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[109th Congress Public Law 13]
[From the U.S. Government Printing Office]

[DOCID: f:publ013.109]

[[Page 119 STAT. 231]]

Public Law 109-13
109th Congress

                                 An Act

 
Making Emergency Supplemental Appropriations for Defense, the Global War 
on Terror, and Tsunami Relief, for the fiscal year ending September 30, 
  2005, and for other purposes. <<NOTE: May 11, 2005 -  [H.R. 1268]>> 

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

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

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

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

                     DIVISION B--REAL ID ACT OF 2005

SEC. 3. REFERENCES.

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

DIVISION <<NOTE: Emergency Supplemental Appropriations Act for Defense, 
   the Global War on Terror, and Tsunami Relief, 2005.>> A--EMERGENCY 
 SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE GLOBAL WAR ON TERROR, 
AND TSUNAMI RELIEF, 2005

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

[[Page 119 STAT. 232]]

                 TITLE I--DEFENSE-RELATED APPROPRIATIONS

                     DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                      Military Personnel, Air Force

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

                         Reserve Personnel, Army

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

                         Reserve Personnel, Navy

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

[[Page 119 STAT. 233]]

                     Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                   National Guard Personnel, Air Force

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

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

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

                     Operation and Maintenance, Navy

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

                 Operation and Maintenance, Marine Corps

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

[[Page 119 STAT. 234]]

                  Operation and Maintenance, Air Force

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

                 Operation and Maintenance, Defense-Wide

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

                 Operation and Maintenance, Army Reserve

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

                 Operation and Maintenance, Navy Reserve

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

             Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $24,920,000: Provided, That the amount

[[Page 119 STAT. 235]]

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

             Operation and Maintenance, Army National Guard

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

                    Afghanistan Security Forces Fund

                      (including transfer of funds)

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

[[Page 119 STAT. 236]]

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

                        Iraq Security Forces Fund

                      (including transfer of funds)

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

[[Page 119 STAT. 237]]

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

                               PROCUREMENT

                       Aircraft Procurement, Army

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

                        Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                     Procurement of Ammunition, Army

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

                         Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

[[Page 119 STAT. 238]]

                        Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                         Other Procurement, Navy

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

                        Procurement, Marine Corps

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

                     Aircraft Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

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

[[Page 119 STAT. 239]]

                        Procurement, Defense-Wide

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

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

          Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

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

[[Page 119 STAT. 240]]

                      National Defense Sealift Fund

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

                            RELATED AGENCIES

                Intelligence Community Management Account

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

         Drug Interdiction and Counter-Drug Activities, Defense

                      (including transfer of funds)

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

                     Office of the Inspector General

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

[[Page 119 STAT. 241]]

                         Defense Health Program

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

                          MILITARY CONSTRUCTION

                       Military Construction, Army

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

              Military Construction, Navy and Marine Corps

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

                    Military Construction, Air Force

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

                     GENERAL PROVISIONS, THIS TITLE

                       special transfer authority

                           (transfer of funds)

    Sec. 1001. Upon his determination that such action is necessary in 
the national interest, the Secretary of Defense may transfer between 
appropriations up to $3,000,000,000 of the funds made available to the 
Department of Defense in this title, except for military construction: 
Provided, <<NOTE: Notification.>> That the Secretary shall notify the 
Congress promptly of each transfer made pursuant to this authority: 
Provided further, That the transfer authority provided

[[Page 119 STAT. 242]]

in this section is in addition to any other transfer authority available 
to the Department of Defense: Provided further, That the authority in 
this section is subject to the same terms and conditions as the 
authority provided in section 8005 of the Department of Defense 
Appropriations Act, 2005, except for the fourth proviso: Provided 
further, That the amount made available by the transfer of funds in or 
pursuant to this section is designated as an emergency requirement 
pursuant to section 402 of the conference report to accompany S. Con. 
Res. 95 (108th Congress).

                       general transfer authority

                           (transfer of funds)

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

                         counter-drug activities

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

    (2) The Secretary of Defense may transfer vehicles, aircraft, and 
detection, interception, monitoring and testing equipment to said 
Governments for counter-drug activities.
    (3) For the Government of Afghanistan, the Secretary of Defense may 
also provide individual and crew-served weapons, and ammunition for 
counter-drug security forces.

                  extraordinary and emergency expenses

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

[[Page 119 STAT. 243]]

                             advance billing

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

                 commander's emergency response program

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

                           classified program

    Sec. 1007. Section 8090(b) of the Department of Defense 
Appropriations Act, 2005 (Public Law 108-287), <<NOTE: 118 Stat. 
992.>> is amended by striking ``$185,000,000'' and inserting 
``$210,000,000''.

                   limitation on civilian compensation

    Sec. 1008. (a) During calendar year 2005 and notwithstanding section 
5547 of title 5, United States Code, the head of an Executive agency may 
waive the limitation, up to $200,000, established in that section for 
total compensation, including limitations on the aggregate of basic pay 
and premium pay payable in a calendar year, to an employee who performs 
work while in an overseas location that is in the area of responsibility 
of the Commander of the U.S. Central Command, in support of, or related 
to--
            (1) a military operation, including a contingency operation; 
        or
            (2) an operation in response to a declared emergency.

    (b) To the extent that a waiver under subsection (a) results in 
payment of additional premium pay of a type that is normally creditable 
as basic pay for retirement or any other purpose, such additional pay 
shall not be considered to be basic pay for any purpose, nor shall it be 
used in computing a lump-sum payment for accumulated and accrued annual 
leave under section 5551 of title 5, United States Code.
    (c) The Director of the Office of Personnel Management may issue 
regulations to ensure appropriate consistency among heads of executive 
agencies in the exercise of authority granted by this section.

[[Page 119 STAT. 244]]

             office of the director of national intelligence

    Sec. 1009. Section 1096(b) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458), <<NOTE: 50 USC 401 
note.>> is amended--
            (1) by striking ``in the fiscal year after the effective 
        date of this Act'' and inserting in lieu thereof ``in the fiscal 
        years 2005 and 2006''; and
            (2) in paragraph (1) by striking ``500 new personnel 
        billets'' and inserting in lieu thereof ``the total of 500 new 
        personnel positions''.

                       coalition liaison officers

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

                        reserve affiliation bonus

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

                  servicemembers' group life insurance

    Sec. 1012. (a) Increased Maximum Amount of Servicembers' Group Life 
Insurance.--Section 1967 of title 38, United States Code, is amended--
            (1) in subsection (a)(3)(A), by striking clause (i) and 
        inserting the following new clause:
            ``(i) In the case of a member--
                    ``(I) $400,000 or such lesser amount as the member 
                may elect as provided in subparagraph (B);
                    ``(II) in the case of a member covered by subsection 
                (e), the amount provided for or elected by the member 
                under subclause (I) plus the additional amount of 
                insurance provided for the member by subsection (e); or
                    ``(III) in the case of a member covered by 
                subsection (e) who has made an election under paragraph 
                (2)(A) not to be insured under this subchapter, the 
                amount of insurance provided for the member by 
                subsection (e).''; and
            (2) in subsection (d), by striking ``$250,000'' and 
        inserting ``$400,000''.

    (b) Increments of Decreased Amounts Electable by Members.--
Subsection (a)(3)(B) of such section is amended by striking ``member or 
spouse'' in the last sentence and inserting ``member, be evenly 
divisible by $50,000 and, in the case of a member's spouse''.
    (c) Additional Amount for Members Serving in Certain Areas or 
Operations.--
            (1) Increased amount.--Section 1967 of such title is further 
        amended--

[[Page 119 STAT. 245]]

                    (A) by redesignating subsection (e) as subsection 
                (f); and
                    (B) by inserting after subsection (d) the following 
                new subsection (e):

    ``(e)(1) A member covered by this subsection is any member as 
follows:
            ``(A) Any member who dies as a result of one or more wounds, 
        injuries, or illnesses incurred while serving in an operation or 
        area that the Secretary designates, in writing, as a combat 
        operation or a zone of combat, respectively, for purposes of 
        this subsection.
            ``(B) Any member who formerly served in an operation or area 
        so designated and whose death is determined (under regulations 
        prescribed by the Secretary of Defense) to be the direct result 
        of injury or illness incurred or aggravated while so serving.

    ``(2) The additional amount of insurance under this subchapter that 
is provided for a member by this subsection is $150,000, except that in 
a case in which the amount provided for or elected by the member under 
subsection (a)(3)(A)(i)(I) exceeds $250,000, the additional amount of 
insurance under this subchapter that is provided for the member by this 
subsection shall be reduced to such amount as is necessary to comply 
with the limitation in paragraph (3).
    ``(3) The total amount of insurance payable for a member under this 
subchapter may not exceed $400,000.
    ``(4) While a member is serving in an operation or area designated 
as described in paragraph (1), the cost of insurance of the member under 
this subchapter that is attributable to $150,000 of insurance coverage 
shall, at the election of the Secretary concerned--
            ``(A) be contributed as provided in section 1969(b)(2) of 
        this title, rather through deduction or withholding from the 
        member's pay; or
            ``(B) if deducted or withheld from the member's pay, be 
        reimbursed to the member through such mechanism as the Secretary 
        concerned determines appropriate.''.
            (2) Funding.--Section 1969(b) of such title is amended--
                    (A) by inserting ``(1)'' after ``(b)''; and
                    (B) by adding at the end the following new 
                paragraph:

    ``(2) For each month for which a member insured under this 
subchapter is serving in an operation or area designated as described by 
paragraph (1)(A) of section 1967(e) of this title, there may, at the 
election of the Secretary concerned under paragraph (4)(A) of such 
section, be contributed from the appropriation made for active duty pay 
of the uniformed service concerned an amount determined by the Secretary 
and certified to the Secretary concerned to be the cost of 
Servicemembers' Group Life Insurance which is traceable to the cost of 
providing insurance for the member under section 1967 of this title in 
the amount of $150,000.''.
    (d) Conforming Amendment.--Section 1967(a)(2)(A) of such title is 
amended by inserting before the period at the end the following: ``, 
except with respect to insurance provided under paragraph 
(3)(A)(i)(III)''.
    (e) Coordination With VGLI.--Section 1977(a) of such title is 
amended--

[[Page 119 STAT. 246]]

            (1) by striking ``$250,000'' each place it appears and 
        inserting ``$400,000''; and
            (2) by adding at the end of paragraph (1) the following new 
        sentence: ``Any additional amount of insurance provided a member 
        under section 1967(e) of this title may not be treated as an 
        amount for which Veterans' Group Life Insurance shall be issued 
        under this section.''.

    (f) Requirements Regarding Elections of Members to Reduce or Decline 
Insurance.--Section 1967(a) of such title is further amended--
            (1) in paragraph (2), by adding at the end the following new 
        subparagraph:

    ``(C) <<NOTE: Regulations. Notice.>> Pursuant to regulations 
prescribed by the Secretary of Defense, notice of an election of a 
member with a spouse not to be insured under this subchapter, or to be 
insured under this subchapter in an amount less than the maximum amount 
provided under paragraph (3)(A)(i)(I), shall be provided to the spouse 
of the member.''; and
            (2) in paragraph (3)--
                    (A) in the matter preceding clause (i), by striking 
                ``and (C)'' and inserting ``, (C), and (D)''; and
                    (B) by adding at the end the following new 
                subparagraphs:

    ``(D) A member with a spouse may not elect not to be insured under 
this subchapter, or to be insured under this subchapter in an amount 
less than the maximum amount provided under subparagraph (A)(i)(I), 
without the written consent of the spouse.
    ``(E) <<NOTE: Notice. Regulations.>> Whenever a member who is not 
married elects not to be insured under this subchapter, or to be insured 
under this subchapter in an amount less than the maximum amount provided 
for under subparagraph (A)(i)(I), the Secretary concerned shall provide 
a notice of such election to any person designated by the member as a 
beneficiary or designated as the member's next-of-kin for the purpose of 
emergency notification, as determined under regulations prescribed by 
the Secretary of Defense.''.

    (g) Requirement Regarding Redesignation of Beneficiaries.--Section 
1970 of such title is amended by adding at the end the following new 
subsection:
    ``(j) A member with a spouse may not modify the beneficiary or 
beneficiaries designated by the member under subsection (a) without 
providing written notice of such modification to the spouse.''.
    (h) <<NOTE: 38 USC 1967 note.>> Effective Date.--This section and 
the amendments made by this section shall take effect on the first day 
of the first month that begins more than 90 days after the date of the 
enactment of this Act.

    (i) Termination.--The amendments made by this section shall 
terminate on September 30, 2005. <<NOTE: Effective date.>> Effective on 
October 1, 2005, the provisions of sections 1967, 1969, 1970, and 1977 
of title 38, United States Code, as in effect on the day before the date 
of the enactment of this Act shall be revived.

                             death gratuity

    Sec. 1013. (a) Increase in Death Gratuity.--
            (1) Amount.--Section 1478 of title 10, United States Code, 
        is amended--

[[Page 119 STAT. 247]]

                    (A) in subsection (a), by inserting ``, except as 
                provided in subsections (c), (e), and (f)'' after 
                ``$12,000'';
                    (B) by redesignating subsection (c) as subsection 
                (d); and
                    (C) by inserting after subsection (b) the following 
                new subsection (c):

    ``(c) The death gratuity payable under sections 1475 through 1477 of 
this title is $100,000 in the case of a death resulting from wounds, 
injuries, or illnesses that are--
            ``(1) incurred as described in section 1413a(e)(2) of this 
        title; or
            ``(2) incurred in an operation or area designated as a 
        combat operation or a combat zone, respectively, by the 
        Secretary of Defense under section 1967(e)(1)(A) of title 38.''.
            (2) Conforming amendment.--Subsection (a) of such section, 
        as amended by paragraph (1), is further amended by striking 
        ``(as adjusted under subsection (c))'' and inserting ``(as 
        adjusted under subsection (d))''.

    (b) Retroactive Payment of Death Gratuity for Deaths After October 
7, 2001, From Combat-Related Causes or Causes Incurred in Combat 
Operations or Areas.--Such section is further amended by adding at the 
end the following new subsection:
    ``(e)(1) In the case of a person described in paragraph (2), a death 
gratuity shall be payable in accordance with this subsection for the 
death of such person that is in addition to the death gratuity payable 
in the case of such death under subsection (a).
    ``(2) <<NOTE: Applicability.>> This subsection applies in the case 
of a member of the armed forces who dies before the date of the 
enactment of this subsection as a direct result of one or more wounds, 
injuries, or illnesses that--
            ``(A) were incurred in the theater of operations of 
        Operation Enduring Freedom or Operation Iraqi Freedom; or
            ``(B) were incurred as described in section 1413a(e)(2) of 
        this title on or after October 7, 2001.

    ``(3) The amount of additional death gratuity payable under this 
subsection shall be $238,000, of which--
            ``(A) $150,000 shall be paid in the manner specified in 
        paragraph (4); and
            ``(B) $88,000 shall be paid in the manner specified in 
        paragraph (5).

    ``(4) A payment pursuant to paragraph (3)(A) by reason of a death 
covered by this subsection shall be paid--
            ``(A) to a beneficiary in proportion to the share of 
        benefits applicable to such beneficiary in the payment of life 
        insurance proceeds paid on the basis of that death under the 
        Servicemembers Group Life Insurance program under subchapter III 
        of chapter 19 of title 38; or
            ``(B) in the case of a person who elected not to be insured 
        under the provisions of that subchapter, in equal shares to the 
        person or persons who would have received proceeds under those 
        provisions of law for a member who is insured under that 
        subchapter but does not designate named beneficiaries.

    ``(5) A payment pursuant to paragraph (3)(B) by reason of a death 
covered by this subsection shall be paid equal shares to the 
beneficiaries who were paid the death gratuity that was paid with 
respect to that death under this section.''.

[[Page 119 STAT. 248]]

    (c) Payment of Death Gratuity for Certain Other Deaths From Combat-
Related Causes or Causes Incurred in Combat Operations or Areas.--Such 
section is further amended by adding at the end the following new 
subsection:
    ``(f)(1) In the case of a person described in paragraph (2), a death 
gratuity shall be payable in accordance with this subsection for the 
death of such person that is in addition to the death gratuity payable 
in the case of such death under subsection (e).
    ``(2) <<NOTE: Applicability.>> This subsection applies in the case 
of a member of the armed forces who dies during the period beginning on 
the date of the enactment of this subsection and ending on the first day 
of the first month that begins more than 90 days after such date of one 
or more wounds, injuries, or illnesses that--
            ``(A) are incurred in the theater of operations of Operation 
        Enduring Freedom or Operation Iraqi Freedom; or
            ``(B) are incurred as described in section 1413a(e)(2) of 
        this title.

    ``(3) The amount of additional death gratuity payable under this 
subsection shall be $150,000.
    ``(4) A payment pursuant to paragraph (3) by reason of a death 
covered by this subsection shall be paid--
            ``(A) to a beneficiary in proportion to the share of 
        benefits applicable to such beneficiary in the payment of life 
        insurance proceeds payable on the basis of that death under the 
        Servicemembers Group Life Insurance program under subchapter III 
        of chapter 19 of title 38; or
            ``(B) in the case of a person who elected not to be insured 
        under the provisions of that subchapter, in equal shares to the 
        person or persons who receive proceeds under those provisions of 
        law for a member who is insured under that subchapter but does 
        not designate named beneficiaries.''.

    (d) <<NOTE: 10 USC 1478 note.>> Effective Date.--This section and 
the amendments made by this section shall take effect on the date of the 
enactment of this Act.

    (e) Termination.--
            (1) In general.--This section and the amendment made by this 
        subsection shall terminate on September 30, 2005. 
        Effective <<NOTE: Effective date.>> as of October 1, 2005, the 
        provisions of section 1478 of title 10, United States Code, as 
        in effect on the date before the date of the enactment of this 
        Act shall be revived.
            (2) Continuing obligation to pay.--Any amount of additional 
        death gratuity payable under section 1478 of title 10, United 
        States Code, by reason of the amendments made by subsections (b) 
        and (c) of this section that remains payable as of September 30, 
        2005, shall, notwithstanding paragraph (1), remain payable after 
        that date until paid.

                  intelligence activities authorization

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

[[Page 119 STAT. 249]]

                    prohibition of new start programs

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

                    chemical weapons demilitarization

    Sec. 1016. 
(a)(1) <<NOTE: Deadline. Kentucky. Colorado.>> Notwithstanding section 
917 of Public Law 97-86, as amended, of the funds appropriated or 
otherwise made available by the Department of Defense Appropriations 
Act, 2005 (Public Law 108-287), the Military Construction Appropriations 
and Emergency Hurricane Supplemental Appropriations Act, 2005 (Public 
Law 108-324), and other Acts for the purpose of the destruction of the 
United States stockpile of lethal chemical agents and munitions at Blue 
Grass Army Depot, Kentucky, and Pueblo Chemical Depot, Colorado, the 
unobligated balance as of the date of enactment of this Act, shall 
remain available for obligation solely for such purpose and shall be 
made available not later than 30 days after the date of the enactment of 
this Act to the Program Manager for Assembled Chemical Weapons 
Alternatives for activities related to such purpose at Blue Grass Army 
Depot, Kentucky, and Pueblo Chemical Depot, Colorado.

    (2) <<NOTE: Deadline.>> Of the funds made available under paragraph 
(a)(1), not less than $100,000,000 shall be obligated not later than 120 
days after the date of the enactment of this Act.

    (b)(1) Notwithstanding section 917 of Public Law 97-86, as amended, 
none of the funds appropriated or otherwise made available by the 
Department of Defense Appropriations Act, 2005, the Military 
Construction Appropriations and Emergency Hurricane Supplemental 
Appropriations Act, 2005, and other Acts for the purpose of the 
destruction of the United States stockpile of lethal chemical agents and 
munitions at Blue Grass Army Depot, Kentucky, and Pueblo Chemical Depot, 
Colorado, may be deobligated, transferred, or reprogrammed out of the 
Assembled Chemical Weapons Alternatives Program.
    (2) The amount appropriated or otherwise made available by the 
Department of Defense Appropriations Act, 2005, the Military

[[Page 119 STAT. 250]]

Construction Appropriations and Emergency Hurricane Supplemental 
Appropriations Act, 2005, and other Acts for the purpose of the 
destruction of the United States stockpile of lethal chemical agents and 
munitions at Blue Grass Army Depot, Kentucky, and Pueblo Chemical Depot, 
Colorado, is $813,440,000.
    (c) No funds appropriated or otherwise made available to the 
Secretary of Defense under this Act or any other Act may be obligated or 
expended to finance directly or indirectly any study related to the 
transportation of chemical weapons across State lines.

                  philadelphia regional port authority

    Sec. 1017. Section 115 of division H of Public <<NOTE: 118 Stat. 
439.>> Law 108-199 is amended by striking all after ``made available'' 
and substituting ``, notwithstanding section 2218(c)(1) of title 10, 
United States Code, for a grant to Philadelphia Regional Port Authority, 
to be used solely for the purpose of construction, by and for a 
Philadelphia-based company established to operate high-speed, advanced-
design vessels for the transport of high-value, time-sensitive cargoes 
in the foreign commerce of the United States, of a marine cargo terminal 
and IT network for high-speed commercial vessels that is capable of 
supporting military sealift requirements.'': Provided, That of the funds 
provided in Public Law 108-287 under the heading ``Operation and 
Maintenance, Army'' for Woody Island and Historic Structure, $1,000,000 
shall be made available in the form of a grant for these purposes.

                         lpd-17 cost adjustment

                           (transfer of funds)

    Sec. 1018. Upon enactment of this Act, the Secretary of Defense 
shall make the following transfer of funds: Provided, That funds so 
transferred shall be merged with and shall be available for the same 
purpose and for the same time period as the appropriation to which 
transferred: Provided further, That the amounts shall be transferred 
between the following appropriations in the amounts specified:
            From:
                    Under the heading ``Shipbuilding and Conversion, 
                Navy, 2005/2009'':
                          LCU (X), $19,000,000.
            To:
                    Under the heading ``Shipbuilding and Conversion, 
                Navy, 1996/2008'':
                          LPD-17, $19,000,000:

Provided further, That the amount made available by the transfer of 
funds in or pursuant to this section is designated as an emergency 
requirement pursuant to section 402 of the conference report to 
accompany S. Con. Res. 95 (108th Congress).

   prohibition on competition of the next generation destroyer (dd(x))

    Sec. 1019. (a) No funds appropriated or otherwise made available by 
this Act, or by prior Acts, may be obligated or expended to prepare for, 
conduct, or implement a strategy for the acquisition

[[Page 119 STAT. 251]]

of the next generation destroyer (DD(X)) program through a winner-take-
all strategy.
    (b) Winner-take-all Strategy Defined.--In this section, the term 
``winner-take-all strategy'', with respect to the acquisition of 
destroyers under the next generation destroyer program, means the 
acquisition (including design and construction) of such destroyers 
through a single shipyard.

                              civilian pay

    Sec. 1020. <<NOTE: 5 USC 9902 note.>> None of the funds appropriated 
to the Department of Defense by this Act or any other Act for fiscal 
year 2005 or any other fiscal year may be expended for any pay raise 
granted on or after January 1, 2005, that is implemented in a manner 
that provides a greater increase for non-career employees than for 
career employees on the basis of their status as career or non-career 
employees, unless specifically authorized by law: Provided, That this 
provision shall be implemented for fiscal year 2005 without regard to 
the requirements of section 5383 of title 5, United States Code: 
Provided further, That no employee of the Department of Defense shall 
have his or her pay reduced for the purpose of complying with the 
requirements of this provision.

                    industrial mobilization capacity

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

               basic allowance for housing for dependents

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

                    prohibition on charges for meals

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

[[Page 119 STAT. 252]]

the provisions of section 402 of title 37, United States Code, as in 
effect on the date before the date of the enactment of this Act shall be 
revived.

 requests for future funding for military operations in afghanistan and 
                                  iraq

    Sec. 1024. (a) Findings.--The Senate makes the following findings:
            (1) The Department of Defense Appropriations Act, 2004 
        (Public Law 108-87) and the Department of Defense Appropriations 
        Act, 2005 (Public Law 108-287) each contain a sense of the 
        Senate provision urging the President to provide in the annual 
        budget requests of the President for a fiscal year under section 
        1105(a) of title 31, United States Code, an estimate of the cost 
        of ongoing military operations in Iraq and Afghanistan in such 
        fiscal year.
            (2) The budget for fiscal year 2006 submitted to Congress by 
        the President on February 7, 2005, requests no funds for fiscal 
        year 2006 for ongoing military operations in Iraq or 
        Afghanistan.
            (3) According to the Congressional Research Service, there 
        exists historical precedent for including the cost of ongoing 
        military operations in the annual budget requests of the 
        President following initial funding for such operations by 
        emergency or supplemental appropriations Acts, including--
                    (A) funds for Operation Noble Eagle, beginning in 
                the budget request of President George W. Bush for 
                fiscal year 2005;
                    (B) funds for operations in Kosovo, beginning in the 
                budget request of President George W. Bush for fiscal 
                year 2001;
                    (C) funds for operations in Bosnia, beginning in 
                budget request of President Clinton for fiscal year 
                1997;
                    (D) funds for operations in Southwest Asia, 
                beginning in the budget request of President Clinton for 
                fiscal year 1997;
                    (E) funds for operations in Vietnam, beginning in 
                the budget request of President Johnson for fiscal year 
                1966; and
                    (F) funds for World War II, beginning in the budget 
                request of President Roosevelt for fiscal year 1943.
            (4) The Senate has included in its version of the fiscal 
        year 2006 budget resolution, which was adopted by the Senate on 
        March 17, 2005, a reserve fund of $50,000,000,000 for overseas 
        contingency operations, but the determination of that amount 
        could not take into account any Administration estimate on the 
        projected cost of such operations in fiscal year 2006.
            (5) In February 2005, the Congressional Budget Office 
        estimated that fiscal year 2006 costs for ongoing military 
        operations in Iraq and Afghanistan could total $65,000,000,000.

    (b) Sense of Senate.--It is the sense of the Senate that--
            (1) any request for funds for a fiscal year after fiscal 
        year 2006 for an ongoing military operation overseas, including 
        operations in Afghanistan and Iraq, should be included in the 
        annual budget of the President for such fiscal year as submitted

[[Page 119 STAT. 253]]

        to Congress under section 1105(a) of title 31, United States 
        Code;
            (2) <<NOTE: President. Deadline.>> the President should 
        submit to Congress, not later than September 1, 2005, an 
        amendment to the budget of the President for fiscal year 2006 
        that was submitted to Congress under section 1105(a) of title 
        31, United States Code, setting forth detailed cost estimates 
        for ongoing military operations overseas during such fiscal 
        year; and
            (3) any funds provided for a fiscal year for ongoing 
        military operations overseas should be provided in 
        appropriations Acts for such fiscal year through appropriations 
        to specific accounts set forth in such appropriations Acts.

    (c) <<NOTE: 10 USC 113 note.>> Additional Requirements for Certain 
Reports.--(1) Each semiannual report to Congress required under a 
provision of law referred to in paragraph (2) shall include, in addition 
to the matters specified in the applicable provision of law, the 
following:
            (A) A statement of the cumulative total of all amounts 
        obligated, and of all amounts expended, as of the date of such 
        report for Operation Enduring Freedom.
            (B) A statement of the cumulative total of all amounts 
        obligated, and of all amounts expended, as of the date of such 
        report for Operation Iraqi Freedom.
            (C) An estimate of the reasonably foreseeable costs for 
        ongoing military operations to be incurred during the 12-month 
        period beginning on the date of such report.

    (2) The provisions of law referred to in this paragraph are as 
follows:
            (A) Section 1120 of the Emergency Supplemental 
        Appropriations Act for Defense and for the Reconstruction of 
        Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1219; 
        10 U.S.C. 113 note).
            (B) Section 9010 of the Department of Defense Appropriations 
        Act, 2005 (Public Law 108-287; 118 Stat. 1008; 10 U.S.C. 113 
        note).

                      aircraft carriers of the navy

    Sec. 1025. (a) Funding for Repair and Maintenance of U.S.S. John F. 
Kennedy.--Of the amount appropriated to the Department of the Navy in 
this Act, necessary funding will be made available for such repair and 
maintenance of the U.S.S. John F. Kennedy as the Navy considers 
appropriate to extend the life of U.S.S. John F. Kennedy.
    (b) Limitation on Reduction in Number of Active Aircraft Carriers.--
No funds appropriated or otherwise made available in this Act may be 
obligated or expended to reduce the number of active aircraft carriers 
of the Navy below 12 active aircraft carriers until after the date of 
the submittal to Congress of the quadrennial defense review required in 
2005 under section 118 of title 10, United States Code.
    (c) Active Aircraft Carriers.--For purposes of this section, an 
active aircraft carrier of the Navy includes an aircraft carrier that is 
temporarily unavailable for worldwide deployment due to routing or 
scheduled maintenance.
    (d) Pacific Fleet Authorities.--None of the funds available to the 
Department of the Navy may be obligated to modify command

[[Page 119 STAT. 254]]

and control relationships to give Fleet Forces Command administrative 
and operational control of U.S. Navy forces assigned to the Pacific 
fleet: Provided, That the command and control relationships which 
existed on October 1, 2004, shall remain in force unless changes are 
specifically authorized in a subsequent Act.

            travel for family of hospitalized servicemembers

    Sec. 1026. (a) Authority.--Subsection (a) of section 411h of title 
37, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) by inserting ``and'' at the end of subparagraph 
                (A); and
                    (B) by striking subparagraphs (B) and (C) and 
                inserting the following new subparagraph:
            ``(B) either--
                    ``(i) is seriously ill, seriously injured, or in a 
                situation of imminent death (whether or not electrical 
                brain activity still exists or brain death is declared), 
                and is hospitalized in a medical facility in or outside 
                the United States; or
                    ``(ii) is not described in clause (i), but has an 
                injury incurred in an operation or area designated as a 
                combat operation or combat zone, respectively, by the 
                Secretary of Defense under section 1967(e)(1)(A) of 
                title 38 and is hospitalized in a medical facility in 
                the United States for treatment of that injury.''; and
            (2) by adding at the end the following new paragraph:

    ``(3) Not more than one roundtrip may be provided to a family member 
under paragraph (1) on the basis of clause (ii) of paragraph (2)(B).''.
    (b) Conforming Amendments.--
            (1) Heading for amended section.--The heading for section 
        411h of such title is amended to read as follows:

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

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

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

    (c) Funding.--Funds for the provision of travel in fiscal year 2005 
under section 411h of title 37, United States Code, by reason of the 
amendments made by this section shall be derived as follows:
            (1) In the case of travel provided by the Department of the 
        Army, from amounts appropriated for fiscal year 2005 by this Act 
        and the Department of Defense Appropriations Act, 2005 (Public 
        Law 108-287) for the Operation and Maintenance, Army account.
            (2) In the case of travel provided by the Department of the 
        Navy, from amounts appropriated for fiscal year 2005 by the Acts 
        referred to in paragraph (1) for the Operation and Maintenance, 
        Navy account.
            (3) In the case of travel provided by the Department of the 
        Air Force, from amounts appropriated for fiscal year 2005

[[Page 119 STAT. 255]]

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

    (d) <<NOTE: 37 USC 411h note.>> Report on Travel in Excess of 
Certain Limit.--If in any fiscal year the amount of travel provided in 
such fiscal year under section 411h of title 37, United States Code, by 
reason of the amendments made by this section exceeds $20,000,000, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on that fact, including the total amount of travel 
provided in such fiscal year under such section 411h by reason of the 
amendments made by this section.

    (e) <<NOTE: 37 USC 411h note. Effective date.>> Termination.--The 
amendment made by this section shall terminate on September 30, 2005. 
Effective on October 1, 2005, the provisions of section 411h of title 
37, United States Code, as in effect on the date before the date of the 
enactment of this Act shall be revived.

 prohibition on termination of multiyear procurement contract for c/kc-
                              130j aircraft

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

                       purple heart commendations

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

              virtual training cockpit optimization program

                           (transfer of funds)

    Sec. 1029. Upon enactment of this Act, the Secretary of Defense 
shall make the following transfer of funds: Provided, That funds so 
transferred shall be merged with and shall be available for the same 
purpose and for the same time period as the appropriation to which 
transferred: Provided further, That the authority provided in this 
section is in addition to any other transfer authority available to the 
Department of Defense: Provided further, That the amounts shall be 
transferred between the following appropriations in the amounts 
specified:
            From:
                    Under the heading ``Aircraft Procurement, Army, 
                2004/2006'', $2,000,000.
            To:
                    Under the heading ``Research, Development, Test and 
                Evaluation, Army, 2004/2005'', $2,000,000:

Provided further, That these funds may only be used for the Virtual 
Training Cockpit Optimization Program: Provided further, That the amount 
made available by the transfer of funds in or pursuant to this section 
is designated as an emergency requirement pursuant

[[Page 119 STAT. 256]]

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

             transfer of funds for force protection programs

                           (transfer of funds)

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

Provided further, That the amounts made available by the transfer of 
funds in or pursuant to this section are designated as an emergency 
requirement pursuant to section 402 of the conference report to 
accompany S. Con. Res. 95 (108th Congress).

    prohibition on torture and cruel, inhuman, or degrading treatment

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

[[Page 119 STAT. 257]]

                       traumatic injury protection

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

``Sec. 1980A. Traumatic injury protection

    ``(a) A member who is insured under subparagraph (A)(i), (B), or 
(C)(i) of section 1967(a)(1) shall automatically be issued a traumatic 
injury protection rider that will provide for a payment not to exceed 
$100,000 if the member, while so insured, sustains a traumatic injury 
that results in a loss described in subsection (b)(1). The maximum 
amount payable for all injuries resulting from the same traumatic event 
shall be limited to $100,000. If a member suffers more than 1 such loss 
as a result of traumatic injury, payment will be made in accordance with 
the schedule in subsection (d) for the single loss providing the highest 
payment.
    ``(b)(1) A member who is issued a traumatic injury protection rider 
under subsection (a) is insured against such traumatic injuries, as 
prescribed by the Secretary, in collaboration with the Secretary of 
Defense, including, but not limited to--
            ``(A) total and permanent loss of sight;
            ``(B) loss of a hand or foot by severance at or above the 
        wrist or ankle;
            ``(C) total and permanent loss of speech;
            ``(D) total and permanent loss of hearing in both ears;
            ``(E) loss of thumb and index finger of the same hand by 
        severance at or above the metacarpophalangeal joints;
            ``(F) quadriplegia, paraplegia, or hemiplegia;
            ``(G) burns greater than second degree, covering 30 percent 
        of the body or 30 percent of the face; and
            ``(H) coma or the inability to carry out the activities of 
        daily living resulting from traumatic injury to the brain.

    ``(2) For purposes of this subsection--
            ``(A) the term `quadriplegia' means the complete and 
        irreversible paralysis of all 4 limbs;
            ``(B) the term `paraplegia' means the complete and 
        irreversible paralysis of both lower limbs; and
            ``(C) the term `hemiplegia' means the complete and 
        irreversible paralysis of the upper and lower limbs on 1 side of 
        the body.

    ``(3) <<NOTE: Regulations.>> The Secretary, in collaboration with 
the Secretary of Defense, shall prescribe, by regulation, the conditions 
under which coverage against loss will not be provided.

    ``(c) A payment under this section may be made only if--
            ``(1) the member is insured under Servicemembers' Group Life 
        Insurance when the traumatic injury is sustained;

[[Page 119 STAT. 258]]

            ``(2) the loss results directly from that traumatic injury 
        and from no other cause; and
            ``(3) <<NOTE: Deadline.>> the member suffers the loss before 
        the end of the period prescribed by the Secretary, in 
        collaboration with the Secretary of Defense, which begins on the 
        date on which the member sustains the traumatic injury, except, 
        if the loss is quadriplegia, paraplegia, or hemiplegia, the 
        member suffers the loss not later than 365 days after sustaining 
        the traumatic injury.

    ``(d) Payments under this section for losses described in subsection 
(b)(1) shall be--
            ``(1) made in accordance with a schedule prescribed by the 
        Secretary, in collaboration with the Secretary of Defense;
            ``(2) based on the severity of the covered condition; and
            ``(3) in an amount that is equal to not less than $25,000 
        and not more than $100,000.

    ``(e)(1) During any period in which a member is insured under this 
section and the member is on active duty, there shall be deducted each 
month from the member's basic or other pay until separation or release 
from active duty an amount determined by the Secretary of Veterans 
Affairs as the premium allocable to the pay period for providing 
traumatic injury protection under this section (which shall be the same 
for all such members) as the share of the cost attributable to provided 
coverage under this section, less any costs traceable to the extra 
hazards of such duty in the uniformed services.
    ``(2) During any month in which a member is assigned to the Ready 
Reserve of a uniformed service under conditions which meet the 
qualifications set forth in section 1965(5)(B) of this title and is 
insured under a policy of insurance purchased by the Secretary of 
Veterans Affairs under section 1966 of this title, there shall be 
contributed from the appropriation made for active duty pay of the 
uniformed service concerned an amount determined by the Secretary of 
Veterans Affairs (which shall be the same for all such members) as the 
share of the cost attributable to provided coverage under this section, 
less any costs traceable to the extra hazards of such duty in the 
uniformed services. Any amounts so contributed on behalf of any member 
shall be collected by the Secretary of the concerned service from such 
member (by deduction from pay or otherwise) and shall be credited to the 
appropriation from which such contribution was made in advance on a 
monthly basis.
    ``(3) The Secretary of Veterans Affairs shall determine the premium 
amounts to be charged for traumatic injury protection coverage provided 
under this section.
    ``(4) The premium amounts shall be determined on the basis of sound 
actuarial principles and shall include an amount necessary to cover the 
administrative costs to the insurer or insurers providing such 
insurance.
    ``(5) Each premium rate for the first policy year shall be continued 
for subsequent policy years, except that the rate may be adjusted for 
any such subsequent policy year on the basis of the experience under the 
policy, as determined by the Secretary of Veterans Affairs in advance of 
that policy year.
    ``(6) The cost attributable to insuring such member under this 
section, less the premiums deducted from the pay of the member's 
uniformed service, shall be paid by the Secretary of Defense to

[[Page 119 STAT. 259]]

the Secretary of Veterans Affairs. <<NOTE: Notice. Deadline.>> This 
amount shall be paid on a monthly basis, and shall be due within 10 days 
of the notice provided by the Secretary of Veterans Affairs to the 
Secretary of the concerned uniformed service.

    ``(7) The Secretary of Defense shall provide the amount of 
appropriations required to pay expected claims in a policy year, as 
determined according to sound actuarial principles by the Secretary of 
Veterans Affairs.
    ``(8) <<NOTE: Effective date.>> The Secretary of Defense shall 
forward an amount to the Secretary of Veterans Affairs that is 
equivalent to half the anticipated cost of claims for the current fiscal 
year, upon the effective date of this legislation.

    ``(f) <<NOTE: Certification.>> The Secretary of Defense shall 
certify whether any member claiming the benefit under this section is 
eligible.

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

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

    (c) <<NOTE: 38 USC 1980A note.>> Retroactive Provision.--
            (1) In general.--Any member who experienced a traumatic 
        injury (as described in section 1980A(b)(1) of title 38, United 
        States Code) between October 7, 2001, and the effective date 
        under subsection (d), is eligible for coverage provided in such 
        section 1980A if the qualifying loss was a direct result of 
        injuries incurred in Operation Enduring Freedom or Operation 
        Iraqi Freedom.
            (2) Certification; payment.--The Secretary of Defense 
        shall--
                    (A) certify to the Office of Servicemembers' Group 
                Life Insurance the names and addresses of those members 
                the Secretary of Defense determines to be eligible for 
                retroactive traumatic injury benefits under such section 
                1980A; and
                    (B) forward to the Secretary of Veterans Affairs, at 
                the time the certification is made under subparagraph 
                (A), an amount of money equal to the amount the 
                Secretary of Defense determines to be necessary to pay 
                all cost related to claims for retroactive benefits 
                under such section 1980A.

    (d) <<NOTE: 38 USC 1980A note.>> Effective Date.--

[[Page 119 STAT. 260]]

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

         amounts from prior year iraq freedom fund appropriation

                          (rescission of funds)

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

                          technical correction

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

                       defense transfer authority

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

 re-use and redevelopment of closed or realigned military installations

    Sec. 1036. (a) <<NOTE: Deadline. Reports.>> In order to assist 
communities with preparations for the results of the 2005 round of 
defense base closure and realignment, and consistent with assistance 
provided to communities by the Department of Defense in previous rounds 
of base closure and realignment, the Secretary of Defense shall, not 
later than July 15, 2005, submit to the congressional defense committees 
a report on the processes and policies of the Federal Government for 
disposal of property at military installations proposed to be closed or 
realigned as part of the 2005 round of base closure and realignment, and 
the assistance available to affected local communities for re-use and 
redevelopment decisions.

    (b) The report under subsection (a) shall include--

[[Page 119 STAT. 261]]

            (1) a description of the processes of the Federal Government 
        for disposal of property at military installations proposed to 
        be closed or realigned;
            (2) a description of Federal Government policies for 
        providing re-use and redevelopment assistance;
            (3) a catalogue of community assistance programs that are 
        provided by the Federal Government related to the re-use and 
        redevelopment of closed or realigned military installations;
            (4) a description of the services, policies, and resources 
        of the Department of Defense that are available to assist 
        communities affected by the closing or realignment of military 
        installations as a result of the 2005 round of base closure and 
        realignment;
            (5) guidance to local communities on the establishment of 
        local redevelopment authorities and the implementation of a base 
        redevelopment plan; and
            (6) a description of the policies and responsibilities of 
        the Department of Defense related to environmental clean-up and 
        restoration of property disposed by the Federal Government.

                         camp joseph t. robinson

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

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

                                CHAPTER 1

                        DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service

                     public law 480 title ii grants

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

[[Page 119 STAT. 262]]

                                CHAPTER 2

                 DEPARTMENT OF STATE AND RELATED AGENCY

                           DEPARTMENT OF STATE

                    Administration of Foreign Affairs

                    diplomatic and consular programs

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

             embassy security, construction, and maintenance

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

                       INTERNATIONAL ORGANIZATIONS

         Contributions for International Peacekeeping Activities

                      (including transfer of funds)

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

                             RELATED AGENCY

                     BROADCASTING BOARD OF GOVERNORS

                  International Broadcasting Operations

    For an additional amount for ``International Broadcasting 
Operations'' for activities related to broadcasting to the broader 
Middle East, $4,800,000, to remain available until September 30, 2006: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of

[[Page 119 STAT. 263]]

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

                    Broadcasting Capital Improvements

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

                      BILATERAL ECONOMIC ASSISTANCE

                   FUNDS APPROPRIATED TO THE PRESIDENT

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

              International Disaster and Famine Assistance

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

    Operating Expenses of the United States Agency for International 
                               Development

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

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

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

[[Page 119 STAT. 264]]

                   OTHER BILATERAL ECONOMIC ASSISTANCE

                          Economic Support Fund

                      (including transfer of funds)

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

    Assistance for the Independent States of the Former Soviet Union

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

                           DEPARTMENT OF STATE

           International Narcotics Control and Law Enforcement

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

[[Page 119 STAT. 265]]

                    Migration and Refugee Assistance

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

     Nonproliferation, Anti-Terrorism, Demining and Related Programs

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

                           MILITARY ASSISTANCE

                   FUNDS APPROPRIATED TO THE PRESIDENT

                   Foreign Military Financing Program

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

                         Peacekeeping Operations

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

[[Page 119 STAT. 266]]

                    GENERAL PROVISIONS, THIS CHAPTER

                         voluntary contribution

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

                          (rescission of funds)

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

                            audit requirement

    Sec. 2103. Section 559 of division D of Public <<NOTE: 118 Stat. 
3019.>> Law 108-447 is amended by adding at the end the following:

    ``(e) Subsequent to the certification specified in subsection (a), 
the Comptroller General of the United States shall conduct an audit and 
an investigation of the treatment, handling, and uses of all funds for 
the bilateral West Bank and Gaza Program in fiscal year 2005 under the 
heading `Economic Support Fund'. The audit shall address--
            ``(1) the extent to which such Program complies with the 
        requirements of subsections (b) and (c), and
            ``(2) an examination of all programs, projects, and 
        activities carried out under such Program, including both 
        obligations and expenditures.''.

                          reporting requirement

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

                            audit requirement

    Sec. 2105. The Comptroller General of the United States shall 
conduct an audit of the use of all funds for the bilateral Afghanistan 
counternarcotics and alternative livelihood programs in fiscal year

[[Page 119 STAT. 267]]

2005 under the heading ``Economic Support Fund'' and ``International 
Narcotics Control and Law Enforcement'': Provided, That the audit shall 
include an examination of all programs, projects and activities carried 
out under such programs, including both obligations and expenditures.

                          reporting requirement

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

                         reprogramming authority

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

                  marla ruzicka iraqi war victims fund

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

[[Page 119 STAT. 268]]

                           candidate countries

    Sec. 2109. Section 616(b)(1) of the Millennium Challenge Act of 2003 
(Public Law 108-199) <<NOTE: 22 USC 7715.>> is amended--
            (1) by striking ``subparagraphs (A) and (B) of section 
        606(a)(1)''; and
            (2) inserting in lieu thereof ``subsection (a) or (b) of 
        section 606''.

                 humanitarian assistance code of conduct

    Sec. 2110. <<NOTE: 22 USC 2370b.>> (a) None of the funds made 
available for foreign operations, export financing, and related programs 
under the headings ``Migration and Refugee Assistance'', ``United States 
Emergency Refugee and Migration Assistance Fund'', ``International 
Disaster and Famine Assistance'', or ``Transition Initiatives'' may be 
obligated to an organization that fails to adopt a code of conduct that 
provides for the protection of beneficiaries of assistance under any 
such heading from sexual exploitation and abuse in humanitarian relief 
operations.

    (b) The code of conduct referred to in subsection (a) shall, to the 
maximum extent practicable, be consistent with the six core principles 
of the United Nations Inter-Agency Standing Committee Task Force on 
Protection From Sexual Exploitation and Abuse in Humanitarian Crises.
    (c) <<NOTE: Deadline. President. Reports.>> Not later than 180 days 
after the date of the enactment of this Act, and not later than one year 
after the date of the enactment of this Act, the President shall 
transmit to the appropriate congressional committees a report on the 
implementation of this section.

    (d) <<NOTE: Effective date. Applicability.>> This section shall take 
effect 60 days after the date of the enactment of this Act and shall 
apply to funds obligated after such date for fiscal year 2005 and any 
subsequent fiscal year.

                       joint explanatory statement

    Sec. 2111. (a) Funds provided in this Act for the following accounts 
shall be made available for programs and countries in the amounts 
contained in the joint explanatory statement of managers accompanying 
this Act:
            ``Economic Support Fund''; and
            ``Assistance for the Independent States of the Former Soviet 
        Union''.

    (b) Any proposed increases or decreases to the amounts contained in 
such tables in the joint explanatory statement of managers shall be 
subject to the regular notification procedures of the Committees on 
Appropriations and section 634A of the Foreign Assistance Act of 1961.

[[Page 119 STAT. 269]]

        TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON TERROR

                                CHAPTER 1

                          DEPARTMENT OF ENERGY

                National Nuclear Security Administration

                    defense nuclear nonproliferation

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

                                CHAPTER 2

                     DEPARTMENT OF HOMELAND SECURITY

                      CUSTOMS AND BORDER PROTECTION

                          Salaries and Expenses

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

                              Construction

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

                   IMMIGRATION AND CUSTOMS ENFORCEMENT

                          Salaries and Expenses

    For an additional amount for ``Salaries and Expenses'', 
$454,250,000, of which not less than $11,000,000 shall be available for 
the costs of increasing by no less than seventy-nine the level of full-
time equivalents on board on the date of enactment of this

[[Page 119 STAT. 270]]

Act: Provided, That of the total amount provided, $178,250,000 is 
available until September 30, 2006, of which $93,050,000 is for new 
investigators, enforcement agents, detention officers, and detention 
bedspace: Provided further, <<NOTE: Deadline.>> That the Secretary of 
Homeland Security shall provide the Committees on Appropriations of the 
Senate and the House of Representatives no later than June 15, 2005, 
with a plan for the expeditious implementation and execution of these 
funds: Provided further, That of the amount provided under this heading, 
$349,050,000 is designated as an emergency requirement pursuant to 
section 402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).

                        UNITED STATES COAST GUARD

                           Operating Expenses

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

               Acquisition, Construction, and Improvements

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

                 FEDERAL LAW ENFORCEMENT TRAINING CENTER

                          Salaries and Expenses

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

      Acquisition, Construction, Improvements, and Related Expenses

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

                                CHAPTER 3

                          DEPARTMENT OF JUSTICE

                         General Administration

                            detention trustee

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

[[Page 119 STAT. 271]]

                            Legal Activities

                          asset forfeiture fund

                              (rescission)

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

                     United States Marshals Service

                          salaries and expenses

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

                     Federal Bureau of Investigation

                          salaries and expenses

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

                     Drug Enforcement Administration

                          salaries and expenses

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

           Bureau of Alcohol, Tobacco, Firearms and Explosives

                          salaries and expenses

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

[[Page 119 STAT. 272]]

                                CHAPTER 4

                           LEGISLATIVE BRANCH

                        HOUSE OF REPRESENTATIVES

       Payment to Widows and Heirs of Deceased Members of Congress

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

                          Salaries and Expenses

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

                        Administrative Provisions

                      house services revolving fund

    Sec. 3401. (a) Section 103(b) of the Legislative Branch 
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 
3175) <<NOTE: 118 Stat. 3174.>> is amended to read as follows:

    ``(b) Use of Fees.--Any amounts paid as fees for the use of the 
exercise facility described in subsection (a) shall be deposited into 
the House Services Revolving Fund established under section 105.''.
    (b) Section 105(a) of such Act (2 U.S.C. 117m(a)) is amended by 
adding at the end the following new paragraph:
            ``(5) The payment of fees for the use of the exercise 
        facility described in section 103(a).''.

    (c) <<NOTE: Effective date. 2 USC 117m note.>> The amendments made 
by this section shall take effect as if included in the enactment of the 
Legislative Branch Appropriations Act, 2005.

                          technical corrections

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

[[Page 119 STAT. 273]]

                             CAPITOL POLICE

                            General Expenses

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

                        ARCHITECT OF THE CAPITOL

                             Capitol Grounds

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

                  Capitol Police Buildings and Grounds

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

                  TITLE IV--INDIAN OCEAN TSUNAMI RELIEF

                                CHAPTER 1

                   FUNDS APPROPRIATED TO THE PRESIDENT

                       OTHER BILATERAL ASSISTANCE

                Tsunami Recovery and Reconstruction Fund

                     (including transfers of funds)

    For necessary expenses to carry out the Foreign Assistance Act of 
1961, for emergency relief, rehabilitation, and reconstruction aid to 
countries affected by the tsunami and earthquakes of December 2004 and 
March 2005, and the Avian influenza virus, $656,000,000, to remain 
available until September 30, 2006: Provided, That these funds may be 
transferred by the Secretary of State to Federal agencies or accounts 
for any activity authorized under part I (including chapter 4 of part 
II) of the Foreign Assistance Act, or under the Agricultural Trade 
Development and Assistance Act of 1954, to accomplish the purposes 
provided herein: Provided further, That upon a determination that all or 
part of the funds so transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That funds 
appropriated under this heading may be used to reimburse fully accounts 
administered by the United States Agency for International Development 
for obligations incurred for the purposes provided

[[Page 119 STAT. 274]]

under this heading prior to enactment of this Act, including Public Law 
480 Title II grants: Provided further, That of the amounts provided 
herein: up to $10,000,000 may be transferred to and consolidated with 
``Development Credit Authority'' for the cost of direct loans and loan 
guarantees as authorized by sections 256 and 635 of the Foreign 
Assistance Act of 1961 in furtherance of the purposes of this heading; 
up to $17,500,000 may be transferred to and consolidated with 
``Operating Expenses of the United States Agency for International 
Development'', of which up to $2,000,000 may be used for administrative 
expenses to carry out credit programs administered by the United States 
Agency for International Development in furtherance of the purposes of 
this heading; up to $1,000,000 may be transferred to and consolidated 
with ``Operating Expenses of the United States Agency for International 
Development Office of Inspector General''; and up to $5,000,000 may be 
transferred to and consolidated with ``Emergencies in the Diplomatic and 
Consular Service'' for the purpose of providing support services for 
United States citizen victims and related operations: Provided further, 
That of the funds appropriated under this heading, $5,000,000 should be 
made available for environmental recovery activities in tsunami affected 
countries: Provided further, That of the funds appropriated under this 
heading, $10,000,000 should be made available for programs and 
activities which create new economic opportunities for women: Provided 
further, That of the funds appropriated under this heading, $1,500,000 
should be made available for programs to address the needs of people 
with physical and mental disabilities resulting from the tsunami: 
Provided further, That of the funds appropriated under this heading, not 
less than $12,500,000 should be made available to support initiatives 
that focus on the immediate and long-term needs of children for 
protection and permanency, including the registration of unaccompanied 
children, the reunification of children with their immediate or extended 
families, the protection of women and children from violence and 
exploitation, and activities designed to prevent the capture of children 
by armed forces and promote the integration of war affected youth: 
Provided further, That of the funds appropriated under this heading, 
$20,000,000 should be made available for microenterprise development 
programs in countries affected by the tsunami, of which $5,000,000 
should be made available for microcredit programs, to be administered by 
the United States Agency for International Development: Provided 
further, That of the funds appropriated under this heading, $1,500,000 
should be made available for trafficking in persons monitoring and 
prevention programs and activities in tsunami affected countries: 
Provided further, <<NOTE: President.>> That the President is hereby 
authorized to defer and reschedule for such period as he may deem 
appropriate any amounts owed to the United States or any agency of the 
United States by those countries significantly affected by the tsunami 
and earthquakes of December 2004 and March 2005, including the Republic 
of Indonesia, the Republic of Maldives and the Democratic Socialist 
Republic of Sri Lanka: Provided further, That funds appropriated under 
this heading may be made available for the modification costs, as 
defined in section 502 of the Congressional Budget Act of 1974, if any, 
associated with any deferral and rescheduling authorized under this 
heading: Provided further, That such amounts shall not be considered 
``assistance'' for the purposes of provisions of law limiting assistance 
to any such affected country:

[[Page 119 STAT. 275]]

Provided further, That any agreement to defer and reschedule such debt 
will include a commitment by the recipient government that resources 
freed by the debt deferral will benefit directly the people affected by 
the tsunami: Provided further, That the Secretary of State shall arrange 
for an outside, independent evaluation of each government's compliance 
with the commitment: Provided further, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).

                    GENERAL PROVISIONS, THIS CHAPTER

                            annual limitation

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

                          reporting requirement

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

                         authorization of funds

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

[[Page 119 STAT. 276]]

                          avian influenza virus

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

                                CHAPTER 2

                     DEPARTMENT OF DEFENSE--MILITARY

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Navy

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

                 Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                 Operation and Maintenance, Defense-Wide

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

             Overseas Humanitarian, Disaster, and Civic Aid

    For an additional amount for ``Overseas Humanitarian, Disaster, and 
Civic Aid'', $36,000,000, to remain available until September 30, 2006: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to

[[Page 119 STAT. 277]]

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

                                CHAPTER 3

                     DEPARTMENT OF HOMELAND SECURITY

                        UNITED STATES COAST GUARD

                           Operating Expenses

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

                                CHAPTER 4

                       DEPARTMENT OF THE INTERIOR

                     United States Geological Survey

                  surveys, investigations, and research

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

                                CHAPTER 5

                         DEPARTMENT OF COMMERCE

             National Oceanic and Atmospheric Administration

                  operations, research, and facilities

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

[[Page 119 STAT. 278]]

                procurement, acquisition and construction

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

                 TITLE V--OTHER EMERGENCY APPROPRIATIONS

                                CHAPTER 1

                        DEPARTMENT OF AGRICULTURE

                 Natural Resources Conservation Service

                 emergency watershed protection program

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

                    GENERAL PROVISIONS, THIS CHAPTER

                          rural housing service

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

                     rural housing assistance grants

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

[[Page 119 STAT. 279]]

                   watershed projects in west virginia

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

                           farm service agency

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

                                CHAPTER 2

                       DEPARTMENT OF THE INTERIOR

                         Departmental Management

                          salaries and expenses

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

                             RELATED AGENCY

                        DEPARTMENT OF AGRICULTURE

                             Forest Service

                   capital improvement and maintenance

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

[[Page 119 STAT. 280]]

                                CHAPTER 3

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Office of the Secretary

            public health and social services emergency fund

                    (including rescissions of funds)

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

                                CHAPTER 4

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs

                  housing for persons with disabilities

                     (including rescission of funds)

    Of the amount made available under this heading in Public Law 108-
447, $238,080,000 are rescinded.

[[Page 119 STAT. 281]]

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

             Office of Federal Housing Enterprise Oversight

                          salaries and expenses

                      (including transfer of funds)

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

         TITLE VI--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS

                          availability of funds

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

                  references to emergency requirements

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

                   rural business-cooperative service

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

[[Page 119 STAT. 282]]

  mc clellan kerr navigation system advanced operations and maintenance

    Sec. 6004. The last proviso under the heading ``Operation and 
Maintenance'' in title I of division C of Public Law 108-447 <<NOTE: 118 
Stat. 2940.>> is amended by striking ``Public Law 108-357'' and 
inserting ``Public Law 108-137''.

                      environmental infrastructure

    Sec. 6005. Section 101 of title I of division C of Public Law 108-
447 <<NOTE: 33 USC 2221.>> is amended by striking ``per project'' and 
all that follows through the period at the end and inserting ``for all 
applicable programs and projects not to exceed $80,000,000 in each 
fiscal year.''.

                       de soto county, mississippi

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

                    fort peck fish hatchery, montana

    Sec. 6007. Section 325(f)(1)(A) of Public Law 106-541 <<NOTE: 114 
Stat. 2605.>> is modified by striking ``$20,000,000'' and inserting in 
lieu thereof ``$25,000,000''.

 intercoastal waterway, delaware river to chesapeake bay, sr-1 bridge, 
                                delaware

    Sec. 6008. The first proviso under the heading ``Operation and 
Maintenance'' in title I of division C of Public Law 108-447 <<NOTE: 118 
Stat. 2939.>> is amended by striking ``October 1, 2003, and September 
30, 2004'' and inserting ``October 1, 2004, and September 30, 2005''.

                 offshore oil and gas fabrication ports

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

[[Page 119 STAT. 283]]

                      environmental infrastructure

    Sec. 6010. In division C, title I of the Consolidated Appropriations 
Act, 2005 (Public Law 108-447), the item relating to Corps of 
Engineers--Civil, Construction, General, <<NOTE: 118 Stat. 2935.>> is 
amended by inserting before the period at the end the following: ``: 
Provided further, That of the funds made available herein for Ohio 
Environmental Infrastructure, $500,000 shall be used for the Liberty 
Little Squaw Creek sewer upgrade and $1,000,000 shall be used for the 
Lake County, Concord Township sanitary sewer line improvement: Provided 
further, That of the funds made available herein, $350,000 shall be used 
to complete design for the St. Croix Falls, Wisconsin, wastewater 
infrastructure project''.

                         indiana harbor, indiana

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

                   seminole tribe, big cypress project

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

                      san gabriel basin restoration

    Sec. 6013. (a) The matter under the heading ``Water and Related 
Resources'' in title II of division C of Public Law 108-447 <<NOTE: 118 
Stat. 2947.>> is amended by inserting before the period at the end the 
following: ``: Provided further, That $4,023,000 of the funds 
appropriated under this heading shall be deposited in the San Gabriel 
Basin Restoration Fund established by section 110 of title I of division 
B of the Miscellaneous Appropriations Act, 2001 (as enacted into law by 
Public Law 106-554)''.

    (b) Section 110(a)(3)(A)(ii) of the Miscellaneous Appropriations 
Act, 2001 (as enacted into law by section 1(a)(4) of Public Law 106-554) 
as amended <<NOTE: 114 Stat. 2763A-222.>> is further amended by 
inserting the words ``and maintain'' after the word ``operate''.

                 silvery minnow off-channel sanctuaries

    Sec. 6014. The Secretary of the Interior is authorized to perform 
such analyses and studies as needed to determine the viability of 
establishing an off-channel sanctuary for the Rio Grande Silvery Minnow 
in the Middle Rio Grande Valley. In conducting these studies, the 
Secretary shall take into consideration:
            (1) providing off-channel, naturalistic habitat conditions 
        for propagation, recruitment, and maintenance of Rio Grande 
        silvery minnows; and

[[Page 119 STAT. 284]]

            (2) minimizing the need for acquiring water or water rights 
        to operate the sanctuary.

    If the Secretary determines the project to be viable, the Secretary 
is further authorized to design and construct the sanctuary and to 
thereafter operate and maintain the sanctuary. The Secretary may enter 
into grant agreements, cooperative agreements, financial assistance 
agreements, interagency agreements, and contracts with Federal and non-
Federal entities to carry out the purposes of this Act.

                       desalination act extension

    Sec. 6015. Section 8 of Public Law 104-298 (The Water Desalination 
Act of 1996) (110 Stat. 3624) as amended by section 210 of Public Law 
108-7 (117 Stat. 146) <<NOTE: 42 USC 10301 note.>> is amended by--
            (1) in paragraph (a) by striking ``2004'' and inserting in 
        lieu thereof ``2005''; and
            (2) in paragraph (b) by striking ``2004'' and inserting in 
        lieu thereof ``2005''.

                              energy supply

    Sec. 6016. In division C, title III of the Consolidated 
Appropriations Act, 2005 (Public Law 108-447), the item relating to 
``Department of Energy, Energy Programs, Energy Supply'' <<NOTE: 118 
Stat. 2951.>> is amended by inserting before the period at the end the 
following: ``: Provided, That $2,000,000 is made available for the 
National Center for Manufacturing Sciences in Michigan: Provided 
further, That $825,000 is made available for research and development in 
California to advance the state of metal hydride hydrogen storage''.

                            office of science

    Sec. 6017. In division C, title III of the Consolidated 
Appropriations Act, 2005 (Public Law 108-447), the item relating to 
``Department of Energy, Energy Programs, Science'' <<NOTE: 118 Stat. 
2951.>> is amended by inserting ``: Provided, That $2,000,000 is 
provided within available funds to continue funding for project #DE-
FG0204ER63842-04090945, the Southeast Regional Cooling, Heating and 
Power and Bio-Fuel Application Center, and $3,000,000 is provided from 
within available funds for the University of Texas Southwestern Medical 
Center, University of Texas at Dallas Metroplex Comprehensive Imaging 
Center: Provided further, That within funds made available herein 
$500,000 is provided for the desalination plant technology program at 
the University of Nevada-Reno (UNR) and $500,000 for the Oral History of 
the Negotiated Settlement project at UNR: Provided further, That 
$4,000,000 is to be provided from within available funds to the Fire 
Sciences Academy in Elko, Nevada, for purposes of capital debt service: 
Provided further, That $2,000,000 is made available within available 
funds to upgrade chemistry laboratories at Drew University, New Jersey'' 
after ``$3,628,902,000''.

                              fossil energy

    Sec. 6018. In division E, title II of the Consolidated 
Appropriations Act, 2005 (Public Law 108-447), the item relating to 
``Department of Energy, Fossil Energy Research and 
Development'' <<NOTE: 118 Stat. 3081.>> is amended by inserting before 
the period at the end the following: ``: Provided further, That 
$1,000,000 is made available for the

[[Page 119 STAT. 285]]

National Energy Technology Laboratory in Pennsylvania to work with the 
Borough of Versailles, Pennsylvania, to remediate leaks from abandoned 
natural gas wells''.

                           weapons activities

                      (including transfer of funds)

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

                     defense environmental services

    Sec. 6020. Title III of division C of the Consolidated 
Appropriations Act, 2005 (Public Law 108-447) <<NOTE: 118 Stat. 
2954.>> is amended by inserting before the period at the end of 
``Defense Environmental Services'' the following: ``: Provided, That to 
the extent activities to be funded within the `Defense Environmental 
Services' cannot be funded without unduly impacting mission activities 
and statutory requirements, up to $30,000,000 from `Defense Site 
Acceleration Completion' may be used for these activities: Provided 
further, That $2,000,000 is provided within available funds to support 
desalination activities in partnership with the Bureau of Reclamation at 
the Tularosa Basin desalination facility, New Mexico''.

   defense site acceleration completion transfer to weapons activities

                      (including transfer of funds)

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

                       small business contracting

    Sec. 6022. <<NOTE: Deadline. Memorandum. 42 USC 7256 note.>> (a) Not 
later than September 30, 2005, the Department of Energy and the Small 
Business Administration shall enter into a memorandum of understanding 
setting forth an appropriate methodology for measuring the achievement 
of the Department of Energy with respect to awarding contracts to small 
businesses.

    (b) The methodology set forth in the memorandum of understanding 
entered into under subsection (a) shall, at a minimum, include--
            (1) a method of counting the achievement of the Department 
        of Energy in awards of--
                    (A) prime contracts; and
                    (B) subcontracts to small businesses awarded by 
                Department of Energy management and operating,

[[Page 119 STAT. 286]]

                management and integration, and other facility 
                management prime contractors; and
            (2) uniform criteria that could be used by prime contractors 
        when measuring the value and number of subcontracts awarded to 
        small businesses.

    (c)(1) <<NOTE: Deadline.>> Not later than September 30, 2005, the 
Administrator of the Small Business Administration, the Chief Counsel 
for Advocacy of the Small Business Administration, the Chairman of the 
Defense Nuclear Facilities Safety Board, the Secretary of Energy, and 
the Administrator of the National Nuclear Security Administration, shall 
jointly conduct a study regarding the feasibility of possible changes to 
management and operating contracts and other management contracts within 
the Department of Energy to encourage new opportunities for small 
businesses to increase their role as prime contractors.

    (2) In conducting the study under paragraph (1), the Administrator 
of the Small Business Administration, the Chief Counsel for Advocacy of 
the Small Business Administration, the Chairman of the Defense Nuclear 
Facilities Safety Board, the Secretary of Energy, and the Administrator 
of the National Nuclear Security Administration shall jointly consider 
the impact of changes studied on--
            (A) accountability, competition, and sound management 
        practices at the Department of Energy and its facilities managed 
        by prime contractors;
            (B) safety, security, and oversight of Department of Energy 
        facilities; and
            (C) the potential oversight and management requirements 
        necessary to implement the findings of the study.

    (3) <<NOTE: Reports.>> The Administrator of the Small Business 
Administration, the Chief Counsel for Advocacy of the Small Business 
Administration, the Chairman of the Defense Nuclear Facilities Safety 
Board, the Secretary of Energy, and the Administrator of the National 
Nuclear Security Administration shall report their joint findings to--
            (A) the Committee on Small Business and Entrepreneurship, 
        the Committee on Energy and Natural Resources, the Committee on 
        Armed Services, the Committee on Homeland Security and 
        Government Affairs, and the Committee on Appropriations of the 
        Senate; and
            (B) the Committee on Small Business, the Committee on Energy 
        and Commerce, the Committee on Armed Services, the Committee on 
        Homeland Security, and the Committee on Appropriations of the 
        House of Representatives.

    (d)(1) <<NOTE: Effective date. Termination date.>> Beginning on the 
date of enactment of this Act and ending at the conclusion of fiscal 
year 2007, in any case in which the Secretary of Energy decides to 
break-out appropriate large prime contracts, known as the management and 
operating contracts, for award to small businesses, the Secretary shall 
consider whether--
            (A) the services under the contract have previously been 
        provided by a small business concern; and
            (B) the contract is of the type capable of being performed 
        by a small business concern.

    (2) In the case of a contract awarded by the Department of Energy as 
a result of a break-out of subcontracts previously awarded

[[Page 119 STAT. 287]]

by management and operating prime contractors and reawarded as a small 
business prime contract under paragraph (1)--
            (A) any such contract valued at more than $25,000,000 shall 
        be required to have a subcontracting plan for small businesses; 
        and
            (B) the Secretary shall make a determination on the 
        advisability of requiring a local presence for small business 
        subcontractors.

                         nuclear waste disposal

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

                     department of homeland security

                          working capital fund

    Sec. 6024. None of the funds appropriated or otherwise made 
available to the Department of Homeland Security may be used to make 
payments to the ``Department of Homeland Security Working Capital 
Fund'', except for the activities for fiscal year 2005 contained in the 
April 11, 2005, report submitted to the Committees on Appropriations of 
the Senate and the House of Representatives on the Department of 
Homeland Security Working Capital Fund, and all activities and services 
funded by the Federal Emergency Management Agency ``Working Capital 
Fund'' before March 1, 2003: Provided, That all organizations shall be 
charged only for direct usage of each service: Provided further, That 
for fiscal year 2005, funding for activities shall not exceed the 
amounts listed in the Department of Homeland Security Working Capital 
Fund April 11, 2005, report: Provided further, That any additional 
activities and amounts must be approved by the Committees on 
Appropriations of the Senate and the House of Representatives 30 days in 
advance of obligation.
    Sec. 6025. <<NOTE: 31 USC 501 note.>> The Department of Homeland 
Security shall henceforth provide an appropriations justification for 
the ``Department of Homeland Security Working Capital Fund'' to the 
Committees on Appropriations of the Senate and House of Representatives: 
Provided, That an annual appropriations justification shall be submitted 
to the Congress as a part of the President's budget as submitted under 
Section 1105(a) of Title 31, United States Code, and shall contain the 
same level of detail as the Department's Congressional appropriations 
justification in support of the President's 
budget: <<NOTE: Deadline.>> Provided further, That the ``Department of 
Homeland Security Working Capital Fund'' Congressional appropriations 
justification for fiscal year 2006 shall be submitted within 15 days of 
enactment of this Act: Provided further, That the Chief Financial 
Officer shall ensure that all planned activities and amounts to be 
funded by the ``Department of Homeland Security Working Capital Fund'', 
all reimbursable agreements, and all uses of the

[[Page 119 STAT. 288]]

Economy Act are explicitly identified in each Congressional 
appropriations justification in support of the President's budget 
provided for each agency and component of the Department.

                 office of the chief information officer

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

                           rescission of funds

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

                   reprogramming and transfer of funds

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

             bureau of land management, technical correction

    Sec. 6030. Section 144 of division E of Public Law <<NOTE: 118 Stat. 
3072.>> 108-447 is amended in paragraph (b)(2) by striking ``September 
24, 2004'' and inserting ``November 12, 2004''.

                         forest service transfer

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

               west yellowstone visitor information center

    Sec. 6032. Notwithstanding any other provision of law, the National 
Park Service is authorized to expend appropriated funds

[[Page 119 STAT. 289]]

for the construction, operations and maintenance of an expansion to the 
West Yellowstone Visitor Information Center to be constructed for 
visitors to, and administration of, Yellowstone National Park.

                        pesticides tolerance fees

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

                     gulf islands national seashore

    Sec. 6034. <<NOTE: Mississippi. Minerals.>> (a) The Secretary of the 
Interior shall allow the State of Mississippi, its lessees, contractors, 
and permittees, to conduct, under reasonable regulation not inconsistent 
with extraction of the oil and gas minerals reserved by the State of 
Mississippi in the deed referenced in subsection (b):
            (1) exploration, development and production operations on 
        sites outside the boundaries of Gulf Islands National Seashore 
        that use directional drilling techniques which result in the 
        drill hole crossing into the Gulf Islands National Seashore and 
        passing under any land or water the surface of which is owned by 
        the United States, including terminating in bottom hole 
        locations thereunder; and
            (2) seismic and seismic-related exploration activities 
        inside the boundaries of Gulf Islands National Seashore to 
        identify the oil and gas minerals located within the boundaries 
        of the Gulf Islands National Seashore under the surface estate 
        conveyed by the State of Mississippi, all of which oil and gas 
        minerals the State of Mississippi reserved the right to extract.

    (b) <<NOTE: Contracts.>> The provisions of subsection (a) shall not 
take effect until the State of Mississippi enters into an agreement with 
the Secretary providing that any actions by the United States in 
relation to the provisions in the section shall not trigger any reverter 
of any estate conveyed by the State of Mississippi to the United States 
within the Gulf Islands National Seashore in Chapter 482 of the General 
Laws of the State of Mississippi, 1971, and the quitclaim deed of June 
15, 1972.

               surface mining control and reclamation act

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

        resident and nonresident hunting and fishing regulations

    Sec. 6036. <<NOTE: Reaffirmation of State Regulation of Resident and 
Nonresident Hunting and Fishing Act of 2005.>> State Regulation of 
Resident and Nonresident Hunting and Fishing. (a) Short Title.--This 
section may be cited as the ``Reaffirmation of State Regulation of 
Resident and Nonresident Hunting and Fishing Act of 2005''.

    (b) Declaration of Policy and Construction of Congressional 
Silence.--
            (1) In general.--It is the policy of Congress that it is in 
        the public interest for each State to continue to regulate

[[Page 119 STAT. 290]]

        the taking for any purpose of fish and wildlife within its 
        boundaries, including by means of laws or regulations that 
        differentiate between residents and nonresidents of such State 
        with respect to the availability of licenses or permits for 
        taking of particular species of fish or wildlife, the kind and 
        numbers of fish and wildlife that may be taken, or the fees 
        charged in connection with issuance of licenses or permits for 
        hunting or fishing.
            (2) Construction of congressional silence.--Silence on the 
        part of Congress shall not be construed to impose any barrier 
        under clause 3 of Section 8 of Article I of the Constitution 
        (commonly referred to as the ``commerce clause'') to the 
        regulation of hunting or fishing by a State or Indian tribe.

    (c) Limitations.--Nothing in this section shall be construed--
            (1) to limit the applicability or effect of any Federal law 
        related to the protection or management of fish or wildlife or 
        to the regulation of commerce;
            (2) to limit the authority of the United States to prohibit 
        hunting or fishing on any portion of the lands owned by the 
        United States; or
            (3) to abrogate, abridge, affect, modify, supersede or alter 
        any treaty-reserved right or other right of any Indian tribe as 
        recognized by any other means, including, but not limited to, 
        agreements with the United States, Executive Orders, statutes, 
        and judicial decrees, and by Federal law.

    (d) State Defined.--For purposes of this section, the term ``State'' 
includes the several States, the District of Columbia, the Commonwealth 
of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the 
Commonwealth of the Northern Mariana Islands.

        state and tribal assistance grants, technical corrections

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

                           transfer authority

    Sec. 6040. (a) Section 102 of division F of Public Law 108-
447 <<NOTE: 118 Stat. 3122.>> is hereby repealed.

[[Page 119 STAT. 291]]

    (b) Section 208 of division F of Public Law 108-447 <<NOTE: 118 
Stat. 3138.>> is amended by inserting before the period at the end the 
following: ``: Provided further, That such authority shall be limited to 
emergency use only, and is not to be used to create new programs, or to 
fund any project or activity for which no funds were provided''.

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

    Sec. 6041. In the statement of the managers of the committee of 
conference accompanying H.R. 4818 (Public Law 108-447; House Report 108-
792), in the matter in title III of division F, relating to the Fund for 
the Improvement of Education under the heading ``Innovation and 
Improvement''--
            (1) the provision specifying $500,000 for the Mississippi 
        Museum of Art, Jackson, MS for Hardy Middle School After School 
        Program shall be deemed to read ``Mississippi Museum of Art, 
        Jackson, MS for a Mississippi Museum of Art After-School 
        Collaborative'';
            (2) the provision specifying $2,000,000 for the Milken 
        Family Foundation, Santa Monica, CA, for the Teacher Advancement 
        Program shall be deemed to read ``Teacher Advancement Program 
        Foundation, Santa Monica, CA for the Teacher Advancement 
        Program'';
            (3) the provision specifying $1,000,000 for Batelle for 
        Kids, Columbus, OH for a multi-state effort to evaluate and 
        learn the most effective ways for accelerating student academic 
        growth shall be deemed to read ``Battelle for Kids, Columbus, OH 
        for a multi-state effort to implement, evaluate and learn the 
        most effective ways for accelerating student academic growth'';
            (4) the provision specifying $750,000 for the Institute of 
        Heart Math, Boulder Creek, CO for a teacher retention and 
        student dropout prevention program shall be deemed to read 
        ``Institute of Heart Math, Boulder Creek, CA for a teacher 
        retention and student dropout prevention program'';
            (5) the provision specifying $200,000 for Fairfax County 
        Public Schools, Fairfax, VA for Chinese language programs in 
        Franklin Sherman Elementary School and Chesterbrook Elementary 
        School in McLean, Virginia shall be deemed to read ``Fairfax 
        County Public Schools, Fairfax, VA for Chinese language programs 
        in Shrevewood Elementary School and Wolftrap Elementary 
        School'';
            (6) the provision specifying $1,250,000 for the University 
        of Alaska/Fairbanks in Fairbanks, AK, working with the State of 
        Alaska and Catholic Community Services, for the Alaska System 
        for Early Education Development (SEED) shall be deemed to read 
        ``University of Alaska/Southeast in Juneau, AK, working with the 
        State of Alaska and Catholic Community Services, for the Alaska 
        System for Early Education Development (SEED)'';
            (7) the provision specifying $25,000 for QUILL Productions, 
        Inc., Aston, PA, to develop and disseminate programs to enhance 
        the teaching of American history shall be deemed to read ``QUILL 
        Entertainment Company, Aston, PA, to develop and disseminate 
        programs to enhance the teaching of American history'';

[[Page 119 STAT. 292]]

            (8) the provision specifying $780,000 for City of St. 
        Charles, MO for the St. Charles Foundry Arts Center in support 
        of arts education shall be deemed to read ``The Foundry Art 
        Centre, St. Charles, Missouri for support of arts education in 
        conjunction with the City of St. Charles, MO'';
            (9) the provision specifying $100,000 for Community Arts 
        Program, Chester, PA, for arts education shall be deemed to read 
        ``Chester Economic Development Authority, Chester, PA for a 
        community arts program'';
            (10) the provision specifying $100,000 for Kids with A 
        Promise--The Bowery Mission, Bushkill, PA shall be deemed to 
        read ``Kids with A Promise--The Bowery Mission, New York, NY'';
            (11) the provision specifying $50,000 for Great Projects 
        Film Company, Inc., Washington, DC, to produce ``Educating 
        America'', a documentary about the challenges facing our public 
        schools shall be deemed to read ``Great Projects Film Company, 
        Inc., New York, NY, to produce `Educating America', a 
        documentary about the challenges facing our public schools'';
            (12) the provision specifying $30,000 for Summer Camp 
        Opportunities Provide an Edge (SCOPE), New York, NY for YMCA 
        Camps Skycrest, Speers and Elijabar shall be deemed to read 
        ``American Camping Association for Summer Camp Opportunities 
        Provide an Edge (SCOPE), New York, NY for YMCA Camps Skycrest 
        and Speers-Elijabar'';
            (13) the provision specifying $163,000 for Space Education 
        Initiatives, Green Bay, WI for the Wisconsin Space Science 
        Initiative shall be deemed to read ``Space Education 
        Initiatives, De Pere, WI for the Wisconsin Space Science 
        Initiative'';
            (14) the provision specifying $100,000 for Clarion County 
        Career Center, Shippenville, PA for curriculum development shall 
        be deemed to read ``Clarion County Career Center, Shippenville, 
        PA for curriculum development, technology and/or equipment'';
            (15) the provision specifying $100,000 for Central 
        Pennsylvania Institute of Science and Technology, Pleasant Gap, 
        PA for curriculum development shall be deemed to read ``Central 
        Pennsylvania Institute of Science and Technology, Pleasant Gap, 
        PA for curriculum development, technology and/or equipment'';
            (16) the provision specifying $100,000 for Forest Area High 
        School, Tionesta, PA, for curriculum development shall be deemed 
        to read ``Forest Area High School, Tionesta, PA for curriculum 
        development, technology and/or equipment'';
            (17) the provision specifying $100,000 for Jersey Shore High 
        School, Jersey Shore, PA, for curriculum development shall be 
        deemed to read ``Jersey Shore High School, Jersey Shore, PA for 
        curriculum development, technology and/or equipment'';
            (18) the provision specifying $100,000 for Montgomery Area 
        School District, Montgomery, PA for curriculum development shall 
        be deemed to read ``Montgomery Area School District, Montgomery, 
        PA for curriculum development, technology and/or equipment'';
            (19) the provision specifying $100,000 for Southern Tioga 
        School District, Blossburg, PA for curriculum development shall

[[Page 119 STAT. 293]]

        be deemed to read ``Southern Tioga School District, Blossburg, 
        PA for curriculum development, technology and/or equipment'';
            (20) the provision specifying $300,000 for Venango County 
        AVTS, Oil City, PA for curriculum development shall be deemed to 
        read ``Venango County AVTS, Oil City, PA for curriculum 
        development, technology and/or equipment'';
            (21) the provision specifying $100,000 for Warren County 
        Career Center, Warren, PA, for curriculum development shall be 
        deemed to read ``Warren County Career Center, Warren, PA for 
        curriculum development, technology and/or equipment''; and
            (22) the provision specifying $100,000 for Wellsboro Area 
        School District, Wellsboro, PA, for curriculum development shall 
        be deemed to read ``Wellsboro Area School District, Wellsboro, 
        PA for curriculum development, technology and/or equipment''.

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

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

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

    Sec. 6043. In the statement of the managers of the committee of 
conference accompanying H.R. 2673 (Public Law 108-199; House

[[Page 119 STAT. 294]]

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

    corporation for national and community service for grant reviews

    Sec. 6044. The matter under the heading ``Corporation for National 
and Community Service--National and Community Service Programs Operating 
Expenses'' in title III of division I of Public Law 108-447 <<NOTE: 118 
Stat. 3323.>> is amended by inserting before the period at the end the 
following: ``: Provided further, That the Corporation may use up to 1 
percent of program grant funds made available under this heading to 
defray its costs of conducting grant application reviews, including the 
use of outside peer reviewers''.

         medicare health care infrastructure improvement program

    Sec. 6045. (a) In General.--Section 1897(c) of the Social Security 
Act (42 U.S.C. 1395hhh(c)) is amended--
            (1) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``or an entity described in paragraph (3)'' 
                after ``means a hospital''; and
                    (B) in subparagraph (B)--
                          (i) by inserting ``legislature'' after 
                      ``State'' the first place it appears; and
                          (ii) by inserting ``and such designation by 
                      the State legislature occurred prior to December 
                      8, 2003'' before the period at the end; and
            (2) by adding at the end the following new paragraph:
            ``(3) Entity described.--An entity described in this 
        paragraph is an entity that--
                    ``(A) is described in section 501(c)(3) of the 
                Internal Revenue Code of 1986 and exempt from tax under 
                section 501(a) of such Code;
                    ``(B) has at least 1 existing memorandum of 
                understanding or affiliation agreement with a hospital 
                located in the State in which the entity is located; and
                    ``(C) retains clinical outpatient treatment for 
                cancer on site as well as lab research and education and 
                outreach for cancer in the same facility.''.

    (b) Limitation on Review.--Section 1897 of the Social Security Act 
(42 U.S.C. 1395hhh(c)) is amended by adding at the end the following new 
subsection:
    ``(i) Limitation on Review.--There shall be no administrative or 
judicial review of any determination made by the Secretary under this 
section.''.

[[Page 119 STAT. 295]]

    (c) <<NOTE: 42 USC 1395hhh note.>> Effective Date.--The amendments 
made by this section shall take effect as if included in the enactment 
of section 1016 of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2447).

               application processing and enforcement fees

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

                 technical correction--higher education

                     (including rescission of funds)

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

                        copyright royalty judges

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

                         capitol visitor center

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

                          technical correction

    Sec. 6050. Notwithstanding any other provision of law, unexpended 
and unobligated funds appropriated by Public Law 108-7 to the accounts 
under the heading ``SENATE'' relating to Legislative Branch 
appropriations shall remain available without fiscal

[[Page 119 STAT. 296]]

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

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

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

          small business administration--technical corrections

    Sec. 6054. Section 621 of title VI of division B of Public Law 108-
199 <<NOTE: 118 Stat. 96.>> is amended by striking ``of passenger, cargo 
and other aviation services''.

    Sec. 6055. Section 619(a) of title VI of division B of Public Law 
108-447 <<NOTE: 118 Stat. 2916.>> is amended by striking ``Asheville-
Buncombe Technical Community College'' and inserting ``the International 
Small Business Institute''.

    Sec. 6056. (a) Section 619(a) of title VI of division B of Public 
Law 108-447 is amended by striking ``for the continued modernization of 
the Mason Building''.
    (b) Section 621 of title VI of division B of Public Law 108-199, as 
amended by Public Law 108-447, <<NOTE: 118 Stat. 2919.>> is amended by 
striking ``, for the continued modernization of the Mason Building''.

    Sec. 6057. (a) Section 633 of the Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 2001 
(as enacted into law by Public Law 106-553) and section 629 of the 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 2002 (Public Law 107-77) <<NOTE: 114 
Stat. 2762A-112, 115 Stat. 804.>> are each amended by striking ``NTTC at 
Wheeling Jesuit University'' and inserting ``West Virginia High 
Technology Consortium Foundation''.

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

[[Page 119 STAT. 297]]

                    technical correction--bankruptcy

    Sec. 6058. (a) Section 325 of the Bankruptcy Abuse Prevention and 
Consumer Protection Act of 2005 <<NOTE: Ante, p. 98.>> is amended to 
read as follows:

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

    ``(a) Bankruptcy Filing Fees.--Section 1930(a) of title 28, United 
States Code, is amended--
            ``(1) by striking paragraph (1) and inserting the following:
            `` `(1) For a case commenced under--
                    `` `(A) chapter 7 of title 11, $220, and
                    `` `(B) chapter 13 of title 11, $150.'; and
            ``(2) in paragraph (3), by striking `$800' and inserting 
        `$1,000'.

    ``(b) United States Trustee System Fund.--Section 589a(b) of title 
28, United States Code, is amended--
            ``(1) by striking paragraph (1) and inserting the following:
            `` `(1)(A) 40.46 percent of the fees collected under section 
        1930(a)(1)(A); and
            `` `(B) 28.33 percent of the fees collected under section 
        1930(a)(1)(B);'; and
            ``(2) in paragraph (2), by striking `one-half' and inserting 
        `55 percent'.

    ``(c) Collections and Deposits of Miscellaneous Bankruptcy Fees.--
Section 406(b) of the Judiciary Appropriations Act, 1990 (28 U.S.C. 1931 
note) is amended by striking `pursuant to 28 U.S.C. section 1930(b)' and 
all that follows through `28 U.S.C. section 1931' and inserting `under 
section 1930(b) of title 28, United States Code, 28.87 percent of the 
fees collected under section 1930(a)(1)(A) of that title, 35.00 percent 
of the fees collected under section 1930(a)(1)(B) of that title, and 25 
percent of the fees collected under section 1930(a)(3) of that title 
shall be deposited as offsetting receipts to the fund established under 
section 1931 of that title'.''.
    (b) <<NOTE: Effective date. 28 USC 589a note.>> This section and the 
amendment made by this section shall take effect immediately after the 
enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act 
of 2005.

                   department of commerce--conference

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

                    technical correction--9/11 heroes

    Sec. 6060. Subsection (d) of the section 124 that appears under the 
item relating to ``General Provisions--Department of Justice'' of the 
Consolidated Appropriations Act of 2005 (Public Law 108-447) <<NOTE: 31 
USC 5111 note.>> is amended--
            (1) in paragraph (2), by striking ``with the Secretary of 
        the Treasury to prepare and strike, on a reimbursable basis,'' 
        and inserting ``for striking''; and
            (2) by striking paragraph (3).

           technical corrections--department of transportation

    Sec. 6061. The matter under the heading ``Federal Transit 
Administration, Capital Investment Grants'' in title I of division

[[Page 119 STAT. 298]]

H of Public Law 108-447 <<NOTE: 118 Stat. 3224.>> is amended by striking 
``$3,591,548'' and inserting ``$1,362,683'' and by striking 
``$22,554,144'' and inserting ``$12,998,815'': Provided, That the amount 
of new fixed guideway funds available for each project expected to 
complete its full funding grant agreement this fiscal year shall not 
exceed the amount which, when reduced by the across-the-board rescission 
of 0.80 percent of such Act, is equal to the amount of new fixed 
guideway funds required to complete the commitment of Federal new fixed 
guideway funds reflected in the project's full funding grant agreement: 
Provided further, That of the new fixed guideway funds available in 
Public Law 108-447, $1,352,899 shall be available for the Northern New 
Jersey Newark Rail Link MOS 1 project, no funds shall be available for 
the Northern New Jersey Newark-Elizabeth Rail Line MOS 1 project, and 
$316,427 shall be available for the Northern New Jersey Hudson-Bergen 
Light Rail MOS 1 project.

    Sec. 6062. Notwithstanding any other provision of law, in section 
1602 of the Transportation Equity Act for the 21st Century, item number 
744 <<NOTE: 112 Stat. 256.>> is amended by striking ``Preliminary design 
of Route 2 Connector to Downtown Fitchburg'' and inserting ``design, 
construction/reconstruction and right of way acquisition for roadway 
improvements along the Route 12 corridor in Leominster and Fitchburg to 
enhance access from Route 2 to North Leominster and Downtown 
Fitchburg''.

    Sec. 6063. Section 198 of division H of Public Law <<NOTE: 118 Stat. 
3235.>> 108-447 is amended by inserting ``under title 23 of the United 
States Code'' after ``law''.

                        payments to air carriers

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

                         maritime administration

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

[[Page 119 STAT. 299]]

                              the judiciary

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

         technical corrections--general services administration

    Sec. 6067. Under the heading ``Federal Buildings Fund'' in title IV 
of division H of Public Law 108-447, <<NOTE: 118 Stat. 3253.>> strike 
``$60,000,000'' and insert in lieu thereof ``$60,600,000'' in reference 
to the Las Cruces United States Courthouse.

    Sec. 6068. Section 408 in title IV of division H of Public Law 108-
447 <<NOTE: 40 USC 572.>> is amended by striking ``Section 
572(a)(2)(ii)'' and inserting in lieu thereof ``Section 
572(a)(2)(A)(ii)''.

   technical corrections--department of housing and urban development

    Sec. 6069. (a) The referenced statement of the managers under the 
heading ``Community Development Fund'' in title II of division I of 
Public Law 108-447 is deemed to be amended--
            (1) with respect to item 230 by striking ``City'' and 
        inserting ``Port'';
            (2) with respect to item 233 by inserting ``Port of'' before 
        the words ``Brookings Harbor''; and
            (3) with respect to item number 30 by inserting ``to be used 
        for planning, design, and construction'' after ``California,''.

    Sec. 6070. The referenced statement of managers under the heading 
``Community Development Fund'' in title II of division K of Public Law 
108-7 is deemed to be amended--
            (1) with respect to item number 39 by striking ``Conference 
        and Workforce Center in Harrison, Arkansas'' and inserting ``in 
        Harrison, Arkansas for facilities construction of the North 
        Arkansas College Health Sciences Education Center''; and
            (2) with respect to item number 316 by striking ``for 
        renovation of a visitor center to accommodate a Space and Flight 
        Center'' and inserting ``to build-out the Prince George's County 
        Economic Development and Business Assistance Center''.

    Sec. 6071. The referenced statement of the managers under the 
heading ``Community Development Fund'' in title II of division G of 
Public Law 108-199 is deemed to be amended--
            (1) with respect to item number 56 by striking ``Conference 
        and Training Center'' and inserting ``North Arkansas College 
        Health Sciences Education Center'';
            (2) with respect to item number 102 by striking ``to the 
        Town of Groveland, California for purchase of a youth center'' 
        and inserting ``to the County of Tuolomne for the purchase of a 
        new youth center in the mountain community of Groveland'';
            (3) with respect to item number 218 by striking ``for 
        construction'' and inserting ``for design and engineering'';

[[Page 119 STAT. 300]]

            (4) with respect to item number 472 by striking ``for 
        sidewalk, curbs and facade improvements in the Morton Avenue 
        neighborhood'' and inserting ``for streetscape renovation'';
            (5) with respect to item number 493 by striking ``for land 
        acquisition'' and inserting ``for planning and design of its 
        Sports and Recreation Center and Education Complex'';
            (6) with respect to item number 122 by inserting ``to be 
        used for planning, design, and construction'' after 
        ``California,'';
            (7) with respect to item number 369 by striking ``for the'' 
        after ``Michigan'' and inserting ``to be used for planning, 
        design, and construction of the''; and
            (8) with respect to item number 450 by striking 
        ``V.I.C.T.E.M. Family Center in Washoe County, Nevada for the 
        construction of a facility for multi-purpose social services 
        referral and victim counseling;'' and inserting ``Washoe County, 
        Nevada for a facility and equipment for the SART/CARES victim 
        programs;''.

    Sec. 6072. The referenced statement of the managers under the 
heading ``Community Development Fund'' in title II of division I of 
Public Law 108-447 is deemed to be amended as follows--
            (1) with respect to item number 706 by striking ``a public 
        swimming pool'' and inserting ``recreation fields'';
            (2) with respect to item number 667 by striking ``to the 
        Town of Appomattox, Virginia for facilities construction of an 
        African-American cultural and heritage museum at the Carver-
        Price building'' and inserting ``to the County of Appomattox, 
        Virginia for renovation of the Carver-Price building'';
            (3) with respect to item number 668 by striking ``for the 
        Town of South Boston, Virginia for renovations and creation of a 
        community arts center at the Prizery'' and inserting ``for The 
        Prizery in South Boston, Virginia for renovations and creation 
        of a community arts center'';
            (4) with respect to item number 669 by striking ``for the 
        City of Moneta, Virginia for facilities construction and 
        renovations of an art, education, and community outreach 
        center'' and inserting ``for the Moneta Arts, Education, and 
        Community Outreach Center in Moneta, Virginia for facilities 
        construction and renovations'';
            (5) with respect to item number 910 by striking ``repairs 
        to'' and inserting ``renovation and construction of'';
            (6) with respect to item number 902 by striking ``City of 
        Brooklyn'' and inserting ``Fifth Ave Committee in Brooklyn''; 
        and
            (7) with respect to item number 244 by inserting 
        ``Historic'' before the words ``Village, Inc''.

    Sec. 6073. (a) Section 222 of title II of division I of Public Law 
108-447 <<NOTE: 12 USC 1709.>> is deleted; and

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

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

[[Page 119 STAT. 301]]

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

                            prepackaged news

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

           local budget authority for the district of columbia

    Sec. 6077. The District of Columbia Appropriations Act, 2005 (Public 
Law 108-335) approved October 18, 2004, is amended as follows:
            (1) Section 331 <<NOTE: 118 Stat. 1345.>> is amended as 
        follows:
                    (A) in the first sentence by striking 
                ``$15,000,000'' and inserting ``$42,000,000, to remain 
                available until expended,'' in its place, and
                    (B) by amending subsection (5) to read as follows:
            ``(5) The amounts may be obligated or expended only if the 
        Mayor notifies the Committees on Appropriations of the House of 
        Representatives and Senate in writing 30 days in advance of any 
        obligation or expenditure.''.
            (2) <<NOTE: 118 Stat. 1353.>> By inserting a new section 
        before the short title at the end to read as follows:

    ``Sec. 348. The amount appropriated by this Act may be increased by 
an additional amount of $206,736,000 (including $49,927,000 from local 
funds and $156,809,000 from other funds) to be transferred by the Mayor 
of the District of Columbia to the various headings under this Act as 
follows:
            ``(1) $174,927,000 (including $34,927,000 from local funds 
        and $140,000,000 from other funds) shall be transferred under 
        the heading `Government Direction and Support': Provided, That 
        of the funds, $33,000,000 from local funds shall remain 
        available until expended: Provided further, That of the funds, 
        $140,000,000 from other funds shall remain available until 
        expended and shall only be available in conjunction with revenue 
        from a private or alternative financing proposal approved 
        pursuant to section 106 of DC Act 15-717, the `Ballpark Omnibus 
        Financing and Revenue Act of 2004' approved by the District of 
        Columbia, December 29, 2004, and
            ``(2) $15,000,000 from local funds shall be transferred 
        under the heading `Repayment of Loans and Interest', and
            ``(3) $14,000,000 from other funds shall be transferred 
        under the heading `Sports and Entertainment Commission', and
            ``(4) $2,809,000 from other funds shall be transferred under 
        the heading `Water and Sewer Authority'.''.

[[Page 119 STAT. 302]]

             use of funds for emergency preparedness centers

    Sec. 6078. Section 114 of title I of division I of the Consolidated 
Appropriations Act, 2005 (Public Law 108-447) <<NOTE: 118 Stat. 
3293.>> is amended by inserting before the period ``and section 303 of 
Public Law 108-422''.

        collections deposited into project construction accounts

    Sec. 6079. Section 117 of title I of division I of the Consolidated 
Appropriations Act, 2005 (Public Law 108-447) <<NOTE: 118 Stat. 
3293.>> is amended by striking ``that are deposited into the Medical 
Care Collections Fund may be transferred and merged with'' and inserting 
``may be deposited into the''.

            contracts for hospital care and medical services

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

     implementation of mission changes at specific veterans health 
                        administration facilities

    Sec. 6081. (a) In General.--Section 414 of the Veterans Health 
Programs Improvement Act of 2004, <<NOTE: 118 Stat. 2391.>> is amended 
by adding at the end the following:

    ``(h) Definition.--In this section, the term `medical center' 
includes any outpatient clinic.''.
    (b) Effective Date.--The amendment made by subsection (a) shall take 
effect as if included in the Veterans Health Programs Improvement Act of 
2004 (Public Law 108-422).

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

DIVISION <<NOTE: REAL ID Act of 2005.>> B--REAL ID ACT OF 2005

SECTION 1. SHORT <<NOTE: 8 USC 1101 note.>> TITLE.

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

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

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

    (a) Conditions for Granting Asylum.--Section 208(b)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1158(b)(1)) is amended--
            (1) by striking ``The Attorney General'' the first place 
        such term appears and inserting the following:
                    ``(A) Eligibility.--The Secretary of Homeland 
                Security or the Attorney General'';

[[Page 119 STAT. 303]]

            (2) by striking ``the Attorney General'' the second and 
        third places such term appears and inserting ``the Secretary of 
        Homeland Security or the Attorney General''; and
            (3) by adding at the end the following:
                    ``(B) Burden of proof.--
                          ``(i) In general.--The burden of proof is on 
                      the applicant to establish that the applicant is a 
                      refugee, within the meaning of section 
                      101(a)(42)(A). To establish that the applicant is 
                      a refugee within the meaning of such section, the 
                      applicant must establish that race, religion, 
                      nationality, membership in a particular social 
                      group, or political opinion was or will be at 
                      least one central reason for persecuting the 
                      applicant.
                          ``(ii) Sustaining burden.--The testimony of 
                      the applicant may be sufficient to sustain the 
                      applicant's burden without corroboration, but only 
                      if the applicant satisfies the trier of fact that 
                      the applicant's testimony is credible, is 
                      persuasive, and refers to specific facts 
                      sufficient to demonstrate that the applicant is a 
                      refugee. In determining whether the applicant has 
                      met the applicant's burden, the trier of fact may 
                      weigh the credible testimony along with other 
                      evidence of record. Where the trier of fact 
                      determines that the applicant should provide 
                      evidence that corroborates otherwise credible 
                      testimony, such evidence must be provided unless 
                      the applicant does not have the evidence and 
                      cannot reasonably obtain the evidence.
                          ``(iii) Credibility determination.--
                      Considering the totality of the circumstances, and 
                      all relevant factors, a trier of fact may base a 
                      credibility determination on the demeanor, candor, 
                      or responsiveness of the applicant or witness, the 
                      inherent plausibility of the applicant's or 
                      witness's account, the consistency between the 
                      applicant's or witness's written and oral 
                      statements (whenever made and whether or not under 
                      oath, and considering the circumstances under 
                      which the statements were made), the internal 
                      consistency of each such statement, the 
                      consistency of such statements with other evidence 
                      of record (including the reports of the Department 
                      of State on country conditions), and any 
                      inaccuracies or falsehoods in such statements, 
                      without regard to whether an inconsistency, 
                      inaccuracy, or falsehood goes to the heart of the 
                      applicant's claim, or any other relevant factor. 
                      There is no presumption of credibility, however, 
                      if no adverse credibility determination is 
                      explicitly made, the applicant or witness shall 
                      have a rebuttable presumption of credibility on 
                      appeal.''.

    (b) Exceptions to Eligibility for Asylum.--Section 208(b)(2)(A)(v) 
of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is 
amended--
            (1) by striking ``inadmissible under'' each place such term 
        appears and inserting ``described in''; and
            (2) by striking ``removable under''.

    (c) Withholding of Removal.--Section 241(b)(3) of the Immigration 
and Nationality Act (8 U.S.C. 1231(b)(3)) is amended by adding at the 
end the following:

[[Page 119 STAT. 304]]

                    ``(C) Sustaining burden of proof; credibility 
                determinations.--In determining whether an alien has 
                demonstrated that the alien's life or freedom would be 
                threatened for a reason described in subparagraph (A), 
                the trier of fact shall determine whether the alien has 
                sustained the alien's burden of proof, and shall make 
                credibility determinations, in the manner described in 
                clauses (ii) and (iii) of section 208(b)(1)(B).''.

    (d) Other Requests for Relief From Removal.--Section 240(c) of the 
Immigration and Nationality Act <<NOTE: 8 USC 1229a.>> (8 U.S.C. 
1230(c)) is amended--
            (1) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (5), (6), and (7), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) Applications for relief from removal.--
                    ``(A) In general.--An alien applying for relief or 
                protection from removal has the burden of proof to 
                establish that the alien--
                          ``(i) satisfies the applicable eligibility 
                      requirements; and
                          ``(ii) with respect to any form of relief that 
                      is granted in the exercise of discretion, that the 
                      alien merits a favorable exercise of discretion.
                    ``(B) Sustaining burden.--The applicant must comply 
                with the applicable requirements to submit information 
                or documentation in support of the applicant's 
                application for relief or protection as provided by law 
                or by regulation or in the instructions for the 
                application form. In evaluating the testimony of the 
                applicant or other witness in support of the 
                application, the immigration judge will determine 
                whether or not the testimony is credible, is persuasive, 
                and refers to specific facts sufficient to demonstrate 
                that the applicant has satisfied the applicant's burden 
                of proof. In determining whether the applicant has met 
                such burden, the immigration judge shall weigh the 
                credible testimony along with other evidence of record. 
                Where the immigration judge determines that the 
                applicant should provide evidence which corroborates 
                otherwise credible testimony, such evidence must be 
                provided unless the applicant demonstrates that the 
                applicant does not have the evidence and cannot 
                reasonably obtain the evidence.
                    ``(C) Credibility determination.--Considering the 
                totality of the circumstances, and all relevant factors, 
                the immigration judge may base a credibility 
                determination on the demeanor, candor, or responsiveness 
                of the applicant or witness, the inherent plausibility 
                of the applicant's or witness's account, the consistency 
                between the applicant's or witness's written and oral 
                statements (whenever made and whether or not under oath, 
                and considering the circumstances under which the 
                statements were made), the internal consistency of each 
                such statement, the consistency of such statements with 
                other evidence of record (including the reports of the 
                Department of State on country conditions), and any 
                inaccuracies or falsehoods in such statements, without 
                regard to whether an inconsistency, inaccuracy, or 
                falsehood goes to the heart of the applicant's claim, or 
                any other relevant factor. There is no presumption of

[[Page 119 STAT. 305]]

                credibility, however, if no adverse credibility 
                determination is explicitly made, the applicant or 
                witness shall have a rebuttable presumption of 
                credibility on appeal.''.

    (e) Standard of Review for Orders of Removal.--Section 242(b)(4) of 
the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended by 
adding at the end, after subparagraph (D), the following: ``No court 
shall reverse a determination made by a trier of fact with respect to 
the availability of corroborating evidence, as described in section 
208(b)(1)(B), 240(c)(4)(B), or 241(b)(3)(C), unless the court finds, 
pursuant to section 242(b)(4)(B), that a reasonable trier of fact is 
compelled to conclude that such corroborating evidence is 
unavailable.''.
    (f) Clarification of Discretion.--Section 242(a)(2)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) is amended--
            (1) by inserting ``or the Secretary of Homeland Security'' 
        after ``Attorney General'' each place such term appears; and
            (2) in the matter preceding clause (i), by inserting ``and 
        regardless of whether the judgment, decision, or action is made 
        in removal proceedings,'' after ``other provision of law,''.

    (g) Removal of Caps.--
            (1) Asylees.--Section 209 of the Immigration and Nationality 
        Act (8 U.S.C. 1159) is amended--
                    (A) in subsection (a)(1)--
                          (i) by striking ``Service'' and inserting 
                      ``Department of Homeland Security''; and
                          (ii) by striking ``Attorney General'' each 
                      place such term appears and inserting ``Secretary 
                      of Homeland Security or the Attorney General'';
                    (B) in subsection (b)--
                          (i) by striking ``Not more'' and all that 
                      follows through ``asylum who--'' and inserting 
                      ``The Secretary of Homeland Security or the 
                      Attorney General, in the Secretary's or the 
                      Attorney General's discretion and under such 
                      regulations as the Secretary or the Attorney 
                      General may prescribe, may adjust to the status of 
                      an alien lawfully admitted for permanent residence 
                      the status of any alien granted asylum who--''; 
                      and
                          (ii) in the matter following paragraph (5), by 
                      striking ``Attorney General'' and inserting 
                      ``Secretary of Homeland Security or the Attorney 
                      General''; and
                    (C) in subsection (c), by striking ``Attorney 
                General'' and inserting ``Secretary of Homeland Security 
                or the Attorney General''.
            (2) Persons resisting coercive population control methods.--
        Section 207(a) of the Immigration and Nationality Act (8 U.S.C. 
        1157(a)) is amended by striking paragraph (5).

    (h) <<NOTE: Applicability.>> Effective Dates.--
            (1) <<NOTE: 8 USC 1158 note.>> The amendments made by 
        paragraphs (1) and (2) of subsection (a) shall take effect as if 
        enacted on March 1, 2003.
            (2) The amendments made by subsections (a)(3), (b), (c), and 
        (d) shall take effect on the date of the enactment of this 
        division and shall apply to applications for asylum, 
        withholding, or other relief from removal made on or after such 
        date.
            (3) <<NOTE: 8 USC 1252 note.>> The amendment made by 
        subsection (e) shall take effect on the date of the enactment of 
        this division and shall apply

[[Page 119 STAT. 306]]

        to all cases in which the final administrative removal order is 
        or was issued before, on, or after such date.
            (4) The amendments made by subsection (f) shall take effect 
        on the date of the enactment of this division and shall apply to 
        all cases pending before any court on or after such date.
            (5) <<NOTE: 8 USC 1157 note.>> The amendments made by 
        subsection (g) shall take effect on the date of the enactment of 
        this division.

    (i) Repeal.--Section 5403 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458) <<NOTE: 118 Stat. 3737.>> is 
repealed.

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

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

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

    (a) In General.--So much of section 212(a)(3)(B)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) as precedes 
the final sentence is amended to read as follows:
                          ``(i) In general.--Any alien who--
                                    ``(I) has engaged in a terrorist 
                                activity;
                                    ``(II) a consular officer, the 
                                Attorney General, or the Secretary of 
                                Homeland Security knows, or has 
                                reasonable ground to believe, is engaged 
                                in or is likely to engage after entry in 
                                any terrorist activity (as defined in 
                                clause (iv));

[[Page 119 STAT. 307]]

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

    (b) Engage in Terrorist Activity Defined.--Section 212(a)(3)(B)(iv) 
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is 
amended to read as follows:
                          ``(iv) Engage in terrorist activity defined.--
                      As used in this Act, the term `engage in terrorist 
                      activity' means, in an individual capacity or as a 
                      member of an organization--
                                    ``(I) to commit or to incite to 
                                commit, under circumstances indicating 
                                an intention to cause death or serious 
                                bodily injury, a terrorist activity;
                                    ``(II) to prepare or plan a 
                                terrorist activity;
                                    ``(III) to gather information on 
                                potential targets for terrorist 
                                activity;
                                    ``(IV) to solicit funds or other 
                                things of value for--
                                            ``(aa) a terrorist activity;
                                            ``(bb) a terrorist 
                                        organization described in clause 
                                        (vi)(I) or (vi)(II); or
                                            ``(cc) a terrorist 
                                        organization described in clause 
                                        (vi)(III), unless the solicitor 
                                        can demonstrate by clear and 
                                        convincing evidence that he did 
                                        not know, and should not 
                                        reasonably have known, that the 
                                        organization was a terrorist 
                                        organization;
                                    ``(V) to solicit any individual--
                                            ``(aa) to engage in conduct 
                                        otherwise described in this 
                                        subsection;

[[Page 119 STAT. 308]]

                                            ``(bb) for membership in a 
                                        terrorist organization described 
                                        in clause (vi)(I) or (vi)(II); 
                                        or
                                            ``(cc) for membership in a 
                                        terrorist organization described 
                                        in clause (vi)(III) unless the 
                                        solicitor can demonstrate by 
                                        clear and convincing evidence 
                                        that he did not know, and should 
                                        not reasonably have known, that 
                                        the organization was a terrorist 
                                        organization; or
                                    ``(VI) to commit an act that the 
                                actor knows, or reasonably should know, 
                                affords material support, including a 
                                safe house, transportation, 
                                communications, funds, transfer of funds 
                                or other material financial benefit, 
                                false documentation or identification, 
                                weapons (including chemical, biological, 
                                or radiological weapons), explosives, or 
                                training--
                                            ``(aa) for the commission of 
                                        a terrorist activity;
                                            ``(bb) to any individual who 
                                        the actor knows, or reasonably 
                                        should know, has committed or 
                                        plans to commit a terrorist 
                                        activity;
                                            ``(cc) to a terrorist 
                                        organization described in 
                                        subclause (I) or (II) of clause 
                                        (vi) or to any member of such an 
                                        organization; or
                                            ``(dd) to a terrorist 
                                        organization described in clause 
                                        (vi)(III), or to any member of 
                                        such an organization, unless the 
                                        actor can demonstrate by clear 
                                        and convincing evidence that the 
                                        actor did not know, and should 
                                        not reasonably have known, that 
                                        the organization was a terrorist 
                                        organization.''.

    (c) Terrorist Organization Defined.--Section 212(a)(3)(B)(vi) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)) is amended 
to read as follows:
                          ``(vi) Terrorist organization defined.--As 
                      used in this section, the term `terrorist 
                      organization' means an organization--
                                    ``(I) designated under section 219;
                                    ``(II) otherwise designated, upon 
                                publication in the Federal Register, by 
                                the Secretary of State in consultation 
                                with or upon the request of the Attorney 
                                General or the Secretary of Homeland 
                                Security, as a terrorist organization, 
                                after finding that the organization 
                                engages in the activities described in 
                                subclauses (I) through (VI) of clause 
                                (iv); or
                                    ``(III) that is a group of two or 
                                more individuals, whether organized or 
                                not, which engages in, or has a subgroup 
                                which engages in, the activities 
                                described in subclauses (I) through (VI) 
                                of clause (iv).''.

    (d) <<NOTE: Applicability. 8 USC 1182 note.>> Effective Date.--The 
amendments made by this section shall take effect on the date of the 
enactment of this division, and these amendments, and section 
212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(3)(B)), as amended by this section, shall apply to--

[[Page 119 STAT. 309]]

            (1) removal proceedings instituted before, on, or after the 
        date of the enactment of this division; and
            (2) acts and conditions constituting a ground for 
        inadmissibility, excludability, deportation, or removal 
        occurring or existing before, on, or after such date.

SEC. 104. WAIVER FOR CERTAIN GROUNDS OF INADMISSIBILITY.

    Section 212(d)(3) of the Immigration and Nationality Act (8 U.S.C. 
1182(d)(3)) is amended--
            (1) by striking ``(3)'' and inserting ``(3)(A)'';
            (2) by striking ``alien (A)'' and inserting ``alien (i)'';
            (3) by striking ``or (B)'' and inserting ``or (ii)''; and
            (4) by adding at the end the following:

    ``(B)(i) The Secretary of State, after consultation with the 
Attorney General and the Secretary of Homeland Security, or the 
Secretary of Homeland Security, after consultation with the Secretary of 
State and the Attorney General, may conclude in such Secretary's sole 
unreviewable discretion that subsection (a)(3)(B)(i)(IV)(bb) or 
(a)(3)(B)(i)(VII) shall not apply to an alien, that subsection 
(a)(3)(B)(iv)(VI) shall not apply with respect to any material support 
an alien afforded to an organization or individual that has engaged in a 
terrorist activity, or that subsection (a)(3)(B)(vi)(III) shall not 
apply to a group solely by virtue of having a subgroup within the scope 
of that subsection. The Secretary of State may not, however, exercise 
discretion under this clause with respect to an alien once removal 
proceedings against the alien are instituted under section 240.
    ``(ii) <<NOTE: Deadline. Reports.>> Not later than 90 days after the 
end of each fiscal year, the Secretary of State and the Secretary of 
Homeland Security shall each provide to the Committees on the Judiciary 
of the House of Representatives and of the Senate, the Committee on 
International Relations of the House of Representatives, the Committee 
on Foreign Relations of the Senate, and the Committee on Homeland 
Security of the House of Representatives a report on the aliens to whom 
such Secretary has applied clause (i). Within one week of applying 
clause (i) to a group, the Secretary of State or the Secretary of 
Homeland Security shall provide a report to such Committees.''.

SEC. 105. REMOVAL OF TERRORISTS.

    (a) In General.--
            (1) In general.--Section 237(a)(4)(B) of the Immigration and 
        Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended to read as 
        follows:
                    ``(B) Terrorist activities.--Any alien who is 
                described in subparagraph (B) or (F) of section 
                212(a)(3) is deportable.''.
            (2) <<NOTE: Applicability. 8 USC 1227 note.>> Effective 
        date.--The amendment made by paragraph (1) shall take effect on 
        the date of the enactment of this division, and the amendment, 
        and section 237(a)(4)(B) of the Immigration and Nationality Act 
        (8 U.S.C. 1227(a)(4)(B)), as amended by such paragraph, shall 
        apply to--
                    (A) removal proceedings instituted before, on, or 
                after the date of the enactment of this division; and
                    (B) acts and conditions constituting a ground for 
                inadmissibility, excludability, deportation, or removal 
                occurring or existing before, on, or after such date.

[[Page 119 STAT. 310]]

    (b) <<NOTE: Effective date.>> Repeal.--Effective as of the date of 
the enactment of the Intelligence Reform and Terrorism Prevention Act of 
2004 (Public Law 108-458), section 5402 of such Act <<NOTE: 8 USC 
1227.>> is repealed, and the Immigration and Nationality Act shall be 
applied as if such section had not been enacted.

SEC. 106. JUDICIAL REVIEW OF ORDERS OF REMOVAL.

    (a) In General.--Section 242 of the Immigration and Nationality Act 
(8 U.S.C. 1252) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                          (i) in subparagraph (A), by inserting 
                      ``(statutory or nonstatutory), including section 
                      2241 of title 28, United States Code, or any other 
                      habeas corpus provision, and sections 1361 and 
                      1651 of such title'' after ``Notwithstanding any 
                      other provision of law'';
                          (ii) in each of subparagraphs (B) and (C), by 
                      inserting ``(statutory or nonstatutory), including 
                      section 2241 of title 28, United States Code, or 
                      any other habeas corpus provision, and sections 
                      1361 and 1651 of such title, and except as 
                      provided in subparagraph (D)'' after 
                      ``Notwithstanding any other provision of law''; 
                      and
                          (iii) by adding at the end the following:
                    ``(D) Judicial review of certain legal claims.--
                Nothing in subparagraph (B) or (C), or in any other 
                provision of this Act (other than this section) which 
                limits or eliminates judicial review, shall be construed 
                as precluding review of constitutional claims or 
                questions of law raised upon a petition for review filed 
                with an appropriate court of appeals in accordance with 
                this section.''; and
                    (B) by adding at the end the following:
            ``(4) Claims under the united nations convention.--
        Notwithstanding any other provision of law (statutory or 
        nonstatutory), including section 2241 of title 28, United States 
        Code, or any other habeas corpus provision, and sections 1361 
        and 1651 of such title, a petition for review filed with an 
        appropriate court of appeals in accordance with this section 
        shall be the sole and exclusive means for judicial review of any 
        cause or claim under the United Nations Convention Against 
        Torture and Other Forms of Cruel, Inhuman, or Degrading 
        Treatment or Punishment, except as provided in subsection (e).
            ``(5) Exclusive means of review.--Notwithstanding any other 
        provision of law (statutory or nonstatutory), including section 
        2241 of title 28, United States Code, or any other habeas corpus 
        provision, and sections 1361 and 1651 of such title, a petition 
        for review filed with an appropriate court of appeals in 
        accordance with this section shall be the sole and exclusive 
        means for judicial review of an order of removal entered or 
        issued under any provision of this Act, except as provided in 
        subsection (e). For purposes of this Act, in every provision 
        that limits or eliminates judicial review or jurisdiction to 
        review, the terms `judicial review' and `jurisdiction to review' 
        include habeas corpus review pursuant to section 2241 of title 
        28, United States Code, or any other habeas corpus provision,

[[Page 119 STAT. 311]]

        sections 1361 and 1651 of such title, and review pursuant to any 
        other provision of law (statutory or nonstatutory).'';
            (2) in subsection (b)(9), by adding at the end the 
        following: ``Except as otherwise provided in this section, no 
        court shall have jurisdiction, by habeas corpus under section 
        2241 of title 28, United States Code, or any other habeas corpus 
        provision, by section 1361 or 1651 of such title, or by any 
        other provision of law (statutory or nonstatutory), to review 
        such an order or such questions of law or fact.''; and
            (3) in subsection (g), by inserting ``(statutory or 
        nonstatutory), including section 2241 of title 28, United States 
        Code, or any other habeas corpus provision, and sections 1361 
        and 1651 of such title'' after ``notwithstanding any other 
        provision of law''.

    (b) <<NOTE: Applicability. 8 USC 1252 note.>> Effective Date.--The 
amendments made by subsection (a) shall take effect upon the date of the 
enactment of this division and shall apply to cases in which the final 
administrative order of removal, deportation, or exclusion was issued 
before, on, or after the date of the enactment of this division.

    (c) <<NOTE: 8 USC 1252 note.>> Transfer of Cases.--If an alien's 
case, brought under section 2241 of title 28, United States Code, and 
challenging a final administrative order of removal, deportation, or 
exclusion, is pending in a district court on the date of the enactment 
of this division, then the district court shall transfer the case (or 
the part of the case that challenges the order of removal, deportation, 
or exclusion) to the court of appeals for the circuit in which a 
petition for review could have been properly filed under section 
242(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1252), as 
amended by this section, or under section 309(c)(4)(D) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1101 note). The court of appeals shall treat the transferred case as if 
it had been filed pursuant to a petition for review under such section 
242, except that subsection (b)(1) of such section shall not apply.

    (d) <<NOTE: 8 USC 1252 note.>> Transitional Rule Cases.--A petition 
for review filed under former section 106(a) of the Immigration and 
Nationality Act (as in effect before its repeal by section 306(b) of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1252 note)) shall be treated as if it had been filed as a 
petition for review under section 242 of the Immigration and Nationality 
Act (8 U.S.C. 1252), as amended by this section. Notwithstanding any 
other provision of law (statutory or nonstatutory), including section 
2241 of title 28, United States Code, or any other habeas corpus 
provision, and sections 1361 and 1651 of such title, such petition for 
review shall be the sole and exclusive means for judicial review of an 
order of deportation or exclusion.

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

SEC. 201. <<NOTE: 49 USC 30301 note.>> DEFINITIONS.

    In this title, the following definitions apply:

[[Page 119 STAT. 312]]

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

SEC. 202. <<NOTE: 49 USC 30301 note.>> MINIMUM DOCUMENT REQUIREMENTS AND 
            ISSUANCE STANDARDS FOR FEDERAL RECOGNITION.

    (a) Minimum Standards for Federal Use.--
            (1) <<NOTE: Effective date.>> In general.--Beginning 3 years 
        after the date of the enactment of this division, a Federal 
        agency may not accept, for any official purpose, a driver's 
        license or identification card issued by a State to any person 
        unless the State is meeting the requirements of this section.
            (2) State certifications.--The Secretary shall determine 
        whether a State is meeting the requirements of this section 
        based on certifications made by the State to the Secretary. Such 
        certifications shall be made at such times and in such manner as 
        the Secretary, in consultation with the Secretary of 
        Transportation, may prescribe by regulation.

    (b) Minimum Document Requirements.--To meet the requirements of this 
section, a State shall include, at a minimum, the following information 
and features on each driver's license and identification card issued to 
a person by the State:
            (1) The person's full legal name.
            (2) The person's date of birth.
            (3) The person's gender.
            (4) The person's driver's license or identification card 
        number.
            (5) A digital photograph of the person.
            (6) The person's address of principle residence.
            (7) The person's signature.
            (8) Physical security features designed to prevent 
        tampering, counterfeiting, or duplication of the document for 
        fraudulent purposes.
            (9) A common machine-readable technology, with defined 
        minimum data elements.

    (c) Minimum Issuance Standards.--
            (1) In general.--To meet the requirements of this section, a 
        State shall require, at a minimum, presentation and verification 
        of the following information before issuing a driver's license 
        or identification card to a person:

[[Page 119 STAT. 313]]

                    (A) A photo identity document, except that a non-
                photo identity document is acceptable if it includes 
                both the person's full legal name and date of birth.
                    (B) Documentation showing the person's date of 
                birth.
                    (C) Proof of the person's social security account 
                number or verification that the person is not eligible 
                for a social security account number.
                    (D) Documentation showing the person's name and 
                address of principal residence.
            (2) Special requirements.--
                    (A) In general.--To meet the requirements of this 
                section, a State shall comply with the minimum standards 
                of this paragraph.
                    (B) Evidence of lawful status.--A State shall 
                require, before issuing a driver's license or 
                identification card to a person, valid documentary 
                evidence that the person--
                          (i) is a citizen or national of the United 
                      States;
                          (ii) is an alien lawfully admitted for 
                      permanent or temporary residence in the United 
                      States;
                          (iii) has conditional permanent resident 
                      status in the United States;
                          (iv) has an approved application for asylum in 
                      the United States or has entered into the United 
                      States in refugee status;
                          (v) has a valid, unexpired nonimmigrant visa 
                      or nonimmigrant visa status for entry into the 
                      United States;
                          (vi) has a pending application for asylum in 
                      the United States;
                          (vii) has a pending or approved application 
                      for temporary protected status in the United 
                      States;
                          (viii) has approved deferred action status; or
                          (ix) has a pending application for adjustment 
                      of status to that of an alien lawfully admitted 
                      for permanent residence in the United States or 
                      conditional permanent resident status in the 
                      United States.
                    (C) Temporary drivers' licenses and identification 
                cards.--
                          (i) In general.--If a person presents evidence 
                      under any of clauses (v) through (ix) of 
                      subparagraph (B), the State may only issue a 
                      temporary driver's license or temporary 
                      identification card to the person.
                          (ii) Expiration date.--A temporary driver's 
                      license or temporary identification card issued 
                      pursuant to this subparagraph shall be valid only 
                      during the period of time of the applicant's 
                      authorized stay in the United States or, if there 
                      is no definite end to the period of authorized 
                      stay, a period of one year.
                          (iii) Display of expiration date.--A temporary 
                      driver's license or temporary identification card 
                      issued pursuant to this subparagraph shall clearly 
                      indicate that it is temporary and shall state the 
                      date on which it expires.
                          (iv) Renewal.--A temporary driver's license or 
                      temporary identification card issued pursuant to 
                      this subparagraph may be renewed only upon 
                      presentation

[[Page 119 STAT. 314]]

                      of valid documentary evidence that the status by 
                      which the applicant qualified for the temporary 
                      driver's license or temporary identification card 
                      has been extended by the Secretary of Homeland 
                      Security.
            (3) Verification of documents.--To meet the requirements of 
        this section, a State shall implement the following procedures:
                    (A) Before issuing a driver's license or 
                identification card to a person, the State shall verify, 
                with the issuing agency, the issuance, validity, and 
                completeness of each document required to be presented 
                by the person under paragraph (1) or (2).
                    (B) The State shall not accept any foreign document, 
                other than an official passport, to satisfy a 
                requirement of paragraph (1) or (2).
                    (C) <<NOTE: Deadline. Memorandum.>> Not later than 
                September 11, 2005, the State shall enter into a 
                memorandum of understanding with the Secretary of 
                Homeland Security to routinely utilize the automated 
                system known as Systematic Alien Verification for 
                Entitlements, as provided for by section 404 of the 
                Illegal Immigration Reform and Immigrant Responsibility 
                Act of 1996 (110 Stat. 3009-664), to verify the legal 
                presence status of a person, other than a United States 
                citizen, applying for a driver's license or 
                identification card.

    (d) Other Requirements.--To meet the requirements of this section, a 
State shall adopt the following practices in the issuance of drivers' 
licenses and identification cards:
            (1) Employ technology to capture digital images of identity 
        source documents so that the images can be retained in 
        electronic storage in a transferable format.
            (2) Retain paper copies of source documents for a minimum of 
        7 years or images of source documents presented for a minimum of 
        10 years.
            (3) Subject each person applying for a driver's license or 
        identification card to mandatory facial image capture.
            (4) Establish an effective procedure to confirm or verify a 
        renewing applicant's information.
            (5) Confirm with the Social Security Administration a social 
        security account number presented by a person using the full 
        social security account number. In the event that a social 
        security account number is already registered to or associated 
        with another person to which any State has issued a driver's 
        license or identification card, the State shall resolve the 
        discrepancy and take appropriate action.
            (6) Refuse to issue a driver's license or identification 
        card to a person holding a driver's license issued by another 
        State without confirmation that the person is terminating or has 
        terminated the driver's license.
            (7) Ensure the physical security of locations where drivers' 
        licenses and identification cards are produced and the security 
        of document materials and papers from which drivers' licenses 
        and identification cards are produced.
            (8) Subject all persons authorized to manufacture or produce 
        drivers' licenses and identification cards to appropriate 
        security clearance requirements.

[[Page 119 STAT. 315]]

            (9) Establish fraudulent document recognition training 
        programs for appropriate employees engaged in the issuance of 
        drivers' licenses and identification cards.
            (10) Limit the period of validity of all driver's licenses 
        and identification cards that are not temporary to a period that 
        does not exceed 8 years.
            (11) In any case in which the State issues a driver's 
        license or identification card that does not satisfy the 
        requirements of this section, ensure that such license or 
        identification card--
                    (A) clearly states on its face that it may not be 
                accepted by any Federal agency for federal 
                identification or any other official purpose; and
                    (B) uses a unique design or color indicator to alert 
                Federal agency and other law enforcement personnel that 
                it may not be accepted for any such purpose.
            (12) Provide electronic access to all other States to 
        information contained in the motor vehicle database of the 
        State.
            (13) Maintain a State motor vehicle database that contains, 
        at a minimum--
                    (A) all data fields printed on drivers' licenses and 
                identification cards issued by the State; and
                    (B) motor vehicle drivers' histories, including 
                motor vehicle violations, suspensions, and points on 
                licenses.

SEC. 203. <<NOTE: 49 USC 30301 note.>> TRAFFICKING IN AUTHENTICATION 
            FEATURES FOR USE IN FALSE IDENTIFICATION DOCUMENTS.

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

SEC. 204. GRANTS TO <<NOTE: 49 USC 30301 note.>> STATES.

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

SEC. 205. <<NOTE: 49 USC 30301 note.>> AUTHORITY.

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

[[Page 119 STAT. 316]]

SEC. 206. REPEAL.

    Section 7212 of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (Public Law 108-458) <<NOTE: 49 USC 30301 note. 49 USC 30301 
note.>> is repealed.

SEC. 207. LIMITATION ON STATUTORY CONSTRUCTION.

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

       TITLE III--BORDER INFRASTRUCTURE AND TECHNOLOGY INTEGRATION

SEC. 301. VULNERABILITY AND THREAT <<NOTE: 8 USC 1778.>> ASSESSMENT.

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

SEC. 302. <<NOTE: 8 USC 1712 note.>> USE OF GROUND SURVEILLANCE 
            TECHNOLOGIES FOR BORDER SECURITY.

    (a) <<NOTE: Deadline.>> Pilot Program.--Not later than 180 days 
after the date of the enactment of this division, the Under Secretary of 
Homeland Security for Science and Technology, in consultation with the 
Under Secretary of Homeland Security for Border and Transportation 
Security, the Under Secretary of Homeland Security for Information 
Analysis and Infrastructure Protection, and the Secretary of Defense, 
shall develop a pilot program to utilize, or increase the utilization 
of, ground surveillance technologies to enhance the border security of 
the United States. In developing the program, the Under Secretary 
shall--
            (1) consider various current and proposed ground 
        surveillance technologies that could be utilized to enhance the 
        border security of the United States;
            (2) assess the threats to the border security of the United 
        States that could be addressed by the utilization of such 
        technologies; and
            (3) assess the feasibility and advisability of utilizing 
        such technologies to address such threats, including an 
        assessment

[[Page 119 STAT. 317]]

        of the technologies considered best suited to address such 
        threats.

    (b) Additional Requirements.--
            (1) In general.--The pilot program shall include the 
        utilization of a variety of ground surveillance technologies in 
        a variety of topographies and areas (including both populated 
        and unpopulated areas) on both the northern and southern borders 
        of the United States in order to evaluate, for a range of 
        circumstances--
                    (A) the significance of previous experiences with 
                such technologies in homeland security or critical 
                infrastructure protection for the utilization of such 
                technologies for border security;
                    (B) the cost, utility, and effectiveness of such 
                technologies for border security; and
                    (C) liability, safety, and privacy concerns relating 
                to the utilization of such technologies for border 
                security.
            (2) Technologies.--The ground surveillance technologies 
        utilized in the pilot program shall include the following:
                    (A) Video camera technology.
                    (B) Sensor technology.
                    (C) Motion detection technology.

    (c) Implementation.--The Under Secretary of Homeland Security for 
Border and Transportation Security shall implement the pilot program 
developed under this section.
    (d) Report.--Not later than 1 year after implementing the pilot 
program under subsection (a), the Under Secretary shall submit a report 
on the program to the Senate Committee on Commerce, Science, and 
Transportation, the House of Representatives Committee on Science, the 
House of Representatives Committee on Homeland Security, and the House 
of Representatives Committee on the Judiciary. The Under Secretary shall 
include in the report a description of the program together with such 
recommendations as the Under Secretary finds appropriate, including 
recommendations for terminating the program, making the program 
permanent, or enhancing the program.

SEC. 303. <<NOTE: 8 USC 1721 note.>> ENHANCEMENT OF COMMUNICATIONS 
            INTEGRATION AND INFORMATION SHARING ON BORDER SECURITY.

    (a) <<NOTE: Deadline.>> In General.--Not later than 180 days after 
the date of the enactment of this division, the Secretary of Homeland 
Security, acting through the Under Secretary of Homeland Security for 
Border and Transportation Security, in consultation with the Under 
Secretary of Homeland Security for Science and Technology, the Under 
Secretary of Homeland Security for Information Analysis and 
Infrastructure Protection, the Assistant Secretary of Commerce for 
Communications and Information, and other appropriate Federal, State, 
local, and tribal agencies, shall develop and implement a plan--
            (1) to improve the communications systems of the departments 
        and agencies of the Federal Government in order to facilitate 
        the integration of communications among the departments and 
        agencies of the Federal Government and State, local government 
        agencies, and Indian tribal agencies on matters relating to 
        border security; and
            (2) to enhance information sharing among the departments and 
        agencies of the Federal Government, State and local

[[Page 119 STAT. 318]]

        government agencies, and Indian tribal agencies on such matters.

    (b) Report.--Not later than 1 year after implementing the plan under 
subsection (a), the Secretary shall submit a copy of the plan and a 
report on the plan, including any recommendations the Secretary finds 
appropriate, to the Senate Committee on Commerce, Science, and 
Transportation, the House of Representatives Committee on Science, the 
House of Representatives Committee on Homeland Security, and the House 
of Representatives Committee on the Judiciary.

TITLE <<NOTE: Save Our Small and Seasonal Businesses Act of 2005. 8 USC 
1101 note.>> IV--TEMPORARY WORKERS

SEC. 401. SHORT TITLE.

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

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

    (a) In General.--Section 214(g) of the Immigration and Nationality 
Act (8 U.S.C. 1184(g)) is amended by adding at the end the following:
    ``(9)(A) Subject to subparagraphs (B) and (C), an alien who has 
already been counted toward the numerical limitations of paragraph 
(1)(B) during any 1 of the 3 fiscal years prior to the fiscal year of 
the approved start date of a petition for a nonimmigrant worker 
described in section 101(a)(15)(H)(ii)(b) shall not be counted toward 
such limitation for the fiscal year in which the petition is approved. 
Such an alien shall be considered a returning worker.
    ``(B) A petition referred to in subparagraph (A) shall include, with 
respect to a returning worker--
            ``(i) all information and evidence that the Secretary of 
        Homeland Security determines is required to support a petition 
        for status under section 101(a)(15)(H)(ii)(b);
            ``(ii) the full name of the alien; and
            ``(iii) a certification to the Department of Homeland 
        Security that the alien is a returning worker.

    ``(C) An H-2B visa or grant of nonimmigrant status for a returning 
worker shall be approved only if the alien is confirmed to be a 
returning worker by--
            ``(i) the Department of State; or
            ``(ii) if the alien is visa exempt or seeking to change to 
        status under section 101 (a)(15)(H)(ii)(b), the Department of 
        Homeland Security.''.

    (b) <<NOTE: 8 USC 1184 note.>> Effective Date.--
            (1) <<NOTE: Termination date.>> In general.--The amendment 
        in subsection (a) shall take effect as if enacted on October 1, 
        2004, and shall expire on October 1, 2006.
            (2) <<NOTE: Deadline.>> Implementation.--Not later than 14 
        days after the date of the enactment of this Act, the Secretary 
        of Homeland Security shall begin accepting and processing 
        petitions filed on behalf of aliens described in section 
        101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act, in 
        a manner consistent with this section and the amendments made by 
        this section. Notwithstanding section 214(g)(9)(B) of such Act, 
        as added by subsection (a), the Secretary of Homeland Security 
        shall allocate additional numbers for fiscal year 2005 based on 
        statistical

[[Page 119 STAT. 319]]

        estimates and projections derived from Department of State data.

SEC. 403. FRAUD PREVENTION AND DETECTION FEE.

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

    (c) <<NOTE: 8 USC 1184 note.>> Effective Date.--The amendments made 
by subsections (a) and (b) shall take effect 14 days after the date of 
the enactment of this Act and shall apply to filings for a fiscal year 
after fiscal year 2005.

SEC. 404. SANCTIONS.

    (a) In General.--Section 214(c) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)), as amended by section 403, is further amended by 
adding at the end the following:
    ``(14)(A) If the Secretary of Homeland Security finds, after notice 
and an opportunity for a hearing, a substantial failure to meet any of 
the conditions of the petition to admit or otherwise provide status to a 
nonimmigrant worker under section 101(a)(15)(H)(ii)(b) or a willful 
misrepresentation of a material fact in such petition--
            ``(i) the Secretary of Homeland Security may, in addition to 
        any other remedy authorized by law, impose such administrative 
        remedies (including civil monetary penalties in an amount not to 
        exceed $10,000 per violation) as the Secretary of Homeland 
        Security determines to be appropriate; and

[[Page 119 STAT. 320]]

            ``(ii) the Secretary of Homeland Security may deny petitions 
        filed with respect to that employer under section 204 or 
        paragraph (1) of this subsection during a period of at least 1 
        year but not more than 5 years for aliens to be employed by the 
        employer.

    ``(B) The Secretary of Homeland Security may delegate to the 
Secretary of Labor, with the agreement of the Secretary of Labor, any of 
the authority given to the Secretary of Homeland Security under 
subparagraph (A)(i).
    ``(C) In determining the level of penalties to be assessed under 
subparagraph (A), the highest penalties shall be reserved for willful 
failures to meet any of the conditions of the petition that involve harm 
to United States workers.
    ``(D) In this paragraph, the term `substantial failure' means the 
willful failure to comply with the requirements of this section that 
constitutes a significant deviation from the terms and conditions of a 
petition.''.
    (b) <<NOTE: 8 USC 1184 note.>> Effective Date.--The amendment made 
by subsection (a) shall take effect on October 1, 2005.

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

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

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

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

    ``(d) Provision of Information.--
            ``(1) <<NOTE: Deadline.>> Semiannual notification.--
        Beginning not later than March 1, 2006, the Secretary of 
        Homeland Security and the Secretary of State shall notify, on a 
        semiannual basis, the Committees on the Judiciary of the House 
        of Representatives and the Senate of the number of aliens who 
        during the preceding 1-year period--
                    ``(A) were issued visas or otherwise provided 
                nonimmigrant status under section 101(a)(15)(H)(ii)(b) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)(H)(ii)(b)); or
                    ``(B) had such a visa or such status be revoked or 
                otherwise terminated.
            ``(2) <<NOTE: Deadlines. Reports.>> Annual submission.--
        Beginning in fiscal year 2007, the Secretary of Homeland 
        Security and the Secretary of State shall submit, on an annual 
        basis, to the Committees on the Judiciary of the House of 
        Representatives and the Senate--

[[Page 119 STAT. 321]]

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

SEC. 407. <<NOTE: 8 USC 1184 note.>> EXEMPTION FROM ADMINISTRATIVE 
            PROCEDURE ACT.

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

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

SEC. 501. RECIPROCAL VISAS FOR NATIONALS OF AUSTRALIA.

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

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

[[Page 119 STAT. 322]]

    ``(B) The applicable numerical limitation referred to in 
subparagraph (A) is 10,500 for each fiscal year.
    ``(C) <<NOTE: Applicability.>> The applicable numerical limitation 
referred to in subparagraph (A) shall only apply to principal aliens and 
not to the spouses or children of such aliens.''.

    (c) Specialty Occupation Defined.--Section 214(i)(1) of such Act (8 
U.S.C. 1184(i)(1)) is amended by inserting ``, section 
101(a)(15)(E)(iii),'' after ``section 101(a)(15)(H)(i)(b)''.
    (d) Attestation.--Section 212(t) of such Act (8 U.S.C. 1182(t)), as 
added by section 402(b)(2) of the United States-Chile Free Trade 
Agreement Implementation Act (Public Law 108-77; 117 Stat. 941), is 
amended--
            (1) by inserting ``or section 101(a)(15)(E)(iii)'' after 
        ``section 101(a)(15)(H)(i)(b1)'' each place it appears; and
            (2) in paragraphs (3)(C)(i)(II), (3)(C)(ii)(II), and 
        (3)(C)(iii)(II) by striking ``or 101(a)(15)(H)(i)(b1)'' each 
        place it appears and inserting ``101(a)(15)(H)(i)(b1), or 
        101(a)(15)(E)(iii)''.

SEC. 502. VISAS FOR NURSES.

    Section 106(d) of the American Competitiveness in the Twenty-first 
Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is 
amended--
            (1) in paragraph (1), by inserting before the period at the 
        end of the second sentence ``and any such visa that is made 
        available due to the difference between the number of 
        employment-based visas that were made available in fiscal year 
        2001, 2002, 2003, or 2004 and the number of such visas that were 
        actually used in such fiscal year shall be available only to 
        employment-based immigrants (and their family members 
        accompanying or following to join under section 203(d) of such 
        Act (8 U.S.C. 1153(d))) whose immigrant worker petitions were 
        approved based on schedule A, as defined in section 656.5 of 
        title 20, Code of Federal Regulations, as promulgated by the 
        Secretary of Labor'';
            (2) in paragraph (2)(A), by striking ``and 2000'' and 
        inserting ``through 2004''; and
            (3) in paragraph (2), by amending subparagraph (B) to read 
        as follows:
                    ``(B)(i) Reduction.--The number described in 
                subparagraph (A) shall be reduced, for each fiscal year 
                after fiscal year 2001, by the cumulative number of 
                immigrant visas actually used under paragraph (1) for 
                previous fiscal years.

[[Page 119 STAT. 323]]

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

    Approved May 11, 2005.

LEGISLATIVE HISTORY--H.R. 1268:
---------------------------------------------------------------------------

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

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