`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1268 Enrolled Bill (ENR)]

        H.R.1268

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
            the fourth day of January, two thousand and five


                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress 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 A--EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE 
             GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF, 2005

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

                TITLE I--DEFENSE-RELATED APPROPRIATIONS

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

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

                Operation and Maintenance, Army Reserve

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

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

             Operation and Maintenance, Army National Guard

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

                    Afghanistan Security Forces Fund


                      (Including Transfer of Funds)

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

                       Iraq Security Forces Fund


                      (Including Transfer of Funds)

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

                              PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

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

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

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

                            RELATED AGENCIES

               Intelligence Community Management Account

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

         Drug Interdiction and Counter-Drug Activities, Defense


                      (Including Transfer of Funds)

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

                    Office of the Inspector General

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

                         Defense Health Program

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

                         MILITARY CONSTRUCTION

                      Military Construction, Army

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

              Military Construction, Navy and Marine Corps

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

                    Military Construction, Air Force

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

                     GENERAL PROVISIONS, THIS TITLE


                        Special Transfer Authority

                           (transfer of funds)

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


                        General Transfer Authority

                           (transfer of funds)

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


                         counter-drug activities

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


                   Extraordinary and Emergency Expenses

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


                             Advance Billing

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


                  Commander's Emergency Response Program

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


                            Classified Program

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


                   limitation on civilian compensation

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


             Office of the Director of National Intelligence

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


                        coalition liaison officers

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


                        Reserve Affiliation Bonus

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


                   Servicemembers' Group Life Insurance

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


                              Death Gratuity

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


                  Intelligence Activities Authorization

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


                    Prohibition of New Start Programs

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


                    Chemical Weapons Demilitarization

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


                   Philadelphia Regional Port Authority

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


                          LPD-17 COST ADJUSTMENT

                           (TRANSFER OF FUNDS)

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


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

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


                               CIVILIAN PAY

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


                     INDUSTRIAL MOBILIZATION CAPACITY

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


                BASIC ALLOWANCE FOR HOUSING FOR DEPENDENTS

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


                     Prohibition on Charges for Meals

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


   REQUESTS FOR FUTURE FUNDING FOR MILITARY OPERATIONS IN AFGHANISTAN 
                                AND IRAQ

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


                      AIRCRAFT CARRIERS OF THE NAVY

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


             TRAVEL FOR FAMILY OF HOSPITALIZED SERVICEMEMBERS

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

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

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

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

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


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

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


                        purple heart commendations

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


              VIRTUAL TRAINING COCKPIT OPTIMIZATION PROGRAM

                           (TRANSFER OF FUNDS)

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


             transfer of funds for force protection programs

                           (Transfer of Funds)

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


    PROHIBITION ON TORTURE AND CRUEL, INHUMAN, OR DEGRADING TREATMENT

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


                       TRAUMATIC INJURY PROTECTION

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

``Sec. 1980A. Traumatic injury protection

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

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

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


         amounts from prior year iraq freedom fund appropriation

                          (rescission of funds)

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


                           technical correction

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


                        Defense Transfer Authority

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


        RE-USE AND REDEVELOPMENT OF CLOSED OR REALIGNED MILITARY 
                             INSTALLATIONS

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


                         CAMP JOSEPH T. ROBINSON

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

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

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service


                      Public Law 480 Title II Grants

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

                               CHAPTER 2

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                     Diplomatic and Consular Programs

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


             Embassy Security, Construction, and Maintenance

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

                      INTERNATIONAL ORGANIZATIONS

        Contributions for International Peacekeeping Activities


                      (including transfer of funds)

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

                             RELATED AGENCY

                    BROADCASTING BOARD OF GOVERNORS

                 International Broadcasting Operations

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

                   Broadcasting Capital Improvements

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

                     BILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

              International Disaster and Famine Assistance

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

   Operating Expenses of the United States Agency for International 
                              Development

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

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

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

                  OTHER BILATERAL ECONOMIC ASSISTANCE

                         Economic Support Fund


                      (Including transfer of funds)

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

    Assistance for the Independent States of the Former Soviet Union

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

                          DEPARTMENT OF STATE

          International Narcotics Control and Law Enforcement

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

                    Migration and Refugee Assistance

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

    Nonproliferation, Anti-Terrorism, Demining and Related Programs

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

                          MILITARY ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

                   Foreign Military Financing Program

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

                        Peacekeeping Operations

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

                    GENERAL PROVISIONS, THIS CHAPTER


                          Voluntary Contribution

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


                          (Rescission of Funds)

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


                            audit requirement

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


                          reporting requirement

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


                            audit requirement

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


                          Reporting Requirement

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


                         reprogramming authority

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


                   MARLA RUZICKA IRAQI WAR VICTIMS FUND

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


                           CANDIDATE COUNTRIES

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


                 HUMANITARIAN ASSISTANCE CODE OF CONDUCT

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


                       JOINT EXPLANATORY STATEMENT

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

        TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON TERROR

                               CHAPTER 1

                          DEPARTMENT OF ENERGY

                National Nuclear Security Administration


                     Defense Nuclear Nonproliferation

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

                               CHAPTER 2

                    DEPARTMENT OF HOMELAND SECURITY

                     CUSTOMS AND BORDER PROTECTION

                         Salaries and Expenses

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

                              Construction

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

                  IMMIGRATION AND CUSTOMS ENFORCEMENT

                         Salaries and Expenses

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

                       UNITED STATES COAST GUARD

                           Operating Expenses

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

              Acquisition, Construction, and Improvements

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

                FEDERAL LAW ENFORCEMENT TRAINING CENTER

                         Salaries and Expenses

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

     Acquisition, Construction, Improvements, and Related Expenses

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

                               CHAPTER 3

                         DEPARTMENT OF JUSTICE

                         General Administration


                            detention trustee

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

                            Legal Activities


                          asset forfeiture fund

                               (rescission)

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

                     United States Marshals Service


                          Salaries and Expenses

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

                    Federal Bureau of Investigation


                          Salaries and Expenses

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

                    Drug Enforcement Administration


                          Salaries and Expenses

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

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                          Salaries and Expenses

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

                               CHAPTER 4

                           LEGISLATIVE BRANCH

                        HOUSE OF REPRESENTATIVES

      Payment to Widows and Heirs of Deceased Members of Congress

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

                         Salaries and Expenses

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

                       Administrative Provisions


                      House Services Revolving Fund

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


                          technical corrections

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

                             CAPITOL POLICE

                            General Expenses

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

                        ARCHITECT OF THE CAPITOL

                            Capitol Grounds

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

                  Capitol Police Buildings and Grounds

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

                 TITLE IV--INDIAN OCEAN TSUNAMI RELIEF

                               CHAPTER 1

                  FUNDS APPROPRIATED TO THE PRESIDENT

                       OTHER BILATERAL ASSISTANCE

                Tsunami Recovery and Reconstruction Fund


                      (Including Transfers of Funds)

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

                    GENERAL PROVISIONS, THIS CHAPTER


                            Annual Limitation

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


                          reporting requirement

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


                          Authorization of Funds

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


                          AVIAN INFLUENZA VIRUS

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

                               CHAPTER 2

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

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

             Overseas Humanitarian, Disaster, and Civic Aid

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

                               CHAPTER 3

                    DEPARTMENT OF HOMELAND SECURITY

                       UNITED STATES COAST GUARD

                           Operating Expenses

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

                               CHAPTER 4

                       DEPARTMENT OF THE INTERIOR

                    United States Geological Survey


                  Surveys, Investigations, and Research

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

                               CHAPTER 5

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


                   Operations, Research, and Facilities

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


                Procurement, Acquisition and Construction

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

                TITLE V--OTHER EMERGENCY APPROPRIATIONS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                 Natural Resources Conservation Service


                  EMERGENCY WATERSHED PROTECTION PROGRAM

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

                    GENERAL PROVISIONS, THIS CHAPTER


                          Rural Housing Service

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


                     RURAL HOUSING ASSISTANCE GRANTS

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


                   WATERSHED PROJECTS IN WEST VIRGINIA

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


                           FARM SERVICE AGENCY

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

                               CHAPTER 2

                       DEPARTMENT OF THE INTERIOR

                        Departmental Management


                          Salaries and Expenses

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

                             RELATED AGENCY

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                   capital improvement and maintenance

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

                               CHAPTER 3

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary


             public health and social services emergency fund

                     (including rescissions of funds)

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

                               CHAPTER 4

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs


                  HOUSING FOR PERSONS WITH DISABILITIES

                     (including rescission of funds)

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

             Office of Federal Housing Enterprise Oversight


                          SALARIES AND EXPENSES

                      (INCLUDING TRANSFER OF FUNDS)

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

         TITLE VI--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS


                          Availability of Funds

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


                   References to Emergency Requirements

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


                    rural business-cooperative service

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


   mcclellan kerr navigation system advanced operations and maintenance

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


                       environmental infrastructure

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


                        DESOTO COUNTY, Mississippi

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


                     FORT PECK FISH HATCHERY, Montana

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


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

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


                  Offshore Oil and Gas Fabrication Ports

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


                       Environmental Infrastructure

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


                         Indiana Harbor, Indiana

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


                   Seminole Tribe, Big Cypress Project

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


                      san gabriel basin restoration

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


                  Silvery Minnow Off-Channel Sanctuaries

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


                        Desalination Act extension

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


                              energy supply

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


                            Office of Science

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


                              Fossil Energy

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


                            weapons activities

                      (including transfer of funds)

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


                      Defense Environmental Services

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


   Defense Site Acceleration Completion Transfer to Weapons Activities

                      (including transfer of funds)

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


                        small business contracting

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


                          nuclear waste disposal

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


                     Department of Homeland Security

                           Working Capital Fund

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


                 Office of the Chief Information Officer

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


                           RESCISSION OF FUNDS

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


                   reprogramming and transfer of funds

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


             bureau of land management, technical correction

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


                         forest service transfer

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


               west yellowstone visitor information center

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


                        pesticides tolerance fees

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


                      GULF ISLANDS NATIONAL SEASHORE

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


                surface mining control and reclamation act

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


         RESIDENT AND NONRESIDENT HUNTING AND FISHING REGULATIONS

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


        state and tribal assistance grants, technical corrections

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


                            transfer authority

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


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

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


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

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


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

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


     corporation for national and community service for grant reviews

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


         Medicare Health Care Infrastructure Improvement Program

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


               application processing and enforcement fees

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


                  technical correction--higher education

                     (including rescission of funds)

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


                         copyright royalty judges

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


                          Capitol Visitor Center

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


                           technical correction

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


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

    Sec. 6051. The referenced statement of managers under the heading 
``National Oceanic and Atmospheric Administration'' in title II of 
division B of Public Law 108-447 is deemed to be amended after 
``Bonneau Ferry, SC'' by striking ``20,000'' and inserting ``19,200'' 
in the ``Procurement, Acquisition and Construction'' account: Provided, 
That the difference in these amounts 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 is amended by striking ``of passenger, cargo and other aviation 
services''.
    Sec. 6055. Section 619(a) of title VI of division B of Public Law 
108-447 is amended by striking ``Asheville-Buncombe Technical Community 
College'' and inserting ``the International Small Business Institute''.
    Sec. 6056. (a) Section 619(a) of title VI of division B of Public 
Law 108-447 is amended by striking ``for the continued modernization of 
the Mason Building''.
    (b) Section 621 of title VI of division B of Public Law 108-199, as 
amended by Public Law 108-447, is amended by striking ``, for the 
continued modernization of the Mason Building''.
    Sec. 6057. (a) Section 633 of the Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 2001 
(as enacted into law by Public Law 106-553) and section 629 of the 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 2002 (Public Law 107-77) are each amended 
by striking ``NTTC at Wheeling Jesuit University'' and inserting ``West 
Virginia High Technology Consortium Foundation''.
    (b) The amendments made by subsection (a) shall apply to the 
remaining balances of the grants involved.


                     technical correction--bankruptcy

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

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

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


                    department of commerce--conference

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


                    technical correction--9/11 heroes

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


           TECHNICAL CORRECTIONS--DEPARTMENT OF TRANSPORTATION

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


                         PAYMENTS TO AIR CARRIERS

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


                         Maritime Administration

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


                              the judiciary

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


          TECHNICAL CORRECTIONS--GENERAL SERVICES ADMINISTRATION

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


    TECHNICAL CORRECTIONS--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

    Sec. 6069. (a) The referenced statement of the managers under the 
heading ``Community Development Fund'' in title II of division I of 
Public Law 108-447 is deemed to be amended--
        (1) with respect to item 230 by striking ``City'' and inserting 
    ``Port'';
        (2) with respect to item 233 by inserting ``Port of'' before 
    the words ``Brookings Harbor''; and
        (3) with respect to item number 30 by inserting ``to be used 
    for planning, design, and construction'' after ``California,''.
    Sec. 6070. The referenced statement of managers under the heading 
``Community Development Fund'' in title II of division K of Public Law 
108-7 is deemed to be amended--
        (1) with respect to item number 39 by striking ``Conference and 
    Workforce Center in Harrison, Arkansas'' and inserting ``in 
    Harrison, Arkansas for facilities construction of the North 
    Arkansas College Health Sciences Education Center''; and
        (2) with respect to item number 316 by striking ``for 
    renovation of a visitor center to accommodate a Space and Flight 
    Center'' and inserting ``to build-out the Prince George's County 
    Economic Development and Business Assistance Center''.
    Sec. 6071. The referenced statement of the managers under the 
heading ``Community Development Fund'' in title II of division G of 
Public Law 108-199 is deemed to be amended--
        (1) with respect to item number 56 by striking ``Conference and 
    Training Center'' and inserting ``North Arkansas College Health 
    Sciences Education Center'';
        (2) with respect to item number 102 by striking ``to the Town 
    of Groveland, California for purchase of a youth center'' and 
    inserting ``to the County of Tuolomne for the purchase of a new 
    youth center in the mountain community of Groveland'';
        (3) with respect to item number 218 by striking ``for 
    construction'' and inserting ``for design and engineering'';
        (4) with respect to item number 472 by striking ``for sidewalk, 
    curbs and facade improvements in the Morton Avenue neighborhood'' 
    and inserting ``for streetscape renovation'';
        (5) with respect to item number 493 by striking ``for land 
    acquisition'' and inserting ``for planning and design of its Sports 
    and Recreation Center and Education Complex'';
        (6) with respect to item number 122 by inserting ``to be used 
    for planning, design, and construction'' after ``California,'';
        (7) with respect to item number 369 by striking ``for the'' 
    after ``Michigan'' and inserting ``to be used for planning, design, 
    and construction of the''; and
        (8) with respect to item number 450 by striking ``V.I.C.T.E.M. 
    Family Center in Washoe County, Nevada for the construction of a 
    facility for multi-purpose social services referral and victim 
    counseling;'' and inserting ``Washoe County, Nevada for a facility 
    and equipment for the SART/CARES victim programs;''.
    Sec. 6072. The referenced statement of the managers under the 
heading ``Community Development Fund'' in title II of division I of 
Public Law 108-447 is deemed to be amended as follows--
        (1) with respect to item number 706 by striking ``a public 
    swimming pool'' and inserting ``recreation fields'';
        (2) with respect to item number 667 by striking ``to the Town 
    of Appomattox, Virginia for facilities construction of an African-
    American cultural and heritage museum at the Carver-Price 
    building'' and inserting ``to the County of Appomattox, Virginia 
    for renovation of the Carver-Price building'';
        (3) with respect to item number 668 by striking ``for the Town 
    of South Boston, Virginia for renovations and creation of a 
    community arts center at the Prizery'' and inserting ``for The 
    Prizery in South Boston, Virginia for renovations and creation of a 
    community arts center'';
        (4) with respect to item number 669 by striking ``for the City 
    of Moneta, Virginia for facilities construction and renovations of 
    an art, education, and community outreach center'' and inserting 
    ``for the Moneta Arts, Education, and Community Outreach Center in 
    Moneta, Virginia for facilities construction and renovations'';
        (5) with respect to item number 910 by striking ``repairs to'' 
    and inserting ``renovation and construction of'';
        (6) with respect to item number 902 by striking ``City of 
    Brooklyn'' and inserting ``Fifth Ave Committee in Brooklyn''; and
        (7) with respect to item number 244 by inserting ``Historic'' 
    before the words ``Village, Inc''.
    Sec. 6073. (a) Section 222 of title II of division I of Public Law 
108-447 is deleted; and
    (b) Section 203(c)(1) of the National Housing Act (12 U.S.C. 
1709(c)) is amended by--
        (1) striking ``subsections'' and inserting ``subsection'', and
        (2) striking ``or (k)'' each place that it appears.
    Sec. 6074. Section 255(g) of the National Housing Act (12 U.S.C. 
1715z-20(g)) is amended by striking ``150,000'' and inserting 
``250,000''.
    Sec. 6075. The matter under the heading relating to ``Public and 
Indian Housing--public housing capital fund'' in title II of the 
Departments of Veterans Affairs and Housing and Urban 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 is amended as follows:
            (A) in the first sentence by striking ``$15,000,000'' and 
        inserting ``$42,000,000, to remain available until expended,'' 
        in its place, and
            (B) by amending subsection (5) to read as follows:
        ``(5) The amounts may be obligated or expended only if the 
    Mayor notifies the Committees on Appropriations of the House of 
    Representatives and Senate in writing 30 days in advance of any 
    obligation or expenditure.''.
        (2) By inserting a new section before the short title at the 
    end to read as follows:
    ``Sec. 348. The amount appropriated by this Act may be increased by 
an additional amount of $206,736,000 (including $49,927,000 from local 
funds and $156,809,000 from other funds) to be transferred by the Mayor 
of the District of Columbia to the various headings under this Act as 
follows:
        ``(1) $174,927,000 (including $34,927,000 from local funds and 
    $140,000,000 from other funds) shall be transferred under the 
    heading `Government Direction and Support': Provided, That of the 
    funds, $33,000,000 from local funds shall remain available until 
    expended: Provided further, That of the funds, $140,000,000 from 
    other funds shall remain available until expended and shall only be 
    available in conjunction with revenue from a private or alternative 
    financing proposal approved pursuant to section 106 of DC Act 15-
    717, the `Ballpark Omnibus Financing and Revenue Act of 2004' 
    approved by the District of Columbia, December 29, 2004, and
        ``(2) $15,000,000 from local funds shall be transferred under 
    the heading `Repayment of Loans and Interest', and
        ``(3) $14,000,000 from other funds shall be transferred under 
    the heading `Sports and Entertainment Commission', and
        ``(4) $2,809,000 from other funds shall be transferred under 
    the heading `Water and Sewer Authority'.''.


             use of funds for emergency preparedness centers

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


         collections deposited into project construction accounts

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


             contracts for hospital care and medical services

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


      Implementation of Mission Changes at Specific Veterans Health 
                       Administration Facilities

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

                    DIVISION B--REAL ID ACT OF 2005

SECTION 1. SHORT TITLE.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                    ``(V) to solicit any individual--

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

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

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

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

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

SEC. 104. WAIVER FOR CERTAIN GROUNDS OF INADMISSIBILITY.

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

SEC. 105. REMOVAL OF TERRORISTS.

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

SEC. 106. JUDICIAL REVIEW OF ORDERS OF REMOVAL.

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

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

SEC. 201. DEFINITIONS.

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

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

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

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

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

SEC. 204. GRANTS TO STATES.

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

SEC. 205. AUTHORITY.

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

SEC. 206. REPEAL.

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

SEC. 207. LIMITATION ON STATUTORY CONSTRUCTION.

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

      TITLE III--BORDER INFRASTRUCTURE AND TECHNOLOGY INTEGRATION

SEC. 301. VULNERABILITY AND THREAT ASSESSMENT.

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

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

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

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

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

                      TITLE IV--TEMPORARY WORKERS

SEC. 401. SHORT TITLE.

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

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

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

SEC. 403. FRAUD PREVENTION AND DETECTION FEE.

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

SEC. 404. SANCTIONS.

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

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

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

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

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

SEC. 407. EXEMPTION FROM ADMINISTRATIVE PROCEDURE ACT.

    The requirements of chapter 5 of title 5, United States Code 
(commonly referred to as the ``Administrative Procedure Act'') or any 
other law relating to rulemaking, information collection or publication 
in the Federal Register, shall not apply to any action to implement 
sections 402, 403, and 405 or the amendments made by such sections to 
the extent the Secretary Homeland 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.
    ``(B) The applicable numerical limitation referred to in 
subparagraph (A) is 10,500 for each fiscal year.
    ``(C) The applicable numerical limitation referred to in 
subparagraph (A) shall only apply to principal aliens and not to the 
spouses or children of such aliens.''.
    (c) Specialty Occupation Defined.--Section 214(i)(1) of such Act (8 
U.S.C. 1184(i)(1)) is amended by inserting ``, section 
101(a)(15)(E)(iii),'' after ``section 101(a)(15)(H)(i)(b)''.
    (d) Attestation.--Section 212(t) of such Act (8 U.S.C. 1182(t)), as 
added by section 402(b)(2) of the United States-Chile Free Trade 
Agreement Implementation Act (Public Law 108-77; 117 Stat. 941), is 
amended--
        (1) by inserting ``or section 101(a)(15)(E)(iii)'' after 
    ``section 101(a)(15)(H)(i)(b1)'' each place it appears; and
        (2) in paragraphs (3)(C)(i)(II), (3)(C)(ii)(II), and 
    (3)(C)(iii)(II) by striking ``or 101(a)(15)(H)(i)(b1)'' each place 
    it appears and inserting ``101(a)(15)(H)(i)(b1), or 
    101(a)(15)(E)(iii)''.

SEC. 502. VISAS FOR NURSES.

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

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.`