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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1268 Reported in Senate (RS)]

                                                        Calendar No. 67
109th CONGRESS
  1st Session
                                H. R. 1268

                          [Report No. 109-52]

Making emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
   to prevent terrorists from abusing the asylum laws of the United 
  States, to unify terrorism-related grounds for inadmissibility and 
  removal, to ensure expeditious construction of the San Diego border 
                     fence, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 16, 2005

  Received; read twice and referred to the Committee on Appropriations

                             April 6, 2005

  Reported by Mr. Cochran, with an amendment, and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT

 
Making emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
   to prevent terrorists from abusing the asylum laws of the United 
  States, to unify terrorism-related grounds for inadmissibility and 
  removal, to ensure expeditious construction of the San Diego border 
                     fence, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
<DELETED>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:</DELETED>

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

       <DELETED>TITLE I--DEFENSE-RELATED APPROPRIATIONS</DELETED>

                      <DELETED>CHAPTER 1</DELETED>

                <DELETED>DEPARTMENT OF DEFENSE</DELETED>

           <DELETED>DEPARTMENT OF DEFENSE--MILITARY</DELETED>

                 <DELETED>MILITARY PERSONNEL</DELETED>

              <DELETED>Military Personnel, Army</DELETED>

<DELETED>    For an additional amount for ``Military Personnel, Army'', 
$11,779,642,000: Provided, That the amounts provided under this heading 
are designated as an emergency requirement pursuant to section 402 of 
the conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

              <DELETED>Military Personnel, Navy</DELETED>

<DELETED>    For an additional amount for ``Military Personnel, Navy'', 
$534,080,000: Provided, That the amounts provided under this heading 
are designated as an emergency requirement pursuant to section 402 of 
the conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

          <DELETED>Military Personnel, Marine Corps</DELETED>

<DELETED>    For an additional amount for ``Military Personnel, Marine 
Corps'', $1,251,726,000: Provided, That the amounts provided under this 
heading are designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

            <DELETED>Military Personnel, Air Force</DELETED>

<DELETED>    For an additional amount for ``Military Personnel, Air 
Force'', $1,473,472,000: Provided, That the amounts provided under this 
heading are designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

               <DELETED>Reserve Personnel, Army</DELETED>

<DELETED>    For an additional amount for ``Reserve Personnel, Army'', 
$40,327,000: Provided, That the amounts provided under this heading are 
designated as an emergency requirement pursuant to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

               <DELETED>Reserve Personnel, Navy</DELETED>

<DELETED>    For an additional amount for ``Reserve Personnel, Navy'', 
$11,111,000: Provided, That the amounts provided under this heading are 
designated as an emergency requirement pursuant to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

           <DELETED>Reserve Personnel, Marine Corps</DELETED>

<DELETED>    For an additional amount for ``Reserve Personnel, Marine 
Corps'', $4,115,000: Provided, That the amounts provided under this 
heading are designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

            <DELETED>Reserve Personnel, Air Force</DELETED>

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

           <DELETED>National Guard Personnel, Army</DELETED>

<DELETED>    For an additional amount for ``National Guard Personnel, 
Army'', $430,300,000: Provided, That the amounts provided under this 
heading are designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

         <DELETED>National Guard Personnel, Air Force</DELETED>

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

              <DELETED>OPERATION AND MAINTENANCE</DELETED>

           <DELETED>Operation and Maintenance, Army</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Army'', $17,366,004,000: Provided, That the amounts provided under this 
heading are designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

           <DELETED>Operation and Maintenance, Navy</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Navy'', $3,030,801,000: Provided, That the amounts provided under this 
heading are designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

       <DELETED>Operation and Maintenance, Marine Corps</DELETED>

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

        <DELETED>Operation and Maintenance, Air Force</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Air Force'', $5,769,450,000: Provided, That the amounts provided under 
this heading are designated as an emergency requirement pursuant to 
section 402 of the conference report to accompany S. Con. Res. 95 
(108th Congress).</DELETED>

       <DELETED>Operation and Maintenance, Defense-Wide</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Defense-Wide'', $3,061,300,000 (reduced by $1,000,000) (increased by 
$1,000,000), of which--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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 Committees on 
        Appropriations on the use of funds provided in this paragraph: 
        Provided further, That the amounts provided under this heading 
        are designated as an emergency requirement pursuant to section 
        402 of the conference report to accompany S. Con. Res. 95 
        (108th Congress).</DELETED>

       <DELETED>Operation and Maintenance, Army Reserve</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Army Reserve'', $8,154,000: Provided, That the amounts provided under 
this heading are designated as an emergency requirement pursuant to 
section 402 of the conference report to accompany S. Con. Res. 95 
(108th Congress).</DELETED>

       <DELETED>Operation and Maintenance, Navy Reserve</DELETED>

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

   <DELETED>Operation and Maintenance, Marine Corps Reserve</DELETED>

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

   <DELETED>Operation and Maintenance, Army National Guard</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Army National Guard'', $188,779,000: Provided, That the amounts 
provided under this heading are designated as an emergency requirement 
pursuant to section 402 of the conference report to accompany S. Con. 
Res. 95 (108th Congress).</DELETED>

   <DELETED>Overseas Humanitarian, Disaster, and Civic Aid</DELETED>

<DELETED>    For an additional amount for ``Overseas Humanitarian, 
Disaster, and Civic Aid'', $10,000,000, to remain available until 
September 30, 2006: Provided, That the amounts provided under this 
heading are designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

          <DELETED>Afghanistan Security Forces Fund</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

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

              <DELETED>Iraq Security Forces Fund</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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 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, notwithstanding any other 
provision of law, from funds made available under this heading, up to 
$99,000,000 may 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, training and funding, 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 amounts provided under this 
heading are designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

                     <DELETED>PROCUREMENT</DELETED>

             <DELETED>Aircraft Procurement, Army</DELETED>

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

              <DELETED>Missile Procurement, Army</DELETED>

<DELETED>    For an additional amount for ``Missile Procurement, 
Army'', $340,536,000, to remain available until September 30, 2007: 
Provided, That the amounts provided under this heading are designated 
as an emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th Congress).</DELETED>

     <DELETED>Procurement of Weapons and Tracked Combat Vehicles, 
                             Army</DELETED>

<DELETED>    For an additional amount for ``Procurement of Weapons and 
Tracked Combat Vehicles, Army'', $2,678,747,000, to remain available 
until September 30, 2007: Provided, That the amounts provided under 
this heading are designated as an emergency requirement pursuant to 
section 402 of the conference report to accompany S. Con. Res. 95 
(108th Congress).</DELETED>

           <DELETED>Procurement of Ammunition, Army</DELETED>

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

               <DELETED>Other Procurement, Army</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For an additional amount for ``Other Procurement, Army'', 
$6,634,905,000, to remain available until September 30, 2007, of which 
$85,000,000 shall be derived by transfer from ``Iraq Freedom Fund'': 
Provided, That the amounts provided under this heading are designated 
as an emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th Congress).</DELETED>

             <DELETED>Aircraft Procurement, Navy</DELETED>

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

              <DELETED>Weapons Procurement, Navy</DELETED>

<DELETED>    For an additional amount for ``Weapons Procurement, 
Navy'', $71,600,000, to remain available until September 30, 2007: 
Provided, That the amounts provided under this heading are designated 
as an emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th Congress).</DELETED>

  <DELETED>Procurement of Ammunition, Navy and Marine Corps</DELETED>

<DELETED>    For an additional amount for ``Procurement of Ammunition, 
Navy and Marine Corps'', $141,735,000, to remain available until 
September 30, 2007: Provided, That the amounts provided under this 
heading are designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

               <DELETED>Other Procurement, Navy</DELETED>

<DELETED>    For an additional amount for ``Other Procurement, Navy'', 
$78,372,000, to remain available until September 30, 2007: Provided, 
That the amounts provided under this heading are designated as an 
emergency requirement pursuant to section 402 of the conference report 
to accompany S. Con. Res. 95 (108th Congress).</DELETED>

              <DELETED>Procurement, Marine Corps</DELETED>

<DELETED>    For an additional amount for ``Procurement, Marine 
Corps'', $3,588,495,000, to remain available until September 30, 2007: 
Provided, That the amounts provided under this heading are designated 
as an emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th Congress).</DELETED>

           <DELETED>Aircraft Procurement, Air Force</DELETED>

<DELETED>    For an additional amount for ``Aircraft Procurement, Air 
Force'', $279,241,000, to remain available until September 30, 2007: 
Provided, That the amounts provided under this heading are designated 
as an emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th Congress).</DELETED>

        <DELETED>Procurement of Ammunition, Air Force</DELETED>

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

            <DELETED>Other Procurement, Air Force</DELETED>

<DELETED>    For an additional amount for ``Other Procurement, Air 
Force'', $2,658,527,000, to remain available until September 30, 2007: 
Provided, That the amounts provided under this heading are designated 
as an emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th Congress).</DELETED>

              <DELETED>Procurement, Defense-Wide</DELETED>

<DELETED>    For an additional amount for ``Procurement, Defense-
Wide'', $646,327,000, to remain available until September 30, 2007: 
Provided, That the amounts provided under this heading are designated 
as an emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th Congress).</DELETED>

     <DELETED>RESEARCH, DEVELOPMENT, TEST AND EVALUATION</DELETED>

  <DELETED>Research, Development, Test and Evaluation, Army</DELETED>

<DELETED>    For an additional amount for ``Research, Development, Test 
and Evaluation, Army'', $25,170,000, to remain available until 
September 30, 2006: Provided, That the amounts provided under this 
heading are designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

  <DELETED>Research, Development, Test, and Evaluation, Navy</DELETED>

<DELETED>    For an additional amount for ``Research, Development, 
Test, and Evaluation, Navy'', $202,051,000, to remain available until 
September 30, 2006: Provided, That the amounts provided under this 
heading are designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

       <DELETED>Research, Development, Test and Evaluation, Air 
                            Force</DELETED>

<DELETED>    For an additional amount for ``Research, Development, Test 
and Evaluation, Air Force'', $121,500,000, to remain available until 
September 30, 2006: Provided, That the amounts provided under this 
heading are designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

     <DELETED>Research, Development, Test and Evaluation, Defense-
                             Wide</DELETED>

<DELETED>    For an additional amount for ``Research, Development, Test 
and Evaluation, Defense-Wide'', $159,600,000, to remain available until 
September 30, 2006: Provided, That the amounts provided under this 
heading are designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

           <DELETED>REVOLVING AND MANAGEMENT FUNDS</DELETED>

            <DELETED>Defense Working Capital Funds</DELETED>

<DELETED>    For an additional amount for ``Defense Working Capital 
Funds'', $1,411,300,000: Provided, That the amounts provided under this 
heading are designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

            <DELETED>National Defense Sealift Fund</DELETED>

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

        <DELETED>OTHER DEPARTMENT OF DEFENSE PROGRAMS</DELETED>

        <DELETED>Drug Interdiction and Counter-Drug Activities, 
                           Defense</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For an additional amount for ``Drug Interdiction and 
Counter-Drug Activities, Defense'', $257,000,000, to remain available 
until December 31, 2005: 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; procurement; and research, development, test 
and evaluation: 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 amounts 
provided under this heading are designated as an emergency requirement 
pursuant to section 402 of the conference report to accompany S. Con. 
Res. 95 (108th Congress).</DELETED>

           <DELETED>Office of the Inspector General</DELETED>

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

                  <DELETED>RELATED AGENCIES</DELETED>

      <DELETED>Intelligence Community Management Account</DELETED>

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

          <DELETED>GENERAL PROVISIONS--THIS CHAPTER</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 1101. Upon his determination that such action is 
necessary in the national interest, the Secretary of Defense may 
transfer between appropriations up to $2,000,000,000 of the funds made 
available to the Department of Defense in this chapter: 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 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).</DELETED>
<DELETED>    Sec. 1102. Section 8005 of the Department of Defense 
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 969), is 
amended by striking ``$3,500,000,000'' and inserting 
``$5,500,000,000'': 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).</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    Sec. 1103. During fiscal year 2005, the Secretary of 
Defense may transfer amounts in or credited to the Defense Cooperation 
Account, pursuant to section 2608 of title 10, United States Code, to 
such appropriations or funds of the Department of Defense as he shall 
determine for use consistent with the purposes for which such funds 
were contributed and accepted: Provided, That such amounts shall be 
available for the same time period as the appropriation to which 
transferred: Provided further, That the Secretary shall report to the 
Congress all transfers made pursuant to this authority: Provided 
further, That the amounts provided under this heading are designated as 
an emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th Congress).</DELETED>
<DELETED>    Sec. 1104. (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) The Secretary of Defense may transfer vehicles, 
aircraft, and detection, interception, monitoring and testing equipment 
to said Governments for counter-drug activities.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 1105. 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''.</DELETED>
<DELETED>    Sec. 1106. 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''.</DELETED>
<DELETED>    Sec. 1107. 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''.</DELETED>
<DELETED>    Sec. 1108. Section 8090(b) of the Department of Defense 
Appropriations Act, 2005 (Public Law 108-287), is amended by striking 
``$185,000,000'' and inserting ``$210,000,000''.</DELETED>
<DELETED>    Sec. 1109. (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--</DELETED>
        <DELETED>    (1) a military operation, including a contingency 
        operation; or</DELETED>
        <DELETED>    (2) an operation in response to a declared 
        emergency.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 1110. Section 1096(b) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458) is amended--
</DELETED>
        <DELETED>    (1) in the matter preceding paragraph (1), by 
        striking ``in the fiscal year after the effective date of this 
        Act'' and inserting ``during fiscal years 2005 and 2006''; 
        and</DELETED>
        <DELETED>    (2) in paragraph (1), by striking ``500 new 
        personnel billets'' and inserting ``a total of 500 new 
        personnel positions''.</DELETED>
<DELETED>    Sec. 1111. Section 1051a(e) of title 10, United States 
Code, is amended by striking ``September 30, 2005'' and inserting 
``December 31, 2005''.</DELETED>
<DELETED>    Sec. 1112. 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.</DELETED>
<DELETED>    Sec. 1113. (a) Increase in SGLI Maximum.--Section 1967 of 
title 38, United States Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a)(3)(A)(i), by striking 
        ``$250,000'' and inserting ``$400,000 or such lesser amount as 
        the member may elect in increments of $50,000'';</DELETED>
        <DELETED>  (2) in subsection (a)(3)(B), 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''; 
        and</DELETED>
        <DELETED>  (3) in subsection (d), by striking ``of $250,000'' 
        and inserting ``in effect under subsection 
        (a)(3)(A)(i)''.</DELETED>
<DELETED>    (b) Spouse Consent and Beneficiary Notification.--Section 
1967(a)(3)(B) of such title is amended--</DELETED>
        <DELETED>    (1) by inserting ``(i)'' after ``(B)''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        clauses:</DELETED>
                        <DELETED>    ``(ii) A member who is married may 
                        not, without the written concurrence of the 
                        member's spouse--</DELETED>
                                <DELETED>    ``(I) elect 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); 
                                or</DELETED>
                                <DELETED>    ``(II) designate any other 
                                person as a beneficiary under this 
                                program.</DELETED>
                        <DELETED>    ``(iii) 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), 
                        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.''.</DELETED>
<DELETED>    (c) Limitation on Spouse Coverage to Amount of Member 
Coverage.--Section 1967(a)(3)(C) of such title is amended by inserting 
before the period at the end the following: ``as applicable to such 
member under subparagraph (A)(i)''.</DELETED>
<DELETED>    (d) Conforming Amendments to VGLI Provisions.--Section 
1977 of such title is amended by striking ``$250,000'' each place it 
appears and inserting ``$400,000''.</DELETED>
<DELETED>    (e) Military Death Gratuity.--Section 1478 of title 10, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``$12,000 (as 
        adjusted under subsection (c))'' and inserting ``$100,000''; 
        and</DELETED>
        <DELETED>    (2) by striking subsection (c).</DELETED>
<DELETED>    (f) Effective Date.--The amendments made by this section 
shall apply with respect to deaths occurring on or after the date of 
the enactment of this Act.</DELETED>
<DELETED>    Sec. 1114. (a) Special Death Gratuity for Certain Prior 
Deaths in Service.--In the case of the death of a member of the 
uniformed services that is a qualifying death (as specified in 
subsection (b)), the Secretary concerned shall pay a death gratuity of 
not more than $238,000. Of that amount--</DELETED>
        <DELETED>    (1) $150,000 shall be paid in the manner specified 
        in subsection (c); and</DELETED>
        <DELETED>    (2) $88,000 shall be paid in the manner specified 
        in subsection (d).</DELETED>
<DELETED>    (b) Qualifying Deaths.--The death of a member of the 
uniformed services is a qualifying death for purpose of this section 
if--</DELETED>
        <DELETED>    (1) the member died during the period beginning on 
        October 7, 2001, and ending on the day before the date of the 
        enactment of this Act;</DELETED>
        <DELETED>    (2) for the purpose of section 1114(a)(2), the 
        death was a direct result of an injury or illness (or 
        combination of one or more injuries or illness) incurred in 
        Operation Enduring Freedom or Operation Iraqi Freedom, as 
        determined under regulations prescribed by the Secretary of 
        Defense; and</DELETED>
        <DELETED>    (3) for the purpose of section 1114(a)(1), the 
        death was a direct result of an injury or illness (or 
        combination of one or more injuries or illness) incurred by any 
        active duty military member in the performance of 
        duty.</DELETED>
<DELETED>    (c) SGLI Beneficiaries.--A payment pursuant to subsection 
(a)(1) by reason of a covered death shall be paid--</DELETED>
        <DELETED>    (1) 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, United States Code; or</DELETED>
        <DELETED>    (2) in the case of a member 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.</DELETED>
<DELETED>    (d) Military Death Gratuity Beneficiaries.--A payment 
pursuant to subsection (a)(2) by reason of a covered death shall be 
paid equal shares to the beneficiaries who were paid the death gratuity 
that was paid with respect to that death under subchapter II of chapter 
75 of title 10, United States Code.</DELETED>
<DELETED>    (e) Status of Payments.--A death gratuity payable under 
this section by reason of a qualifying death is in addition to any 
other death gratuity or other benefit payable by the United States by 
reason of that death.</DELETED>
<DELETED>    (f) Definition.--For the purposes of this section, the 
term ``Secretary concerned'' has the meaning given that term in section 
101 of title 37, United States Code.''.</DELETED>
<DELETED>    Sec. 1115. Funds appropriated in this chapter, or made 
available by transfer of funds in or pursuant to this chapter, 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).</DELETED>
<DELETED>    Sec. 1116. None of the funds provided in this chapter 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.</DELETED>

                      <DELETED>CHAPTER 2</DELETED>

                <DELETED>DEPARTMENT OF DEFENSE</DELETED>

             <DELETED>Military Construction, Army</DELETED>

<DELETED>    For an additional amount for ``Military Construction, 
Army'', $930,100,000, to remain available until September 30, 2006: 
Provided, That $669,100,000 of such additional amount may not be 
obligated until after that date on which the Secretary of Defense 
submits to the Committees on Appropriations of the House of 
Representatives and Senate the comprehensive master plans for overseas 
military infrastructure required by House Report 108-342: Provided 
further, 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 amounts provided under this heading are 
designated as an emergency requirement pursuant to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

    <DELETED>Military Construction, Navy and Marine Corps</DELETED>

<DELETED>    For an additional amount for ``Military Construction, Navy 
and Marine Corps'', $92,720,000, to remain available until September 
30, 2006: Provided, That $32,380,000 of such additional amount may not 
be obligated until after that date on which the Secretary of Defense 
submits to the Committees on Appropriations of the House of 
Representatives and Senate the comprehensive master plans for overseas 
military infrastructure required by House Report 108-342: Provided 
further, 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 amounts provided under this heading are 
designated as an emergency requirement pursuant to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

          <DELETED>Military Construction, Air Force</DELETED>

<DELETED>    For an additional amount for ``Military Construction, Air 
Force'', $301,386,000, to remain available until September 30, 2006: 
Provided, That $301,386,000 of such additional amount may not be 
obligated until after that date on which the Secretary of Defense 
submits to the Committees on Appropriations of the House of 
Representatives and Senate the comprehensive master plans for overseas 
military infrastructure required by House Report 108-342: Provided 
further, 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 amounts provided under this heading are 
designated as an emergency requirement pursuant to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

              <DELETED>Military Personnel, Army</DELETED>

<DELETED>    For an additional amount for ``Military Personnel, Army'', 
$1,542,100,000: Provided, That the amounts provided under this heading 
are designated as an emergency requirement pursuant to section 402 of 
the conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

           <DELETED>Operation and Maintenance, Army</DELETED>

<DELETED>    For an additional amount for ``Operation and Maintenance, 
Army'', $66,300,000: Provided, That the amounts provided under this 
heading are designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

               <DELETED>Defense Health Program</DELETED>

<DELETED>    For an additional amount for ``Defense Health Program'', 
$175,550,000 for operation and maintenance: Provided, That the amounts 
provided under this heading are designated as an emergency requirement 
pursuant to section 402 of the conference report to accompany S. Con. 
Res. 95 (108th Congress).</DELETED>

     <DELETED>TITLE II--INTERNATIONAL PROGRAMS AND ASSISTANCE FOR 
             RECONSTRUCTION AND THE WAR ON TERROR</DELETED>

                      <DELETED>CHAPTER 1</DELETED>

            <DELETED>BILATERAL ECONOMIC ASSISTANCE</DELETED>

         <DELETED>FUNDS APPROPRIATED TO THE PRESIDENT</DELETED>

 <DELETED>UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT</DELETED>

    <DELETED>International Disaster and Famine Assistance</DELETED>

<DELETED>    For an additional amount for ``International Disaster and 
Famine Assistance'', $44,000,000 (increased by $50,000,000), to remain 
available until expended, for emergency expenses related to the 
humanitarian crisis in the Darfur region of Sudan: Provided, That the 
amounts provided under this heading are designated as an emergency 
requirement pursuant to section 402 of the conference report to 
accompany S. Con. Res. 95 (108th Congress).</DELETED>

      <DELETED>Operating Expenses of the United States Agency for 
                  International Development</DELETED>

<DELETED>    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.</DELETED>

      <DELETED>Operating Expenses of the United States Agency for 
                  International Development</DELETED>

             <DELETED>Office of Inspector General</DELETED>

<DELETED>    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.</DELETED>

         <DELETED>OTHER BILATERAL ECONOMIC ASSISTANCE</DELETED>

                <DELETED>Economic Support Fund</DELETED>

<DELETED>    For an additional amount for ``Economic Support Fund'', 
$684,700,000 (reduced by $3,000,000), to remain available until 
September 30, 2006, of which up to $200,000,000 may be provided for 
programs, activities, and efforts to support Palestinians.</DELETED>
<DELETED>    For an additional amount for ``Economic Support Fund'', 
$376,500,000, to remain available until September 30, 2006: Provided, 
That these funds are hereby designated by Congress to be emergency 
requirements pursuant to section 402 of the conference report to 
accompany S. Con. Res. 95 (108th Congress).</DELETED>

  <DELETED>Assistance for the Independent States of the Former Soviet 
                            Union</DELETED>

<DELETED>    For an additional amount for ``Assistance for the 
Independent States of the Former Soviet Union'' for assistance for 
Ukraine, $33,700,000, to remain available until September 30, 
2006.</DELETED>

                 <DELETED>DEPARTMENT OF STATE</DELETED>

 <DELETED>International Narcotics Control and Law Enforcement</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For an additional amount for ``International Narcotics 
Control and Law Enforcement'', $594,000,000, to remain available until 
September 30, 2007, of which not more than $400,000,000 may be made 
available to provide assistance to the Afghan police: Provided, That 
the amounts provided under this heading are designated as an emergency 
requirement pursuant to section 402 of the conference report to 
accompany S. Con. Res. 95 (108th Congress).</DELETED>

          <DELETED>Migration and Refugee Assistance</DELETED>

<DELETED>    For an additional amount for ``Migration and Refugee 
Assistance'', $53,400,000 (increased by $50,000,000), to remain 
available until September 30, 2006: Provided, That the amounts provided 
under this heading are designated as an emergency requirement pursuant 
to section 402 of the conference report to accompany S. Con. Res. 95 
(108th Congress).</DELETED>

    <DELETED>Nonproliferation, Anti-Terrorism, Demining and Related 
                           Programs</DELETED>

<DELETED>    For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $17,100,000, to remain 
available until September 30, 2006: Provided, That the amounts provided 
under this heading are designated as an emergency requirement pursuant 
to section 402 of the conference report to accompany S. Con. Res. 95 
(108th Congress).</DELETED>

                 <DELETED>MILITARY ASSISTANCE</DELETED>

         <DELETED>FUNDS APPROPRIATED TO THE PRESIDENT</DELETED>

         <DELETED>Foreign Military Financing Program</DELETED>

<DELETED>    For an additional amount for the ``Foreign Military 
Financing Program'', $250,000,000.</DELETED>

               <DELETED>Peacekeeping Operations</DELETED>

<DELETED>    For an additional amount for ``Peacekeeping Operations'', 
$10,000,000, to remain available until September 30, 2006: Provided, 
That the amounts provided under this heading are designated as an 
emergency requirement pursuant to section 402 of the conference report 
to accompany S. Con. Res. 95 (108th Congress).</DELETED>

          <DELETED>GENERAL PROVISIONS--THIS CHAPTER</DELETED>

<DELETED>    Sec. 2101. Section 307(a) of the Foreign Assistance Act of 
1961 is amended by striking ``Iraq,''.</DELETED>

                    <DELETED>(rescission)</DELETED>

<DELETED>    Sec. 2102. The unexpended balance appropriated by Public 
Law 108-11 under the heading ``Economic Support Fund'' and made 
available for Turkey is rescinded.</DELETED>
<DELETED>    Sec. 2103. Section 559 of division D of Public Law 108-447 
is amended by adding at the end the following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the extent to which such Program complies 
        with the requirements of subsections (b) and (c), and</DELETED>
        <DELETED>    ``(2) an examination of all programs, projects, 
        and activities carried out under such Program, including both 
        obligations and expenditures.''.</DELETED>
<DELETED>    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 10 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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Sec. 2106. No later than 60 days after the date of 
enactment of this Act, the President shall submit a report to the 
Congress detailing--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) specific steps the Palestinian Authority has 
        taken to ensure democracy, the rule of law, and an independent 
        judiciary, and transparent and accountable 
        governance;</DELETED>
        <DELETED>    (5) the Palestinian Authority's cooperation with 
        United States officials in their investigations into the late 
        Palestinian leader Yasser Arafat's finances; and</DELETED>
        <DELETED>    (6) the amount of assistance pledged and actually 
        provided to the Palestinian Authority by other 
        donors:</DELETED>
<DELETED>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 to the West Bank and Gaza by this title 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: 
Provided further, That the waiver authority of section 550(b) of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2005 (Public Law 108-447) may not be exercised with 
respect to funds appropriated for assistance to the Palestinians under 
this chapter: Provided further, That the waiver detailed in 
Presidential Determination 2005-10 issued on December 8, 2004, shall 
not be extended to funds appropriated under this chapter.</DELETED>

                      <DELETED>CHAPTER 2</DELETED>

       <DELETED>DEPARTMENT OF STATE AND RELATED AGENCY</DELETED>

                 <DELETED>DEPARTMENT OF STATE</DELETED>

          <DELETED>Administration of Foreign Affairs</DELETED>

          <DELETED>Diplomatic and Consular Programs</DELETED>

<DELETED>    For an additional amount for ``Diplomatic and Consular 
Programs'', $748,500,000, to remain available until September 30, 2006: 
Provided, That the amounts provided under this heading are designated 
as an emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th Congress).</DELETED>

   <DELETED>Embassy Security, Construction, and Maintenance</DELETED>

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

             <DELETED>International Organizations</DELETED>

         <DELETED>Contributions for International Peacekeeping 
                          Activities</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For an additional amount for ``Contributions for 
International Peacekeeping Activities'', $580,000,000, to remain 
available until September 30, 2006: Provided, That the amounts provided 
under this heading are designated as an emergency requirement pursuant 
to section 402 of the conference report to accompany S. Con. Res. 95 
(108th Congress): Provided further, That up to $55,000,000 provided 
under this heading may be transferred to ``Peacekeeping Operations'', 
to be available for costs of establishing and operating a Sudan war 
crimes tribunal.</DELETED>

                   <DELETED>RELATED AGENCY</DELETED>

           <DELETED>Broadcasting Board of Governors</DELETED>

        <DELETED>International Broadcasting Operations</DELETED>

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

                      <DELETED>CHAPTER 3</DELETED>

              <DELETED>DEPARTMENT OF AGRICULTURE</DELETED>

            <DELETED>Foreign Agricultural Service</DELETED>

           <DELETED>Public Law 480 Title II Grants</DELETED>

<DELETED>    For an additional amount for ``Public Law 480 Title II 
Grants'', $150,000,000, to remain available until expended: Provided, 
That the amounts provided under this heading are designated as an 
emergency requirement pursuant to section 402 of the conference report 
to accompany S. Con. Res. 95 (108th Congress).</DELETED>

      <DELETED>TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON 
                            TERROR</DELETED>

                      <DELETED>CHAPTER 1</DELETED>

                <DELETED>DEPARTMENT OF ENERGY</DELETED>

      <DELETED>NATIONAL NUCLEAR SECURITY ADMINISTRATION</DELETED>

          <DELETED>Defense Nuclear Nonproliferation</DELETED>

<DELETED>    For an additional amount for ``Defense Nuclear 
Nonproliferation'', $110,000,000, to remain available until expended: 
Provided, That the amounts provided under this heading are designated 
as an emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th Congress).</DELETED>

                      <DELETED>CHAPTER 2</DELETED>

           <DELETED>DEPARTMENT OF HOMELAND SECURITY</DELETED>

              <DELETED>UNITED STATES COAST GUARD</DELETED>

                 <DELETED>Operating Expenses</DELETED>

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

     <DELETED>Acquisition, Construction, and Improvements</DELETED>

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

                      <DELETED>CHAPTER 3</DELETED>

                <DELETED>DEPARTMENT OF JUSTICE</DELETED>

           <DELETED>Federal Bureau of Investigation</DELETED>

                <DELETED>Salaries and Expenses</DELETED>

<DELETED>    For an additional amount for ``Salaries and Expenses'', 
$78,970,000: Provided, That the amounts provided under this heading are 
designated as an emergency requirement pursuant to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

           <DELETED>Drug Enforcement Administration</DELETED>

                <DELETED>Salaries and Expenses</DELETED>

<DELETED>    For an additional amount for ``Salaries and Expenses,'' 
$7,648,000: Provided, That the amounts provided under this heading are 
designated as an emergency requirement pursuant to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th 
Congress).</DELETED>

        <DELETED>TITLE IV--INDIAN OCEAN TSUNAMI RELIEF</DELETED>

                      <DELETED>CHAPTER 1</DELETED>

         <DELETED>FUNDS APPROPRIATED TO THE PRESIDENT</DELETED>

             <DELETED>OTHER BILATERAL ASSISTANCE</DELETED>

      <DELETED>Tsunami Recovery and Reconstruction Fund</DELETED>

           <DELETED>(including transfers of funds)</DELETED>

<DELETED>    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 for other purposes, $656,000,000 (increased by $3,000,000), 
to remain available until September 30, 2006: Provided, That these 
funds may be transferred by the Secretary of State to any Federal 
agency or account 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 the amounts 
provided under this heading are designated as an emergency requirement 
pursuant to section 402 of the conference report to accompany S. Con. 
Res. 95 (108th Congress): Provided further, That of the amounts 
provided herein: up to $10,000,000 may be transferred to and 
consolidated with the 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 $15,000,000 may be transferred to and consolidated 
with ``Operating Expenses of the United States Agency for International 
Development'', of which up to $2,000,000 may be used for administrative 
expenses to carry out credit programs administered by the United States 
Agency for International Development in furtherance of the purposes of 
this heading; up to $500,000 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 ``Administration of Foreign 
Affairs Emergencies in the Diplomatic and Consular Service'' for the 
purpose of providing support services for U.S. citizen victims and 
related operations.</DELETED>

                  <DELETED>GENERAL PROVISION</DELETED>

<DELETED>    Sec. 4101. Amounts made available pursuant to section 
492(b) of the Foreign Assistance Act of 1961 to address relief and 
rehabilitation needs for countries affected by the tsunami and 
earthquake of December 2004, 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.</DELETED>
<DELETED>    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, 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 10 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 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.</DELETED>

                      <DELETED>CHAPTER 2</DELETED>

           <DELETED>DEPARTMENT OF DEFENSE--MILITARY</DELETED>

              <DELETED>OPERATION AND MAINTENANCE</DELETED>

           <DELETED>Operation and Maintenance, Navy</DELETED>

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

       <DELETED>Operation and Maintenance, Marine Corps</DELETED>

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

        <DELETED>Operation and Maintenance, Air Force</DELETED>

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

       <DELETED>Operation and Maintenance, Defense-Wide</DELETED>

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

   <DELETED>Overseas Humanitarian, Disaster, and Civic Aid</DELETED>

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

                      <DELETED>CHAPTER 3</DELETED>

                <DELETED>DEPARTMENT OF DEFENSE</DELETED>

               <DELETED>Defense Health Program</DELETED>

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

                    <DELETED>    CHAPTER 4</DELETED>

           <DELETED>DEPARTMENT OF HOMELAND SECURITY</DELETED>

              <DELETED>UNITED STATES COAST GUARD</DELETED>

                 <DELETED>Operating Expenses</DELETED>

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

                      <DELETED>CHAPTER 5</DELETED>

             <DELETED>DEPARTMENT OF THE INTERIOR</DELETED>

           <DELETED>UNITED STATES GEOLOGICAL SURVEY</DELETED>

        <DELETED>Surveys, Investigations, and Research</DELETED>

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

                      <DELETED>CHAPTER 6</DELETED>

               <DELETED>DEPARTMENT OF COMMERCE</DELETED>

   <DELETED>National Oceanic and Atmospheric Administration</DELETED>

        <DELETED>Operations, Research, and Facilities</DELETED>

<DELETED>    For an additional amount for ``Operations, Research, and 
Facilities'', $4,830,000, to remain available until September 30, 2006, 
for United States tsunami warning capabilities and operations: 
Provided, That the amounts provided under this heading are designated 
as an emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th Congress).</DELETED>

      <DELETED>Procurement, Acquisition and Construction</DELETED>

<DELETED>    For an additional amount for ``Procurement, Acquisition 
and Construction'', $9,670,000, to remain available until September 30, 
2007, for United States tsunami warning capabilities: Provided, That 
the amounts provided under this heading are designated as an emergency 
requirement pursuant to section 402 of the conference report to 
accompany S. Con. Res. 95 (108th Congress).</DELETED>

          <DELETED>TITLE V--GENERAL PROVISIONS AND TECHNICAL 
                         CORRECTIONS</DELETED>

<DELETED>    Sec. 5001. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year unless expressly so provided herein.</DELETED>

           <DELETED>(including transfers of funds)</DELETED>

<DELETED>    Sec. 5002. 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:</DELETED>
                <DELETED>To:</DELETED>
                        <DELETED>Under the heading, ``Research, 
                        Development, Test and Evaluation, Air Force, 
                        2005/2006'', $500,000;</DELETED>
                <DELETED>From:</DELETED>
                        <DELETED>Under the heading, ``Other 
                        Procurement, Air Force'', $500,000.</DELETED>
                <DELETED>To:</DELETED>
                        <DELETED>Under the heading, ``Other 
                        Procurement, Air Force, 2005/2007'', 
                        $8,200,000;</DELETED>
                <DELETED>From:</DELETED>
                        <DELETED>Under the heading, ``Other 
                        Procurement, Navy, 2005/2007'', 
                        $8,200,000.</DELETED>
<DELETED>    Sec. 5003. 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) and 
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)).</DELETED>
<DELETED>    Sec. 5004. 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''.</DELETED>
<DELETED>    Sec. 5005. 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.''.</DELETED>
<DELETED>    Sec. 5006. 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)''.</DELETED>
<DELETED>    Sec. 5007. In division C, title III of the Consolidated 
Appropriations Act, 2005 (Public Law 108-447), the item relating to 
``Department of Energy--Energy Programs--Nuclear Waste Disposal'' is 
amended by--</DELETED>
        <DELETED>    (1) inserting ``to be derived from the Nuclear 
        Waste Fund and'' after ``$346,000,000,''; and</DELETED>
        <DELETED>    (2) 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 the Act''.</DELETED>
<DELETED>    Sec. 5008. Section 144(b)(2) of title I of division E of 
Public Law 108-447 is amended by striking ``September 24, 2004'' and 
inserting ``November 12, 2004''.</DELETED>
<DELETED>    Sec. 5009. 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''--</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (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)'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (12) the provision specifying $30,000 for Summer 
        Camp Opportunities Provide an Edge (SCOPE), New York, NY for 
        YMCA Camps Skycrest, Speers and Elijabar shall be deemed to 
        read ``American Camping Association for Summer Camp 
        Opportunities Provide an Edge (SCOPE), New York, NY for YMCA 
        Camps Skycrest and Speers-Elijabar''; and</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    Sec. 5010. 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''--</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (3) the provision specifying $100,000 for 
        University of Alaska/Southeast to develop distance education 
        coursework for arctic engineering courses and programs shall be 
        deemed to read ``University of Alaska System Office to develop 
        distance education coursework for arctic engineering courses 
        and programs''; and</DELETED>
        <DELETED>    (4) the provision specifying $100,000 for Culver-
        Stockton College, Canton, MO for equipment and technology shall 
        be deemed to read ``Moberly Area Community College, Moberly, MO 
        for equipment and technology''.</DELETED>
<DELETED>    Sec. 5011. 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''.</DELETED>
<DELETED>    Sec. 5012. 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''.</DELETED>
<DELETED>    Sec. 5013. 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''.</DELETED>
<DELETED>    Sec. 5014. 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 limitation, for the 
purposes''.</DELETED>
<DELETED>    Sec. 5015. Section 621 of title VI of division B of Public 
Law 108-199 is amended by striking ``of passenger, cargo and other 
aviation services''.</DELETED>
<DELETED>    Sec. 5016. 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''.</DELETED>
<DELETED>    Sec. 5017. (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''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    Sec. 5018. The Department of Justice may transfer funds 
from any Department of Justice account to ``Detention Trustee'': 
Provided, That the notification requirement in section 605(b) of title 
VI of division B of Public Law 108-447 shall remain in effect for any 
such transfers.</DELETED>
<DELETED>    Sec. 5019. 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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    Sec. 5020. 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--</DELETED>
        <DELETED>    (1) with respect to item number 56 by striking 
        ``Conference and Training Center'' and inserting ``North 
        Arkansas College Health Sciences Education Center'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (3) with respect to item number 218 by striking 
        ``for construction'' and inserting ``for design and 
        engineering'';</DELETED>
        <DELETED>    (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''; and</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    Sec. 5021. 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--</DELETED>
        <DELETED>    (1) with respect to item number 706 by striking `` 
        a public swimming pool'' and inserting ``recreation 
        fields'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (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'';</DELETED>
        <DELETED>    (5) with respect to item number 910 by striking 
        ``repairs to'' and inserting ``renovation and construction 
        of''; and</DELETED>
        <DELETED>    (6) with respect to item number 902 by striking 
        ``City of Brooklyn'' and inserting ``Fifth Ave Committee in 
        Brooklyn''.</DELETED>
<DELETED>    Sec. 5022. 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.''.</DELETED>
<DELETED>    Sec. 5023. Section 198 of division H of Public Law 108-447 
is amended by inserting ``under title 23 of the United States Code'' 
after ``law''.</DELETED>
<DELETED>    Sec. 5024. The District of Columbia Appropriations Act, 
2005 (Public Law 108-335) approved October 18, 2004, is amended as 
follows:</DELETED>
        <DELETED>    (1) Section 331 is amended as follows:</DELETED>
                <DELETED>    (A) in the first sentence by striking the 
                word ``$15,000,000'' and inserting ``$42,000,000, to 
                remain available until expended,'' in its place; 
                and</DELETED>
                <DELETED>    (B) by amending paragraph (5) to read as 
                follows:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (2) By inserting a new section before the short 
        title at the end to read as follows:</DELETED>
<DELETED>    ``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:</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) $15,000,000 from local funds shall be 
        transferred under the heading `Repayment of Loans and 
        Interest', and</DELETED>
        <DELETED>    ``(3) $14,000,000 from other funds shall be 
        transferred under the heading `Sports and Entertainment 
        Commission', and</DELETED>
        <DELETED>    ``(4) $2,809,000 from other funds shall be 
        transferred under the heading `Water and Sewer 
        Authority'.''.</DELETED>

                     <DELETED>TITLE VI--</DELETED>

       <DELETED>HUMANITARIAN ASSISTANCE CODE OF CONDUCT</DELETED>

<DELETED>SEC. 6001. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Humanitarian Assistance 
Code of Conduct Act of 2005''.</DELETED>

<DELETED>SEC. 6002. CODE OF CONDUCT FOR THE PROTECTION OF BENEFICIARIES 
              OF HUMANITARIAN ASSISTANCE.</DELETED>

<DELETED>    (a) Prohibition.--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.</DELETED>
<DELETED>    (b) Six Core Principles.--The code of conduct referred to 
in subsection (a) shall, to the maximum extent practicable, be 
consistent with the following six core principles of the United Nations 
Inter-Agency Standing Committee Task Force on Protection From Sexual 
Exploitation and Abuse in Humanitarian Crises:</DELETED>
        <DELETED>    (1) ``Sexual exploitation and abuse by 
        humanitarian workers constitute acts of gross misconduct and 
        are therefore grounds for termination of 
        employment.''.</DELETED>
        <DELETED>    (2) ``Sexual activity with children (persons under 
        the age of 18) is prohibited regardless of the age of majority 
        or age of consent locally. Mistaken belief regarding the age of 
        a child is not a defense.''.</DELETED>
        <DELETED>    (3) ``Exchange of money, employment, goods, or 
        services for sex, including sexual favors or other forms of 
        humiliating, degrading or exploitative behavior, is prohibited. 
        This includes exchange of assistance that is due to 
        beneficiaries.''.</DELETED>
        <DELETED>    (4) ``Sexual relationships between humanitarian 
        workers and beneficiaries are strongly discouraged since they 
        are based on inherently unequal power dynamics. Such 
        relationships undermine the credibility and integrity of 
        humanitarian aid work.''.</DELETED>
        <DELETED>    (5) ``Where a humanitarian worker develops 
        concerns or suspicions regarding sexual abuse or exploitation 
        by a fellow worker, whether in the same agency or not, he or 
        she must report such concerns via established agency reporting 
        mechanisms.''.</DELETED>
        <DELETED>    (6) ``Humanitarian agencies are obliged to create 
        and maintain an environment which prevents sexual exploitation 
        and abuse and promotes the implementation of their code of 
        conduct. Managers at all levels have particular 
        responsibilities to support and develop systems which maintain 
        this environment.''.</DELETED>

<DELETED>SEC. 6003. REPORT.</DELETED>

<DELETED>    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 Committee on 
Appropriations and the Committee on International Relations of the 
House of Representatives and the Committee on Appropriations and the 
Committee on Foreign Relations of the Senate a detailed report on the 
implementation of this title.</DELETED>

<DELETED>SEC. 6004. EFFECTIVE DATE; APPLICABILITY.</DELETED>

<DELETED>    This title--</DELETED>
        <DELETED>    (1) takes effect 60 days after the date of the 
        enactment of this Act; and</DELETED>
        <DELETED>    (2) applies to funds obligated after the effective 
        date referred to in paragraph (1)--</DELETED>
                <DELETED>    (A) for fiscal year 2005; and</DELETED>
                <DELETED>    (B) any subsequent fiscal year.</DELETED>

      <DELETED>TITLE VII--ADDITIONAL GENERAL PROVISIONS</DELETED>

<DELETED>    Sec. 7001. None of the funds made available in this Act 
may be used for embassy security, construction, and 
maintenance.</DELETED>
<DELETED>    Sec. 7002. None of the funds made available in this Act 
may be used to fund any contract in contravention of section 15(g)(2) 
of the Small Business Act (15 U.S.C. 644(g)(2)).</DELETED>
<DELETED>    Sec. 7003. None of the funds made available in this Act 
may be used in contravention of the following laws enacted or 
regulations promulgated to implement the United Nations Convention 
Against Torture and Other Cruel, Inhuman or Degrading Treatment or 
Punishment (done at New York on December 10, 1984):</DELETED>
        <DELETED>    (1) Section 2340A of title 18, United States 
        Code.</DELETED>
        <DELETED>    (2) Section 2242 of the Foreign Affairs Reform and 
        Restructuring Act of 1998 (division G of Public Law 105-277; 
        112 Stat. 2681-822; 8 U.S.C. 1231 note) and any regulations 
        prescribed thereto, including regulations under part 208 of 
        title 8, Code of Federal Regulations, and part 95 of title 22, 
        Code of Federal Regulations.</DELETED>
<DELETED>    This division may be cited as the ``Emergency Supplemental 
Appropriations Act for Defense, the Global War on Terror, and Tsunami 
Relief, 2005''.</DELETED>

           <DELETED>DIVISION B--REAL ID ACT OF 2005</DELETED>

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This division may be cited as the ``REAL ID Act of 
2005''.</DELETED>

    <DELETED>TITLE I--AMENDMENTS TO FEDERAL LAWS TO PROTECT AGAINST 
                       TERRORIST ENTRY</DELETED>

<DELETED>SEC. 101. PREVENTING TERRORISTS FROM OBTAINING RELIEF FROM 
              REMOVAL.</DELETED>

<DELETED>    (a) Conditions for Granting Asylum.--Section 208(b)(1) of 
the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``The Attorney General'' the first 
        place such term appears and inserting the following:</DELETED>
                <DELETED>    ``(A) Eligibility.--The Secretary of 
                Homeland Security or the Attorney General'';</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(B) Burden of proof.--</DELETED>
                        <DELETED>    ``(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 a central reason for persecuting 
                        the applicant.</DELETED>
                        <DELETED>    ``(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, in the trier of fact's 
                        discretion, that the applicant should provide 
                        evidence which corroborates otherwise credible 
                        testimony, such evidence must be provided 
                        unless the applicant does not have the evidence 
                        and cannot reasonably obtain the evidence 
                        without departing the United States. The 
                        inability to obtain corroborating evidence does 
                        not excuse the applicant from meeting the 
                        applicant's burden of proof.</DELETED>
                        <DELETED>    ``(iii) Credibility 
                        determination.--The trier of fact should 
                        consider all relevant factors and may, in the 
                        trier of fact's discretion, base the trier of 
                        fact's credibility determination on any such 
                        factor, including 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 
                        made under oath), 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. There is no presumption 
                        of credibility.''.</DELETED>
<DELETED>    (b) 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:</DELETED>
                <DELETED>    ``(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).''.</DELETED>
<DELETED>    (c) Other Requests for Relief From Removal.--Section 
240(c) of the Immigration and Nationality Act (8 U.S.C. 1230(c)) is 
amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (4), (5), and (6) 
        as paragraphs (5), (6), and (7), respectively; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (3) the 
        following:</DELETED>
        <DELETED>    ``(4) Applications for relief from removal.--
        </DELETED>
                <DELETED>    ``(A) In general.--An alien applying for 
                relief or protection from removal has the burden of 
                proof to establish that the alien--</DELETED>
                        <DELETED>    ``(i) satisfies the applicable 
                        eligibility requirements; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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 in the judge's discretion 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 without departing from the United States. 
                The inability to obtain corroborating evidence does not 
                excuse the applicant from meeting the burden of 
                proof.</DELETED>
                <DELETED>    ``(C) Credibility determination.--The 
                immigration judge should consider all relevant factors 
                and may, in the judge's discretion, base the judge's 
                credibility determination on any such factor, including 
                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 made under 
                oath), 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. There is no 
                presumption of credibility.''.</DELETED>
<DELETED>    (d) 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 that a reasonable trier of fact is compelled to conclude that 
such corroborating evidence is unavailable.''.</DELETED>
<DELETED>    (e) Clarification of Discretion.--Section 242(a)(2)(B) of 
the Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) is 
amended--</DELETED>
        <DELETED>    (1) by inserting ``or the Secretary of Homeland 
        Security'' after ``Attorney General'' each place such term 
        appears; and</DELETED>
        <DELETED>    (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,''.</DELETED>
<DELETED>    (f) Removal of Caps.--Section 209 of the Immigration and 
Nationality Act (8 U.S.C. 1159) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)(1)--</DELETED>
                <DELETED>    (A) by striking ``Service'' and inserting 
                ``Department of Homeland Security''; and</DELETED>
                <DELETED>    (B) by striking ``Attorney General'' each 
                place such term appears and inserting ``Secretary of 
                Homeland Security or the Attorney General'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) 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</DELETED>
                <DELETED>    (B) in the matter following paragraph (5), 
                by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security or the Attorney 
                General''; and</DELETED>
        <DELETED>    (3) in subsection (c), by striking ``Attorney 
        General'' and inserting ``Secretary of Homeland Security or the 
        Attorney General''.</DELETED>
<DELETED>    (g) Effective Dates.--</DELETED>
        <DELETED>    (1) The amendments made by paragraphs (1) and (2) 
        of subsection (a) shall take effect as if enacted on March 1, 
        2003.</DELETED>
        <DELETED>    (2) The amendments made by subsections (a)(3), 
        (b), and (c) shall take effect on the date of the enactment of 
        this division and shall apply to applications for asylum, 
        withholding, or other removal made on or after such 
        date.</DELETED>
        <DELETED>    (3) The amendment made by subsection (d) 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.</DELETED>
        <DELETED>    (4) The amendments made by subsection (e) 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.</DELETED>
        <DELETED>    (5) The amendments made by subsection (f) shall 
        take effect on the date of the enactment of this 
        division.</DELETED>
<DELETED>    (h) Repeal.--Section 5403 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458) is 
repealed.</DELETED>

<DELETED>SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT OF BARRIERS 
              AT BORDERS.</DELETED>

<DELETED>    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:</DELETED>
<DELETED>    ``(c) Waiver.--</DELETED>
        <DELETED>    ``(1) In general.--Notwithstanding any other 
        provision of law, the Secretary of Homeland Security shall have 
        the authority to waive, and shall waive, all laws such 
        Secretary, in such Secretary's sole discretion, determines 
        necessary to ensure expeditious construction of the barriers 
        and roads under this section.</DELETED>
        <DELETED>    ``(2) No judicial review.--Notwithstanding any 
        other provision of law (statutory or nonstatutory), no court, 
        administrative agency, or other entity shall have 
        jurisdiction--</DELETED>
                <DELETED>    ``(A) to hear any cause or claim arising 
                from any action undertaken, or any decision made, by 
                the Secretary of Homeland Security pursuant to 
                paragraph (1); or</DELETED>
                <DELETED>    ``(B) to order compensatory, declaratory, 
                injunctive, equitable, or any other relief for damage 
                alleged to arise from any such action or 
                decision.''.</DELETED>

<DELETED>SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TERRORIST-
              RELATED ACTIVITIES.</DELETED>

<DELETED>    (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:</DELETED>
                        <DELETED>    ``(i) In general.--Any alien who--
                        </DELETED>
                                <DELETED>    ``(I) has engaged in a 
                                terrorist activity;</DELETED>
                                <DELETED>    ``(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));</DELETED>
                                <DELETED>    ``(III) has, under 
                                circumstances indicating an intention 
                                to cause death or serious bodily harm, 
                                incited terrorist activity;</DELETED>
                                <DELETED>    ``(IV) is a representative 
                                (as defined in clause (v)) of--
                                </DELETED>
                                        <DELETED>    ``(aa) a terrorist 
                                        organization (as defined in 
                                        clause (vi)); or</DELETED>
                                        <DELETED>    ``(bb) a 
                                        political, social, or other 
                                        group that endorses or espouses 
                                        terrorist activity;</DELETED>
                                <DELETED>    ``(V) is a member of a 
                                terrorist organization described in 
                                subclause (I) or (II) of clause 
                                (vi);</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(VII) endorses or 
                                espouses terrorist activity or 
                                persuades others to endorse or espouse 
                                terrorist activity or support a 
                                terrorist organization;</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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,</DELETED>
                        <DELETED>is inadmissible.''.</DELETED>
<DELETED>    (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:</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) to commit or to 
                                incite to commit, under circumstances 
                                indicating an intention to cause death 
                                or serious bodily injury, a terrorist 
                                activity;</DELETED>
                                <DELETED>    ``(II) to prepare or plan 
                                a terrorist activity;</DELETED>
                                <DELETED>    ``(III) to gather 
                                information on potential targets for 
                                terrorist activity;</DELETED>
                                <DELETED>    ``(IV) to solicit funds or 
                                other things of value for--</DELETED>
                                        <DELETED>    ``(aa) a terrorist 
                                        activity;</DELETED>
                                        <DELETED>    ``(bb) a terrorist 
                                        organization described in 
                                        clause (vi)(I) or (vi)(II); 
                                        or</DELETED>
                                        <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(V) to solicit any 
                                individual--</DELETED>
                                        <DELETED>    ``(aa) to engage 
                                        in conduct otherwise described 
                                        in this subsection;</DELETED>
                                        <DELETED>    ``(bb) for 
                                        membership in a terrorist 
                                        organization described in 
                                        clause (vi)(I) or (vi)(II); 
                                        or</DELETED>
                                        <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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--
                                </DELETED>
                                        <DELETED>    ``(aa) for the 
                                        commission of a terrorist 
                                        activity;</DELETED>
                                        <DELETED>    ``(bb) to any 
                                        individual who the actor knows, 
                                        or reasonably should know, has 
                                        committed or plans to commit a 
                                        terrorist activity;</DELETED>
                                        <DELETED>    ``(cc) to a 
                                        terrorist organization 
                                        described in subclause (I) or 
                                        (II) of clause (vi) or to any 
                                        member of such an organization; 
                                        or</DELETED>
                                        <DELETED>    ``(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.</DELETED>
                        <DELETED>This clause shall not apply to any 
                        material support the alien afforded to an 
                        organization or individual that has committed 
                        terrorist activity, if the Secretary of State, 
                        after consultation with the Attorney General 
                        and the Secretary of Homeland Security, or the 
                        Attorney General, after consultation with the 
                        Secretary of State and the Secretary of 
                        Homeland Security, concludes in his sole 
                        unreviewable discretion, that this clause 
                        should not apply.''.</DELETED>
<DELETED>    (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:</DELETED>
                        <DELETED>    ``(vi) Terrorist organization 
                        defined.--As used in this section, the term 
                        `terrorist organization' means an 
                        organization--</DELETED>
                                <DELETED>    ``(I) designated under 
                                section 219;</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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).''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) removal proceedings instituted before, on, or 
        after the date of the enactment of this division; and</DELETED>
        <DELETED>    (2) acts and conditions constituting a ground for 
        inadmissibility, excludability, deportation, or removal 
        occurring or existing before, on, or after such date.</DELETED>

<DELETED>SEC. 104. REMOVAL OF TERRORISTS.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    ``(B) Terrorist activities.--Any alien who 
                is described in subparagraph (B) or (F) of section 
                212(a)(3) is deportable.''.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) removal proceedings instituted before, 
                on, or after the date of the enactment of this 
                division; and</DELETED>
                <DELETED>    (B) acts and conditions constituting a 
                ground for inadmissibility, excludability, deportation, 
                or removal occurring or existing before, on, or after 
                such date.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 105. JUDICIAL REVIEW OF ORDERS OF REMOVAL.</DELETED>

<DELETED>    (a) In General.--Section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (2)--</DELETED>
                        <DELETED>    (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'';</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(D) Judicial review of certain legal 
                claims.--Nothing in subparagraph (B) or (C), or in any 
                other provision of this Act which limits or eliminates 
                judicial review, shall be construed as precluding 
                review of constitutional claims or pure questions of 
                law raised upon a petition for review filed with an 
                appropriate court of appeals in accordance with this 
                section.''; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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).'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (3)(B), by inserting 
                ``pursuant to subsection (f)'' after ``unless''; 
                and</DELETED>
                <DELETED>    (B) in paragraph (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</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 106. DELIVERY BONDS.</DELETED>

<DELETED>    (a) Definitions.--For purposes of this section:</DELETED>
        <DELETED>    (1) Delivery bond.--The term ``delivery bond'' 
        means a written suretyship undertaking for the surrender of an 
        individual against whom the Department of Homeland Security has 
        issued an order to show cause or a notice to appear, the 
        performance of which is guaranteed by an acceptable surety on 
        Federal bonds.</DELETED>
        <DELETED>    (2) Principal.--The term ``principal'' means an 
        individual who is the subject of a bond.</DELETED>
        <DELETED>    (3) Suretyship undertaking.--The term ``suretyship 
        undertaking'' means a written agreement, executed by a bonding 
        agent on behalf of a surety, which binds all parties to its 
        certain terms and conditions and which provides obligations for 
        the principal and the surety while under the bond and penalties 
        for forfeiture to ensure the obligations of the principal and 
        the surety under the agreement.</DELETED>
        <DELETED>    (4) Bonding agent.--The term ``bonding agent'' 
        means any individual properly licensed, approved, and appointed 
        by power of attorney to execute or countersign surety bonds in 
        connection with any matter governed by the Immigration and 
        Nationality Act as amended (8 U.S.C. 1101, et seq.), and who 
        receives a premium for executing or countersigning such surety 
        bonds.</DELETED>
        <DELETED>    (5) Surety.--The term ``surety'' means an entity, 
        as defined by, and that is in compliance with, sections 9304 
        through 9308 of title 31, United States Code, that agrees--
        </DELETED>
                <DELETED>    (A) to guarantee the performance, where 
                appropriate, of the principal under a bond;</DELETED>
                <DELETED>    (B) to perform the bond as required; 
                and</DELETED>
                <DELETED>    (C) to pay the face amount of the bond as 
                a penalty for failure to perform.</DELETED>
<DELETED>    (b) Validity, Agent not Co-Obligor, Expiration, Renewal, 
and Cancellation of Bonds.--</DELETED>
        <DELETED>    (1) Validity.--Delivery bond undertakings are 
        valid if such bonds--</DELETED>
                <DELETED>    (A) state the full, correct, and proper 
                name of the alien principal;</DELETED>
                <DELETED>    (B) state the amount of the 
                bond;</DELETED>
                <DELETED>    (C) are guaranteed by a surety and 
                countersigned by an agent who is properly 
                appointed;</DELETED>
                <DELETED>    (D) bond documents are properly executed; 
                and</DELETED>
                <DELETED>    (E) relevant bond documents are properly 
                filed with the Secretary of Homeland 
                Security.</DELETED>
        <DELETED>    (2) Bonding agent not co-obligor, party, or 
        guarantor in individual capacity, and no refusal if acceptable 
        surety.--Section 9304(b) of title 31, United States Code, is 
        amended by adding at the end the following: ``Notwithstanding 
        any other provision of law, no bonding agent of a corporate 
        surety shall be required to execute bonds as a co-obligor, 
        party, or guarantor in an individual capacity on bonds provided 
        by the corporate surety, nor shall a corporate surety bond be 
        refused if the corporate surety appears on the current Treasury 
        Department Circular 570 as a company holding a certificate of 
        authority as an acceptable surety on Federal bonds and attached 
        to the bond is a currently valid instrument showing the 
        authority of the bonding agent of the surety company to execute 
        the bond.''.</DELETED>
        <DELETED>    (3) Expiration.--A delivery bond undertaking shall 
        expire at the earliest of--</DELETED>
                <DELETED>    (A) 1 year from the date of 
                issue;</DELETED>
                <DELETED>    (B) at the cancellation of the bond or 
                surrender of the principal; or</DELETED>
                <DELETED>    (C) immediately upon nonpayment of the 
                renewal premium.</DELETED>
        <DELETED>    (4) Renewal.--Delivery bonds may be renewed 
        annually, with payment of proper premium to the surety, if 
        there has been no breach of conditions, default, claim, or 
        forfeiture of the bond. Notwithstanding any renewal, when the 
        alien is surrendered to the Secretary of Homeland Security for 
        removal, the Secretary shall cause the bond to be 
        canceled.</DELETED>
        <DELETED>    (5) Cancellation.--Delivery bonds shall be 
        canceled and the surety exonerated--</DELETED>
                <DELETED>    (A) for nonrenewal after the alien has 
                been surrendered to the Department of Homeland Security 
                for removal;</DELETED>
                <DELETED>    (B) if the surety or bonding agent 
                provides reasonable evidence that there was 
                misrepresentation or fraud in the application for the 
                bond;</DELETED>
                <DELETED>    (C) upon the death or incarceration of the 
                principal, or the inability of the surety to produce 
                the principal for medical reasons;</DELETED>
                <DELETED>    (D) if the principal is detained by any 
                law enforcement agency of any State, county, city, or 
                any politial subdivision thereof;</DELETED>
                <DELETED>    (E) if it can be established that the 
                alien departed the United States of America for any 
                reason without permission of the Secretary of Homeland 
                Security, the surety, or the bonding agent;</DELETED>
                <DELETED>    (F) if the foreign state of which the 
                principal is a national is designated pursuant to 
                section 244 of the Act (8 U.S.C. 1254a) after the bond 
                is posted; or</DELETED>
                <DELETED>    (G) if the principal is surrendered to the 
                Department of Homeland Security, removal by the surety 
                or the bonding agent.</DELETED>
        <DELETED>    (6) Surrender of principal; forfeiture of bond 
        premium.--</DELETED>
                <DELETED>    (A) Surrender.--At any time, before a 
                breach of any of the bond conditions, if in the opinion 
                of the surety or bonding agent, the principal becomes a 
                flight risk, the principal may be surrendered to the 
                Department of Homeland Security for removal.</DELETED>
                <DELETED>    (B) Forfeiture of bond premium.--A 
                principal may be surrendered without the return of any 
                bond premium if the principal--</DELETED>
                        <DELETED>    (i) changes address without 
                        notifying the surety, the bonding agent, and 
                        the Secretary of Homeland Security in writing 
                        prior to such change;</DELETED>
                        <DELETED>    (ii) hides or is concealed from a 
                        surety, a bonding agent, or the 
                        Secretary;</DELETED>
                        <DELETED>    (iii) fails to report to the 
                        Secretary as required at least annually; 
                        or</DELETED>
                        <DELETED>    (iv) violates the contract with 
                        the bonding agent or surety, commits any act 
                        that may lead to a breach of the bond, or 
                        otherwise violates any other obligation or 
                        condition of the bond established by the 
                        Secretary.</DELETED>
        <DELETED>    (7) Certified copy of bond and arrest warrant to 
        accompany surrender.--</DELETED>
                <DELETED>    (A) In general.--A bonding agent or surety 
                desiring to surrender the principal--</DELETED>
                        <DELETED>    (i) shall have the right to 
                        petition the Secretary of Homeland Security or 
                        any Federal court, without having to pay any 
                        fees or court costs, for an arrest warrant for 
                        the arrest of the principal;</DELETED>
                        <DELETED>    (ii) shall forthwith be provided 2 
                        certified copies each of the arrest warrant and 
                        the bond undertaking, without having to pay any 
                        fees or courts costs; and</DELETED>
                        <DELETED>    (iii) shall have the right to 
                        pursue, apprehend, detain, and surrender the 
                        principal, together with certified copies of 
                        the arrest warrant and the bond undertaking, to 
                        any Department of Homeland Security detention 
                        official or Department detention facility or 
                        any detention facility authorized to hold 
                        Federal detainees.</DELETED>
                <DELETED>    (B) Effects of delivery.--Upon surrender 
                of a principal under subparagraph (A)(iii)--</DELETED>
                        <DELETED>    (i) the official to whom the 
                        principal is surrendered shall detain the 
                        principal in custody and issue a written 
                        certificate of surrender; and</DELETED>
                        <DELETED>    (ii) the Secretary of Homeland 
                        Security shall immediately exonerate the surety 
                        from any further liability on the 
                        bond.</DELETED>
        <DELETED>    (8) Form of bond.--Delivery bonds shall in all 
        cases state the following and be secured by a corporate surety 
        that is certified as an acceptable surety on Federal bonds and 
        whose name appears on the current Treasury Department Circular 
        570:</DELETED>
                <DELETED>    ``(A) Breach of bond; procedure, 
                forfeiture, notice.--</DELETED>
                        <DELETED>    ``(i) If a principal violates any 
                        conditions of the delivery bond, or the 
                        principal is or becomes subject to a final 
                        administrative order of deportation or removal, 
                        the Secretary of Homeland Security shall--
                        </DELETED>
                                <DELETED>    ``(I) immediately issue a 
                                warrant for the principal's arrest and 
                                enter that arrest warrant into the 
                                National Crime Information Center 
                                (NCIC) computerized information 
                                database;</DELETED>
                                <DELETED>    ``(II) order the bonding 
                                agent and surety to take the principal 
                                into custody and surrender the 
                                principal to any one of 10 designated 
                                Department of Homeland Security `turn-
                                in' centers located nationwide in the 
                                areas of greatest need, at any time of 
                                day during 15 months after mailing the 
                                arrest warrant and the order to the 
                                bonding agent and the surety as 
                                required by subclause (III), and 
                                immediately enter that order into the 
                                National Crime Information Center 
                                (NCIC) computerized information 
                                database; and</DELETED>
                                <DELETED>    ``(III) mail 2 certified 
                                copies each of the arrest warrant 
                                issued pursuant to subclause (I) and 2 
                                certified copies each of the order 
                                issued pursuant to subclause (II) to 
                                only the bonding agent and surety via 
                                certified mail return receipt to their 
                                last known addresses.</DELETED>
                        <DELETED>    ``(ii) Bonding agents and sureties 
                        shall immediately notify the Secretary of 
                        Homeland Security of their changes of address 
                        and/or telephone numbers.</DELETED>
                        <DELETED>    ``(iii) The Secretary of Homeland 
                        Security shall establish, disseminate to 
                        bonding agents and sureties, and maintain on a 
                        current basis a secure nationwide toll-free 
                        list of telephone numbers of Department of 
                        Homeland Security officials, including the 
                        names of such officials, that bonding agents, 
                        sureties, and their employees may immediately 
                        contact at any time to discuss and resolve any 
                        issue regarding any principal or bond, to be 
                        known as `Points of Contact'.</DELETED>
                        <DELETED>    ``(iv) A bonding agent or surety 
                        shall have full and complete access, free of 
                        charge, to any and all information, electronic 
                        or otherwise, in the care, custody, and control 
                        of the United States Government or any State or 
                        local government or any subsidiary or police 
                        agency thereof regarding the principal that may 
                        be helpful in complying with section 105 of the 
                        REAL ID Act of 2005 that the Secretary of 
                        Homeland Security, by regulations subject to 
                        approval by Congress, determines may be helpful 
                        in locating or surrendering the principal. 
                        Beyond the principal, a bonding agent or surety 
                        shall not be required to disclose any 
                        information, including but not limited to the 
                        arrest warrant and order, received from any 
                        governmental source, any person, firm, 
                        corporation, or other entity.</DELETED>
                        <DELETED>    ``(v) If the principal is later 
                        arrested, detained, or otherwise located 
                        outside the United States and the outlying 
                        possessions of the United States (as defined in 
                        section 101(a) of the Immigration and 
                        Nationality Act), the Secretary of Homeland 
                        Security shall--</DELETED>
                                <DELETED>    ``(I) immediately order 
                                that the surety is completely 
                                exonerated, and the bond canceled; 
                                and</DELETED>
                                <DELETED>    ``(II) if the Secretary of 
                                Homeland Security has issued an order 
                                under clause (i), the surety may 
                                request, by written, properly filed 
                                motion, reinstatement of the bond. This 
                                subclause may not be construed to 
                                prevent the Secretary of Homeland 
                                Security from revoking or resetting a 
                                bond at a higher amount.</DELETED>
                        <DELETED>    ``(vi) The bonding agent or surety 
                        must--</DELETED>
                                <DELETED>    ``(I) during the 15 months 
                                after the date the arrest warrant and 
                                order were mailed pursuant to clause 
                                (i)(III) surrender the principal one 
                                time; or</DELETED>
                                <DELETED>    ``(II)(aa) provide 
                                reasonable evidence that producing the 
                                principal was prevented--</DELETED>
                                        <DELETED>    ``(aaa) by the 
                                        principal's illness or 
                                        death;</DELETED>
                                        <DELETED>    ``(bbb) because 
                                        the principal is detained in 
                                        custody in any city, State, 
                                        country, or any political 
                                        subdivision thereof;</DELETED>
                                        <DELETED>    ``(ccc) because 
                                        the principal has left the 
                                        United States or its outlying 
                                        possessions (as defined in 
                                        section 101(a) of the 
                                        Immigration and Nationality Act 
                                        (8 U.S.C. 1101(a)); 
                                        or</DELETED>
                                        <DELETED>    ``(ddd) because 
                                        required notice was not given 
                                        to the bonding agent or surety; 
                                        and</DELETED>
                                <DELETED>    ``(bb) establish by 
                                affidavit that the inability to produce 
                                the principal was not with the consent 
                                or connivance of the bonding agent or 
                                surety.</DELETED>
                        <DELETED>    ``(vii) If compliance occurs more 
                        than 15 months but no more than 18 months after 
                        the mailing of the arrest warrant and order to 
                        the bonding agent and the surety required under 
                        clause (i)(III), an amount equal to 25 percent 
                        of the face amount of the bond shall be 
                        assessed as a penalty against the 
                        surety.</DELETED>
                        <DELETED>    ``(viii) If compliance occurs more 
                        than 18 months but no more than 21 months after 
                        the mailing of the arrest warrant and order to 
                        the bonding agent and the surety required under 
                        clause (i)(III), an amount equal to 50 percent 
                        of the face amount of the bond shall be 
                        assessed as a penalty against the 
                        surety.</DELETED>
                        <DELETED>    ``(ix) If compliance occurs more 
                        than 21 months but no more than 24 months after 
                        the mailing of the arrest warrant and order to 
                        the bonding agent and the surety required under 
                        clause (i)(III), an amount equal to 75 percent 
                        of the face amount of the bond shall be 
                        assessed as a penalty against the 
                        surety.</DELETED>
                        <DELETED>    ``(x) If compliance occurs 24 
                        months or more after the mailing of the arrest 
                        warrant and order to the bonding agent and the 
                        surety required under clause (i)(III), an 
                        amount equal to 100 percent of the face amount 
                        of the bond shall be assessed as a penalty 
                        against the surety.</DELETED>
                        <DELETED>    ``(xi) If any surety surrenders 
                        any principal to the Secretary of Homeland 
                        Security at any time and place after the period 
                        for compliance has passed, the Secretary of 
                        Homeland Security shall cause to be issued to 
                        that surety an amount equal to 50 percent of 
                        the face amount of the bond: Provided, however, 
                        That if that surety owes any penalties on bonds 
                        to the United States, the amount that surety 
                        would otherwise receive shall be offset by and 
                        applied as a credit against the amount of 
                        penalties on bonds it owes the United States, 
                        and then that surety shall receive the 
                        remainder of the amount to which it is entitled 
                        under this subparagraph, if any.</DELETED>
                        <DELETED>    ``(xii) All penalties assessed 
                        against a surety on a bond, if any, shall be 
                        paid by the surety no more than 27 months after 
                        the mailing of the arrest warrant and order to 
                        the bonding agent and the surety required under 
                        clause (i)(III).</DELETED>
                <DELETED>    ``(B) The Secretary of Homeland Security 
                may waive penalties or extend the period for payment or 
                both, if--</DELETED>
                        <DELETED>    ``(i) a written request is filed 
                        with the Secretary of Homeland Security; 
                        and</DELETED>
                        <DELETED>    ``(ii) the bonding agent or surety 
                        provides an affidavit that diligent efforts 
                        were made to effect compliance of the 
                        principal.</DELETED>
                <DELETED>    ``(C) Compliance; exoneration; limitation 
                of liability.--</DELETED>
                        <DELETED>    ``(i) Compliance.--A bonding agent 
                        or surety shall have the absolute right to 
                        locate, apprehend, arrest, detain, and 
                        surrender any principal, wherever he or she may 
                        be found, who violates any of the terms and 
                        conditions of his or her bond.</DELETED>
                        <DELETED>    ``(ii) Exoneration.--Upon 
                        satisfying any of the requirements of the bond, 
                        the surety shall be completely 
                        exonerated.</DELETED>
                        <DELETED>    ``(iii) Limitation of liability.--
                        Notwithstanding any other provision of law, the 
                        total liability on any surety undertaking shall 
                        not exceed the face amount of the 
                        bond.''.</DELETED>
<DELETED>    (c) Effective Date.--The provisions of this section shall 
take effect on the date of the enactment of this division and shall 
apply to bonds and surety undertakings executed before, on, or after 
the date of the enactment of this division.</DELETED>

<DELETED>SEC. 107. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.</DELETED>

<DELETED>    (a) In General.--Section 236(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1226(a)(2)) is amended to read as 
follows:</DELETED>
        <DELETED>    ``(2) subject to such reasonable regulations as 
        the Secretary of Homeland Security may prescribe, shall permit 
        agents, servants, and employees of corporate sureties to visit 
        in person with individuals detained by the Secretary of and, 
        subject to section 241(a)(8), may release the alien on a 
        delivery bond of at least $10,000, with security approved by 
        the Secretary, and containing conditions and procedures 
        prescribed by section 105 of the REAL ID Act of 2005 and by the 
        Secretary, but the Secretary shall not release the alien on or 
        to his own recognizance unless an order of an immigration judge 
        expressly finds and states in a signed order to release the 
        alien to his own recognizance that the alien is not a flight 
        risk and is not a threat to the United States''.</DELETED>
<DELETED>    (b) Repeal.--Section 286(r) of the Immigration and 
Nationality Act (8 U.S.C. 1356(r)) is repealed.</DELETED>
<DELETED>    (c) Effective Date.--The amendment made by subsection (a) 
shall take effect on the date of the enactment of this 
division.</DELETED>

<DELETED>SEC. 108. DETENTION OF ALIENS DELIVERED BY BONDSMEN.</DELETED>

<DELETED>    (a) In General.--Section 241(a) of the Immigration and 
Nationality Act (8 U.S.C. 1231(a)) is amended by adding at the end the 
following:</DELETED>
        <DELETED>    ``(8) Effect of production of alien by bondsman.--
        Notwithstanding any other provision of law, the Secretary of 
        Homeland Security shall take into custody any alien subject to 
        a final order of removal, and cancel any bond previously posted 
        for the alien, if the alien is produced within the prescribed 
        time limit by the obligor on the bond whether or not the 
        Department of Homeland Security accepts custody of the alien. 
        The obligor on the bond shall be deemed to have substantially 
        performed all conditions imposed by the terms of the bond, and 
        shall be released from liability on the bond, if the alien is 
        produced within such time limit.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection (a) 
shall take effect on the date of the enactment of this division and 
shall apply to all immigration bonds posted before, on, or after such 
date.</DELETED>

<DELETED>TITLE II--IMPROVED SECURITY FOR DRIVERS' LICENSES AND PERSONAL 
                     IDENTIFICATION CARDS</DELETED>

<DELETED>SEC. 201. DEFINITIONS.</DELETED>

<DELETED>    In this title, the following definitions apply:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of Homeland Security.</DELETED>
        <DELETED>    (4) 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.</DELETED>

<DELETED>SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS 
              FOR FEDERAL RECOGNITION.</DELETED>

<DELETED>    (a) Minimum Standards for Federal Use.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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 of Transportation. Such certifications shall be made 
        at such times and in such manner as the Secretary of 
        Transportation, in consultation with the Secretary of Homeland 
        Security, may prescribe by regulation.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) The person's full legal name.</DELETED>
        <DELETED>    (2) The person's date of birth.</DELETED>
        <DELETED>    (3) The person's gender.</DELETED>
        <DELETED>    (4) The person's driver's license or 
        identification card number.</DELETED>
        <DELETED>    (5) A digital photograph of the person.</DELETED>
        <DELETED>    (6) The person's address of principle 
        residence.</DELETED>
        <DELETED>    (7) The person's signature.</DELETED>
        <DELETED>    (8) Physical security features designed to prevent 
        tampering, counterfeiting, or duplication of the document for 
        fraudulent purposes.</DELETED>
        <DELETED>    (9) A common machine-readable technology, with 
        defined minimum data elements.</DELETED>
<DELETED>    (c) Minimum Issuance Standards.--</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Documentation showing the person's 
                date of birth.</DELETED>
                <DELETED>    (C) Proof of the person's social security 
                account number or verification that the person is not 
                eligible for a social security account 
                number.</DELETED>
                <DELETED>    (D) Documentation showing the person's 
                name and address of principal residence.</DELETED>
        <DELETED>    (2) Special requirements.--</DELETED>
                <DELETED>    (A) In general.--To meet the requirements 
                of this section, a State shall comply with the minimum 
                standards of this paragraph.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) is a citizen of the United 
                        States;</DELETED>
                        <DELETED>    (ii) is an alien lawfully admitted 
                        for permanent or temporary residence in the 
                        United States;</DELETED>
                        <DELETED>    (iii) has conditional permanent 
                        resident status in the United States;</DELETED>
                        <DELETED>    (iv) has an approved application 
                        for asylum in the United States or has entered 
                        into the United States in refugee 
                        status;</DELETED>
                        <DELETED>    (v) has a valid, unexpired 
                        nonimmigrant visa or nonimmigrant visa status 
                        for entry into the United States;</DELETED>
                        <DELETED>    (vi) has a pending application for 
                        asylum in the United States;</DELETED>
                        <DELETED>    (vii) has a pending or approved 
                        application for temporary protected status in 
                        the United States;</DELETED>
                        <DELETED>    (viii) has approved deferred 
                        action status; or</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (C) Temporary drivers' licenses and 
                identification cards.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Verification of documents.--To meet the 
        requirements of this section, a State shall implement the 
        following procedures:</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (B) The State shall not accept any foreign 
                document, other than an official passport, to satisfy a 
                requirement of paragraph (1) or (2).</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Subject each person applying for a driver's 
        license or identification card to mandatory facial image 
        capture.</DELETED>
        <DELETED>    (4) Establish an effective procedure to confirm or 
        verify a renewing applicant's information.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (8) Subject all persons authorized to manufacture 
        or produce drivers' licenses and identification cards to 
        appropriate security clearance requirements.</DELETED>
        <DELETED>    (9) Establish fraudulent document recognition 
        training programs for appropriate employees engaged in the 
        issuance of drivers' licenses and identification 
        cards.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 203. LINKING OF DATABASES.</DELETED>

<DELETED>    (a) In General.--To be eligible to receive any grant or 
other type of financial assistance made available under this title, a 
State shall participate in the interstate compact regarding sharing of 
driver license data, known as the ``Driver License Agreement'', in 
order to provide electronic access by a State to information contained 
in the motor vehicle databases of all other States.</DELETED>
<DELETED>    (b) Requirements for Information.--A State motor vehicle 
database shall contain, at a minimum, the following 
information:</DELETED>
        <DELETED>    (1) All data fields printed on drivers' licenses 
        and identification cards issued by the State.</DELETED>
        <DELETED>    (2) Motor vehicle drivers' histories, including 
        motor vehicle violations, suspensions, and points on 
        licenses.</DELETED>

<DELETED>SEC. 204. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN 
              FALSE IDENTIFICATION DOCUMENTS.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (b) Use of False Driver's License at Airports.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 205. GRANTS TO STATES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 206. AUTHORITY.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Compliance With Standards.--All authority to certify 
compliance with standards under this title shall be carried out by the 
Secretary of Transportation, in consultation with the Secretary of 
Homeland Security and the States.</DELETED>
<DELETED>    (c) 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.</DELETED>

<DELETED>SEC. 207. REPEAL.</DELETED>

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

<DELETED>SEC. 208. LIMITATION ON STATUTORY CONSTRUCTION.</DELETED>

<DELETED>    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.</DELETED>

       <DELETED>TITLE III--BORDER INFRASTRUCTURE AND TECHNOLOGY 
                         INTEGRATION</DELETED>

<DELETED>SEC. 301. VULNERABILITY AND THREAT ASSESSMENT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 302. USE OF GROUND SURVEILLANCE TECHNOLOGIES FOR BORDER 
              SECURITY.</DELETED>

<DELETED>    (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--
</DELETED>
        <DELETED>    (1) consider various current and proposed ground 
        surveillance technologies that could be utilized to enhance the 
        border security of the United States;</DELETED>
        <DELETED>    (2) assess the threats to the border security of 
        the United States that could be addressed by the utilization of 
        such technologies; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Additional Requirements.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) the cost, utility, and effectiveness 
                of such technologies for border security; and</DELETED>
                <DELETED>    (C) liability, safety, and privacy 
                concerns relating to the utilization of such 
                technologies for border security.</DELETED>
        <DELETED>    (2) Technologies.--The ground surveillance 
        technologies utilized in the pilot program shall include the 
        following:</DELETED>
                <DELETED>    (A) Video camera technology.</DELETED>
                <DELETED>    (B) Sensor technology.</DELETED>
                <DELETED>    (C) Motion detection technology.</DELETED>
<DELETED>    (c) Implementation.--The Under Secretary of Homeland 
Security for Border and Transportation Security shall implement the 
pilot program developed under this section.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 303. ENHANCEMENT OF COMMUNICATIONS INTEGRATION AND 
              INFORMATION SHARING ON BORDER SECURITY.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2005, and for other purposes, namely:

                TITLE I--DEFENSE-RELATED APPROPRIATIONS

                               CHAPTER 1

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$13,609,308,000: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of 
the conference report to accompany S. Con. Res. 95 (108th Congress).

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$535,108,000: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th Congress).

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$1,358,053,000: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of 
the conference report to accompany S. Con. Res. 95 (108th Congress).

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$1,684,943,000: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of 
the conference report to accompany S. Con. Res. 95 (108th Congress).

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$16,767,304,000: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of 
the conference report to accompany S. Con. Res. 95 (108th Congress).

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$3,430,801,000: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 402 of 
the conference report to accompany S. Con. Res. 95 (108th Congress).

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $970,464,000: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $5,528,574,000: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $3,308,392,000, of which--
            (1) not to exceed $25,000,000 may be used for the Combatant 
        Commander Initiative Fund, to be used in support of Operation 
        Iraqi Freedom and Operation Enduring Freedom; and
            (2) up to $1,370,000,000, to remain available until 
        expended, may be used for payments to reimburse Pakistan, 
        Jordan, and other key cooperating nations, for logistical, 
        military, and other support provided, or to be provided, to 
        United States military operations, notwithstanding any other 
        provision of law: Provided, That such payments may be made in 
        such amounts as the Secretary of Defense, with the concurrence 
        of the Secretary of State, and in consultation with the 
        Director of the Office of Management and Budget, may determine, 
        in his discretion, based on documentation determined by the 
        Secretary of Defense to adequately account for the support 
        provided, and such determination is final and conclusive upon 
        the accounting officers of the United States, and 15 days 
        following notification to the appropriate congressional 
        committees: Provided further, That the Secretary of Defense 
        shall provide quarterly reports to the congressional defense 
        committees on the use of funds provided in this paragraph: 
        Provided further, That the amount provided under this heading 
        is designated as an emergency requirement pursuant to section 
        402 of the conference report to accompany S. Con. Res. 95 
        (108th Congress).

                Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $21,354,000: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

             Operation and Maintenance, Army National Guard

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

                    Afghanistan Security Forces Fund

                     (including transfer of funds)

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

                       Iraq Security Forces Fund

                     (including transfer of funds)

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

                              PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

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

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

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

                    Office of the Inspector General

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

                             RELATED AGENCY

               Intelligence Community Management Account

    For an additional amount for ``Intelligence Community Management 
Account'', $89,300,000, of which $20,000,000 is to remain available 
until September 30, 2006: Provided, That the amounts provided under 
this heading are designated as an emergency requirement pursuant to 
section 402 of the conference report to accompany S. Con. Res. 95 
(108th Congress).

                    GENERAL PROVISIONS, THIS CHAPTER

                       special transfer authority

                          (transfer of funds)

    Sec. 1101. Upon his determination that such action is necessary in 
the national interest, the Secretary of Defense may transfer between 
appropriations up to $2,000,000,000 of the funds made available to the 
Department of Defense in this Act: Provided, That the Secretary shall 
notify the Congress promptly of each transfer made pursuant to this 
authority: Provided further, That the transfer authority provided in 
this section is in addition to any other transfer authority available 
to the Department of Defense: Provided further, That the authority in 
this section is subject to the same terms and conditions as the 
authority provided in section 8005 of the Department of Defense 
Appropriations Act, 2005, except for the fourth proviso: Provided 
further, That the amount made available by the transfer of funds in or 
pursuant to this section is designated as an emergency requirement 
pursuant to section 402 of the conference report to accompany S. Con. 
Res. 95 (108th Congress).

                       general transfer authority

                          (transfer of funds)

    Sec. 1102. Section 8005 of the Department of Defense Appropriations 
Act, 2005 (Public Law 108-287; 118 Stat. 969), is amended by striking 
``$3,500,000,000'' and inserting in lieu thereof ``$5,685,000,000'': 
Provided, That the amount made available by the transfer of funds in or 
pursuant to this section is designated as an emergency requirement 
pursuant to section 402 of the conference report to accompany S. Con. 
Res. 95 (108th Congress).

                        counter-drug activities

    Sec. 1103. (a) Authority to Provide Support.--Of the amount 
appropriated under the heading, ``Drug Interdiction and Counter-Drug 
Activities, Defense'' in this Act, not to exceed $40,000,000 may be 
made available for the provision of support for counter-drug activities 
of the Governments of Afghanistan and Pakistan: Provided, That such 
support shall be provided in addition to support provided for the 
counter-drug activities of said Government under any other provision of 
law.
    (b) Types of Support.--
            (1) Except as specified in subsections (b)(2) and (b)(3) of 
        this section, the support that may be provided under the 
        authority in this section shall be limited to the types of 
        support specified in section 1033(c)(1) of the National Defense 
        Authorization Act for Fiscal Year 1998 (Public Law 105-85, as 
        amended by Public Law 106-398 and Public Law 108-136) and 
        conditions on the provision of support as contained in section 
        1033 shall apply for fiscal year 2005.
            (2) The Secretary of Defense may transfer vehicles, 
        aircraft, and detection, interception, monitoring and testing 
        equipment to said Governments for counter-drug activities.
            (3) For the Governments of Afghanistan and Pakistan, the 
        Secretary of Defense may also provide individual and crew-
        served weapons, and ammunition for counter-drug security 
        forces.

                  extraordinary and emergency expenses

    Sec. 1104. Under the heading, ``Operation and Maintenance, Defense-
Wide'', in title II of the Department of Defense Appropriations Act, 
2005 (Public Law 108-287), strike ``$32,000,000'' and insert 
``$43,000,000''.

                            advance billing

    Sec. 1105. Notwithstanding section 2208(l) of title 10, United 
States Code, during the current fiscal year working capital funds of 
the Department of Defense may utilize advance billing in a total amount 
not to exceed $1,500,000,000.

                     weapons purchase and disposal

    Sec. 1106. Notwithstanding any other provision of law, from funds 
made available in this Act to the Department of Defense under 
``Operation and Maintenance, Defense-Wide'', not to exceed $10,000,000 
may be used to purchase and dispose of weapons from any person, foreign 
government, international organization or other entity, for the purpose 
of protecting U.S. forces overseas: Provided, That the Secretary of 
Defense shall provide quarterly reports to the congressional defense 
committees regarding the purchase and disposal of weapons under this 
section.

                 commander's emergency response program

    Sec. 1107. Section 1201(a) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375), as amended 
by section 102, title I, division J, Consolidated Appropriations Act, 
2005 (Public Law 108-447), is further amended by striking 
``$500,000,000'' and inserting ``$854,000,000''.

                           classified program

    Sec. 1108. Section 8090(b) of the Department of Defense 
Appropriations Act, 2005 (Public Law 108-287), is amended by striking 
``$185,000,000'' and inserting ``$210,000,000''.

            office of the director of national intelligence

    Sec. 1109. Section 1096(b) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458), is amended--
            (1) by striking ``in the fiscal year after the effective 
        date of this Act'' and inserting in lieu thereof ``in the 
        fiscal years 2005 and 2006''; and
            (2) in paragraph (1) by striking ``500 new personnel 
        billets'' and inserting in lieu thereof ``the total of 500 new 
        personnel positions''.

                       reserve affiliation bonus

    Sec. 1110. 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. 1111. Servicemembers' Group Life Insurance Enhancements. (a) 
Increased Maximum Amount Under Servicemembers' Group Life Insurance.--
Section 1967 of title 38, United States Code, is amended--
            (1) in subsection (a)(3)(A), by striking clause (i) and 
        inserting the following new clause:
            ``(i) In the case of a member--
                    ``(I) $400,000 or such lesser amount as the member 
                may elect;
                    ``(II) in the case of a member covered by 
                subsection (e), the amount provided for or elected by 
                the member under subclause (I) plus the additional 
                amount of insurance provided for the member by 
                subsection (e); or
                    ``(III) in the case of a member covered by 
                subsection (e) who has made an election under paragraph 
                (2)(A) not to be insured under this subchapter, the 
                amount of insurance provided for the member by 
                subsection (e).''; and
            (2) in subsection (d), by striking ``$250,000'' and 
        inserting ``$400,000''.
    (b) Additional Amount for Members Serving in Certain Areas or 
Operations.--
            (1) Increased amount.--Section 1967 of such title is 
        further amended--
                    (A) by redesignating subsection (e) as subsection 
                (f); and
                    (B) by inserting after subsection (d) the following 
                new subsection (e):
    ``(e)(1) A member covered by this subsection is any member as 
follows:
            ``(A) Any member who dies as a result of one or more 
        wounds, injuries, or illnesses incurred while serving in an 
        operation or area that the Secretary designates, in writing, as 
        a combat operation or a zone of combat, respectively, for 
        purposes of this subsection.
            ``(B) Any member who formerly served in an operation or 
        area so designated and whose death is determined (under 
        regulations prescribed by the Secretary of Defense) to be the 
        direct result of injury or illness incurred or aggravated while 
        so serving.
    ``(2) The additional amount of insurance under this subchapter that 
is provided for a member by this subsection is $150,000, except that in 
a case in which the amount provided for or elected by the member under 
subclause (I) of subsection (a)(3)(A) exceeds $250,000, the additional 
amount of insurance under this subchapter that is provided for the 
member by this subsection shall be reduced to such amount as is 
necessary to comply with the limitation in paragraph (3).
    ``(3) The total amount of insurance payable for a member under this 
subchapter may not exceed $400,000.
    ``(4) While a member is serving in an operation or area designated 
as described in paragraph (1), the cost of insurance of the member 
under this subchapter that is attributable to $150,000 of insurance 
coverage shall be contributed as provided in section 1969(b)(2) of this 
title and may not be deducted or withheld from the member's pay.''.
            (2) Funding.--Section 1969(b) of such title is amended--
                    (A) by inserting ``(1)'' after ``(b)''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) For each month for which a member insured under this 
subchapter is serving in an operation or area designated as described 
by paragraph (1)(A) of section 1967(e) of this title, there shall be 
contributed from the appropriation made for active duty pay of the 
uniformed service concerned an amount determined by the Secretary and 
certified to the Secretary concerned to be the cost of Servicemembers' 
Group Life Insurance which is traceable to the cost of providing 
insurance for the member under section 1967 of this title in the amount 
of $150,000.''.
    (c) Conforming Amendment.--Section 1967(a)(2)(A) of such title is 
amended by inserting before the period at the end the following: ``, 
except for insurance provided under paragraph (3)(A)(i)(III)''.
    (d) Coordination With VGLI.--Section 1977(a) of such title is 
amended--
            (1) by striking ``$250,000'' each place it appears and 
        inserting ``$400,000''; and
            (2) by adding at the end of paragraph (1) the following new 
        sentence: ``Any additional amount of insurance provided a 
        member under section 1967(e) of this title may not be treated 
        as an amount for which Veterans' Group Life Insurance shall be 
        issued under this section.''.
    (e) Requirements Regarding Elections of Members to Reduce or 
Decline Insurance.--Section 1967(a) of such title is further amended--
            (1) in paragraph (2), by adding at the end the following 
        new subparagraph:
    ``(C) Pursuant to regulations prescribed by the Secretary of 
Defense, notice of an election of a member not to be insured under this 
subchapter, or to be insured under this subchapter in an amount less 
than the maximum amount provided under paragraph (3)(A)(i)(I), shall be 
provided to the spouse of the member.''; and
            (2) in paragraph (3)--
                    (A) in the matter preceding clause (i), by striking 
                ``and (C)'' and inserting ``, (C), and (D)''; and
                    (B) by adding at the end the following new 
                subparagraphs:
    ``(D) A member with a spouse may not elect not to be insured under 
this subchapter, or to be insured under this subchapter in an amount 
less than the maximum amount provided under subparagraph (A)(i)(I), 
without the written consent of the spouse.''.
    (f) Requirement Regarding Redesignation of Beneficiaries.--Section 
1970 of such title is amended by adding at the end the following new 
subsection:
    ``(j) A member with a spouse may not modify the beneficiary or 
beneficiaries designated by the member under subsection (a) without the 
written consent of the spouse.''.
    (g) Effective Date.--This section and the amendments made by this 
section shall take effect on the first day of the first month that 
begins more than 90 days after the date of the enactment of this Act.
    (h) Termination.--The amendments made by this section shall 
terminate on September 30, 2005. Effective on October 1, 2005, the 
provisions of sections 1967, 1969, 1970, and 1977 of title 38, United 
States Code, as in effect on the date before the date of the enactment 
of this Act shall be revived.

                             death gratuity

    Sec. 1112. Death Gratuity Enhancements. (a) Deaths From Combat-
Related Causes or Causes Incurred in Designated Operations or Areas.--
            (1) Amount.--Section 1478 of title 10, United States Code, 
        is amended--
                    (A) in subsection (a), by inserting ``, except as 
                provided in subsection (c)'' 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 (as adjusted under subsection (d)) 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) Increases consistent with increases in rates of basic 
        pay.--Subsection (d) of such section, as redesignated by 
        paragraph (1)(B), is further amended by striking ``amount of 
        the death gratuity in effect under subsection (a)'' and 
        inserting ``amounts of the death gratuities in effect under 
        subsections (a) and (c)''.
            (3) 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))''.
            (4) Effective date; termination.--
                    (A) The amendments made by this subsection shall 
                take effect on the date of the enactment of this Act.
                    (B) The amendments 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.
    (b) Additional Gratuity for Deaths Before Effective Date.--
            (1) Requirement to pay additional gratuity.--
                    (A) In the case of a member of the Armed Forces 
                described in subparagraph (B), the Secretary of the 
                military department concerned shall pay a death 
                gratuity in accordance with this subsection that is in 
                addition to the death gratuity payable in the case of 
                such death under sections 1475 through 1477 of title 
                10, United States Code.
                    (B) The requirements of this subsection apply in 
                the case of a member of the Armed Forces who died 
                before the date of the enactment of this Act as a 
                direct result of one or more wounds, injuries, or 
                illnesses that--
                            (i) were incurred in the theater of 
                        operations of Operation Enduring Freedom or 
                        Operation Iraqi Freedom; or
                            (ii) were incurred as described in section 
                        1413a(e)(2) of title 10, United States Code, on 
                        or after October 7, 2001.
            (2) Amount.--The amount of the additional death gratuity is 
        $238,000.
            (3) Beneficiaries.--The beneficiary or beneficiaries who 
        are entitled under section 1477 of title 10, United States 
        Code, to receive payment of the regular military death gratuity 
        in the case of the death of a member referred to in paragraph 
        (2) shall be entitled to receive the additional death gratuity 
        payable in such case. If there are two or more such 
        beneficiaries, the portion of the total amount of the 
        additional death gratuity payable to a beneficiary in such case 
        shall be the amount that bears the same ratio to the total 
        amount of the additional death gratuity under paragraph (2) as 
        the amount of the share of the regular military death gratuity 
        payable to that beneficiary bears to the total amount of the 
        regular military death gratuity payable to all such 
        beneficiaries in such case.
            (4) Definitions.--In this subsection:
                    (A) The term ``additional death gratuity'' means 
                the death gratuity provided under paragraph (1).
                    (B) The term ``regular military death gratuity'', 
                means a death gratuity payable under sections 1475 
                through 1477 of title 10 United States Code.

                 intelligence activities authorization

    Sec. 1113. Funds appropriated in this Act, or made available by the 
transfer of funds in or pursuant to this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414).

                   prohibition of new start programs

    Sec. 1114. (a) None of the funds provided in this chapter may be 
used to finance programs or activities denied by Congress in fiscal 
year 2005 appropriations to the Department of Defense or to initiate a 
procurement or research, development, test and evaluation new start 
program without prior notification to the congressional defense 
committees.
    (b) Notwithstanding subsection (a) of this section, the Department 
of the Army may use funds made available in this Act under the heading, 
``Procurement of Ammunition, Army'' to procure ammunition and 
accessories therefor that have a standard-type classification, under 
Army regulations pertaining to the acceptability of materiel for use, 
and that are the same as other ammunition and accessories therefor that 
have been procured with funds made available under such heading in past 
appropriations Acts for the Department of Defense, only for 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. 1115. (a)(1) Notwithstanding section 917 of Public Law 97-86, 
as amended, of the funds appropriated or otherwise made available by 
the Department of Defense Appropriations Act, 2005 (Public Law 108-
287), the Military Construction Appropriations and Emergency Hurricane 
Supplemental Appropriations Act, 2005 (Public Law 108-324), and other 
Acts for the purpose of the destruction of the United States stockpile 
of lethal chemical agents and munitions at Blue Grass Army Depot, 
Kentucky, and Pueblo Chemical Depot, Colorado, that had not been 
obligated as of March 15, 2005, shall remain available for obligation 
solely for such purpose and shall be made available not later than 30 
days after the date of the enactment of this Act to the Program Manager 
for Assembled Chemical Weapons Alternatives for activities related to 
such purpose at Blue Grass Army Depot, Kentucky, and Pueblo Chemical 
Depot, Colorado.
    (2) The amount of funds appropriated or otherwise made available by 
the Department of Defense Appropriations Act, 2005, the Military 
Construction Appropriations and Emergency Hurricane Supplemental 
Appropriations Act, 2005, and other Acts for the purpose of the 
destruction of the United States stockpile of lethal chemical agents 
and munitions at Blue Grass Army Depot, Kentucky, and Pueblo Chemical 
Depot, Colorado, that had not been obligated or expended as of March 
15, 2005, is $372,280,000.
    (3) Of the funds made available to the Program Manager under 
paragraph (1), not less than $100,000,000 shall be obligated by the 
Program Manager not later than 120 days after the date of the enactment 
of this Act.
    (b)(1) Notwithstanding section 917 of Public Law 97-86, as amended, 
none of the funds appropriated or otherwise made available by the 
Department of Defense Appropriations Act, 2005, the Military 
Construction Appropriations and Emergency Hurricane Supplemental 
Appropriations Act, 2005, and other Acts for the purpose of the 
destruction of the United States stockpile of lethal chemical agents 
and munitions at Blue Grass Army Depot, Kentucky, and Pueblo Chemical 
Depot, Colorado, may be deobligated, transferred, or reprogrammed out 
of the Assembled Chemical Weapons Alternatives Program.
    (2) The amount appropriated or otherwise made available by the 
Department of Defense Appropriations Act, 2005, the Military 
Construction Appropriations and Emergency Hurricane Supplemental 
Appropriations Act, 2005, and other Acts for the purpose of the 
destruction of the United States stockpile of lethal chemical agents 
and munitions at Blue Grass Army Depot, Kentucky, and Pueblo Chemical 
Depot, Colorado, is $813,440,000.
    (c) No funds appropriated or otherwise made available to the 
Secretary of Defense under this Act or any other Act may be obligated 
or expended to finance directly or indirectly any study related to the 
transportation of chemical weapons across State lines.

                  philadelphia regional port authority

    Sec. 1116. Section 115 of division H of Public Law 108-199 is 
amended by striking all after ``made available'' and substituting ``, 
notwithstanding section 2218(c)(1) of title 10, United States Code, for 
a grant to Philadelphia Regional Port Authority, to be used solely for 
the purpose of construction, by and for a Philadelphia-based company 
established to operate high-speed, advanced-design vessels for the 
transport of high-value, time-sensitive cargoes in the foreign commerce 
of the United States, of a marine cargo terminal and IT network for 
high-speed commercial vessels that is capable of supporting military 
sealift requirements.''.

                continuity of government transportation

    Sec. 1117. Notwithstanding any other provision of the law, to 
facilitate the continuity of Government, during fiscal year 2005, no 
more than 11 officers and employees of the Executive Office of the 
President may be transported between their residence and place of 
employment on passenger carriers owned or leased by the Federal 
Government.

                         lpd-17 cost adjustment

                          (transfer of funds)

    Sec. 1118. 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. 1119. (a) No funds appropriated or otherwise made available by 
this Act, or by any other Act, may be obligated or expended to prepare 
for, conduct, or implement a strategy for the acquisition of the next 
generation destroyer (DD(X)) program through a winner-take-all 
strategy.
    (b) Winner-take-all Strategy Defined.--In this section, the term 
``winner-take-all strategy'', with respect to the acquisition of 
destroyers under the next generation destroyer program, means the 
acquisition (including design and construction) of such destroyers 
through a single shipyard.

                              civilian pay

    Sec. 1120. 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. 1121. 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.

                               CHAPTER 2

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

    For an additional amount for ``Military Construction, Army'', 
$897,191,000, to remain available until September 30, 2007: Provided, 
That such funds may be used to carry out planning and design and 
military construction projects not otherwise authorized by law: 
Provided further, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th Congress).

              Military Construction, Navy and Marine Corps

    For an additional amount for ``Military Construction, Navy and 
Marine Corps'', $107,380,000, to remain available until September 30, 
2007: Provided, That such funds may be used to carry out planning and 
design and military construction projects not otherwise authorized by 
law: Provided further, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th Congress).

                    Military Construction, Air Force

    For an additional amount for ``Military Construction, Air Force'', 
$140,983,000, to remain available until September 30, 2007: Provided, 
That such funds may be used to carry out planning and design and 
military construction projects not otherwise authorized by law: 
Provided further, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th Congress).

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

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service

                     public law 480 title ii grants

    For additional expenses during the current fiscal year, not 
otherwise recoverable, and unrecovered prior years' costs, including 
interest thereon, under the Agricultural Trade Development and 
Assistance Act of 1954, for commodities supplied in connection with 
dispositions abroad under title II of said Act, $150,000,000, 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 STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    For an additional amount for ``Diplomatic and Consular Programs'', 
$757,700,000, 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 AND CONFERENCES

        Contributions for International Peacekeeping Activities

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

                             RELATED AGENCY

                    BROADCASTING BOARD OF GOVERNORS

                 International Broadcasting Operations

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

                   Broadcasting Capital Improvements

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

                     BILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

              International Disaster and Famine Assistance

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

                         Transition Initiatives

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

   Operating Expenses of the United States Agency for International 
                              Development

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

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

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

                  OTHER BILATERAL ECONOMIC ASSISTANCE

                         Economic Support Fund

                     (including transfer of funds)

    For an additional amount for ``Economic Support Fund'', 
$1,631,300,000, to remain available until September 30, 2006: Provided, 
That of the funds appropriated under this heading, $200,000,000 should 
be made available for programs, activities, and efforts to support 
Palestinians, of which $50,000,000 should be made available for 
assistance for Israel to help ease the movement of Palestinian people 
and goods in and out of Israel: Provided further, That of the funds 
appropriated under this heading, not less than $5,000,000 shall be made 
available for assistance for displaced persons in Afghanistan: Provided 
further, That of the funds appropriated under this heading, not less 
than $5,000,000 should be made available to support Afghan women's 
organizations that work to defend the legal rights of women and to 
increase women's political participation: Provided further, That of the 
funds appropriated under this heading, up to $10,000,000 may be 
transferred to the Overseas Private Investment Corporation for the cost 
of direct and guaranteed loans as authorized by section 234 of the 
Foreign Assistance Act of 1961: Provided further, That such costs, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th Congress).

    Assistance for the Independent States of the Former Soviet Union

    For an additional amount for ``Assistance for the Independent 
States of the Former Soviet Union'' for assistance to Ukraine, 
$70,000,000, to remain available until September 30, 2006: Provided, 
That of the funds appropriated under this heading, $5,000,000 shall be 
made available for democracy programs in Belarus, which shall be 
administered by the Bureau of Democracy, Human Rights and Labor, 
Department of State: Provided further, That of the funds appropriated 
under this heading, not less than $5,000,000 shall be made available 
through the United States Agency for International Development for 
humanitarian, conflict mitigation, and other relief and recovery 
assistance for needy families and communities in Chechnya, Ingushetia 
and elsewhere in the North Caucasus: Provided further, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of the conference report to accompany S. Con. 
Res. 95 (108th Congress).

                          DEPARTMENT OF STATE

          International Narcotics Control and Law Enforcement

                     (including transfer of funds)

    For an additional amount for ``International Narcotics Control and 
Law Enforcement'', $660,000,000, to remain available until September 
30, 2007, of which up to $46,000,000 may be transferred to and merged 
with ``Economic Support Fund'' if the Secretary of State, after 
consultation with the Committees on Appropriations, determines that 
this transfer is the most effective and timely use of resources to 
carry out counternarcotics and reconstruction programs: Provided, That 
the amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of the conference report to 
accompany S. Con. Res. 95 (108th Congress).

                    Migration and Refugee Assistance

    For an additional amount for ``Migration and Refugee Assistance'', 
$108,400,000, to remain available until September 30, 2006: Provided, 
That of the funds appropriated under this heading, not less than 
$55,000,000 shall be made available for assistance for refugees in 
Africa and to fulfill refugee protection goals set by the President for 
fiscal year 2005: Provided further, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).

    Nonproliferation, Anti-Terrorism, Demining and Related Programs

    For an additional amount for ``Nonproliferation, Anti-Terrorism, 
Demining and Related Programs'', $32,100,000, to remain available until 
September 30, 2006, of which not to exceed $15,000,000, to remain 
available until expended, may be made available for the 
Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation and disarmament: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of the conference report to accompany S. Con. 
Res. 95 (108th Congress).

                  FUNDS APPROPRIATED TO THE PRESIDENT

                       OTHER BILATERAL ASSISTANCE

                   Global War on Terror Partners Fund

                     (including transfer of funds)

    For necessary expenses to carry out the purposes of the Foreign 
Assistance Act of 1961 for responding to urgent economic support 
requirements in countries supporting the United States in the Global 
War on Terror, $40,000,000, to remain available until expended: 
Provided, That these funds may be used only pursuant to a determination 
by the President, and after consultation with the Committees on 
Appropriations, that such use will support the global war on terrorism 
to furnish economic assistance to partners on such terms and conditions 
as he may determine for such purposes, including funds on a grant basis 
as a cash transfer: Provided further, That funds made available under 
this heading may be transferred by the Secretary of State to other 
Federal agencies or accounts to carry out the purposes under this 
heading: Provided further, That upon a determination that all or part 
of the funds so transferred from this appropriation are not necessary 
for the purposes provided herein, such amounts may be transferred back 
to this appropriation: Provided further, That funds appropriated under 
this heading shall be considered to be economic assistance under the 
Foreign Assistance Act of 1961 for purposes of making available the 
administrative authorities contained in the Act for the use of economic 
assistance: Provided further, That funds appropriated under this 
heading shall be subject to the regular notification procedures of the 
Committees on Appropriations, except that such notifications shall be 
submitted no less than five days prior to the obligation of funds: 
Provided further, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th Congress).

                          MILITARY ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

                   Foreign Military Financing Program

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

                        Peacekeeping Operations

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

                    GENERAL PROVISIONS, THIS CHAPTER

                         voluntary contribution

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

                         reporting requirement

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

                         (rescission of funds)

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

                          democracy exception

    Sec. 2104. Funds appropriated for fiscal year 2005 under the 
heading ``Economic Support Fund'' may be made available for democracy 
and rule of law programs and activities, notwithstanding the provisions 
of section 574 of division D of Public Law 108-447.

        TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON TERROR

                               CHAPTER 1

                         DEPARTMENT OF JUSTICE

                         General Administration

                      office of inspector general

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

                     United States Marshals Service

                         salaries and expenses

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

                    Federal Bureau of Investigation

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$66,512,000, to remain available until September 30, 2006: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of the conference report 
to accompany S. Con. Res. 95 (108th Congress).
    In addition, notwithstanding any other provision of law, the 
Federal Bureau of Investigation shall have the authority to execute a 
lease of up to 160,000 square feet of space for the Terrorist Screening 
Center within the Washington, D.C. Metropolitan area.

                    Drug Enforcement Administration

                         salaries and expenses

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

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $5,100,000, 
to remain available until September 30, 2006: Provided, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of the conference report to accompany S. Con. 
Res. 95 (108th Congress).

                               CHAPTER 2

                          DEPARTMENT OF ENERGY

                National Nuclear Security Adminstration

                           weapons activities

    For an additional amount for ``Weapons Activities'', $26,000,000, 
to remain available until expended: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of the conference report to accompany S. Con. Res. 95 
(108th Congress).

                    defense nuclear nonproliferation

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

                               CHAPTER 3

                    DEPARTMENT OF HOMELAND SECURITY

                  IMMIGRATION AND CUSTOMS ENFORCEMENT

                         Salaries and Expenses

    For an additional amount for ``Salaries and Expenses'', 
$276,000,000, of which not less than $11,000,000 shall be available for 
the costs of increasing by no less than seventy-nine the level of full-
time equivalents on board on the date of enactment of this Act: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th Congress).

                       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).

                               CHAPTER 4

                             CAPITOL POLICE

                                Salaries

    For an additional amount for salaries of employees of the Capitol 
Police, including overtime, hazardous duty pay differential, and 
Government contributions for health, retirement, social security, 
professional liability insurance, and other applicable employee 
benefits, $10,000,000, to remain available until expended: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of the conference report 
to accompany S. Con. Res. 95 (108th Congress).

                                Expenses

    For an additional amount for necessary expenses of the Capitol 
Police, $13,300,000, to remain available until expended: Provided, That 
the amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of the conference report to 
accompany S. Con. Res. 95 (108th Congress).

                        ARCHITECT OF THE CAPITOL

                  Capitol Police Buildings and Grounds

    For an additional amount for Capitol Police Buildings and Grounds, 
$23,000,000, to remain available until September 30, 2010: Provided, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of the conference report 
to accompany S. Con. Res. 95 (108th Congress).

                 TITLE IV--INDIAN OCEAN TSUNAMI RELIEF

                               CHAPTER 1

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

    For an additional amount for ``Operations, Research, and 
Facilities'', $7,070,000, to remain available until September 30, 2007, 
for United States tsunami warning capabilities and operations: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th Congress).

               procurement, acquisition and construction

    For an additional amount for ``Procurement, Acquisition and 
Construction'', $10,170,000, to remain available until September 30, 
2008, for United States tsunami warning capabilities: Provided, That 
the amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of the conference report to 
accompany S. Con. Res. 95 (108th Congress).

                               CHAPTER 2

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

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

             Overseas Humanitarian, Disaster, and Civic Aid

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

                                 CHAPTER 3

                    DEPARTMENT OF HOMELAND SECURITY

                       UNITED STATES COAST GUARD

                           Operating Expenses

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

                               CHAPTER 4

                       DEPARTMENT OF THE INTERIOR

                    United States Geological Survey

                 surveys, investigations, and research

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

                               CHAPTER 5

                  FUNDS APPROPRIATED TO THE PRESIDENT

                       OTHER BILATERAL ASSISTANCE

                Tsunami Recovery and Reconstruction Fund

                     (including transfers of funds)

    For necessary expenses to carry out the Foreign Assistance Act of 
1961, for emergency relief, rehabilitation, and reconstruction aid to 
countries affected by the tsunami and earthquakes of December 2004 and 
March 2005, $656,000,000, to remain available until September 30, 2006: 
Provided, That these funds may be transferred by the Secretary of State 
to Federal agencies or accounts for any activity authorized under part 
I (including chapter 4 of part II) of the Foreign Assistance Act, or 
under the Agricultural Trade Development and Assistance Act of 1954, to 
accomplish the purposes provided herein: Provided further, That upon a 
determination that all or part of the funds so transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: Provided 
further, That funds appropriated under this heading may be used to 
reimburse fully accounts administered by the United States Agency for 
International Development for obligations incurred for the purposes 
provided under this heading prior to enactment of this Act, including 
Public Law 480 Title II grants: Provided further, That of the amounts 
provided herein: up to $10,000,000 may be transferred to and 
consolidated with ``Development Credit Authority'' for the cost of 
direct loans and loan guarantees as authorized by sections 256 and 635 
of the Foreign Assistance Act of 1961 in furtherance of the purposes of 
this heading; up to $20,000,000 may be transferred to and consolidated 
with ``Operating Expenses of the United States Agency for International 
Development'', of which up to $2,000,000 may be used for administrative 
expenses to carry out credit programs administered by the United States 
Agency for International Development in furtherance of the purposes of 
this heading; up to $500,000 may be transferred to and consolidated 
with ``Operating Expenses of the United States Agency for International 
Development Office of Inspector General''; and up to $5,000,000 may be 
transferred to and consolidated with ``Emergencies in the Diplomatic 
and Consular Service'' for the purpose of providing support services 
for United States citizen victims and related operations: Provided 
further, That of the funds appropriated under this heading, not less 
than $5,000,000 shall be made available for environmental recovery 
activities in Aceh, Indonesia, to be administered by the United States 
Fish and Wildlife Service: Provided further, That of the funds 
appropriated under this heading, not less than $12,000,000 should be 
made available for programs to address the needs of people with 
physical and mental disabilities resulting from the tsunami: Provided 
further, That of the funds appropriated under this heading, not less 
than $25,000,000 should be made available for programs to prevent the 
spread of the Avian flu: Provided further, That of the funds 
appropriated under this heading, $1,500,000 shall be made available for 
trafficking in persons monitoring and prevention programs and 
activities in tsunami affected countries: Provided further, That the 
amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of the conference report to 
accompany S. Con. Res. 95 (108th Congress).

                    GENERAL PROVISIONS, THIS CHAPTER

                           annual limitation

    Sec. 4501. Amounts made available pursuant to section 492(b) of the 
Foreign Assistance Act of 1961, as amended (22 U.S.C. 2292a), to 
address relief and rehabilitation needs for countries affected by the 
Indian Ocean tsunami and earthquakes of December 2004 and March 2005, 
prior to the enactment of this Act, shall be in addition to the amount 
that may be obligated in fiscal year 2005 under that section.

                         authorization of funds

    Sec. 4502. Funds appropriated by this chapter and chapter 2 of 
title II may be obligated and expended notwithstanding section 15 of 
the State Department Basic Authorities Act of 1956, section 313 of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236), section 10 of Public Law 91-672 (22 U.S.C. 2412), and 
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 
414(a)(1)).

                TITLE V--OTHER EMERGENCY APPROPRIATIONS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

      Cooperative State Research, Education, and Extension Service

                   research and education activities

    For an additional amount for ``Research and Education Activities'' 
to provide a grant to the University of Hawaii to partially offset the 
cost of damages to the research and educational resources of the 
College of Tropical Agriculture and Human Resources incurred as a 
result of the catastrophic flood that occurred on October 30, 2004, as 
authorized by law, $3,000,000, to remain available until expended: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th Congress).

                 Natural Resources Conservation Service

                 emergency watershed protection program

    For an additional amount for the emergency watershed protection 
program established under section 403 of the Agricultural Credit Act of 
1978 (16 U.S.C. 2203) to repair damages to the waterways and watersheds 
resulting from natural disasters, $103,000,000, to remain available 
until expended: Provided, That of the amount provided, no less than 
$66,000,000 shall be for eligible work in the State of Utah: Provided 
further, That notwithstanding any other provision of law, the Secretary 
of Agriculture shall count local financial and technical resources, 
including in-kind materials and services, contributed toward recovery 
from the flooding events of January 2005 in Washington County, Utah, 
toward local matching requirements for the emergency watershed 
protection program assistance provided to Washington County, Utah: 
Provided further, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th Congress).

                    GENERAL PROVISIONS, THIS CHAPTER

                         rural housing service

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

                    rural housing assistance grants

    Sec. 5102. The Secretary of Agriculture shall consider the Village 
of New Miami (Ohio) to be eligible for loans and grants provided 
through the Rural Housing Assistance Grants program.

                 natural resources conservation service

    Sec. 5103. (a) Notwithstanding any other provision of law, the 
Natural Resources Conservation Service shall provide financial and 
technical assistance to carry out measures (including research, 
engineering operations, methods of cultivation, the growing of 
vegetation, rehabilitation of existing works, and changes in the use of 
land) to prevent damage to the Manoa watershed in Hawaii.
    (b) There is hereby appropriated $15,000,000, to remain available 
until expended, to carry out provisions of subsection (a): Provided, 
That the amounts provided under this section are designated as an 
emergency requirement pursuant to section 402 of the conference report 
to accompany S. Con. Res. 95 (108th Congress).

                          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).

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                         national forest system

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

                  capital improvement and maintenance

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

                               CHAPTER 3

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary

            public health and social services emergency fund

                    (including rescissions of funds)

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

                             RELATED AGENCY

                  Institute of Museum Library Services

    office of museum and library services: grants and administration

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

                               CHAPTER 4

                             THE JUDICIARY

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

                     (including transfer of funds)

    For an additional amount for ``Salaries and Expenses, Courts of 
Appeals, District Courts and Other Judicial Services'' for unforeseen 
costs associated with recent Supreme Court decisions and recently 
enacted legislation, $60,000,000, to remain available until September 
30, 2006: Provided, That notwithstanding section 302 of division B of 
Public Law 108-477, such sums shall be available for transfer to 
accounts within the Judiciary subject to section 605 of said Act: 
Provided further, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th Congress).

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs

                 housing for persons with disabilities

                    (including rescission of funds)

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

                    GENERAL PROVISION, THIS CHAPTER

              department of housing and urban development

    Sec. 5401. (a) Notwithstanding any other provision of law, the 
Secretary of Housing and Urban Development shall make a grant to the 
University of Hawaii to cover unreimbursed expenses associated with 
costs resulting from the catastrophic flood that occurred on October 
30, 2004.
    (b) There is hereby appropriated $10,000,000, to remain available 
until expended, to carry out provisions of subsection (a): Provided, 
That the amount provided under this section is designated as an 
emergency requirement pursuant to section 402 of the conference report 
to accompany S. Con. Res. 95 (108th Congress).

         TITLE VI--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS

                         availability of funds

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

               transfer authority--department of justice

    Sec. 6002. Notwithstanding section 106 of title I of division B of 
Public Law 108-447, the Department of Justice may transfer funds from 
any Department of Justice account, except ``Buildings and Facilities, 
Federal Prison System'' and ``Office of Justice Programs'' accounts, to 
the ``Detention Trustee'' account: Provided, That the notification 
requirement in section 605 of title VI of division B of Public Law 108-
447 shall apply to any such transfers.

         space considerations--federal bureau of investigation

    Sec. 6003. Notwithstanding any other provision of law, the Special 
Technologies and Application Section within the Federal Bureau of 
Investigation shall have the authority to use existing resources to 
acquire, renovate, and occupy up to 175,000 square feet of additional 
facility space within its immediate surrounding area.

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

    Sec. 6004. The referenced statement of managers under the heading 
``National Oceanic and Atmospheric Administration'' in title II of 
division B of Public Law 108-447 is deemed to be amended after 
``Bonneau Ferry, SC'' by striking ``20,000'' and inserting ``19,200'': 
Provided, That these amounts are available for transfer to ``Response 
and Restoration Base''.
    Sec. 6005. The referenced statement of managers under the heading 
``National Oceanic and Atmospheric Administration'' in title II of 
division B of Public Law 108-447 is deemed to be amended under the 
heading ``Construction/Acquisition, Coastal and Estuarine Land 
Conservation Program'' by striking ``Tonner Canyon, CA'' and inserting 
``Tolay Lake, Sonoma County, CA''.
    Sec. 6006. The referenced statement of managers under the heading 
``National Oceanic and Atmospheric Administration'' in title II of 
division B of Public Law 108-447 is deemed to be amended under the 
heading ``Construction/Acquisition, Coastal and Estuarine Land 
Conservation Program'' by striking ``Port Aransas Nature Preserve 
Wetlands Project, TX--3,000'' and under the heading ``Section 2 (FWCA) 
Coastal/Estuarine Land Acquisition'' by inserting ``Port Aransas Nature 
Preserve Wetlands Project, TX--3,000''.

          local budget authority for the district of columbia

    Sec. 6007. The District of Columbia Appropriations Act, 2005 
(Public Law 108-335) approved October 18, 2004, is amended as follows:
            (1) Section 331 is amended as follows:
                    (A) in the first sentence by striking 
                ``$15,000,000'' and inserting ``$42,000,000, to remain 
                available until expended,'' in its place, and
                    (B) by amending subsection (5) to read as follows:
            ``(5) The amounts may be obligated or expended only if the 
        Mayor notifies the Committees on Appropriations of the House of 
        Representatives and Senate in writing 30 days in advance of any 
        obligation or expenditure.''.
            (2) By inserting a new section before the short title at 
        the end to read as follows:
    ``Sec. 348. The amount appropriated by this Act may be increased by 
an additional amount of $206,736,000 (including $49,927,000 from local 
funds and $156,809,000 from other funds) to be transferred by the Mayor 
of the District of Columbia to the various headings under this Act as 
follows:
            ``(1) $174,927,000 (including $34,927,000 from local funds 
        and $140,000,000 from other funds) shall be transferred under 
        the heading `Government Direction and Support': Provided, That 
        of the funds, $33,000,000 from local funds shall remain 
        available until expended: Provided further, That of the funds, 
        $140,000,000 from other funds shall remain available until 
        expended and shall only be available in conjunction with 
        revenue from a private or alternative financing proposal 
        approved pursuant to section 106 of DC Act 15-717, the 
        `Ballpark Omnibus Financing and Revenue Act of 2004' approved 
        by the District of Columbia, December 29, 2004, and
            ``(2) $15,000,000 from local funds shall be transferred 
        under the heading `Repayment of Loans and Interest', and
            ``(3) $14,000,000 from other funds shall be transferred 
        under the heading `Sports and Entertainment Commission', and
            ``(4) $2,809,000 from other funds shall be transferred 
        under the heading `Water and Sewer Authority'.''.

                       desoto county, mississippi

    Sec. 6008. Section 219(f)(30) of the Water Resources Development 
Act of 1992 (106 Stat. 4835; 106 Stat. 3757; 113 Stat. 334) is amended 
by striking ``$20,000,000'' and inserting ``$55,000,000'' in lieu 
thereof, and by striking ``treatment'' and inserting ``infrastructure'' 
in lieu thereof.
    Sec. 6009. The Secretary is authorized and directed to reimburse 
the non-Federal local sponsor of the project described in section 
219(f)(30) of the Water Resources Development Act of 1992 (106 Stat. 
4835; 106 Stat. 3757; 113 Stat. 334) for costs incurred between May 13, 
2002 and September 30, 2005 in excess of the required non-Federal share 
if the Secretary determines that such costs were incurred for work that 
is compatible with and integral to the project: Provided, That the non-
Federal local sponsor, at its option, may choose to accept, in lieu of 
reimbursement, a credit against the non-Federal share of project costs 
incurred after May 13, 2002.

                    fort peck fish hatchery, montana

    Sec. 6010. Section 325(f)(1)(A) of Public Law 106-541 is modified 
by striking ``$20,000,000'' and inserting in lieu thereof 
``$25,000,000''.

                         ali wai canal, hawaii

    Sec. 6011. For an amount from within available funds from ``General 
Investigations'' for the expansion of studies necessitated by severe 
flooding, up to $1,800,000, to remain available until expended.

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

    Sec. 6012. The first proviso under the heading ``Operation and 
Maintenance'' in title I of division C of Public Law 108-447 is amended 
by striking ``October 1, 2003, and September 30, 2004'' and inserting 
``October 1, 2004, and September 30, 2005''.

                 offshore oil and gas fabrication ports

    Sec. 6013. In determining the economic justification for navigation 
projects involving offshore oil and gas fabrication ports, the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to measure and include in the National Economic Development 
calculation the benefits of future energy exploration and production 
fabrication contracts and transportation cost savings that would result 
from larger navigation channels.

  mcclellan kerr navigation system advanced operation and maintenance

    Sec. 6014. The last proviso under the heading ``Operation and 
Maintenance'' in title I of division C of Public Law 108-447 is amended 
by striking ``Public Law 108-357'' and inserting ``Public Law 108-
137''.

                 silvery minnow off-channel sanctuaries

    Sec. 6015. The Secretary of the Interior is authorized to perform 
such analyses and studies as needed to determine the viability of 
establishing an off-channel sanctuary for the Rio Grande Silvery Minnow 
in the Middle Rio Grande Valley. In conducting these studies, the 
Secretary shall take into consideration:
            (1) providing off-channel, naturalistic habitat conditions 
        for propagation, recruitment, and maintenance of Rio Grande 
        silvery minnows; and
            (2) minimizing the need for acquiring water or water rights 
        to operate the sanctuary.
    If the Secretary determines the project to be viable, the Secretary 
is further authorized to design and construct the sanctuary and to 
thereafter operate and maintain the sanctuary. The Secretary may enter 
into grant agreements, cooperative agreements, financial assistance 
agreements, interagency agreements, and contracts with Federal and non-
Federal entities to carry out the purposes of this Act.

                       desalination act extension

    Sec. 6016. Section 8 of Public Law 104-298 (The Water Desalination 
Act of 1996) (110 Stat. 3624) as amended by section 210 of Public Law 
108-7 (117 Stat. 146) is amended by--
            (1) in paragraph (a) by striking ``2004'' and inserting in 
        lieu thereof ``2009''; and
            (2) in paragraph (b) by striking ``2004'' and inserting in 
        lieu thereof ``2009''.

             bureau of reclamation, humboldt title transfer

    Sec. 6017. Notwithstanding Public Law 108-137, title II, sec. 
217(a)(3) the State of Nevada shall be exempt from any payments 
associated with the Humboldt Title Transfer as described in Public Law 
107-282, title VIII, sec. 804(f): Provided, That transfer costs shall 
not exceed $850,000.

                           office of science

    Sec. 6018. In division C, title III of the Consolidated 
Appropriations Act, 2005 (Public Law 108-447), the item relating to 
``Department of Energy, Energy Programs, Science'' is amended by 
inserting ``: Provided, That $2,000,000 is provided within available 
funds to continue funding for project #DE-FG0204ER63842-04090945, the 
Southeast Regional Cooling, Heating and Power and Bio-Fuel Application 
Center, and $3,000,000 is provided from within available funds for the 
University of Texas Southwestern Medical Center, University of Texas at 
Dallas Metroplex Comprehensive Imaging Center: Provided further, That 
within funds made available herein $500,000 is provided for the 
desalination plant technology program at the University of Nevada-Reno 
(UNR) and $500,000 for the Oral History of the Negotiated Settlement 
project at UNR: Provided further, That $4,000,000 is to be provided 
from within available funds to the Fire Sciences Academy in Elko, 
Nevada, for purposes of capital debt service'' after 
``$3,628,902,000''.

                           weapons activities

                     (including transfer of funds)

    Sec. 6019. In division C, title III of the Consolidated 
Appropriations Act, 2005 (Public Law 108-447), the item relating to 
``Atomic Energy Defense Activities, National Nuclear Security 
Adminstration, Weapons Activities'' is amended by inserting after 
``various locations'' the following: ``: Provided further, That 
$3,000,000 shall be used to continue funding of project #DE-FC04-
02AL68107, the Technology Ventures Corporation: Provided further, That 
notwithstanding the provisions of section 302 of Public Law 102-377 and 
section 4705 of Public Law 107-314, as amended, the Department may 
transfer up to $10,000,000 from the Weapons Activities appropriation 
for purposes of carrying out section 3147 of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 2005, Public Law 
108-375''.

                  defense site acceleration completion

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

                     defense environmental services

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

                 chernobyl research and service project

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

             department of energy small business contracts

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

                             yucca mountain

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

                     power marketing administration

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

                    department of homeland security

                            revolving funds

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

                        reprogramming provisions

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

             bureau of land management technical correction

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

                        forest service transfer

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

              west yellowstone visitor information center

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

                       pesticides tolerance fees

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

                     gulf islands national seashore

    Sec. 6033. (a) The Secretary of the Interior shall allow the State 
of Mississippi, its lessees, contractors, and permittees, to conduct, 
under reasonable regulation not inconsistent with timely and generally 
full extraction of the oil and gas minerals:
            (1) exploration, development and production operations on 
        sites outside the boundaries of Gulf Islands National Seashore 
        that use directional drilling techniques which result in the 
        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; or
            (2) seismic and exploration activities inside the 
        boundaries of Gulf Islands National Seashore related to 
        extraction of the oil and gas located within the boundaries of 
        the Gulf Islands National Seashore, all of which oil and gas is 
        owned by the State of Mississippi.
    (b) The provisions of subsection (a) shall not take effect until 
the State of Mississippi enters into an agreement with the Secretary 
providing that any actions by the United States in relation to the 
provisions in this section shall not trigger any reverter of any estate 
conveyed by the State of Mississippi to the United States within the 
Gulf Islands National Seashore in Chapter 482 of the General Laws of 
the State of Mississippi, 1971, and the quitclaim deed of June 15, 
1972.

               surface mining control and reclamation act

    Sec. 6034. Section 402(b) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking 
``June 30, 2005,'' and inserting ``September 30, 2005,''.

                      repeal of transfer authority

    Sec. 6035. Section 101 and section 208 of Division F of Public Law 
108-447 are hereby repealed.

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

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

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

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

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

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

    corporation for national and community service for grant reviews

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

                        copyright royalty judges

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

           technical correction--department of transportation

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

                             the judiciary

    Sec. 6042. Section 308 of division B of Public Law 108-447 is 
amended by striking ``shall be deposited'' and all that follows through 
``expenses'' and inserting in lieu thereof ``shall be deposited as 
offsetting receipts to the fund established under 28 U.S.C. section 
1931 and shall remain available to the Judiciary until expended to 
reimburse any appropriation for the amount paid out of such 
appropriation for expenses of the Courts of Appeals, District Courts, 
and Other Judicial Services and the Administrative Office of the United 
States Courts''.
    Sec. 6043. Section 325 of S. 256, the Bankruptcy Abuse Prevention 
and Consumer Protection Act of 2005, as passed by the Senate on March 
10, 2005, is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) United States Trustee System Fund.--Section 589a(b) of title 
28, United States Code, is amended--
            ``(1) by striking paragraph (1) and inserting the 
        following:
            ```(1)(A) 29.75 percent of the fees collected under section 
        1930(a)(1)(A) of this title; and
            ```(B) 39.67 percent of the fees collected under section 
        1930(a)(1)(B);';
            ``(2) in paragraph (2), by striking `one-half' and 
        inserting `75 percent'; and
            ``(3) in paragraph (4), by striking `one-half' and 
        inserting `100 percent'.'';
            (2) by striking subsection (c) and inserting the following:
    ``(c) Collection and Deposit of Miscellaneous Bankruptcy Fees.--
Section 406(b) of the Judiciary Appropriations Act, 1990 (28 U.S.C. 
1931 note) is amended by striking `pursuant to 28 U.S.C. section 
1930(b)' and all that follows through `28 U.S.C. section 1931' and 
inserting `under section 1930(b) of title 28, United States Code, 29.75 
percent of the fees collected under section 1930(a)(1)(A) of that 
title, 39.67 percent of the fees collected under section 1930(a)(1)(B) 
of that title, and 25 percent of the fees collected under section 
1930(a)(3) of that title shall be deposited as offsetting receipts to 
the fund established under section 1931 of that title'.''; and
            (3) by striking subsections (d) and (e) in their entirety.

         technical corrections--general services administration

    Sec. 6044. Under the heading ``Federal Buildings Fund'' in title IV 
of division H of Public Law 108-447, strike ``$60,000,000'' and insert 
in lieu thereof ``$60,600,000'' in reference to the Las Cruces United 
States Courthouse.
    Sec. 6045. Section 408 in title IV of division H of Public Law 108-
477 is amended by striking ``Section 572(a)(2)(ii)'' and inserting in 
lieu thereof ``Section 572(a)(2)(A)(ii)''.

   technical correction--department of housing and urban development

    Sec. 6046. (a) The referenced statement of the managers under the 
heading ``Community Development Fund'' in title II of division I of 
Public Law 108-447 is deemed to be amended with respect to item 230 by 
striking ``City'' and inserting ``Port''.
    (b) The referenced statement of the managers under the heading 
``Community Development Fund'' in title II of division I of Public Law 
108-447 is deemed to be amended with respect to item 233 by inserting 
``Port of'' before the words ``Brookings Harbor''.
    (c) The referenced statement of the managers under the heading 
``Community Development Fund'' in title II of division I of Public Law 
108-447 is deemed to be amended with respect to item number 30 by 
inserting ``to be used for planning, design, and construction'' after 
``California,''.
    (d) The referenced statement of managers under the heading 
``Community Development Fund'' in title II of division G of Public Law 
108-199 is deemed to be amended with respect to item number 122 by 
inserting ``to be used for planning, design, and construction'' after 
``California,''.
    This Act may be cited as the ``Emergency Supplemental 
Appropriations Act for Defense, the Global War on Terror, and Tsunami 
Relief, 2005''.
            Amend the title so as to read: ``An Act Making Emergency 
        Supplemental Appropriations for Defense, the Global War on 
        Terror, and Tsunami Relief, for the fiscal year ending 
        September 30, 2005, and for other purposes.''.
                                                        Calendar No. 67

109th CONGRESS

  1st Session

                               H. R. 1268

                          [Report No. 109-52]

_______________________________________________________________________

                                 AN ACT

Making emergency supplemental appropriations for the fiscal year ending 
September 30, 2005, to establish and rapidly implement regulations for 
State driver's license and identification document security standards, 
   to prevent terrorists from abusing the asylum laws of the United 
  States, to unify terrorism-related grounds for inadmissibility and 
  removal, to ensure expeditious construction of the San Diego border 
                     fence, and for other purposes.

_______________________________________________________________________

                             March 16, 2005

  Received; read twice and referred to the Committee on Appropriations

                             April 6, 2005

       Reported with an amendment, and an amendment to the title
```