
``Research, Development, Test and Evaluation, Army'' for the 
Virtual Training Cockpit Optimization Program.
      The conferees agree to retain and amend section 1030, as 
proposed by the House, which makes certain technical 
adjustments and directs the transfer of funds for the purpose 
of ensuring proper budget execution for critical force 
protection items previously funded.
      The conferees agree to retain section 1031, as proposed 
by the Senate, which prohibits funds to be obligated to subject 
any person in custody or under the control of the United States 
to torture or cruel, inhuman, or degrading treatment or 
punishment.
      The conferees agree to retain section 1032, as proposed 
by the Senate, which amends title 38, to provide a traumatic 
injury protection rider to servicemembers insured through the 
Servicemembers' Group Life Insurance (SGLI) under section 
1967(a)(1) of title 38.
      The conferees agree to include a new section 1033, which 
rescinds $50,000,000 from the ``Iraq Freedom Fund''.
      The conferees agree to include a new section 1034, making 
technical corrections to Public Law 108-287 making available 
existing funds to the Paralyzed Veterans of America (PVA) 
Outdoor Sports Heritage Fund.
      The conferees agree to a new section 1035 which provides 
an additional appropriation for ``Research, Development, Test 
and Evaluation, Defense-Wide'', and provides authority for 
certain specified activities.
      Sec. 1036. The conference agreement includes a provision 
proposed by the Senate (Sec. 1129) to require a report on the 
re-use and redevelopment of military installations closed or 
realigned as part of BRAC 2005. The House bill contained no 
similar provision.
      Sec. 1037. The conference agreement includes a provision 
proposed by the Senate (Sec. 6055) to release to the State of 
Arkansas a reversionary interest in Camp Joseph T. Robinson. 
The House bill contained no similar provision.
      The conference agreement does not include a sense of the 
Senate provision (Sec. 1137) on funding for the Vaccine Health 
Care Centers. The House bill contained no similar provision.
      The conference agreement does not include a sense of the 
Senate provision (Sec. 1142) on TRICARE coverage of children. 
The House bill contained no similar provision.
      The conference agreement does not include a Senate 
amendment to permit eleven employees of the Executive Office of 
the President to use official government vehicles for commuting 
between their homes and offices.
      The conference agreement does not include a Senate 
amendment regarding federal employee pay while in active 
service of the National Guard.

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

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service

                     PUBLIC LAW 480 TITLE II GRANTS

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

                               CHAPTER 2

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    DIPLOMATIC AND CONSULAR PROGRAMS

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

            Embassy Security, Construction, and Maintenance

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

                      International Organizations

        Contributions for International Peacekeeping Activities

                     (INCLUDING TRANSFER OF FUNDS)

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

                             Related Agency

                    Broadcasting Board of Governors

                 International Broadcasting Operations

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

                   Broadcasting Capital Improvements

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

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

              INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

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

                         TRANSITION INITIATIVES

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

   OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
                              DEVELOPMENT

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

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

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

                  OTHER BILATERAL ECONOMIC ASSISTANCE

                         ECONOMIC SUPPORT FUND

      The conference agreement provides $1,433,600,000 for the 
``Economic Support Fund'', instead of $1,058,200,000 as 
proposed by the House and $1,636,300,000 as proposed by the 
Senate. These funds would remain available until September 30, 
2006.
      The conference agreement includes $1,086,600,000 for 
Afghanistan, $200,000,000 for assistance to Palestinians, of 
which $50,000,000 should be for assistance for Israel to help 
ease the movement of Palestinian people and goods in and out of 
Israel, $20,000,000 for Haiti, $5,000,000 for Lebanon, 
$100,000,000 for Jordan, and $22,000,000 for Sudan.
      The conference agreement provides $1,086,600,000 for 
Afghanistan under this heading, instead of $739,200,000 as 
proposed by the House and $1,309,300,000 as proposed by the 
Senate. The conference agreement assumes full funding for 
health programs and provincial reconstruction team expenses and 
support. The conferees direct the Department of State to 
consult with the Committees on Appropriations prior to the 
obligation of funds.
      The conferees reiterate their firm commitment to the long 
term development of Afghanistan and note that the fiscal year 
2006 budget request for that country contains an additional 
$920,000,000 from all accounts.
      The conference agreement does not include Senate language 
recommending $5,000,000 for Afghan women's organizations. 
However, the conferees believe that USAID needs to be more 
proactive in assisting women-led nongovernmental organizations 
in Afghanistan, particularly those that defend women's rights 
and support women's efforts to participate in the political 
process. The conferees recommend that $5,000,000 be made 
available to strengthen the capacity of these organizations.
      The conference agreement includes language similar to a 
Senate amendment that provides $5,000,000 for assistance for 
displaced persons in Afghanistan. The conferees intend that 
these funds be used to address the needs of displaced Afghans, 
but that none of these funds are to be used to support a 
satellite city housing project. The conferees request to be 
consulted prior to the obligation of these funds.
      The conference agreement does not include a reporting 
requirement on Afghan security forces training, as proposed by 
the Senate in section 2108. However, the conferees direct the 
Department of State to submit such a report to the Committees 
on Appropriations no later than 90 days after enactment of this 
Act.
      The conference agreement includes $22,000,000 to support 
emergency needs in the implementation of the Comprehensive 
Peace Agreement in southern Sudan. These needs include the 
development of southern governmental institutions and support 
for the commissions established in the North-South peace 
accords.
      The conferees recognize the importance of adequate health 
care for Palestinian women and children and recommend 
$3,500,000 to support the activities of the Holy Family 
Hospital in Bethlehem and $2,000,000 to support the healthcare 
activities of Hadassah, the Women's Zionist Organization of 
America.
      The conferees agree that the budget request and the 
recommendation contained in this Act do not provide specific 
direct financial support for the Palestinian Authority.
      The conferees reiterate that the conditions and 
restrictions on assistance for the West Bank, Gaza, and 
Palestinian Authority contained in the General Provisions 
section of division D of Public Law 108-447 apply to assistance 
for the West Bank and Gaza recommended under this heading, as 
well as the separate account requirement contained in section 
529 of that law. The conferees further agree that the waiver 
detailed in Presidentialdetermination 2005-10 shall not be 
extended to funds appropriated under this Chapter.
      The conference agreement includes a provision providing 
$50,000,000 for assistance for Israel to help improve the 
movement of people and goods in and out of Israel, as proposed 
by the Senate. The conferees are aware that infrastructure will 
be needed on both the Palestinian and Israeli sides of the 
separation lines and intend that these funds be used to meet 
the great need in developing this infrastructure. The resulting 
flow of goods and people should greatly improve the economic 
well-being of the Palestinian people while building the revenue 
base of the Palestinian Authority.
      The $200,000,000 provided in this account shall only be 
allocated as requested and detailed in the following table. The 
Administration may reallocate, only within the projects listed 
here, up to 10 percent of any of the following allocations, 
except that the total for the allocation receiving such funds 
may not be increased by more than 20 percent. Any reallocations 
shall be subject to prior consultations with the Committees on 
Appropriations.

                        [In thousands of dollars]

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

    ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION

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

    Assistance for the Independent States of the Former Soviet Union

                        [In thousands of dollars]

Ukraine.......................................................   $60,000
North Caucasus................................................     5,000
Belarus.......................................................     5,000
                    --------------------------------------------------------------
                    ____________________________________________________

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

                          Department of State

          INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

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

                    MIGRATION AND REFUGEE ASSISTANCE

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

    NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

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

                  FUNDS APPROPRIATED TO THE PRESIDENT

                       OTHER BILATERAL ASSISTANCE

                   GLOBAL WAR ON TERROR PARTNERS FUND

                     (INCLUDING TRANSFER OF FUNDS)

      The conference agreement does not include funding for the 
Global War on Terror Partners Fund. The House did not recommend 
funding for this account, and the Senate proposed $25,500,000. 
Funding for the purposes of the Solidarity Initiative is 
addressed under ``Peacekeeping Operations''.

                          Military Assistance

                  Funds Appropriated to the President

                   FOREIGN MILITARY FINANCING PROGRAM

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

                        PEACEKEEPING OPERATIONS

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

                    GENERAL PROVISIONS--THIS CHAPTER

      Sec. 2101. The conference agreement includes a general 
provision proposed by the Senate, and similar to that proposed 
by the House, that amends section 307(a) of the Foreign 
Assistance Act of 1961 by striking ``Iraq'' from the list of 
countries for which the United States would otherwise be 
required to withhold voluntary contributions.
      Sec. 2102. The conference agreement includes a general 
provision as proposed by the House and Senate that rescinds 
previously appropriated funds for Turkey in P.L. 108-11. The 
conferees intend that any costs associated with the rescission 
of funds, and termination of planned programs, may be funded 
from within the subject unexpended balances.
      Sec. 2103. The conference agreement includes a general 
provision proposed by the House bill, regarding audit 
requirements for U.S. bilateral assistance made available under 
``Economic Support Fund'' for assistance for the West Bank and 
Gaza and assistance for the Palestinian Authority.
      Sec. 2104. The conference agreement includes a general 
provision proposed by the House that establishes financial 
reporting requirements for funds appropriated in this chapter 
prior to their obligation. The purpose of the financial plan is 
to ensure that the Committees on Appropriations have a complete 
and detailed understanding of how agencies intend to use the 
resources provided in this chapter. The provision allows 15 
percent of funds to be obligated prior to the submission of the 
financial report, which is due 30 days after enactment. This 
restriction on new obligations does not apply to funds used to 
reimburse accounts for obligations made prior to enactment.
      Sec. 2105. The conference agreement includes a general 
provision, as proposed by the House, that establishes certain 
auditing requirements for counternarcotics and alternative 
development funding in fiscal year 2005 in Afghanistan.
      Sec. 2106. The conference agreement includes a provision, 
similar to that proposed by the House and Senate, regarding a 
reporting requirement regarding the Palestinian Authority, and 
provides that up to $5,000,000 from funds provided for the West 
Bank and Gaza may be used for an independent audit of 
Palestinian Authority expenditures and accounting procedures.
      Sec. 2107. The conference agreement includes a provision 
allowing certain amounts in the fiscal year 2005 State 
Department Appropriations Act to be subject to certain 
reprogramming requirements, as proposed by the Senate.
      Sec. 2108. The conference agreement includes a general 
provision similar to that proposed by the Senate, which 
earmarks $20,000,000 provided in Public Law 108-106 under the 
heading ``Iraq Relief and Reconstruction Fund'' for assistance 
for families and communities of innocent Iraqi victims of the 
military operations. This assistance is designated as the 
``Marla Ruzicka Iraqi War Victims Fund'', in memory of Marla 
Ruzicka who on April 16, 2005, died at the age of 28 in a car 
bomb attack in Baghdad. Marla Ruzicka inspired the creation of 
this program and a similar program in Afghanistan.
      Sec. 2109. The conference agreement includes a general 
provision, as proposed by the Senate, that makes a technical 
change to the Millennium Challenge Authorization Act, 2003.
      Sec. 2110. The conference agreement includes a provision, 
similar to that proposed by the House, requiring that 
recipients of United States emergency humanitarian assistance 
establish a code of conduct consistent with internationally 
accepted principles established to protect victims of disasters 
from exploitation.
      Sec. 2111. The conference agreement includes a new 
provision requiring that funds in the following accounts be 
allocated as indicated in the statement of managers 
accompanying this Act: ``Economic Support Fund'' and 
``Assistance for the Independent States of the Former Soviet 
Union''. Any change to these allocations is subject to the 
regular notification procedures of the Committees on 
Appropriations.
      The conference agreement does not include Senate sections 
2104, 2107, 2108, and 2111.

        TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON TERROR

                               CHAPTER 1

                          DEPARTMENT OF ENERGY

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                    DEFENSE NUCLEAR NONPROLIFERATION

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

                               CHAPTER 2

                    DEPARTMENT OF HOMELAND SECURITY

                     CUSTOMS AND BORDER PROTECTION

                         SALARIES AND EXPENSES

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

                              CONSTRUCTION

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

                  IMMIGRATION AND CUSTOMS ENFORCEMENT

                         SALARIES AND EXPENSES

      The conferees provide a total of $454,250,000 for 
Immigration and Customs Enforcement, Salaries and Expenses, as 
opposed to $276,000,000 proposed by the Senate and no funding 
as proposed by the House. Of these funds, $349,050,000 is 
designated as an emergency requirement. Of this amount, 
$93,050,000 is made available to fund an additional 50 criminal 
investigator positions, 168 Immigration Enforcement Agents and 
Deportation Officers, and 1,950 additional detention beds; and 
not less than $11,000,000 is made available to immediately lift 
the hiring freeze. The conferees do not provide the 
$389,613,000 in non-emergency funding that was proposed by the 
Senate.
      The conferees endorse the views expressed in the Senate 
Committee report (Senate Report 109-152), and direct 
Immigration and Customs Enforcement (ICE) to realign its 
Detention and Removal Operation Program, by program, project, 
and activity, as set forth on pages 51 and 52 of that report. 
The conferees also direct ICE to make available additional user 
fees as set forth on page 52 of that report. Because the 
conferees have included funds above the realigned amounts 
referenced above, in lieu of the Senate reporting requirement, 
the conferees direct the Secretary to submit a detailed report 
by June 15, 2005, to the Committees on Appropriations on the 
Department's plan for an expeditious implementation of the 
hiring and spending authorized in this Act, showing the on-
board level of FTEs for each individual office by location; the 
number of vacant FTEs; and the new hires planned by week for 
each office beginning the week after enactment of this Act 
through September 30, 2005.
      The conferees are aware that ICE has been unable to 
obligate for fiscal year 2005 enhancements and initiatives due 
to the uncertainty of its financial condition and its pending 
reprogramming. The conferees wish to ensure that these programs 
are initiated in an orderly way, that requisite funds do not 
lapse, and that continuity of funding is assured. Therefore, 
within the total amounts provided, the conferees include 
$85,200,000, offset by a rescission, and direct the Department 
to include funding required to annualize and continue 
activities supported with these funds in its fiscal year 2007 
budget.

                       United States Coast Guard

                           OPERATING EXPENSES

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

              ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

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

                Federal Law Enforcement Training Center

                         SALARIES AND EXPENSES

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

     ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

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

                               CHAPTER 3

                         DEPARTMENT OF JUSTICE

                         General Administration

                           DETENTION TRUSTEE

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

                            Legal Activities

                         ASSET FORFEITURE FUND

                              (RESCISSION)

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

                     United States Marshals Service

                         SALARIES AND EXPENSES

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

                    Federal Bureau of Investigation

                         SALARIES AND EXPENSES

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

                    Drug Enforcement Administration

                         SALARIES AND EXPENSES

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

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         SALARIES AND EXPENSES

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

                               CHAPTER 4

                           LEGISLATIVE BRANCH

                        House of Representatives

      PAYMENT TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF CONGRESS

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

                         SALARIES AND EXPENSES

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

                       ADMINISTRATIVE PROVISIONS

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

                             CAPITOL POLICE

                            GENERAL EXPENSES

      The conference agreement provides an additional amount of 
$11,000,000 for General Expenses, Capitol Police. This includes 
$2,600,000 for technical counter measures during the 
construction of the Capitol Visitor Center. The conferees 
direct the Capitol Police to purchase the necessary equipment 
for the Security Services Bureau with available unobligated 
balances. In addition, $8,400,000 is provided for the purchase 
of escape hoods for the Capitol Complex. The conference 
agreement does not provide funding for radio system repairs and 
security infrastructure for the Fairchild Building, as proposed 
by the Senate. The Capitol Police are directed to fund these 
items with available unobligated balances.

                        Architect of the Capitol

                            CAPITOL GROUNDS

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

                  CAPITOL POLICE BUILDINGS AND GROUNDS

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

                 TITLE IV--INDIAN OCEAN TSUNAMI RELIEF

                               CHAPTER 1

                  Funds Appropriated to the President

                       OTHER BILATERAL ASSISTANCE

                TSUNAMI RECOVERY AND RECONSTRUCTION FUND

                     (INCLUDING TRANSFERS OF FUNDS)

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

                    GENERAL PROVISIONS--THIS CHAPTER

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

                               CHAPTER 2

                    DEPARTMENT OF DEFENSE--MILITARY

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


                               CHAPTER 3

                    DEPARTMENT OF HOMELAND SECURITY

                       United States Coast Guard

                           OPERATING EXPENSES

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

                               CHAPTER 4

                       DEPARTMENT OF THE INTERIOR

                    United States Geological Survey

                 SURVEYS, INVESTIGATIONS, AND RESEARCH

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

                               CHAPTER 5

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration

                  OPERATIONS, RESEARCH, AND FACILITIES

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

               PROCUREMENT, ACQUISITION AND CONSTRUCTION

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

                TITLE V--OTHER EMERGENCY APPROPRIATIONS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary

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

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

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

 Natural Resources Conservation Service Emergency Watershed Protection 
                                Program

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

                    GENERAL PROVISIONS, THIS CHAPTER

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

                               CHAPTER 2

                       DEPARTMENT OF THE INTERIOR

                        Departmental Management

                         SALARIES AND EXPENSES

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

                             RELATED AGENCY

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                  Capital Improvement And Maintenance

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

                               CHAPTER 3

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary

            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

                    (INCLUDING RESCISSIONS OF FUNDS)

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

                             RELATED AGENCY

               Institute for Museum and Library Services

    OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND ADMINISTRATION

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

                               CHAPTER 4

                             THE JUDICIARY

     Courts of Appeals District Courts and Other Judicial Services

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

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

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs

                 HOUSING FOR PERSONS WITH DISABILITIES

                    (INCLUDING RESCISSION OF FUNDS)

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

             Office of Federal Housing Enterprise Oversight

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

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

                    GENERAL PROVISION, THIS CHAPTER

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

         TITLE VI--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS

      Sec. 6001. The conference agreement includes a provision 
concerning the availability of funds, as proposed by both the 
House and the Senate.
      Sec. 6002. The conference agreement includes a provision 
clarifying the application of designations within this Act 
pursuant to section 402 of the conference report to accompany 
S. Con. Res. 95 (108th Congress).
      Sec. 6003. The conference agreement includes language 
regarding Department of Agriculture business and industry 
loans, as proposed by the Senate. The language directs that 
such assistance may not be denied due to the failure of the 
Secretary of Labor to certify the assistance within the 
timeframe specified in the authorization.
      Sec. 6004. The conference agreement includes a provision 
related to the McClellan-Kerr Arkansas River navigation project 
that corrects a citation to a public law under the heading 
``Operation and Maintenance'' in title I of division C of 
Public Law 108-447.
      Sec. 6005. The conference agreement includes a technical 
correction to a provision in title I of division C of Public 
Law 108-447 relating to credits and reimbursements and per 
state limitations on environmental infrastructure programs.
      Sec. 6006. The conference agreement includes a provision 
increasing the project cost estimate for the DeSoto County, 
Mississippi, project described in Section 219(f)(30) of (106 
Stat. 4835; 106 Stat. 3737; 113 Stat. 334), and allowing the 
Secretary to reimburse the non-Federal sponsor for incurred 
costs.
      Sec. 6007. The conference agreement includes a provision 
to increase the project cost estimate for the Fort Peck Fish 
Hatchery project in Montana, as described in Section 
325(f)(1)(A) of Public Law 106-541, to allow for the 
expenditure of funds appropriated by Congress for fiscal year 
2005.
      Sec. 6008. The conference agreement includes a provision 
relating to the authorized project cost and the non-federal 
reimbursement regarding the SR-1 Bridge in Delaware.
      Sec. 6009. The conference agreement includes a provision 
relating to valuation of fabrication ports when analyzing 
economic benefits for navigation projects.
      Sec. 6010. The conference agreement includes a provision 
relating to Environmental Infrastructure projects.
      Sec. 6011. The conference agreement includes a provision 
relating to the authorization of the Indiana Harbor and Canal, 
Confined Disposal Facility, Indiana. The operation and 
maintenance of the completed project shall remain a local 
responsibility, consistent with the existing Project 
Cooperation Agreement.
      Sec. 6012. The conference agreement includes a provision 
relating to the mitigation credit for the Big Cypress Seminole 
Reservation Water Conservation Plan Project in Florida.
      Sec. 6013. The conference agreement includes a provision 
making a technical correction relating to the San Gabriel Basin 
Restoration Fund in Title II of division C of Public Law 108-
447 relating to the deposition of a previous appropriation in 
the San Gabriel Basin Restoration Fund and the authorized uses 
of the San Gabriel Basin Restoration Fund.
      Sec. 6014. The conference agreement includes a provision 
authorizing the Bureau of Reclamation to expend funds in 
meeting the terms of the Biological Opinion 2003 for the Rio 
Grande River.
      Sec. 6015. The conference agreement includes a provision 
that extends Section 8 of Public Law 104-298 (The Water 
Desalination Act of 1996) to allow for the expenditure of funds 
appropriated by Congress.
      Sec. 6016. The conference agreement includes a provision 
providing $2,000,000 for the National Center for Manufacturing 
Sciences in Michigan, and $825,000 for a research and 
development project in California to advance the state of metal 
hydride hydrogen storage using a technologically feasible and 
commercially viable approach.
      Sec. 6017. The conference agreement includes a provision 
providing, within available funds for the Office of Science, 
$2,000,000 for continuation of project DE-FG0204ER63842-
04090945, the Southeast Regional Cooling, Heating, and Power 
and Biofuel Application Center in Mississippi, $3,000,000 for 
the University of Texas Southwestern Medical Center, Dallas 
Metroplex Comprehensive Imaging Center, $500,000 for 
desalination technology at University of Nevada-Reno, $500,000 
for the Oral History of the Negotiated Settlement project at 
UNR, $4,000,000 for the Fire Sciences Academy in Elko, Nevada, 
and $2,000,000 for the upgrade of chemistry laboratories at 
Drew University, New Jersey.
      Sec. 6018. The conference agreement includes a provision 
providing $1,000,000, within available funds for Fossil Energy 
Research and Development, for remediation of natural gas leaks 
in the Borough of Versailles, Pennsylvania.
      Sec. 6019. The conference agreement includes a provision 
making a technical correction to allow for the transfer of 
$10,000,000 to carry out the purpose of section 3147 of the 
Ronald W. Reagan National Defense Authorization Act for Fiscal 
Year 2005, Public Law 108-375, regarding the Pajarito Plateau 
Homesteader claims, and a provision relating to cybersecurity 
at DOE laboratories.
      Sec. 6020. The conference agreement includes a provision 
allowing the transfer of funds from the Defense Site 
Acceleration Completion account to ensure that projects within 
Defense Environmental Services are funded without unduly 
impacting mission activities and statutory requirements, and 
provides $2,000,000, from within available funds, for the 
Tularosa Basin Desalination facility.
      Sec. 6021. The conference agreement includes a provision 
allowing the transfer of up to $4,000,000 from Defense Site 
Acceleration Completion to Weapons Activities to carry out 
environmental cleanup of lands transferred from Los Alamos 
National Laboratory.
      Sec. 6022. The conference agreement includes a provision 
to clarify Department of Energy small business contracting 
requirements.
      Sec. 6023. The conference agreement includes a provision 
making technical corrections regarding nuclear waste disposal 
in Title III of division C of Public Law 108-447.
      Sec. 6024. The conference agreement modifies a Senate 
provision related to the ``Department of Homeland Security 
Working Capital Fund''. The conferees are displeased with the 
Department's use of the Working Capital Fund (WCF). The 
Department of Homeland Security has not complied with the 
requirements of the fiscal year 2005 Appropriations Act or the 
statement of managers accompanying the conference report with 
respect to the WCF. The Department has used the WCF for 
projects and activities about which Congress has not been 
informed, or for which Congress has not provided 
appropriations. While the WCF can be a useful management tool, 
it will only exist if the rules detailed in the annual 
appropriations acts and reports are strictly adhered to. The 
Department must comply with statutory reprogramming 
notification requirements, regardless of the source of funds, 
and notify the House and Senate Appropriations Committees prior 
to initiating a new project, whether it is run through the WCF, 
reimbursable agreements, the Economy Act, or within any single 
component of the Department.
      The conferees understand that the Operation Integration 
Staff (I-Staff) has been removed from the WCF, but that funds 
have been obligated for this purpose in fiscal year 2005. In 
the past, the Committees objected to the use of the WCF for the 
I-Staff. The conferees direct a full and complete reporting, 
within 15 days of enactment of this Act, of all funds obligated 
in fiscal years 2004 and 2005 for the I-Staff, including 
funding sources, the number and source of all detailees, and a 
description and explanation of all travel and contracts. The 
conferees also understand that the Homeland Secure Data Network 
(HSDN) has been funded through the WCF. This program is further 
addressed in this statement of managers. No further obligations 
for the I-Staff and HSDN shall occur unless an official 
reprogramming notification is provided to and approved by the 
House and Senate Appropriations Committees.
      Sec. 6025. The conference agreement includes a new 
general provision requiring annual appropriations 
justifications for the WCF, and requiring that justifications 
for each component of the Department carry explicit information 
about WCF charges, reimbursable agreements, and uses of the 
Economy Act.
      Sec. 6026. The conference agreement includes and modifies 
a provision, as proposed by the Senate, related to the Chief 
Information Officer (CIO). The conferees withhold from 
obligation $5,000,000 of the CIO's salaries and expenses until 
the CIO submits an expenditure plan for information technology 
projects funded by the CIO or funded through the use of 
reimbursable agreements.
      The conferees remind the Department of Homeland Security 
that it is failing to abide by the statutory requirements for 
the reprogramming and transfer of funds, and the initiation of 
new programs, projects or activities. Pursuant to law, advanced 
notification to the House and Senate Appropriations Committees 
is required prior to the CIO initiating any new information 
technology project. The conferees direct the CIO to submit a 
list of every project underway or planned for fiscal year 2005; 
a complete list of all legacy systems in operation as of March 
1, 2003; the operating status of those systems; and plans for 
continued operation or termination of each system. The 
conferees direct the CIO to submit an expenditure plan for all 
on-going or planned projects, to include but not be limited to: 
total project costs, key milestones, obligations to date, 
contracts entered into, and a list of all funding sources 
specifying the exact dollar amount.
      In addition, the conferees direct the Department to 
submit a report detailing all reimbursable agreements between 
the CIO's office and other departmental organizations in effect 
or planned for fiscal year 2005, as well as all of those 
anticipated for fiscal year 2006.
      The CIO is directed to submit to the House and Senate 
Appropriations Committees an analysis demonstrating that the 
Homeland Secure Data Network (HSDN) is more cost effective than 
other alternatives that were considered prior to the initiation 
of the project. The report on the HSDN should accompany the 
expenditure plan required by this Act. The conferees have no 
bias towards development of the HSDN, but are extremely 
concerned by the lack of any presentation on the need for this 
project in the fiscal year 2004 or 2005 appropriations 
justifications. The conferees note, for example, that the 
contract for the development and implementation of the HSDN was 
awarded on April 12, 2004, yet the fiscal year 2004 project 
plans for the CIO's office were submitted April 20, 2004, with 
no mention of the HSDN project.
      Sec. 6027. The conference agreement includes a provision 
rescinding funds appropriated by Public Law 108-334.
      Sec. 6028. The conference agreement includes a provision 
rescinding unobligated balances in the ``Department of Homeland 
Security Working Capital Fund.''
      Sec. 6029. The conference agreement includes a 
legislative provision, as proposed by the Senate, that requires 
all Department of Homeland Security funding contained in this 
supplemental Act to be subject to the reprogramming and 
transfer guidelines outlined in Public Law 108-334.
      Sec. 6030. The conference agreement includes a technical 
correction to the fiscal year 2005 appropriations Act, as 
proposed by the House and the Senate, dealing with a land 
transfer by the Bureau of Land Management.
      Sec. 6031. The conference agreement includes a transfer 
of funds in the Forest Service from the capital improvement and 
maintenance account to the State and private forestry account, 
as proposed by the Senate. This is a technical correction to 
the fiscal year 2005 appropriations Act.
      Sec. 6032. The conference agreement includes a provision, 
as proposed by the Senate, permitting the National Park Service 
to use appropriated funds for the construction, operation, and 
maintenance of an expansion to the West Yellowstone Visitor 
Information Center at Yellowstone National Park in Montana.
      Sec. 6033. The conference agreement includes a limitation 
on the use of funds, as proposed by the Senate, specifying that 
none of the funds in this or any other appropriations Act may 
be used by the Environmental Protection Agency or any other 
Federal agency to develop, promulgate, or publish a pesticides 
tolerance fee rulemaking.
      Sec. 6034. The conference agreement modifies a provision, 
proposed by the Senate, dealing with oil and gas mineral 
activities at Gulf Islands National Seashore in Mississippi. 
The modification clarifies the specific lands upon which 
certain activities are authorized and makes other technical 
changes to the language.
      Sec. 6035. The conference agreement includes a provision, 
proposed by the Senate, extending the authorization for section 
402(b) of the Surface Mining Control and Reclamation Act of 
1977 through September 30, 2005.
      Sec. 6036. The conference agreement includes the 
Reaffirmation of State Regulation of Resident and Nonresident 
Hunting and Fishing Act of 2005 as proposed by the Senate.
      Sec. 6037, Sec. 6038, and Sec. 6039. The conference 
agreement includes several technical corrections to State and 
Tribal Assistance Grants projects in the Environmental 
Protection Agency.

                           TRANSFER AUTHORITY

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

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

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

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

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

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

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

    CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR GRANT REVIEWS

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

        MEDICARE HEALTH CARE INFRASTRUCTURE IMPROVEMENT PROGRAM

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

              APPLICATION PROCESSING AND ENFORCEMENT FEES

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

                 TECHNICAL CORRECTION--HIGHER EDUCATION

                    (INCLUDING RESCISSION OF FUNDS)

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

                         DETROIT LABOR BUILDING

      The conference agreement deletes without prejudice a 
provision proposed by the Senate to transfer the full title on 
the Detroit Labor Building to the State of Michigan. The 
conferees understand this provision is not necessary to 
complete the sale of the building. The House bill contained no 
similar provision.
      Sec. 6048. The Conference agreement includes language 
which authorizes using royalty fees and payments for the 
Library of Congress, Copyright Office, Copyright Royalty Judges 
program.
      Sec. 6049 makes a technical correction to Public Law 107-
68, regarding the Capitol Visitor Center.
      Sec. 6050 makes a technical correction to Public Law 108-
7, regarding Senate accounts.
      Sec. 6051. The conference agreement includes a provision 
making technical corrections regarding NOAA appropriations.
      Sec. 6052. The conference agreement includes a provision 
making technical corrections regarding NOAA appropriations.
      Sec. 6053. The conference agreement includes a provision 
making technical corrections regarding NOAA appropriations.
      Sec. 6054. The conference agreement includes a provision, 
as proposed by the House, making a technical correction for the 
purpose of a grant.
      Sec. 6055. The conference agreement includes a provision, 
as proposed by the House, making a technical correction to the 
name of a grant recipient.
      Sec. 6056. The conference agreement includes a provision, 
as proposed by the House, making two technical corrections to a 
grant recipient.
      Sec. 6057. The conference agreement includes a new 
provision making two technical corrections to the name of a 
grant recipient.
      Sec. 6058. The conference agreement includes a provision, 
modified from the Senate bill, providing a technical correction 
to the bankruptcy fee collection authorities.
      Sec. 6059. The conference agreement includes a provision 
regarding a Department of Commerce activity.
      Sec. 6060. The conference agreement includes a provision 
making a technical correction regarding the 9/11 Heroes Medal 
of Valor.
      Sec. 6061. The conference agreement includes a provision 
making technical corrections to grants under the heading 
``Capital Investment Grants'' in P.L. 108-447, as proposed by 
the Senate.
      Sec. 6062. The conference agreement includes a new 
provision that modifies a project in Massachusetts contained in 
P.L. 105-178.
      Sec. 6063. The conference agreement includes a technical 
correction to P. L. 108-447 with regard to the Oklahoma City 
urbanized area, as proposed by the House.
      Sec. 6064. The conference agreement includes a new 
provision that authorizes the Secretary of Transportation to 
access overflight fees beyond the authorized level of 
$50,000,000 for the purpose of maintaining existing services 
under the essential air service program. Should the total 
amount of overflight fees collected not be sufficient to meet 
all the funding needs of the program in this fiscal year, then 
the Secretary is authorized to transfer funds from the 
available balances of any program appropriated to, or directly 
administered by, the Office of the Secretary to the essential 
air service program. The Conferees expect the Office of the 
Secretary to consult with the Committees on Appropriations of 
the Senate and of the House of Representatives if such a 
transfer is necessary and identify the source of the funds of 
said transfer subject to normal reprogramming guidelines.
      Sec. 6065. The conference agreement includes a new 
provision that reiterates the application of current law 
regarding U.S. cargo preference requirements to assistance 
provided in this Act.
      Sec. 6066. The conference agreement includes a provision 
making technical corrections to certain judiciary fees, as 
proposed by both the House and the Senate.
      Sec. 6067. The conference agreement includes a provision 
that corrects the amount provided in P.L. 108-447 for the Las 
Cruces United States Courthouse to read $60,600,000 instead of 
$60,000,000, as proposed by the Senate.
      Sec. 6068. The conference agreement includes a provision 
that corrects a citation in P.L. 108-447 to read 
``572(a)(2)(A)(ii)'', as proposed by the Senate.
      Sec. 6069. The conference agreement includes a provision 
making technical corrections to three grants under the heading 
``Community Development Fund'' in P.L. 108-447.
      Sec. 6070. The conference agreement includes a provision 
making technical corrections to two grants under the heading 
``Community Development Fund'' in P.L. 108-7.
      Sec. 6071. The conference agreement includes a provision 
making technical corrections to eight grants under the heading 
``Community Development Fund'' in P.L. 108-199.
      Sec. 6072. The conference agreement includes a provision 
making technical corrections to seven grants under the heading 
``Community Development Fund'' in P.L. 108-447.
      Sec. 6073. The conference agreement includes a technical 
correction to Section 222 of Title II, Division I of P.L. 108-
447, as proposed by the Senate.
      Sec. 6074. The conference agreement includes a new 
provision that raises the ceiling on the number of Home Equity 
Conversion Mortgages that FHA may insure from 150,000 to 
250,000.
      Sec. 6075. The conference agreement includes a new 
provision that permits HUD to use 2005 appropriations to run 
Public Housing Authorities that are placed under Federal 
receivership in 2005.
      Sec. 6076. The conference agreement includes a provision 
that prohibits executive branch agencies from creating 
prepackaged news stories that are broadcast or distributed in 
the United States unless the story includes a clear 
notification within the text or audio of that news story that 
the prepackaged news story was prepared or funded by that 
executive branch agency. This provision confirms the opinion of 
the Government Accountability Office dated February 17, 2005 
(B-304272).
      Sec. 6077. The conference agreement includes a provision 
amending the use of District of Columbia local funds, as 
proposed by both the House and the Senate.
      Sec 6078. The conference agreement includes a provision 
proposed by the House (Sec. 5012) to amend section 114 of title 
I of division I of Public Law 108-447 to restrict the use of 
funds for medical preparedness centers by the Department of 
Veterans Affairs. The Senate bill contained no similar 
provision.
      Sec. 6079. The conference agreement includes a provision 
proposed by the House (Sec. 5013) to amend section 117 of title 
I of division I of Public Law 108-447 to allow for the direct 
deposit of funds into the two construction accounts of the 
Department of Veterans Affairs. The Senate bill contained no 
similar provision.
      Sec. 6080. The conference agreement includes a modified 
provision proposed by the House (Sec. 5014) to make certain 
funds available without fiscal year limitation. The Senate bill 
contained no similar provision.
      Sec. 6081. The conference agreement includes a provision 
proposed by the Senate (Sec. 1128) to amend Public Law 108-422, 
adding to the definition in the law concerning ``medical 
center.'' The House bill contained no similar provision. The 
conferees are cognizant of the concerns of the Department of 
Veterans Affairs. As such, the conferees direct the Department 
to report to the Committees on Appropriations of the House and 
Senate any significant cost and schedule implications at the 
affected locations. If such implications are significant, the 
Committees may address these issues in the fiscal year 2006 
regular appropriations bill.
      The conferees note that the Government Accountability 
Office is required by statute to report to Congress on the 
expenditures of independent counsels' offices every six months. 
These reports are submitted to the House and Senate 
Appropriations Committees, the House and Senate Judiciary 
Committees and the House Government Reform Committee and the 
Senate Homeland Security and Governmental Affairs Committee. 
The conferees expect this reporting to continue for all ongoing 
independent counsel activities.
      The conference agreement does not include language 
proposed as Senate Section 6047 expressing the Sense of the 
Senate regarding timely enactment of appropriations for the 
United States Armed Forces. The House did not include similar 
language.

                   Conference Total--With Comparisons

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

                        [In thousands of dollars]

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

                    DIVISION B--REAL ID ACT OF 2005

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

      Section 101 of the conference agreement includes language 
modified from language proposed in section 101 of division B of 
the House bill. The Senate did not include similar language.
      Asylum Reform: As the staff of the 9/11 Commission 
determined, terrorist aliens have exploited our asylum laws to 
enter and remain in the United States.
      Aliens who pose a danger to the national security of the 
United States have been barred from receiving asylum and 
withholding of removal by regulation since 1990. In 1996, 
Congress amended the Immigration and Nationality Act (INA) to 
explicitly bar aliens who are inadmissible or deportable under 
terrorism provisions from receiving asylum and withholding. 
Despite these bars to dangerous aliens receiving asylum, 
however, the 9/11 Terrorist Travel monograph notes that ``[a] 
number of terrorists [have] 
. . . abused the asylum system.'' Mono. at 106.
      For example, Ramzi Yousef and Ahmad Ajaj, plotters of the 
first World Trade Center bombing, ``concocted bogus political 
asylum stories when they arrived'' to remain in the United 
States in 1992. Id. at 50. Similarly, the Blind Sheikh, Sheikh 
Abdul Rahman, ``avoided being removed from the United States by 
filing an application for asylum and withholding of deportation 
to Egypt in . . . 1992.'' Id. at 55.
      In addition to these aliens whose asylum abuse was 
specifically described in the Terrorist Travel Monograph, other 
alien terrorists have abused our generous asylum laws. In 
January 1993, 11 months after he applied for asylum, Mir Aimal 
Kansi, also known as Mir Aimal Kasi, killed two CIA employees 
in front of CIA headquarters in Langley, Virginia. Camarota, 
Steven, ``The Open Door: How Militant Islamic Terrorists 
Entered and Remained in the United States, 1993-2001,'' Center 
for Immigration Studies, May 2002, at 7, www.cis.org/articles/
2002/Paper21/terrorism2.html>; see also Border Security and 
Enforcement: The 9/11 Commission Staff Report on Training for 
Border Inspectors, Document Integrity, and Defects in the U.S. 
Visa Program Before the Subcommittee on Immigration, Border 
Security and Citizenship and the Subcommittee on Terrorism, 
Technology, and Homeland Security of the Senate Judiciary 
Committee, 108th Cong., 1st Sess. (2005) (statement of Janice 
Kephart). Kansi had been a visa overstay for almost a year 
before filing that application. ``The Open Door'', at 7. Hesham 
Hedayet killed two in a shooting spree at LAX on July 4, 2002. 
Immigration and Naturalization Service's (INS's) Interactions 
with Hesham Mohamed Ali Hedayet Before the Subcommittee on 
Immigration, Border Security and Claims of the House Judiciary 
Committee, 107th Cong., 2d Sess. at 7 (statement of William 
Yates, Deputy Executive Associate Commissioner, INS) (2002). He 
entered the United States in 1992, and extended his stay by 
filing an asylum application one month before his stay ended. 
Id. His application was administratively denied, but he 
adjusted his status 17 months later after his wife won the visa 
lottery. Id. at 7-8.
      Nor did the reforms in the mid-1990s end such abuse. In 
February 1997, for example, Gazi Ibrahim Abu Mezer was released 
after entering the United States illegally and after stating 
that he would be applying for asylum. Special Report of the 
United States Department of Justice, Office of the Inspector 
General, ``Bombs in Brooklyn: How the Two Illegal Aliens 
Arrested for Plotting to Bomb the New York Subway Entered and 
Remained in the United States'' (March 1998). In April 1997, he 
filed an asylum application in which he claimed that ``the 
Israeli government continuously persecuted him.'' Id. On July 
31, 1997, Mezer was arrested in a Brooklyn apartment for 
allegedly planning to bomb the New York City subway system. Id.
      In January 1999, Somali national Nuradin Abdi was granted 
asylum. Government's Motion to Detain Defendant and Memorandum 
in Support at 4, United States v. Nuradin M. Abdi (S.D. Ohio 
2004) (No. 2:04cr88). Abdi purportedly used that status to 
apply for a travel document to facilitate an act of 
international terrorism. See Indictment, United States v. 
Nuradin M. Abdi (S.D. Ohio 2004) (No. 2:04cr88). After he 
returned to the United States, he was charged with conspiring 
to provide material support to al Qaeda, and the Justice 
Department claims ``that Abdi, along with admitted al Qaeda 
operative Iyman Ferris and other co-conspirators, initiated a 
plot to blow up a Columbus [Ohio] area shopping mall.'' Press 
Release of the United States Department of Justice, ``Ohio Man 
Indicted for Providing Material Support to Al Qaeda, Falsely 
Obtaining and Using Travel Documents (June 14, 2004), at 2. The 
government has revoked his asylum because ``with the exception 
of some minor biographical data, every aspect of [Abdi's] 
asylum application . . . was false.'' Government's Motion to 
Detain Defendant and Memorandum in Support at 4, United States 
v. Nuradin M. Abdi (S.D. Ohio 2004) (No. 2:04cr88).
      Section 101 of Division B responds to terrorist abuse of 
our asylum laws by amending the INA to limit fraud.
      As there are no explicit evidentiary standards for 
granting asylum in the INA, standards for determining the 
credibility of an asylum applicant and the necessity for 
evidence corroborating an applicant's testimony have evolved 
through the case law of the Board of Immigration Appeals (BIA) 
and federal courts. Because these standards are not consistent 
across federal appellate courts, different results have been 
reached in similar cases, depending on the court that hears the 
case.
      With regard to sufficiency of the evidence, for example, 
the BIA and the federal courts agree that credible testimony 
alone may suffice to sustain the applicant's burden of proof in 
some cases, but disagree on when credible testimony alone can 
meet the burden and when corroboration is needed. The BIA has 
held that: ``Because the burden of proof is on the alien, an 
applicant should provide supporting evidence, both of general 
country conditions and of the specific facts sought to be 
relied on by the applicant, where such evidence is available. 
If such evidence is unavailable, the applicant must explain its 
unavailability, and the Immigration Judge must ensure that the 
applicant's explanation is included in the record.'' Matter of 
S-M-J-, 21 I&N Dec. 722 (BIA 1997).
      Section 101 resolves conflicts between administrative and 
judicial tribunals with respect to standards to be followed in 
assessing asylum claims. In addition, it makes 
similaramendments to the standards governing other forms of relief from 
removal. Finally, this section corrects references within the asylum 
provisions to reflect changes in the INA generally.
      Authority: Subsection 101(a) of Division B would amend 
paragraph 208(b)(1) of the INA to clarify that the Secretary of 
Homeland Security and the Attorney General both have authority 
to grant asylum. Because both the Secretary of Homeland 
Security and the Attorney General may now exercise authority 
over asylum depending on the context in which asylum issues 
arise, paragraphs 101(a)(1) and (2) of Division B would 
accordingly amend paragraph 208(b)(1) of the INA to insert 
references to both the Attorney General and the Secretary of 
Homeland Security.
      Paragraph 101(g)(1) of Division B would provide that the 
references to the authority of the Secretary of Homeland 
Security would take effect as if enacted on March 1, 2003, 
which was the official date of transfer of immigration 
enforcement functions from the INS to the Department of 
Homeland Security under the Reorganization Plan.
      Burden of Proof and Central Reason: Paragraph 101(a)(3) 
codifies case law standards for granting asylum, both to 
resolve conflicts between fora and to codify precedential 
rules.
      First, that paragraph would create a new clause 
208(b)(1)(B)(i) in the INA. This clause codifies existing 
regulations and case law standards stating that the burden of 
proof is on the asylum applicant to establish eligibility as a 
refugee. This clause also will clarify the standard that an 
asylum applicant must meet to establish the motivation for 
persecution claimed.
      The INA requires all aliens seeking asylum to establish 
that they suffered or fear persecution ``on account of'' one of 
five factors: race, religion, nationality, membership in a 
particular social group, or political opinion. As the Supreme 
Court has held: ``since the statute makes motive critical, [an 
asylum applicant] must provide some evidence of it, direct or 
circumstantial.'' INS v. Elias-Zacarias, 502 U.S. 478, 483 
(1992).
      In explaining the Supreme Court's decision, the Ninth 
Circuit stated: ``[I]n those cases in which a persecuted 
activity could stem from many causes, some protected by the 
statute and others unprotected, the victim must tie the 
persecution to a protected cause. To do this, the victim needs 
to show the persecutor had a protected basis (such as the 
victim's political opinion) in mind in undertaking the 
persecution.'' Canas-Segovia v. INS, 970 F.2d 599, 601 (9th 
Cir. 1992). The BIA has explained the alien's burden as 
follows: an asylum applicant ``bear[s] the burden of 
establishing facts on which a reasonable person would fear that 
the danger arises on account of'' one of the five protected 
factors. Matter of Fuentes, 19 I & N Dec. 658, 662 (BIA 1988).
      The main issue in assessing motivation in an asylum 
context occurs in so-called ``mixed motive'' cases, where there 
is more than one possible motive for harm, one protected, 
others not. In requiring an asylum applicant to establish that 
at least one central reason for persecution was or will be one 
of the five factors for asylum relief, this subsection calls 
for an evaluation of whether the protected characteristic is 
central to the persecutor's motivation to act.
      Similar language has been advanced as a uniform standard 
for assessing motivation previously. In the proposed rule 
dealing with Asylum and Withholding Definitions (the so-called 
``R-A-'' rule dealing with domestic violence cases), former 
Attorney General Janet Reno proposed to amend the asylum 
regulations to implement an almost identical proposal, 
explained as follows:

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

      65 Fed. Reg. 76588, 76592 (Dec. 7, 2000).
      Because this standard has not yet been adopted, there is 
currently no uniform standard for assessing motivation. This 
statutory standard is, however, in keeping with decisions of 
reviewing courts. See Girma v. INS, 283 F.3d 664, 668 (5th Cir. 
2002) (affirming BIA's finding of no persecution on account of 
qualifying ground, because in mixed motive case ``applicant . . 
. must present evidence sufficient for one to reasonably 
believe that the harm suffered was motivated in meaningful part 
by a protected ground''); Ambartsoumian v. Ashcroft, 388 F.3d 
95, 91 (3d Cir. 2004) (applicant failed to show persecution on 
account of ethnicity, where police harassment was ``mainly 
because he had failed to obtain proper legal documents and 
permission, and not because of his ethnicity''); Useinovic v. 
INS, 313 F.3d 1025, 1033 (7th Cir. 2002) (applicant failed to 
show persecution on account of political opinion based on 
robbery, where no showing that robbery ``was primarily aimed at 
him personally and not at [stealing] valuables.''). Ninth 
Circuit decisions in Borja v. INS, 175 F.3d 732 (9th Cir. 1999) 
and Briones v. INS, 175 F.3d 727 (9th Cir. 1999) and other 
cases have substantially undermined a proper analysis of mixed 
motive cases, however.
      Adopting this standard will address another anomaly in 
the law that has been created by the Ninth Circuit, one that 
improperly favors asylum applicants who claim that they have 
been accused of engaging in terrorist, militant, or guerrilla 
activity. In Singh v. Ilchert, 63 F.3d 1501, 1509 (9th Cir. 
1995), the Ninth Circuit equated the ``investigation of and 
reaction against those thought, rightly or wrongly, to be 
militants seeking the violent overthrow of the government'' 
with ``a classic example of imputed political opinion,'' 
rendering the applicant eligible for asylum. The court there 
also recognized a presumption of persecution on account of 
political opinion in the absence of evidence of what it termed 
a ``legitimate government prosecution'' of a suspected 
militant. See id. at 1509 (``In this case, Singh was not the 
target of any legitimate government prosecution. As in Blanco-
Lopez, `[w]e find no evidence in the record . . . that an 
actual, legitimate, criminal prosecution was initiated against 
[the applicant.] Blanco-Lopez [v. INS], 858 F.2d [531], 534 
[(9th Cir. 1988)]. If `there is no evidence of a legitimate 
prosecutorial purpose for a government's harassment of a person 
. . . there arises a presumption that the motive for harassment 
is political.' Hernandez-Ortiz v. INS, 777 F.2d 509, 516 (9th 
Cir. 1985) (`When a government exerts its military strength 
against an individual or a group within its population and 
there is no reason to believe that the individual or group has 
engaged in any criminal activity or other conduct that would 
provide a legitimate basis for governmental action, the most 
reasonable presumption is that the government's actions are 
politically motivated.' '')).
      This presumption violates the Supreme Court precedent 
Elias-Zacarias, which requires asylum applicants to provide 
evidence of motivation. Further, this presumption effectively, 
but improperly, shifts the burden to the government to prove 
either a ``legitimate purpose'' for the foreign government's 
interest in the alien, or that the alien's claim is not 
credible, or that the alien is barred from asylum relief 
because, for example, that alien actually is a terrorist or a 
persecutor.
      Plainly, an alien who is a terrorist could more easily 
fabricate a claim that his home government believes erroneously 
that he is a terrorist. This is suggested by the case of Gazi 
Ibrahim Abu Mezer, who was sentenced to life imprisonment for 
planning to bomb the New York subway system in 1997. See United 
States v. Khalil, 214 F.3d 111, 115 (2d Cir. 2000), cert. 
denied, 531 U.S. 937 (2000). Mezer was free in the United 
States after he was arrested in Washington State by the Border 
Patrol, which initiated formal deportation proceedings against 
him. Special Report of the United States Department of Justice, 
Office of the Inspector General, ``Bombs in Brooklyn: How the 
Two Illegal Aliens Arrested for Plotting to Bomb the New York 
Subway Entered and Remained in the United States'' (March 
1998). While in proceedings, Mezer was released on a $5,000 
bond and filed an application for political asylum in the 
United States. Id. In his asylum application, Mezer claimed 
that Israeli authorities had persecuted him because they 
wrongly believed he was a member of Hamas. Id. In support of 
his claim that Israel authorities had detained him twice 
without cause, Mezer attached two documents from the 
International Committee of the Red Cross. Id. One document 
reflected that Mezer was arrested on July 31, 1990, and held 
for 42 days for a ``security'' violation. Id. The second 
document indicated that Mezer was arrested on November 25, 
1990, and held for approximately 90 days for ``administrative'' 
reasons. Id.
      According to the investigation of the case by the Justice 
Department's Inspector General, the judge who received that 
application ``did not notice that Mezer had said he was 
suspected of being a terrorist in Israel. She added that the 
assertion about Hamas, in itself, was not persuasive evidence 
that Mezer was a terrorist or that he should be detained, 
particularly because Mezer denied the assertion and also 
because he returned for this hearing after he had posted 
bond.'' Id. (emphasis added). The Inspector General continued:

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

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

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

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

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

      Id. at 725-26. Congress anticipates that the standards in 
Matter of S-M-J-, including the BIA's conclusions on situations 
where corroborating evidence is or is not required, will guide 
the BIA and the courts in interpreting this clause.
      Credibility: Proposed new clause 208(b)(1)(B)(iii) of the 
INA codifies factors identified in case law on which an 
adjudicator may make a credibility determination, including 
demeanor, candor, responsiveness, inherent plausibility of the 
account, consistency between the written and oral statements 
(regardless of when it was made and whether it was under oath, 
and considering the circumstances under which the statements 
were made), internal consistency of a statement, consistency of 
statements with the country conditions in the country from 
which the applicant claims asylum, and any inaccuracies or 
falsehoods in such statements. This section reiterates the rule 
that an asylum adjudicator is entitled to consider credible 
testimony along with other evidence.
      Again, the creation of a uniform standard for credibility 
is needed to address a conflict on this issue between the Ninth 
Circuit on one hand and other circuits and the BIA. In Elias-
Zacarias, 502 U.S. 478, the Supreme Court rejected the notion 
that a reviewing court may overturn a determination of the BIA 
in an asylum case whenever the court believes that the evidence 
supports a conclusion different from that of the BIA. It 
explained that ``[t]o reverse the BIA finding we must find that 
the evidence not only supports that conclusion, but compels 
it.'' Id. at 481 n.1. Thus, an asylum applicant who ``seeks to 
obtain judicial reversal of the BIA's determination . . . must 
show that the evidence he presented was so compelling that no 
reasonable factfinder could fail to find the requisite fear of 
persecution.'' Id. at 483-484.
      In 1996, as part of IIRIRA, Congress codified the 
principles that the Court articulated in Elias-Zacarias. 
Congress directed that a court of appeals reviewing an order of 
removal mustconfine its review to the administrative record 
before the agency and must accept the BIA's findings of fact as 
``conclusive unless any reasonable adjudicator would be compelled to 
conclude to the contrary.'' Sections 242(b)(4)(A) and (B) of the INA.
      This clause will allow Immigration Judges and the BIA to 
follow commonsense standards in assessing the credibility of 
asylum applicants better allowing them to identify and reject 
fraudulent claims. It should be noted, however, that although 
clause 208(b)(1)(B)(iii) would allow an adjudicator to base an 
adverse credibility determination on any of the factors set 
forth therein, such a determination must be reasonable and take 
into consideration the individual circumstances of the specific 
witness and/or applicant.
      While the trier of fact is not required to state 
expressly that the trier has considered each factor in 
assessing credibility, Congress expects that the trier of fact 
will describe those factors that form the basis of the trier's 
opinion. This is true even where the trier of fact bases a 
credibility determination in part or in whole on the demeanor 
of the applicant.
      Courts have recognized the expertise that Immigration 
Judges bring to this task. As the Ninth Circuit has held, for 
example: ``An immigration judge alone is in a position to 
observe an alien's tone and demeanor, to explore 
inconsistencies in testimony, and to apply workable and 
consistent standards in the evaluation of testimonial evidence. 
He is, by virtue of his acquired skill, uniquely qualified to 
decide whether an alien's testimony has about it the ring of 
truth.'' Sarvia-Quintanilla v. INS, 767 F.2d 1387, 1395 (9th 
Cir. 1985).
      In assessing an applicant's demeanor for purposes of 
making a credibility assessment, Congress anticipates that 
triers of fact will rely on those aspects of demeanor that are 
indicative of truthfulness or deception. For example, in 
explaining why it ``granted special deference to the IJ's 
eyewitness observations regarding demeanor evidence,'' the 
Ninth Circuit cited to an explanation that it had given ``in 
the context of a similarly-situated administrative law judge,'' 
holding: ``Weight is given to the administrative law judge's 
determinations of credibility for the obvious reason that he or 
she `sees the witnesses and hears them testify, while the Board 
and the reviewing court look only at cold records.' All aspects 
of the witness's demeanor--including the expression of his 
countenance, how he sits or stands, whether he is inordinately 
nervous, his coloration during critical examination, the 
modulation or pace of his speech and other non-verbal 
communication--may convince the observing trial judge that the 
witness is testifying truthfully or falsely.'' Mendoza Manimbao 
v. Ashcroft, 329 F.3d 655, 662 (9th Cir. 2003). As noted, a 
credibility determination should follow an examination of all 
relevant circumstances, including the circumstances of the 
individual applicant.
      Finally, this provision makes it clear that there is no 
presumption of credibility, but if no adverse credibility 
determination is explicitly made, the applicant or witness has 
a rebuttable presumption of credibility on appeal.
      Effective Dates. Paragraph 101(g)(2) would provide that 
the asylum standards established in paragraph 101(a)(3) of 
Division B shall take effect on the date of enactment and apply 
to asylum applications made on or after such date, therefore, 
the standards would not apply by statute to asylum applications 
filed before the date of enactment, although such standards in 
existing case law would apply.
      Standards for Granting Withholding of Removal. Paragraph 
241(b)(3) of the INA places restrictions on removal to a 
country where an alien's life or freedom would be threatened. 
Withholding is a form of protection similar to asylum, with 
some critical differences. Asylum is a discretionary form of 
relief, for which the standard is a ``well-founded fear of 
persecution.'' Withholding of removal, on the other hand, is 
mandatory protection from removal for those who can satisfy the 
higher standard of a ``clear probability of persecution,'' also 
expressed as ``more likely than not'' that an alien would be 
persecuted. There are other key differences between the two 
forms of relief. A person who has been granted asylum has been 
admitted into the United States, although the status is not a 
right to reside permanently in the United States. An alien who 
is granted withholding has not been granted legal entry into 
the United States and may be removed to his country when there 
is no longer any threat to his life or freedom. Withholding of 
removal is only specific to a particular country and therefore 
does not preclude removal to another country. An alien granted 
withholding of removal may not adjust to the status of a lawful 
permanent resident and the alien's family members are not 
eligible to come to the United States via the alien's status in 
the United States.
      In contrast, an alien granted asylum may adjust status 
under subsection 209(b) of the INA after being present in the 
United States for one year after the grant of asylum if the 
alien still meets the definition of refugee, is not firmly 
resettled in any other country and is otherwise admissible as 
an immigrant (with exemptions from certain grounds of 
inadmissibility). Additionally, under paragraph 208(b)(3) of 
the INA, the spouse and children of an alien granted asylum, if 
not otherwise eligible for asylum, may be granted asylum 
themselves if accompanying or following to join the alien. 
Aside from the higher standard for burden of proof, withholding 
of removal involves similar consideration of credibility and 
corroboration factors and some of the same issues regarding 
Ninth Circuit jurisprudence.
      Subsection 101(c) of Division B would amend paragraph 
241(b)(3) of the INA by applying to and codifying for 
withholding of removal applications the same standards for 
sustaining the applicable burden of proof and for assessing 
credibility that would be used for asylum adjudications under 
clauses 208(b)(1)(B)(ii) and (iii) of the INA, as added by 
paragraph 101(a)(3) of Division B.
      Subsection 101(h)(2) of Division B would provide that the 
withholding of removal standards established in subsection 
101(c) take effect on the date of enactment and apply to 
withholding applications made on or after such date. 
Accordingly, those standards would not apply by statute to 
applications filed before the date of enactment, although such 
standards in existing case law would apply.
      Other Applications for Relief. Subsection 101(d) of 
Division B would add a new paragraph 240(c)(4) to the INA. This 
paragraph would apply the credibility and corroboration 
standards in section 101(a)(3) of Division B to other 
applications for relief and protection from removal. The new 
paragraph also codifies the current requirement that an alien 
applying for relief or protection from removal bears the burden 
of satisfying the eligibility requirements for that relief 
orprotection, and also that he or she merits that relief as a matter of 
discretion, if the relief is discretionary.
      Subsection 101(h)(2) of Division B would provide that the 
standards established in subsection 101(d) shall take effect on 
the date of enactment and apply to withholding applications 
made on or after such date. Accordingly, those standards would 
not apply by statute to applications filed before the date of 
enactment, although such standards in existing case law would 
apply.
      Judicial Review of Corroboration Determinations: 
Subsection 101(e) of Division B would amend paragraph 242(b)(4) 
of the INA by establishing a specific standard of review for 
reversal of determinations concerning the availability of 
corroborating evidence by an adjudicator considering an 
application for asylum, withholding of removal, or other 
applications for relief or protection. This subsection would 
apply the prevailing standard of review for factual 
determinations in subparagraph 242(b)(4)(B) of the INA to 
determinations about the availability of corroborating 
evidence, itself a factual determination. This provision 
underscores that the appropriate standard of review for such 
determinations is the deferential factual review standard.
      Subsection 101(g)(3) of Division B would provide that the 
standards established in subsection 101(e) shall take effect on 
the date of enactment and apply to all cases in which the final 
removal order was issued before, on, or after such date.
      Clarification of Discretionary Relief Provision: 
Subsection 101(f) would amend subparagraph 242(a)(2)(B) of the 
INA by clarifying that the provision barring judicial review of 
denials of discretionary relief applies regardless of whether 
the discretionary judgment, decision, or action is made in 
removal proceedings. It also amends subparagraph 242(a)(2)(B) 
of the INA by adding reference to the Secretary of Homeland 
Security, to clarify the text and make it consistent with the 
aims of the Reorganization Plan for the Department of Homeland 
Security.
      Subsection 101(g)(4) of Division B would provide that the 
amendments in subsection 101(f) shall take effect on the date 
of enactment and apply to all cases pending before, on, or 
after such date.
      Removal of Caps. Section 209 of the INA currently 
provides that the Attorney General may adjust the status of 
aliens granted asylum to lawful permanent residence if they 
satisfy certain conditions, subject to a cap of 10,000 persons 
per fiscal year (aside from certain groups of asylees who are 
or have been exempt from the cap or subject to limits set in 
other legislation). Paragraph 101(g)(1) of Division B would 
eliminate the cap for adjustment of status for asylees. It 
would also replace references to the ``Immigration and 
Naturalization Service'' with references to the ``Department of 
Homeland Security'' and replace references to the ``Attorney 
General'' with references to the ``Secretary of Homeland 
Security or the Attorney General.''
      Similarly, under section 207(a)(5) of the INA, not more 
than 1,000 aliens may be admitted as refugees or granted asylum 
under the provision of section 101(a)(42) therein relating to 
persecution for resistance to coercive population control 
methods. Paragraph 101(g)(2) would strike the limitation on 
grants under this provision.
      Subsection 101(f), lifting these caps, shall take effect 
on the date of enactment of Division B, pursuant to paragraph 
101(g)(5).
      Repeal of the Study and Report on Terrorists and Asylum. 
Section 5403 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 provides that ``the Comptroller General 
of the United States shall conduct a study to evaluate the 
extent to which weaknesses in the United States asylum system 
and withholding of removal system have been or could be 
exploited by aliens connected to, charged in connection with, 
or tied to terrorist activity,'' including the extent to which 
precedential court decisions may have affected the ability of 
the Federal Government to prove that an alien is a terrorist 
who should be denied asylum and/or removed.
      Subsection 101(h) of Division B would repeal the 
requirement for the study and report, because the other 
provisions in section 101 of Division B would resolve the 
vulnerability of the asylum and withholding of removal systems 
to terrorist exploitation.
      Section 102 of the conference agreement includes language 
modified from language proposed in section 102 of division B of 
the House bill. The Senate did not include similar language.
      Section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 provides for construction 
and strengthening of barriers along U.S. land borders and 
specifically provides for 14 miles of barriers and roads along 
the border near San Diego, beginning at the Pacific Ocean and 
extending eastward. It provides for a waiver of the Endangered 
Species Act of 1973 (ESA) and the National Environmental Policy 
Act of 1969 (NEPA) to the extent the Attorney General 
determines is necessary to ensure expeditious construction of 
barriers and roads. Despite the existing waiver provision, 
construction of the San Diego area barriers has been delayed 
due to a dispute involving other laws. The California Coastal 
Commission has prevented completion of the San Diego border 
security infrastructure because it alleges that plans to 
complete it are inconsistent with the California Coastal 
Management Program, a state program approved pursuant to the 
federal Coastal Zone Management Act (CZMA)--notwithstanding the 
fact that the San Diego border security infrastructure was 
designed to avoid and/or minimize adverse environmental 
impacts, and the Bureau of Customs and Border Protection (CBP) 
of the Department of Homeland Security testified before the 
California Coastal Commission that the plans for completion 
were consistent with the Coastal Management Program to the 
maximum extent practicable without sacrificing the 
effectiveness of the border security infrastructure. Continued 
delays caused by litigation have demonstrated the need for 
additional waiver authority with respect to other laws that 
might impede the expeditious construction of security 
infrastructure along the border, such as the Coastal Zone 
Management Act.
      Current Law. Section 102(c) of IIRIRA provided for a 
waiver of the ESA and NEPA to the extent the Attorney General 
determines is necessary to ensure expeditious construction of 
barriers and roads.
      Section 102 of the conference report would amend the 
current provision to require the Secretary of Homeland Security 
to waive all laws that he or she determines, in his or her sole 
discretion, are necessary to ensure the expeditious 
construction of the border barriers.
      Additionally, it would prohibit judicial review of a 
waiver decision or action by the Secretary and bar judicially 
ordered compensatory, declaratory, or injunctive, equitable, or 
any other relief or other remedy for damage alleged to result 
from any such decision or action. As discussed above, current 
statutes and the Reorganization Plan for the Department of 
Homeland Security have not amended and clarified references to 
executive authority throughout the INA. Accordingly, the 
provision would have replaced the reference in current law to 
the Attorney General by a reference to the Secretary of 
Homeland Security.
      The Conferees have revised the House provision in the 
following respects. First, the revised provision authorizes but 
does not require the Secretary of DHS to waive any legal 
requirements that he or she, in his or her sole discretion, 
determines are necessary to ensure expeditious construction of 
border security infrastructure. Second, the provision clarifies 
the intent of the conference report by substituting a reference 
to waiver of ``all legal requirements'' for the prior reference 
to waiver of ``all laws'', clarifying Congress' intent that the 
Secretary's discretionary waiver authority extends to any 
local, state or federal statute, regulation, or administrative 
order that could impede expeditious construction of border 
security infrastructure. Third, the conferees provided that any 
such waiver would become effective upon publication in the 
Federal Register, thereby ensuring appropriate public notice of 
such determinations. Finally, the Conferees have provided 
federal judicial review for claims alleging that the actions or 
decisions of the Secretary violate the United States 
Constitution. The Conferees have further provided that such 
claims must be filed within sixty days of the Secretary's 
action or decision, and that interlocutory or final judgments, 
decrees, or orders of federal district courts on such claims 
may be reviewed only upon petition for a writ of certiorari to 
the Supreme Court of the United States. The Conferees' intent 
is to ensure that judicial review of actions or decisions of 
the Secretary not delay the expeditious construction of border 
security infrastructure, thereby defeating the purpose of the 
Secretary's waiver.
      Section 106 of the conference agreement includes language 
modified from language proposed in section 105 of division B of 
the House bill. The Senate did not include similar language.
      Section 106 of Division B addresses a number of judicial 
review anomalies improperly favoring criminal aliens that were 
created by court decisions interpreting changes to the INA in 
1996. Since 1961, Congress has consistently provided that only 
the courts of appeals may review removal orders. From 1961 
through 1996, the INA provided that review in the courts of 
appeals ``shall be the sole and exclusive procedure'' for 
judicial review of deportation orders. See INA subsection 
106(a) (1995) (entitled ``Exclusiveness of procedure''). As the 
legislative history behind this provision reveals, Congress 
aimed to ``create a single, separate, statutory form of 
judicial review of administrative orders for the deportation 
and exclusion of aliens from the United States.'' H.R. Rep. No. 
1086, 87th Cong., 1st Sess., reprinted in 1961 U.S.C.C.A.N. 
2950, 2966 (1961). Congress's ``fundamental purpose'' was ``to 
abbreviate the process of judicial review of deportation 
orders'' and to ``eliminat[e] the previous initial step in 
obtaining judicial review--a suit in a District Court.'' Foti 
v. INS, 375 U.S. 217, 224 (1963); accord Agosto v. INS, 436 
U.S. 748, 752-53 (1978); Giova v. Rosenberg, 379 U.S. 18 (1964) 
(per curiam). Thus, a final order of deportation could be 
challenged only in the appropriate court of appeals upon a 
timely filed petition for review.
      Such order could not have been challenged in district 
court by way of habeas corpus. Although the INA contained 
another provision permitting habeas review, see INA 
Sec. 106(a)(10) (1995), several circuits interpreted that 
provision as not providing habeas review over deportation 
orders, but only review over collateral issues, such as whether 
the alien should be released from custody or granted a stay of 
deportation pending a petition for review.
      Moreover, to the extent that habeas review of deportation 
orders had been available before 1996, Congress attempted to 
eliminate it in enacting the Antiterrorism and Effective Death 
Penalty Act of 1996 (AEDPA), Pub. L. 104-132, 110 Stat. 1214 
(April 24, 1996). One of the statute's provisions, entitled 
``Elimination of Custody Review by Habeas Corpus,'' expressly 
repealed the former habeas provision. See subsection 401(e), 
110 Stat. 1268, repealing INA paragraph 106(a)(10) (1995). This 
was part of Congress's broad efforts to streamline immigration 
proceedings. Indeed, to expedite removal, section 440(a) of 
AEDPA precluded all judicial review of deportation orders for 
certain classes of criminal aliens. 110 Stat. 1276-77 
(providing that such orders ``shall not be subject to review by 
any court'').
      Congress continued these streamlining reforms when it 
enacted the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 
3546 (Sept. 30, 1996). In IIRIRA, Congress reestablished that 
only courts of appeals--and not district courts--could review a 
final removal order (or, to use the pre-1996 nomenclature, 
deportation order or exclusion order). See section 242(a)(1) of 
the INA (incorporating the Hobbs Act, 28 U.S.C. Sec. 2347). In 
addition, Congress made clear that review of a final removal 
order is the only mechanism for reviewing any issue raised in a 
removal proceeding. Section 242(b)(9) of the INA (2000); see 
also IIRIRA Sec. 309(c)(4)(A) (transition rules). Together, 
these provisions were intended to preclude all district court 
review of any issue raised in a removal proceeding. Finally, as 
it did in AEDPA, Congress confirmed that criminal aliens could 
not obtain any judicial review. IIRIRA expressly provided that, 
``[n]otwithstanding any other provision of law, no court shall 
have jurisdiction to review any final order of removal against 
an alien who is removable by reason of having committed'' one 
of various criminal offenses, including aggravated felonies. 
See section 242(a)(2)(C) (2000) (emphasis added); see also S. 
Rep. No. 104-249, 104th Cong, 2d Sess. at 7 (``Aliens who 
violate U.S. immigration law should be removed from this 
country as soon as possible.'').
      Despite Congress's efforts to limit judicial review in 
1996, the Supreme Court expanded it just five years later. In 
INS v. St. Cyr, the Supreme Court held that criminal aliens are 
actually entitled to more review than they had before the 1996 
amendments, and more review than non-criminal aliens. INS v. 
St. Cyr, 533 U.S. 289 (2001). Specifically, the Court held that 
criminal aliens could seek habeas review of their removal 
orders under 28 U.S.C. Sec. 2241. With habeas review, the 
criminal alien would get review in district court and, on 
appeal, in the court of appeals.
      The basis for the Court's decision was that Congress 
never ``explicitly mention[ed]'' section 2241 or habeas when it 
eliminated all judicial review over criminal aliens' removal 
orders. Id. at 312-13. According to the Court, an explicit 
reference to section 2241 or habeas was necessary because 
Congress did not provide for ``another judicial forum'' for 
criminal aliens to raise pure questions of law because, as 
noted, whereas non-criminal aliens could challengetheir removal 
orders in the courts of appeals, under AEDPA and IIRIRA, criminal 
aliens could not. Id. at 298-300, 312-14; see also id. at 312 n.36 
(``Congress'' failure to refer specifically to Sec. 2241 is 
particularly significant.''). Thus, as a matter of statutory 
interpretation, the Court held that criminal aliens could bring habeas 
actions under section 2241.
      The Court recognized that, as a result of its decision, 
criminal aliens would be able to seek review in district court 
and, on appeal, in the courts of appeals, whereas non-criminal 
aliens could obtain review only in the courts of appeals. It 
noted that Congress could fix this anomaly, however. As the 
Court stated, ``Congress could without raising any 
constitutional questions, provide an adequate substitute [to 
section 2241] through the courts of appeals.'' Id. at 314. 
n.38.
      Among the many problems caused by St. Cyr, the most 
significant is that this decision allows criminal aliens to 
delay their expulsion from the United States for years.
      Furthermore, because of St. Cyr, aliens who have 
committed serious crimes in the United States are generally 
able to obtain more judicial review than non-criminal aliens. 
As the dissent in St. Cyr pointed out, allowing criminal aliens 
to obtain habeas review of their immigration orders in the 
district court ``brings forth a version of the statute that 
affords criminal aliens more opportunities for delay-inducing 
judicial review than are afforded to non-criminal aliens, or 
even than were afforded to criminal aliens prior to the 
legislation concededly designed to expedite their removal.'' 
533 U.S. at 327 (Scalia, J. dissenting). This is because, under 
St. Cyr, criminal aliens are able to begin the judicial review 
process in the district court, and then appeal to the circuit 
court of appeals. Criminal aliens thus can obtain review in two 
judicial forums, whereas non-criminal aliens may generally seek 
review only in the courts of appeals. Not only is this result 
unfair and illogical, but it also wastes scarce judicial and 
executive resources.
      Finally, the result in St. Cyr has created confusion in 
the federal courts as to what immigration issues can be 
reviewed, and which courts can review them. The decision in St. 
Cyr itself held that district courts, and not the courts of 
appeals, have habeas corpus review authority over statutory 
claims involving discretionary immigration relief. See also 
Calcano-Martinez v. INS, 533 U.S. 348, 351-52 (2001). On the 
other hand, after St. Cyr, every circuit court has held that 
courts of appeals retain jurisdiction to review limited 
threshold ``jurisdiction to determine jurisdiction'' questions 
raised by criminal aliens in petitions for review. Therefore, 
following St. Cyr, some issues are still reviewable in the 
circuit courts while others are reviewable only in the district 
courts, resulting in bifurcated and inefficient review. 
Additionally, the circuits have split on the question of which 
court may entertain constitutional challenges to criminal 
aliens' removal orders (a question left open in St. Cyr). All 
of this has resulted in piecemeal review, uncertainty, lack of 
uniformity, and a waste of resources both for the judicial 
branch and Government lawyers--the very opposite of what 
Congress tried to accomplish in 1996.
      Section 106 of Division B would address the anomalies 
created by St. Cyr and its progeny by restoring uniformity and 
order to the law. First, under this section, criminal aliens 
will have fewer opportunities to delay their removal, because 
they will not be able to obtain district court review in 
addition to circuit court review, and will not be able to 
ignore the thirty-day time limit on seeking review. Second, 
criminal aliens will not receive more judicial review than non-
criminals. Under the amendments in section 106, all aliens will 
get review in the same forum--the courts of appeals. Third, by 
channeling review to the courts of appeals, section 106 will 
eliminate the problems of bifurcated and piecemeal litigation. 
Thus, the overall effect of the proposed reforms is to give 
every alien a fair opportunity to obtain judicial review while 
restoring order and common sense to the judicial review 
process.
      Significantly, this section does not eliminate judicial 
review, but simply restores such review to its former settled 
forum prior to 1996. Under section 106, all aliens who are 
ordered removed by an immigration judge will be able to appeal 
to the BIA and then raise constitutional and legal challenges 
in the courts of appeals. No alien, not even criminal aliens, 
will be deprived of judicial review of such claims. Unlike 
AEDPA and IIRIRA, which attempted to eliminate judicial review 
of criminal aliens' removal orders, section 106 would give 
every alien one day in the court of appeals, satisfying 
constitutional concerns. The Supreme Court has held that in 
supplanting the writ of habeas corpus with an alternative 
scheme, Congress need only provide a scheme which is an 
``adequate and effective'' substitute for habeas corpus. See 
Swain v. Pressley, 430 U.S. 372, 381 (1977). Indeed, in St. Cyr 
itself, the Supreme Court recognized that ``Congress could, 
without raising any constitutional questions, provide an 
adequate substitute through the courts of appeals.'' St. Cyr, 
533 U.S. at 314 n.38 (emphasis added). By placing all review in 
the courts of appeals, Division B would provide an ``adequate 
and effective'' alternative to habeas corpus. Id.
      Further, while the reforms in section 106 would preclude 
criminals from obtaining review over non-constitutional, non-
legal claims, it would not change the scope of review that 
criminal aliens currently receive, because habeas review does 
not cover discretionary determinations or factual issues that 
do not implicate constitutional due process. See, e.g., St. 
Cyr, 533 U.S. at 306-07 & n.27 (recognizing that habeas courts 
do not review ``exercise[s] of discretion'' or ``factual 
determinations'' that do not implicate due process); Fong Yue 
Ting v. INS, 149 U.S. 698, 713-14 (1893) (``Congress might 
intrust the final determination of . . . facts to an executive 
officer''); Heikkila v. Barber, 345 U.S. 229, 236 (1953) (``the 
function of the courts has always been limited to the 
enforcement of due process requirements''); Ter Yang v. INS, 
109 F.3d 1185, 1195 (7th Cir. 1997) (``the Supreme Court long 
ago made it clear that this writ does not offer what our 
petitioners desire: review of discretionary decisions by the 
political branches of government''); see also Sol v. INS, 274 
F.3d 648, 651 (2d Cir. 2001) (habeas jurisdiction under 
Sec. 2241 does not extend to factual or discretionary 
determinations).
      Moreover, section 106 would not preclude habeas review 
over challenges to detention that are independent of challenges 
to removal orders. Instead, the bill would eliminate habeas 
review only over challenges to removal orders.
      Review in the Courts of Appeals. Subparagraph 
106(a)(1)(A) of Division B would replace habeas corpus review 
of specified removal orders with review of constitutional 
claims and questions of law before the courts of appeal.
      It should be noted that the word ``pure,'' in the phrase 
``pure question of law,'' which had appeared in prior versions 
of a proposed section 242(a)(2)(D) of the INA, has been deleted 
from that phrase in the final version in this subparagraph 
because it is superfluous. As the ACLU explained during the St. 
Cyr litigation, a ``question of law'' is a question regarding 
theconstruction of a statute. The word ``pure'' adds no 
meaning. The purpose of section 106(a)(1)(A)(iii) is to permit judicial 
review over those issues that were historically reviewable on habeas--
constitutional and statutory-construction questions, not discretionary 
or factual questions. When a court is presented with a mixed question 
of law and fact, the court should analyze it to the extent there are 
legal elements, but should not review any factual elements. Factual 
questions include those questions that courts would review under the 
``substantial evidence'' or 242(b)(4)(B) standard, reversing only when 
a reasonable factfinder would be compelled to conclude that the 
decision below was erroneous.
      Section 106(a)(1)(B) adds a new section 242(a)(4) to the 
INA. This provision will allow aliens in section 240 removal 
proceedings to seek review of ``any cause or claim under the 
United Nations Convention Against Torture and Other Forms of 
Cruel, Inhuman, or Degrading Treatment or Punishment'' in the 
courts of appeal.
      Section 106(a)(2) of Division B would amend section 
242(b)(9) of the INA, concerning consolidation of issues for 
judicial review, to clarify that, except as otherwise provided 
in section 242 of the INA, no court is to have jurisdiction for 
habeas review or other non-direct judicial review of a removal 
order or questions of law or fact arising from such an order. 
This does not affect habeas corpus review in section 242(e)(2) 
of the INA. Subsection 242(g) of the INA, concerning exclusive 
jurisdiction, is also amended to clarify that no habeas review 
or other non-direct judicial review would be available for any 
claim arising from a decision or action by the Attorney General 
regarding the initiation and adjudication of removal 
proceedings or the execution of removal orders against any 
alien.
      Under subsection 106(b), the effective date of the 
amendments in subsection 106(a) is the date of enactment of 
Division B, and the amendments would apply to cases in which 
the final administrative order of removal, deportation or 
exclusion was issued before, on, or after the date of 
enactment. Subsection 106(c) of Division B would provide for 
the transfer of pending habeas cases from district courts to 
federal appellate courts in which they could have been properly 
filed under section 242(b)(2) of the INA or the transitional 
rules of IIRIRA.
      Subsection 106(d) provides that IIRIRA transition-rule 
cases filed under former subsection 106(a) of the INA (1995), 
concerning judicial review of deportation and exclusion cases 
and repealed by the IIRIRA, shall be treated as if they had 
been filed under section 242 of the INA and that such petitions 
shall be the sole avenue for judicial review of deportation or 
exclusion orders, notwithstanding any other provisions of law, 
including habeas review or other non-direct judicial review.
      Finally, it should also be noted that section 106 will 
not preclude habeas review over challenges to detention that 
are independent of challenges to removal orders. Instead, the 
bill would eliminate habeas review only over challenges to 
removal orders.

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

      Section 201 of the conference agreement includes language 
modified from language proposed in section 201 of Division B of 
the House bill. The Senate did not include similar language.
      Section 201 is necessary to clarify the Federal law as it 
pertains to driver's licenses, and relates it to other federal 
laws that govern state issuance and records keeping of ``motor 
vehicle operator's license.'' That means that, to the degree 
that commercial truck driver's licenses and HAZMAT licenses are 
separately defined by Title 49, this law is directed to the 
personal driver's licenses and local use commercial vehicle 
licenses. It also names identification cards as being 
regulated, as every entity listed under the ``State'' 
definition issues identity cards as well as driver's licenses. 
The Act establishes a minimum definition of ``Official 
Purpose'' to limit the use of any licenses or ID cards issued 
by states that do not meet the Act's requirements. More 
specifically, the definition provides direction as to what 
certain categories of temporary license marked clearly on their 
face to indicate they are not acceptable for federal 
identification or federal purposes and cannot be used. For 
example, non compliant driver's licenses or noncompliant state 
issued ID cards cannot be used for identification to board 
federally regulated commercial aircraft, enter nuclear power 
plants or have access to federally regulated critical 
infrastructure or similar facilities determined to be 
vulnerable to attack. Noncompliant driver's licenses or 
noncompliant state issued ID cards cannot be used for 
identification for any federal purpose. The Secretary is 
authorized to establish other purposes for which only those 
license and ID cards that meet federal standards can be used.
      Section 202 of the conference agreement includes language 
modified from language proposed in section 202 of Division B of 
the House bill. The Senate did not include similar language.
      202(a)(1) states that the law is binding on Federal 
agencies--not the states. Consequently, this Act does not 
directly impose federal standards with respect to states' 
issuance of driver's licenses and personal identification 
cards. The application of the law is indirect, and hence states 
need not comply with the listed standards. However, states 
would nevertheless need to adopt such standards and modify any 
conflicting laws or regulations in order for such documents to 
be recognized by federal agencies for official purposes. The 
Federal Government regulates driver's licenses issuance now for 
HAZMAT and commercial trucks, but not with regard to their 
physical security, counterfeit resistance or with regard to the 
confirmation of the identity of an applicant before license 
issuance. There is also federal regulation regarding Driving 
Under the Influence of alcohol, including requiring suspension 
of driving privileges, and provides grants to states for 
prevention programs. Federal law and regulations (23 CFR 
Chapter III) also provide detailed prescriptions for driver's 
safety training as a condition for issuance of licenses, and 
minimum standards for visual features to enable distinction 
between learner's permits and full validity driver's licenses. 
There is also a National Driver Register Problem Driver Point 
System, established by the National Driver Register Act of 
1982. This Act established a mandate for states to share 
information about ``bad drivers'' through this system. 
Participation in the NDR is optional, conditioned by Federal 
grants. All 50 States and the District of Columbia participate 
in the NDR. The system is also referred to as the Problem 
Driver Pointer System (PDPS). Regulations governing 
participants require states to collect more information than 
required for the minimum document requirements under Section202 
as part of the license issuance process. However, the requirements for 
proof of identification to obtain a license are generalized. When the 
REAL ID Act becomes law, CFR 23 will need to be substantially revised 
by DOT to add details to the pertinent sections, as determined through 
the Department of Homeland Security established regulations 
implementing the Act. The primary process by which states will share 
information regarding the identities of driver's license holders will 
be the PDPS, once upgraded and with complimentary system capacity 
upgrading by the States.
      202(a)(2). The Conferees revised HR 418, which placed 
compliance certification by the States under the authority of 
the Secretary of Homeland Security, based on certification by 
the Secretary of Transportation, so that the Secretary of 
Homeland Security will determine whether a state is complying 
with its certifications of compliance with the Act. This 
establishes a new channel of federal regulation and compliance 
audit by the Department of Homeland Security for identity 
management, while requiring coordination of regulations with 
the Department of Transportation (DOT) of driver's license 
regimes.
      Section 202(b) Minimum Document Requirements. The intent 
of this requirement is to improve the ability of law 
enforcement officers at all levels to confirm the identity of 
the individuals presenting state issued driver's licenses or 
identification cards.
      202(b)(1) Many states don't follow the convention of full 
legal name. For example, a person might ``use'' a middle name 
versus his/her first name, and therefore prefer that the 
driver's license use that name without regard to the ``real'' 
first name. Instead of William Beauford Brown, the state 
driver's license states simply ``Beau Brown.'' Using a name 
other than a full legal name results in ``no matches'' when 
checked against other public records that use the full legal 
name. This occurred with some of the licenses and state ID 
cards obtained by the 9/11 terrorists, where the driver's 
license ``names'' were variants on the actual name carried in 
the passport, despite the terrorists' use of their own, valid 
passports to verify name.
      202(b)(2) The person's date of birth is necessary to 
differentiate the person from others with the same name--for 
example, there are thousands of John R. Browns in the U.S., but 
very few have the same birthday. This is particularly relevant 
to protect people from being delayed at airports because their 
name coincides with someone on the ``do not fly'' list. 
Additional biographic information on the document most citizens 
present to board a plane will reduce problems with 
misidentification that currently plague our security processes.
      202(b)(3) Gender is for all but a very few persons a 
clearly definable and verifiable biometric identifier. It 
allows law enforcement and airport security to quickly match or 
``no match'' a person against a wants and warrant notification. 
Systematically employing it throughout the country would not 
only improve identification of suspected terrorists, it would 
expedite the checks on everyone else by reducing ``false 
positives'' where a person is erroneously matched by name with 
a wanted person.
      202(b)(4) Currently every state does post a driver's 
license number on a permanent driver's license ``card,'' but 
not all states employ traceable numbers on temporary licenses 
and temporary state ID cards. This is obviously an important 
tool in differentiating counterfeit licenses from valid 
licenses--via a number check.
      202(b)(5) requires a digital photograph of the person so 
that it can be confirmed by comparison to the current and/or 
future database of the State issuing the license, using 
existing secure technology designed for that purpose. More than 
20 states continue to use a process where ``regular'' photos 
are glued into license forms. These are easily altered by 
breaking the plastic seal, and replacing the valid photo with 
one of the person who has stolen or ``borrowed'' the license or 
ID card from the person to whom it was validly issued. The 
intent of requiring a digital photo, as in a passport, is to 
insure that the photo accurately captures the appearance of the 
person to whom it was issued. It also allows the state to 
retain a record of the digital image at a relatively low cost, 
and be able to provide that image to law enforcement quickly 
via a computer link.
      202(b)(6) Having the person's principal residence address 
is, in fact, a standard requirement in nearly all states, but 
many states make no effort to verify that it is the principal 
residence, and not an address of convenience, or a completely 
irrelevant address selected at random by the applicant. In this 
last case, the applicant has normally provided a false address 
to avoid apprehension for a crime, or notification by law 
enforcement regarding a civil award. Many scofflaw fathers hide 
their current location to avoid paying child support, as 
required by federal law.
      202(b)(7) requires a person's signature, so that it can 
be compared to a person's signature when using the card for 
identity confirmation for both civil, legal and regular 
financial transactions, as to verify a credit card signature. 
Signature verification is another means for a law enforcement 
officer to confirm identity, and is actually of convenience to 
retail establishments to confirm check and credit card 
signatures.
      202(b)(8) requires physical security features to prevent 
tampering, counterfeiting or duplication of the document for 
fraudulent purposes. The importance of this requirement cannot 
be overstated. A majority of states maintain a high level of 
physical security in the manufacture of their cards. 
Unfortunately, a significant minority of states do not issue 
licenses or ID cards with secure physical characteristics. This 
results in criminals, identity thieves, and amateurs such as 
college students being able to ``manufacture'' fake driver's 
licenses and ID cards from these states. Federal law 
enforcement officials--national forensic document laboratory--
can validate that the driver's licenses of these states are not 
secure from counterfeiting using easily available technology.
      202(b)(9) A common machine-readable technology exists, 
along with common defined minimum data elements, under the 
interstate driver's compact to which 46 states already belong. 
There is inconsistency in actual practice with regard to the 
order of the data. Further, there has been little research on 
methods to secure the privacy of the data contained on the 
machine readable strip. Improvements in the machine readable 
technology would allow for less data being present on the face 
of the card in the future, with other data stored securely and 
only able to be read by law enforcement officials.
      Section 202(c) Minimum Issuance Standards. The 9/11 
Commission report recommended that the federal government 
correct the chronic weakness among many of the states in the 
verification of identity for issuance of licenses. That 
recommendation has been supported by other reports on criminal 
justice, drunk driving, and underage drinking, albeit for 
entirely different objectives. Current federal regulations 
addressing driver's licenses require the states to obtain a 
date of birth for each applicant, but states set their own 
criteria for what kind of document they can rely on for the 
DOB. Consequently, the Commission staff report noted that it's 
similarly easy for a terrorist, or for a tourist, entering the 
U.S. on a valid visa, to build a ``document chain'' beginning 
with a counterfeit or an altered document. Precisely because we 
have many legal immigrants, States rarely check the 
authenticity of ``green cards'' or other immigration documents. 
Which is why 9-11 terrorist Mohammad Atta was able to pass a 
hand altered immigration document to get a 6 year Florida's 
driver's license despite holding what was, in fact, a visa that 
was about to expire. Once implemented, it will also address the 
problem in which high school and underage college students 
obtain authentic driver's licenses in states other than ones 
they grew up in, with a false age that allows them to go into 
bars and consume alcohol. The provision will establish minimum 
issuance standards for federal recognition requiring that 
before a state can issue a driver's license or photo 
identification card, it would have to verify with the issuing 
agency, the issuance, validity and completeness of: (1) a photo 
identification document or a non-photo document containing both 
the individual's full legal name and date of birth; (2) date of 
birth; (3) proof of a social security number (SSN) or 
verification of the individual's ineligibility for a SSN; and 
(4) name and address of the individual's principal residence. A 
comparable, but more loosely defined set of identity 
verification requirements pertaining to minimum requirements 
for NDR inquiries are stated in CFR 23, 1327.5 to be ``Proof of 
identification--Acceptable forms of identification are driver's 
license, birth certificate, credit card, employee 
identification card, and other forms of identification normally 
accepted by the State.'' The new requirements do not ``preempt 
any state verification standards'' but require that the state 
establish a common minimum set of standards. Nothing in the law 
limits a state's prerogative to use other supplementary forms 
of identity confirmation, nor to use a much lower standard for 
the issuance of learner's permits or other driving permits that 
are not eligible to be used for identification purposes by 
federal agencies. For those forty states who have public policy 
positions and corroborating state law that establish minimum 
identity confirmation standards and a legal presence 
requirement, the standards will provide a common platform.
      202(c)(2)--Special Requirements. This requires a state, 
before issuing a driver's license or identification card to a 
person, to require a person to present valid documentary 
evidence that he or she is either a U.S. citizen or national or 
an alien legally present in the United States. CRS has noted 
that there are no special requirements relating to the issuance 
of identification cards to persons who are not U.S. citizens 
but are nonetheless U.S. nationals (i.e., most residents of 
American Samoa or Swain's Island). That will not be necessary 
within the Act, as the Secretaries of DHS and DOT will 
accordingly address those special categories of U.S. nationals 
(a U.S. citizen or ``a person who, though not a citizen of the 
United States, owes permanent allegiance to the United 
States'').
      For those states electing to conform to the requirements 
of this Act, so that their driver's licenses will be accepted 
for identification purposes by the federal government, this set 
of requirements establishes the basis for a common statutory 
basis for subsequent federal regulations.
      202(c)(2)(B) The evidence of Legal Status requirements 
conform almost exactly to those of the laws of the Commonwealth 
of Virginia, and are parallel to the state laws of New York, 
Florida, California and roughly thirty other states which have 
passed laws requiring evidence of lawful presence in the United 
States. It requires for state license and ID cards verification 
that an applicant is lawfully present (not present in violation 
of the Immigration and Naturalization Act) in the United States 
before issuing a driver's license or personal identification 
card that is intended to be used for identification purposes by 
federal agencies. Under this section, persons would only be 
eligible for temporary drivers' licenses or identification 
cards if evidence is presented that they: (1) have a valid, 
unexpired non-immigrant visa or non-immigrant visa status for 
entry into the United States; (2) have a pending or approved 
application for asylum in the United States; (3) have entered 
into the United States in refugee status; (4) have a pending or 
approved application for temporary protected status in the 
United States; (5) have approved deferred action status; or (6) 
have a pending application for adjustment of status to that of 
an alien lawfully admitted for permanent residence in the 
United States or conditional permanent resident status in the 
United States.
      202(c)(2)(C) This establishes that, in order to issue 
temporary licenses or temporary ID cards that will be 
acceptable to the federal government for identification 
purposes, a state may only issue a temporary driver's license 
or identification card with an expiration date equal to the 
period of time of the applicant's authorized stay in the United 
States. Clause ii provides that if there is an indefinite end 
to the period of authorized stay, the card's expiration date 
shall be one year. The temporary card shall clearly indicate 
that it is temporary and shall state the expiration date. 
Clause iii provides for clear display of the expiration date on 
a temporary card, which is an extremely important requirement 
for the benefit of public safety and security personnel, police 
and others who need to inspect people for entry to airports, 
secure facilities, and for official federal purposes, as 
defined in the act and by subsequent regulations. A clear 
display facilitates an expedited inspection, and a clear date 
to determine validity of the temporary licenses. Clause iv 
provides that renewals of the temporary cards would be done 
only upon presentation of valid documentary evidence that the 
status had been extended by the Secretary of Homeland Security. 
This is important because renewals of temporary licenses were 
exploited by the 9/11 terrorists, and have been a major 
security vulnerability with foreign visitors who decide to 
overstay their valid visa terms.
      202(c)(3)(B) The requirement that licenses for ID 
purposes for foreign visitors not be issued except when the 
applicant's identity is confirmed by a passport is intended to 
strengthen the identify confirmation process for foreign 
visitors, and to stop the process of accepting unreliable 
foreign documents for identification. Should an applicant who 
is not a U.S. citizen or immigrant otherwise meet the 
identification standards set out in the bill, a State must only 
provide a temporary license or certificate limited to one 
year's duration and clearly marked as not for identification, 
with the notification to the holder that it is not valid for 
federal identification or official federal purposes.
      202(c)(3)(C) The Act, for purposes of validating states' 
determination of lawful presence requires that all States enter 
into a memorandum of understanding with the Secretary of 
Homeland Security to routinely utilize the automated system 
known as Systematic Alien Verification for Entitlements, to 
verify the legal presence status of a person, other than a 
United States citizen or national, applying for a driver's 
license or identification card.
      Section 202(d) Other requirements are each new procedural 
standards to be addressed by regulations to be established by 
DHS under the Act.
      202(d)(1) Obtaining and retaining digital images of 
applicants will assist in expediting applicant identity 
confirmation for license and ID card renewal process. It will 
also assist with preventing fraud, and facilitate those states 
using photo comparison software to identify such frauds, and 
safeguard against identity theft.
      202(d)(2) requires states to keep records of source 
documents (birth certificates, etc.) for at least 7 years 
primarily to allow for renewal of driver's licenses without 
requiring license holders to bring back identity confirming 
documents. It also establishes a minimum duration during which 
documentation is available to law enforcement officers 
investigating and prosecuting suspected identity concealment by 
criminals and terrorists, as well as obtaining proof and 
assistance with identity theft crimes. This corrects a current 
problem in which states don't retain records at all, or destroy 
them after a few months, hence destroying both the audit trail 
of proof of valid documents needed to issue a license, as well 
as fraudulent documents used by law breakers until subsequently 
discovered by investigators. Although the FBI has provided the 
counts now used about the false identities maintained by the 19 
9-11 terrorists, they may in fact have had more, as state 
records systems are sometimes so poor that few source documents 
are available to confirm or deny. The goal is to move all the 
state's records into electronic format, with each state 
consolidating electronic records otherwise maintained at County 
level at the State level. The cost is much lower than the paper 
filing system still maintained by some States. The initial 
capital cost for the state is not insignificant, but the 
incremental savings are great. Although this Act will require 
licenses be re-issued after every eight years, states will need 
to have original document records to discern whether the birth 
certificate was valid that was originally presented when the 
prior license was issued. The Social Security Administration is 
pursuing a birth certificate records system with the States 
that is beginning to have an effect in a few pilot states, 
which program will be further accelerated by the program put 
into law through the Intelligence Reform Act that will reduce 
the state's need to retain a separate record of document images 
or paper records.
      202(d)(3) The requirement to photograph each applicant 
has as its purpose capturing a recorded photograph of 
applicants who may be denied a license for insufficient 
documents or documents that are recognized as fraudulent. This 
will primarily act as a deterrent to attempted fraud, once the 
public becomes aware of this new procedure, since frauds and 
others using false identities will understand that their 
photograph will be available to law enforcement even if they 
are denied a license or ID card. It is a particularly important 
tool for federal law enforcement investigating suspected 
terrorism and identity theft.
      202(d)(4) The requirement to establish an effective 
procedure to confirm or verify a renewing applicant's 
information will establish a qualitative floor standard to 
correct the current problem in some states where license and ID 
card renewal is done without adequate confirmation of identity 
of the applicant. Those inadequate procedures are both a source 
of identity theft and a vulnerability that terrorists might 
exploit.
      202(d)(5) imposes an important requirement to correct a 
current practice of many states in which multiple driver's 
licenses with multiple names are allowed to use the same 
reference Social Security Number as the ``reference'' SSN to 
confirm identity. In the event that a SSN is already registered 
to or associated with another person to which any state has 
issued a driver's license or identification card, the state 
shall resolve the discrepancy and take appropriate action. The 
need for this requirement is illustrated by what was found in 
Virginia and in New York State when state laws in each were 
changed post 9/11. In 2002, when Virginia began reconciling 
SSNs with the Social Security Administration, it found the SSNs 
of more than a quarter million of its license holders were 
``non-matches'' with the Social Security Administration's 
records. Similarly New York State found hundreds of thousands 
of similar license holders in its database.
      202(d)(6) corrects the current security vulnerability of 
state procedures where a license or ID card issued by another 
state is replaced with a new license or ID card without 
confiscating the ``old'' card or notifying the other state of 
the new issuance. Several of the 9/11 terrorists told the 
issuing states that they had lost their licenses so that they 
could have two valid licenses, and then used the duplicate to 
obtain a license in another state, allowing them to hold 
multiple licenses from multiple states. This practice of 
obtaining multiple licenses in multiple states is also 
routinely exercised by criminals and bad drivers for their 
respective illegal purposes, which this requirement will 
correct.
      202(d)(7) requiring improved physical security, addresses 
a growing problem of identity thieves and documents purveyors 
breaking into state facilities and stealing license stock 
blanks, printing machines, and sometimes actual computer hard 
drives in which current license holder data is stored.
      202(d)(8) subjects state personnel and contractors 
employed by the states who produce the driver's licenses to 
security clearance requirements. Investigations of driver's 
license insider corruption in Virginia, New Jersey and other 
states in the past three years revealed that a routine security 
investigation would have prevented key perpetrators from ever 
being employed to handle documents of high ``street'' value 
that can be sold to illegal aliens, criminals, terrorists, and 
identity thieves.
      202(d)(9) requires states to train employees to detect 
fraud ``before it happens'' to reduce vulnerability to 
terrorists, identity thieves, alien smugglers and illegal 
aliens with false documents and ``bad driver'' frauds. A few 
states do this now, and all states need to do this to improve 
the integrity of the license issuing process.
      202(d)(10) limits the term of validity of driver's 
licenses and ID cards to establish a maximum term, to address 
the current vulnerability to identity thieves who steal or 
purchase thevalid driver's license, and then assume the 
identity of a dead person or someone who has left the state, and go 
undiscovered for an indefinite period.
      202(d)(11) provides for those categories of special 
licenses issued by states for local or temporary purposes where 
the identity of the applicant cannot be assured, or for whom 
lawful presence is not determined. Examples of such licenses or 
Florida licenses issued as valid only for ``in state'' 
purposes, and certificates of driving privileges issued by 
Tennessee and Utah, for which the applicants cannot meet the 
identity confirmation requirements of the Act. Subparagraph A 
establishes the requirement that such documents and/or cards be 
clearly marked as not accepted for federal identification. The 
provision will allow the state to meet the terms of this act 
with regard to its non-standard licenses, provided DHS confirms 
its certification that its procedures don't provide any ``back 
doors'' to licenses or ID cards that are intended to be valid 
for federal identification or federal purposes. Subparagraph B 
requires a unique design or color indicator such as a special 
colored border so that federal officials can quickly recognize 
it is not valid for federal identification or federal purposes.
      202(d)(12) requires each state to be able to 
electronically access information contained in other states' 
motor vehicle databases. DHS will be expected to establish 
regulations which adequately protect the privacy of the holders 
of licenses and ID cards which meet the standards for federal 
identification and federal purposes. DHS regulations pertaining 
to the overall security of state databases to safeguard them 
from unauthorized access or any criminal abuse are not required 
by this Act because DHS is already subject to privacy 
protection standards through other federal laws pertaining to 
cyber security.
      202(d)(13) The requirement for states to maintain a motor 
vehicle database that contains all data fields printed on 
driver's licenses and identification cards is directed at those 
states which currently don't store adequate records to allow 
other states to confirm the validity of the original issues. 
This requirement is primarily to address identity management 
minimum standards, and to support the goal of ``only one 
license for one driver.'' This provision in both parts will 
correct a significant problem that has led to some states 
refusing to provide reciprocity to other states with regard to 
both adequate data and assurance of driver safety, particularly 
with regard to Driving Under the Influence citations.
      Section 203 of the conference agreement includes language 
modified from language proposed in section 204 of division B of 
the House bill. The Senate did not include similar language.
      Section 203. This section amends 18 U.S.C. 
Sec. 1028(a)(8), which makes it a federal crime to transport, 
transfer, or otherwise dispose of to another, materials or 
features used on a document of the type intended or commonly 
used for identification purposes. By replacing the phrase 
``false identification features'' with ``false or actual 
authentication features,'' this provision clarifies the scope 
of the criminal provision, making it a crime to traffic in 
identification features regardless of whether the feature is 
false. In addition, section 203(b) requires that the Secretary 
of Homeland Security enter conviction information into the 
appropriate aviation screening database. This provision should 
improve the security of the clearance process while reducing 
incidents of travelers being delayed because of similar names 
with people on the ``do not fly'' watch list.
      Section 204 of the conference agreement includes language 
modified from language proposed in section 205 of division B of 
the House bill. The Senate did not include similar language.
      Section 204 provides grants to states under the 
discretion of the Secretary of Homeland Security. This will 
require DHS to establish a process for grant requests, and the 
time table under which states will need to meet the 
requirements of the regulations. Some states are already in 
compliance with nearly all of the standards established by the 
act, and it will be incumbent upon DHS to recognize that grants 
should be only used to assist those states which cannot 
otherwise meet the minimum standards by the end of 2009. DHS 
will also need to establish internal certification procedures 
so that grants awarded are spent for the purposes identified. 
This provision also authorizes the Secretary to request funds 
and assign personnel for the administration of this Act through 
the normal process.
      Section 205 of the conference agreement includes language 
modified from language proposed in section 206 of division B of 
the House bill. The Senate did not include similar language.
      Section 205 requires the Secretary of Homeland Security 
to consult with the Secretary of Transportation and with the 
states in the process under which DHS issues regulations, sets 
standards, and issues grants under this title. This provision 
establishes that the Secretary, consistent with the 
Administrative Procedures Act, will follow a conventional 
regulatory notice procedure, including the established 
interagency notification regime, and will not engage in any 
other form of rulemaking, such as negotiated rule making.
      Section 205 also allows the Secretary of DHS to grant an 
extension of time only to meet the requirements of section 
202(a)(1), which means that all states must meet standards 
established by the regulation with a uniform deadline for their 
respective driver's licenses and ID cards to be used for 
Federal identification and federal purposes.
      Section 206 of the conference agreement includes language 
modified from language proposed in section 207 of division B of 
the House bill. The Senate did not include similar language.
      Section 206 also repeals overlapping and potentially 
conflicting provisions of the Intelligence Reform and Terrorism 
Prevention Act of 2004.
      Section 207 of the conference agreement includes language 
modified from language proposed in section 208 of division B of 
the House bill. The Senate did not include similar language.
      Section 207 provides a normal limitation on statutory 
construction to preserve the authorities and responsibilities 
of the Secretary of Transportation.

      TITLE III--BORDER INFRASTRUCTURE AND TECHNOLOGY INTEGRATION

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

                      TITLE IV--TEMPORARY WORKERS

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

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

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

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

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

                                  
