HR 1268 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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled

 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:

[Struck out->] `DIVISION A--EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF, 2005` [<-Struck out]

[Struck out->] `TITLE I--DEFENSE-RELATED APPROPRIATIONS` [<-Struck out]

[Struck out->] `CHAPTER 1` [<-Struck out]

[Struck out->] `DEPARTMENT OF DEFENSE` [<-Struck out]

[Struck out->] `DEPARTMENT OF DEFENSE--MILITARY` [<-Struck out]

[Struck out->] `MILITARY PERSONNEL` [<-Struck out]

[Struck out->] `Military Personnel, Army` [<-Struck out]

   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).

[Struck out->] `Military Personnel, Navy` [<-Struck out]

   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).

[Struck out->] `Military Personnel, Marine Corps` [<-Struck out]

   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).

[Struck out->] `Military Personnel, Air Force` [<-Struck out]

   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).

[Struck out->] `Reserve Personnel, Army` [<-Struck out]

   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).

[Struck out->] `Reserve Personnel, Navy` [<-Struck out]

   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).

[Struck out->] `Reserve Personnel, Marine Corps` [<-Struck out]

   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).

[Struck out->] `Reserve Personnel, Air Force` [<-Struck out]

   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).

[Struck out->] `National Guard Personnel, Army` [<-Struck out]

   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).

[Struck out->] `National Guard Personnel, Air Force` [<-Struck out]

   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).

[Struck out->] `OPERATION AND MAINTENANCE` [<-Struck out]

[Struck out->] `Operation and Maintenance, Army` [<-Struck out]

   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).

[Struck out->] `Operation and Maintenance, Navy` [<-Struck out]

   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).

[Struck out->] `Operation and Maintenance, Marine Corps` [<-Struck out]

   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).

[Struck out->] `Operation and Maintenance, Air Force` [<-Struck out]

   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).

[Struck out->] `Operation and Maintenance, Defense-Wide` [<-Struck out]

   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--

   (1) not to exceed $25,000,000 may be used for the Combatant Commander Initiative Fund, to be used in support of Operation Iraqi Freedom and Operation Enduring Freedom; and

   (2) up to $1,220,000,000, to remain available until expended, may be used for payments to reimburse Pakistan, Jordan, and other key cooperating nations, for logistical, military, and other support provided, or to be provided, to United States military operations, notwithstanding any other provision of law: Provided, That such payments may be made in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State, and in consultation with the Director of the Office of Management and Budget, may determine, in his discretion, based on documentation determined by the Secretary of Defense to adequately account for the support provided, and such determination is final and conclusive upon the accounting officers of the United States, and 15 days following notification to the appropriate congressional committees: Provided further, That the Secretary of Defense shall provide quarterly reports to the 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).

[Struck out->] `Operation and Maintenance, Army Reserve` [<-Struck out]

   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).

[Struck out->] `Operation and Maintenance, Navy Reserve` [<-Struck out]

   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).

[Struck out->] `Operation and Maintenance, Marine Corps Reserve` [<-Struck out]

   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).

[Struck out->] `Operation and Maintenance, Army National Guard` [<-Struck out]

   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).

[Struck out->] `Overseas Humanitarian, Disaster, and Civic Aid` [<-Struck out]

   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).

[Struck out->] `Afghanistan Security Forces Fund` [<-Struck out]

[Struck out->] `(INCLUDING TRANSFER OF FUNDS)` [<-Struck out]

   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).

[Struck out->] `Iraq Security Forces Fund` [<-Struck out]

[Struck out->] `(INCLUDING TRANSFER OF FUNDS)` [<-Struck out]

   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).

[Struck out->] `PROCUREMENT` [<-Struck out]

[Struck out->] `Aircraft Procurement, Army` [<-Struck out]

   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).

[Struck out->] `Missile Procurement, Army` [<-Struck out]

   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).

[Struck out->] `Procurement of Weapons and Tracked Combat Vehicles, Army` [<-Struck out]

   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).

[Struck out->] `Procurement of Ammunition, Army` [<-Struck out]

   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).

[Struck out->] `Other Procurement, Army` [<-Struck out]

[Struck out->] `(INCLUDING TRANSFER OF FUNDS)` [<-Struck out]

   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).

[Struck out->] `Aircraft Procurement, Navy` [<-Struck out]

   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).

[Struck out->] `Weapons Procurement, Navy` [<-Struck out]

   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).

[Struck out->] `Procurement of Ammunition, Navy and Marine Corps` [<-Struck out]

   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).

[Struck out->] `Other Procurement, Navy` [<-Struck out]

   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).

[Struck out->] `Procurement, Marine Corps` [<-Struck out]

   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).

[Struck out->] `Aircraft Procurement, Air Force` [<-Struck out]

   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).

[Struck out->] `Procurement of Ammunition, Air Force` [<-Struck out]

   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).

[Struck out->] `Other Procurement, Air Force` [<-Struck out]

   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).

[Struck out->] `Procurement, Defense-Wide` [<-Struck out]

   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).

[Struck out->] `RESEARCH, DEVELOPMENT, TEST AND EVALUATION` [<-Struck out]

[Struck out->] `Research, Development, Test and Evaluation, Army` [<-Struck out]

   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).

[Struck out->] `Research, Development, Test, and Evaluation, Navy` [<-Struck out]

   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).

[Struck out->] `Research, Development, Test and Evaluation, Air Force` [<-Struck out]

   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).

[Struck out->] `Research, Development, Test and Evaluation, Defense-Wide` [<-Struck out]

   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).

[Struck out->] `REVOLVING AND MANAGEMENT FUNDS` [<-Struck out]

[Struck out->] `Defense Working Capital Funds` [<-Struck out]

   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).

[Struck out->] `National Defense Sealift Fund` [<-Struck out]

   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).

[Struck out->] `OTHER DEPARTMENT OF DEFENSE PROGRAMS` [<-Struck out]

[Struck out->] `Drug Interdiction and Counter-Drug Activities, Defense` [<-Struck out]

[Struck out->] `(INCLUDING TRANSFER OF FUNDS)` [<-Struck out]

   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).

[Struck out->] `Office of the Inspector General` [<-Struck out]

   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).

[Struck out->] `RELATED AGENCIES` [<-Struck out]

[Struck out->] `Intelligence Community Management Account` [<-Struck out]

   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).

[Struck out->] `GENERAL PROVISIONS--THIS CHAPTER` [<-Struck out]

[Struck out->] `(TRANSFER OF FUNDS)` [<-Struck out]

   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).

   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).

[Struck out->] `(TRANSFER OF FUNDS)` [<-Struck out]

   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).

   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.

   (b) TYPES OF SUPPORT- (1) Except as specified in subsections (b)(2) and (b)(3) of this section, the support that may be provided under the authority in this section shall be limited to the types of support specified in section 1033(c)(1) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85, as amended by Public Law 106-398 and Public Law 108-136) and conditions on the provision of support as contained in section 1033 shall apply for fiscal year 2005.

   (2) The Secretary of Defense may transfer vehicles, aircraft, and detection, interception, monitoring and testing equipment to said Governments for counter-drug activities.

   (3) For the Government of Afghanistan, the Secretary of Defense may also provide individual and crew-served weapons, and ammunition for counter-drug security forces.

   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'.

   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'.

   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'.

   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'.

   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--

(1) a military operation, including a contingency operation; or

(2) an operation in response to a declared emergency.

   (b) To the extent that a waiver under subsection (a) results in payment of additional premium pay of a type that is normally creditable as basic pay for retirement or any other purpose, such additional pay shall not be considered to be basic pay for any purpose, nor shall it be used in computing a lump-sum payment for accumulated and accrued annual leave under section 5551 of title 5, United States Code.

   (c) The Director of the Office of Personnel Management may issue regulations to ensure appropriate consistency among heads of executive agencies in the exercise of authority granted by this section.

   SEC. 1110. Section 1096(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) is amended--

   (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

   (2) in paragraph (1), by striking `500 new personnel billets' and inserting `a total of 500 new personnel positions'.

   SEC. 1111. Section 1051a(e) of title 10, United States Code, is amended by striking `September 30, 2005' and inserting `December 31, 2005'.

   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.

SEC. 1113. (a) INCREASE IN SGLI MAXIMUM- Section 1967 of title 38, United States Code, is amended--

   (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';

  (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

(3) in subsection (d), by striking `of $250,000' and inserting `in effect under subsection (a)(3)(A)(i)'.

(b) SPOUSE CONSENT AND BENEFICIARY NOTIFICATION- Section 1967(a)(3)(B) of such title is amended--

(1) by inserting `(i)' after `(B)'; and

(2) by adding at the end the following new clauses:

`(ii) A member who is married may not, without the written concurrence of the member's spouse--

   `(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

`(II) designate any other person as a beneficiary under this program.

   `(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.'.

   (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)'.

   (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'.

(e) MILITARY DEATH GRATUITY- Section 1478 of title 10, United States Code, is amended--

(1) in subsection (a), by striking `$12,000 (as adjusted under subsection (c))' and inserting `$100,000'; and

(2) by striking subsection (c).

   (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.

   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--

(1) $150,000 shall be paid in the manner specified in subsection (c); and

(2) $88,000 shall be paid in the manner specified in subsection (d).

   (b) QUALIFYING DEATHS- The death of a member of the uniformed services is a qualifying death for purpose of this section if--

   (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;

   (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

   (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.

(c) SGLI BENEFICIARIES- A payment pursuant to subsection (a)(1) by reason of a covered death shall be paid--

   (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

   (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.

   (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.

   (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.

   (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.'.

   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).

   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.

[Struck out->] `CHAPTER 2` [<-Struck out]

[Struck out->] `DEPARTMENT OF DEFENSE` [<-Struck out]

[Struck out->] `Military Construction, Army` [<-Struck out]

   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).

[Struck out->] `Military Construction, Navy and Marine Corps` [<-Struck out]

   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).

[Struck out->] `Military Construction, Air Force` [<-Struck out]

   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).

[Struck out->] `Military Personnel, Army` [<-Struck out]

   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).

[Struck out->] `Operation and Maintenance, Army` [<-Struck out]

   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).

[Struck out->] `Defense Health Program` [<-Struck out]

   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).

[Struck out->] `TITLE II--INTERNATIONAL PROGRAMS AND ASSISTANCE FOR RECONSTRUCTION AND THE WAR ON TERROR` [<-Struck out]

[Struck out->] `CHAPTER 1` [<-Struck out]

[Struck out->] `BILATERAL ECONOMIC ASSISTANCE` [<-Struck out]

[Struck out->] `FUNDS APPROPRIATED TO THE PRESIDENT` [<-Struck out]

[Struck out->] `UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT` [<-Struck out]

[Struck out->] `International Disaster and Famine Assistance` [<-Struck out]

   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).

[Struck out->] `Operating Expenses of the United States Agency for International Development` [<-Struck out]

   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.

[Struck out->] `Operating Expenses of the United States Agency for International Development` [<-Struck out]

[Struck out->] `Office of Inspector General` [<-Struck out]

   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.

[Struck out->] `OTHER BILATERAL ECONOMIC ASSISTANCE` [<-Struck out]

[Struck out->] `Economic Support Fund` [<-Struck out]

   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.

   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).

[Struck out->] `Assistance for the Independent States of the Former Soviet Union` [<-Struck out]

   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.

[Struck out->] `DEPARTMENT OF STATE` [<-Struck out]

[Struck out->] `International Narcotics Control and Law Enforcement` [<-Struck out]

[Struck out->] `(INCLUDING TRANSFER OF FUNDS)` [<-Struck out]

   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).

[Struck out->] `Migration and Refugee Assistance` [<-Struck out]

   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).

[Struck out->] `Nonproliferation, Anti-Terrorism, Demining and Related Programs` [<-Struck out]

   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).

[Struck out->] `MILITARY ASSISTANCE` [<-Struck out]

[Struck out->] `FUNDS APPROPRIATED TO THE PRESIDENT` [<-Struck out]

[Struck out->] `Foreign Military Financing Program` [<-Struck out]

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

[Struck out->] `Peacekeeping Operations` [<-Struck out]

   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).

[Struck out->] `GENERAL PROVISIONS--THIS CHAPTER` [<-Struck out]

SEC. 2101. Section 307(a) of the Foreign Assistance Act of 1961 is amended by striking `Iraq,'.

[Struck out->] `(RESCISSION)` [<-Struck out]

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

SEC. 2103. Section 559 of division D of Public Law 108-447 is amended by adding at the end the following:

   `(e) Subsequent to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and an investigation of the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program in fiscal year 2005 under the heading `Economic Support Fund'. The audit shall address--

`(1) the extent to which such Program complies with the requirements of subsections (b) and (c), and

   `(2) an examination of all programs, projects, and activities carried out under such Program, including both obligations and expenditures.'.

   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.

   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.

   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--

   (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 their 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 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.

[Struck out->] `CHAPTER 2` [<-Struck out]

[Struck out->] `DEPARTMENT OF STATE AND RELATED AGENCY` [<-Struck out]

[Struck out->] `DEPARTMENT OF STATE` [<-Struck out]

[Struck out->] `Administration of Foreign Affairs` [<-Struck out]

[Struck out->] `Diplomatic and Consular Programs` [<-Struck out]

   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).

[Struck out->] `Embassy Security, Construction, and Maintenance` [<-Struck out]

   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).

[Struck out->] `International Organizations` [<-Struck out]

[Struck out->] `Contributions for International Peacekeeping Activities` [<-Struck out]

[Struck out->] `(INCLUDING TRANSFER OF FUNDS)` [<-Struck out]

   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.

[Struck out->] `RELATED AGENCY` [<-Struck out]

[Struck out->] `Broadcasting Board of Governors` [<-Struck out]

[Struck out->] `International Broadcasting Operations` [<-Struck out]

   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).

[Struck out->] `CHAPTER 3` [<-Struck out]

[Struck out->] `DEPARTMENT OF AGRICULTURE` [<-Struck out]

[Struck out->] `Foreign Agricultural Service` [<-Struck out]

[Struck out->] `Public Law 480 Title II Grants` [<-Struck out]

   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).

[Struck out->] `TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON TERROR` [<-Struck out]

[Struck out->] `CHAPTER 1` [<-Struck out]

[Struck out->] `DEPARTMENT OF ENERGY` [<-Struck out]

[Struck out->] `NATIONAL NUCLEAR SECURITY ADMINISTRATION` [<-Struck out]

[Struck out->] `Defense Nuclear Nonproliferation` [<-Struck out]

   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).

[Struck out->] `CHAPTER 2` [<-Struck out]

[Struck out->] `DEPARTMENT OF HOMELAND SECURITY` [<-Struck out]

[Struck out->] `UNITED STATES COAST GUARD` [<-Struck out]

[Struck out->] `Operating Expenses` [<-Struck out]

   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).

[Struck out->] `Acquisition, Construction, and Improvements` [<-Struck out]

   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).

[Struck out->] `CHAPTER 3` [<-Struck out]

[Struck out->] `DEPARTMENT OF JUSTICE` [<-Struck out]

[Struck out->] `Federal Bureau of Investigation` [<-Struck out]

[Struck out->] `Salaries and Expenses` [<-Struck out]

   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).

[Struck out->] `Drug Enforcement Administration` [<-Struck out]

[Struck out->] `Salaries and Expenses` [<-Struck out]

   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).

[Struck out->] `TITLE IV--INDIAN OCEAN TSUNAMI RELIEF` [<-Struck out]

[Struck out->] `CHAPTER 1` [<-Struck out]

[Struck out->] `FUNDS APPROPRIATED TO THE PRESIDENT` [<-Struck out]

[Struck out->] `OTHER BILATERAL ASSISTANCE` [<-Struck out]

[Struck out->] `Tsunami Recovery and Reconstruction Fund` [<-Struck out]

[Struck out->] `(INCLUDING TRANSFERS OF FUNDS)` [<-Struck out]

   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.

[Struck out->] `GENERAL PROVISION` [<-Struck out]

   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.

   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.

[Struck out->] `CHAPTER 2` [<-Struck out]

[Struck out->] `DEPARTMENT OF DEFENSE--MILITARY` [<-Struck out]

[Struck out->] `OPERATION AND MAINTENANCE` [<-Struck out]

[Struck out->] `Operation and Maintenance, Navy` [<-Struck out]

   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).

[Struck out->] `Operation and Maintenance, Marine Corps` [<-Struck out]

   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).

[Struck out->] `Operation and Maintenance, Air Force` [<-Struck out]

   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).

[Struck out->] `Operation and Maintenance, Defense-Wide` [<-Struck out]

   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).

[Struck out->] `Overseas Humanitarian, Disaster, and Civic Aid` [<-Struck out]

   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).

[Struck out->] `CHAPTER 3` [<-Struck out]

[Struck out->] `DEPARTMENT OF DEFENSE` [<-Struck out]

[Struck out->] `Defense Health Program` [<-Struck out]

   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).

[Struck out->] `CHAPTER 4` [<-Struck out]

[Struck out->] `DEPARTMENT OF HOMELAND SECURITY` [<-Struck out]

[Struck out->] `UNITED STATES COAST GUARD` [<-Struck out]

[Struck out->] `Operating Expenses` [<-Struck out]

   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).

[Struck out->] `CHAPTER 5` [<-Struck out]

[Struck out->] `DEPARTMENT OF THE INTERIOR` [<-Struck out]

[Struck out->] `UNITED STATES GEOLOGICAL SURVEY` [<-Struck out]

[Struck out->] `Surveys, Investigations, and Research` [<-Struck out]

   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).

[Struck out->] `CHAPTER 6` [<-Struck out]

[Struck out->] `DEPARTMENT OF COMMERCE` [<-Struck out]

[Struck out->] `National Oceanic and Atmospheric Administration` [<-Struck out]

[Struck out->] `Operations, Research, and Facilities` [<-Struck out]

   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).

[Struck out->] `Procurement, Acquisition and Construction` [<-Struck out]

   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).

[Struck out->] `TITLE V--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS` [<-Struck out]

   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.

[Struck out->] `(INCLUDING TRANSFERS OF FUNDS)` [<-Struck out]

   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:

To:

Under the heading, `Research, Development, Test and Evaluation, Air Force, 2005/2006', $500,000;

From:

Under the heading, `Other Procurement, Air Force', $500,000.

To:

Under the heading, `Other Procurement, Air Force, 2005/2007', $8,200,000;

From:

Under the heading, `Other Procurement, Navy, 2005/2007', $8,200,000.

   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)).

   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'.

   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.'.

   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)'.

   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--

(1) inserting `to be derived from the Nuclear Waste Fund and' after `$346,000,000,'; and

   (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'.

   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'.

   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'--

   (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'.

   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'--

   (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'.

   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'.

   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'.

   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'.

   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'.

   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'.

   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'.

   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'.

   (b) Section 621 of title VI of division B of Public Law 108-199, as amended by Public Law 108-447, is amended by striking `, for the continued modernization of the Mason Building'.

   SEC. 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.

   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--

   (1) with respect to item number 39 by striking `Conference and Workforce Center in Harrison, Arkansas' and inserting `in Harrison, Arkansas for facilities construction of the North Arkansas College Health Sciences Education Center'; and

   (2) with respect to item number 316 by striking `for renovation of a visitor center to accommodate a Space and Flight Center' and inserting `to build-out the Prince George's County Economic Development and Business Assistance Center'.

   SEC. 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--

   (1) with respect to item number 56 by striking `Conference and Training Center' and inserting `North Arkansas College Health Sciences Education Center';

   (2) with respect to item number 102 by striking `to the Town of Groveland, California for purchase of a youth center' and inserting `to the County of Tuolomne for the purchase of a new youth center in the mountain community of Groveland';

(3) with respect to item number 218 by striking `for construction' and inserting `for design and engineering';

   (4) with respect to item number 472 by striking `for sidewalk, curbs and facade improvements in the Morton Avenue neighborhood' and inserting `for streetscape renovation'; and

   (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'.

   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--

(1) with respect to item number 706 by striking ` a public swimming pool' and inserting `recreation fields';

   (2) with respect to item number 667 by striking `to the Town of Appomattox, Virginia for facilities construction of an African-American cultural and heritage museum at the Carver-Price building' and inserting `to the County of Appomattox, Virginia for renovation of the Carver-Price building';

   (3) with respect to item number 668 by striking `for the Town of South Boston, Virginia for renovations and creation of a community arts center at the Prizery' and inserting `for The Prizery in South Boston, Virginia for renovations and creation of a community arts center';

   (4) with respect to item number 669 by striking `for the City of Moneta, Virginia for facilities construction and renovations of an art, education, and community outreach center' and inserting `for the Moneta Arts, Education, and Community Outreach Center in Moneta, Virginia for facilities construction and renovations';

(5) with respect to item number 910 by striking `repairs to' and inserting `renovation and construction of'; and

(6) with respect to item number 902 by striking `City of Brooklyn' and inserting `Fifth Ave Committee in Brooklyn'.

   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.'.

   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'.

   SEC. 5024. 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 the word `$15,000,000' and inserting `$42,000,000, to remain available until expended,' in its place; and

(B) by amending paragraph (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'.'.

[Struck out->] `TITLE VI--` [<-Struck out]

[Struck out->] `HUMANITARIAN ASSISTANCE CODE OF CONDUCT` [<-Struck out]

[Struck out->] `SEC. 6001. SHORT TITLE.` [<-Struck out]

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

[Struck out->] `SEC. 6002. CODE OF CONDUCT FOR THE PROTECTION OF BENEFICIARIES OF HUMANITARIAN ASSISTANCE.` [<-Struck out]

   (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.

   (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:

   (1) `Sexual exploitation and abuse by humanitarian workers constitute acts of gross misconduct and are therefore grounds for termination of employment.'.

   (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.'.

   (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.'.

   (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.'.

   (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.'.

   (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.'.

[Struck out->] `SEC. 6003. REPORT.` [<-Struck out]

   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.

[Struck out->] `SEC. 6004. EFFECTIVE DATE; APPLICABILITY.` [<-Struck out]

This title--

(1) takes effect 60 days after the date of the enactment of this Act; and

(2) applies to funds obligated after the effective date referred to in paragraph (1)--

(A) for fiscal year 2005; and

(B) any subsequent fiscal year.

[Struck out->] `TITLE VII--ADDITIONAL GENERAL PROVISIONS` [<-Struck out]

   SEC. 7001. None of the funds made available in this Act may be used for embassy security, construction, and maintenance.

   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)).

   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):

(1) Section 2340A of title 18, United States Code.

   (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.

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

[Struck out->] `DIVISION B--REAL ID ACT OF 2005` [<-Struck out]

[Struck out->] `SECTION 1. SHORT TITLE.` [<-Struck out]

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

[Struck out->] `TITLE I--AMENDMENTS TO FEDERAL LAWS TO PROTECT AGAINST TERRORIST ENTRY` [<-Struck out]

[Struck out->] `SEC. 101. PREVENTING TERRORISTS FROM OBTAINING RELIEF FROM REMOVAL.` [<-Struck out]

   (a) Conditions for Granting Asylum- Section 208(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)) is amended--

(1) by striking `The Attorney General' the first place such term appears and inserting the following:

`(A) ELIGIBILITY- The Secretary of Homeland Security or the Attorney General';

   (2) by striking `the Attorney General' the second and third places such term appears and inserting `the Secretary of Homeland Security or the Attorney General'; and

(3) by adding at the end the following:

`(B) BURDEN OF PROOF-

   `(i) IN GENERAL- The burden of proof is on the applicant to establish that the applicant is a refugee, within the meaning of section 101(a)(42)(A). To establish that the applicant is a refugee within the meaning of such section, the applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be a central reason for persecuting the applicant.

   `(ii) SUSTAINING BURDEN- The testimony of the applicant may be sufficient to sustain the applicant's burden without corroboration, but only if the applicant satisfies the trier of fact that the applicant's testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant is a refugee. In determining whether the applicant has met the applicant's burden, the trier of fact may weigh the credible testimony along with other evidence of record. Where the trier of fact determines, 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.

   `(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.'.

   (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:

   `(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).'.

   (c) Other Requests for Relief From Removal- Section 240(c) of the Immigration and Nationality Act (8 U.S.C. 1230(c)) is amended--

(1) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; and

(2) by inserting after paragraph (3) the following:

`(4) APPLICATIONS FOR RELIEF FROM REMOVAL-

   `(A) IN GENERAL- An alien applying for relief or protection from removal has the burden of proof to establish that the alien--

`(i) satisfies the applicable eligibility requirements; and

   `(ii) with respect to any form of relief that is granted in the exercise of discretion, that the alien merits a favorable exercise of discretion.

   `(B) SUSTAINING BURDEN- The applicant must comply with the applicable requirements to submit information or documentation in support of the applicant's application for relief or protection as provided by law or by regulation or in the instructions for the application form. In evaluating the testimony of the applicant or other witness in support of the application, the immigration judge will determine whether or not the testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant has satisfied the applicant's burden of proof. In determining whether the applicant has met such burden, the immigration judge shall weigh the credible testimony along with other evidence of record. Where the immigration judge determines 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.

   `(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.'.

   (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.'.

   (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--

(1) by inserting `or the Secretary of Homeland Security' after `Attorney General' each place such term appears; and

   (2) in the matter preceding clause (i), by inserting `and regardless of whether the judgment, decision, or action is made in removal proceedings,' after `other provision of law,'.

Military

March 16, 2005

April 6, 2005

[Strike out all after the enacting clause and insert the part printed in italic]

[Struck out->] DIVISION A--EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF, 2005 [<-Struck out]

[Struck out->] TITLE I--DEFENSE-RELATED APPROPRIATIONS [<-Struck out]

[Struck out->] CHAPTER 1 [<-Struck out]

[Struck out->] DEPARTMENT OF DEFENSE [<-Struck out]

[Struck out->] DEPARTMENT OF DEFENSE--MILITARY [<-Struck out]

[Struck out->] MILITARY PERSONNEL [<-Struck out]

[Struck out->] Military Personnel, Army [<-Struck out]

[Struck out->] Military Personnel, Navy [<-Struck out]

[Struck out->] Military Personnel, Marine Corps [<-Struck out]

[Struck out->] Military Personnel, Air Force [<-Struck out]

[Struck out->] Reserve Personnel, Army [<-Struck out]

[Struck out->] Reserve Personnel, Navy [<-Struck out]

[Struck out->] Reserve Personnel, Marine Corps [<-Struck out]

[Struck out->] Reserve Personnel, Air Force [<-Struck out]

[Struck out->] National Guard Personnel, Army [<-Struck out]

[Struck out->] National Guard Personnel, Air Force [<-Struck out]

[Struck out->] OPERATION AND MAINTENANCE [<-Struck out]

[Struck out->] Operation and Maintenance, Army [<-Struck out]

[Struck out->] Operation and Maintenance, Navy [<-Struck out]

[Struck out->] Operation and Maintenance, Marine Corps [<-Struck out]

[Struck out->] Operation and Maintenance, Air Force [<-Struck out]

[Struck out->] Operation and Maintenance, Defense-Wide [<-Struck out]

[Struck out->] Operation and Maintenance, Army Reserve [<-Struck out]

[Struck out->] Operation and Maintenance, Navy Reserve [<-Struck out]

[Struck out->] Operation and Maintenance, Marine Corps Reserve [<-Struck out]

[Struck out->] Operation and Maintenance, Army National Guard [<-Struck out]

[Struck out->] Overseas Humanitarian, Disaster, and Civic Aid [<-Struck out]

[Struck out->] Afghanistan Security Forces Fund [<-Struck out]

[Struck out->] (INCLUDING TRANSFER OF FUNDS) [<-Struck out]

[Struck out->] Iraq Security Forces Fund [<-Struck out]

[Struck out->] (INCLUDING TRANSFER OF FUNDS) [<-Struck out]

[Struck out->] PROCUREMENT [<-Struck out]

[Struck out->] Aircraft Procurement, Army [<-Struck out]

[Struck out->] Missile Procurement, Army [<-Struck out]

[Struck out->] Procurement of Weapons and Tracked Combat Vehicles, Army [<-Struck out]

[Struck out->] Procurement of Ammunition, Army [<-Struck out]

[Struck out->] Other Procurement, Army [<-Struck out]

[Struck out->] (INCLUDING TRANSFER OF FUNDS) [<-Struck out]

[Struck out->] Aircraft Procurement, Navy [<-Struck out]

[Struck out->] Weapons Procurement, Navy [<-Struck out]

[Struck out->] Procurement of Ammunition, Navy and Marine Corps [<-Struck out]

[Struck out->] Other Procurement, Navy [<-Struck out]

[Struck out->] Procurement, Marine Corps [<-Struck out]

[Struck out->] Aircraft Procurement, Air Force [<-Struck out]

[Struck out->] Procurement of Ammunition, Air Force [<-Struck out]

[Struck out->] Other Procurement, Air Force [<-Struck out]

[Struck out->] Procurement, Defense-Wide [<-Struck out]

[Struck out->] RESEARCH, DEVELOPMENT, TEST AND EVALUATION [<-Struck out]

[Struck out->] Research, Development, Test and Evaluation, Army [<-Struck out]

[Struck out->] Research, Development, Test, and Evaluation, Navy [<-Struck out]

[Struck out->] Research, Development, Test and Evaluation, Air Force [<-Struck out]

[Struck out->] Research, Development, Test and Evaluation, Defense-Wide [<-Struck out]

[Struck out->] REVOLVING AND MANAGEMENT FUNDS [<-Struck out]

[Struck out->] Defense Working Capital Funds [<-Struck out]

[Struck out->] National Defense Sealift Fund [<-Struck out]

[Struck out->] OTHER DEPARTMENT OF DEFENSE PROGRAMS [<-Struck out]

[Struck out->] Drug Interdiction and Counter-Drug Activities, Defense [<-Struck out]

[Struck out->] (INCLUDING TRANSFER OF FUNDS) [<-Struck out]

[Struck out->] Office of the Inspector General [<-Struck out]

[Struck out->] RELATED AGENCIES [<-Struck out]

[Struck out->] Intelligence Community Management Account [<-Struck out]

[Struck out->] GENERAL PROVISIONS--THIS CHAPTER [<-Struck out]

[Struck out->] (TRANSFER OF FUNDS) [<-Struck out]

[Struck out->] (TRANSFER OF FUNDS) [<-Struck out]

[Struck out->] CHAPTER 2 [<-Struck out]

[Struck out->] DEPARTMENT OF DEFENSE [<-Struck out]

[Struck out->] Military Construction, Army [<-Struck out]

[Struck out->] Military Construction, Navy and Marine Corps [<-Struck out]

[Struck out->] Military Construction, Air Force [<-Struck out]

[Struck out->] Military Personnel, Army [<-Struck out]

[Struck out->] Operation and Maintenance, Army [<-Struck out]

[Struck out->] Defense Health Program [<-Struck out]

[Struck out->] TITLE II--INTERNATIONAL PROGRAMS AND ASSISTANCE FOR RECONSTRUCTION AND THE WAR ON TERROR [<-Struck out]

[Struck out->] CHAPTER 1 [<-Struck out]

[Struck out->] BILATERAL ECONOMIC ASSISTANCE [<-Struck out]

[Struck out->] FUNDS APPROPRIATED TO THE PRESIDENT [<-Struck out]

[Struck out->] `DIVISION A--EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF, 2005` [<-Struck out]

[Struck out->] `TITLE I--DEFENSE-RELATED APPROPRIATIONS` [<-Struck out]

[Struck out->] `CHAPTER 1` [<-Struck out]

[Struck out->] `DEPARTMENT OF DEFENSE` [<-Struck out]

[Struck out->] `DEPARTMENT OF DEFENSE--MILITARY` [<-Struck out]

[Struck out->] `MILITARY PERSONNEL` [<-Struck out]

[Struck out->] `Military Personnel, Army` [<-Struck out]

[Struck out->] `Military Personnel, Navy` [<-Struck out]

[Struck out->] `Military Personnel, Marine Corps` [<-Struck out]

[Struck out->] `Military Personnel, Air Force` [<-Struck out]

[Struck out->] `Reserve Personnel, Army` [<-Struck out]

[Struck out->] `Reserve Personnel, Navy` [<-Struck out]

[Struck out->] `Reserve Personnel, Marine Corps` [<-Struck out]

[Struck out->] `Reserve Personnel, Air Force` [<-Struck out]

[Struck out->] `National Guard Personnel, Army` [<-Struck out]

[Struck out->] `National Guard Personnel, Air Force` [<-Struck out]

[Struck out->] `OPERATION AND MAINTENANCE` [<-Struck out]

[Struck out->] `Operation and Maintenance, Army` [<-Struck out]

[Struck out->] `Operation and Maintenance, Navy` [<-Struck out]

[Struck out->] `Operation and Maintenance, Marine Corps` [<-Struck out]

[Struck out->] `Operation and Maintenance, Air Force` [<-Struck out]

[Struck out->] `Operation and Maintenance, Defense-Wide` [<-Struck out]

[Struck out->] `Operation and Maintenance, Army Reserve` [<-Struck out]

[Struck out->] `Operation and Maintenance, Navy Reserve` [<-Struck out]

[Struck out->] `Operation and Maintenance, Marine Corps Reserve` [<-Struck out]

[Struck out->] `Operation and Maintenance, Army National Guard` [<-Struck out]

[Struck out->] `Overseas Humanitarian, Disaster, and Civic Aid` [<-Struck out]

[Struck out->] `Afghanistan Security Forces Fund` [<-Struck out]

[Struck out->] `(INCLUDING TRANSFER OF FUNDS)` [<-Struck out]

[Struck out->] `Iraq Security Forces Fund` [<-Struck out]

[Struck out->] `(INCLUDING TRANSFER OF FUNDS)` [<-Struck out]

[Struck out->] `PROCUREMENT` [<-Struck out]

[Struck out->] `Aircraft Procurement, Army` [<-Struck out]

[Struck out->] `Missile Procurement, Army` [<-Struck out]

[Struck out->] `Procurement of Weapons and Tracked Combat Vehicles, Army` [<-Struck out]

[Struck out->] `Procurement of Ammunition, Army` [<-Struck out]

[Struck out->] `Other Procurement, Army` [<-Struck out]

[Struck out->] `(INCLUDING TRANSFER OF FUNDS)` [<-Struck out]

[Struck out->] `Aircraft Procurement, Navy` [<-Struck out]

[Struck out->] `Weapons Procurement, Navy` [<-Struck out]

[Struck out->] `Procurement of Ammunition, Navy and Marine Corps` [<-Struck out]

[Struck out->] `Other Procurement, Navy` [<-Struck out]

[Struck out->] `Procurement, Marine Corps` [<-Struck out]

[Struck out->] `Aircraft Procurement, Air Force` [<-Struck out]

[Struck out->] `Procurement of Ammunition, Air Force` [<-Struck out]

[Struck out->] `Other Procurement, Air Force` [<-Struck out]

[Struck out->] `Procurement, Defense-Wide` [<-Struck out]

[Struck out->] `RESEARCH, DEVELOPMENT, TEST AND EVALUATION` [<-Struck out]

[Struck out->] `Research, Development, Test and Evaluation, Army` [<-Struck out]

[Struck out->] `Research, Development, Test, and Evaluation, Navy` [<-Struck out]

[Struck out->] `Research, Development, Test and Evaluation, Air Force` [<-Struck out]

[Struck out->] `Research, Development, Test and Evaluation, Defense-Wide` [<-Struck out]

[Struck out->] `REVOLVING AND MANAGEMENT FUNDS` [<-Struck out]

[Struck out->] `Defense Working Capital Funds` [<-Struck out]

[Struck out->] `National Defense Sealift Fund` [<-Struck out]

[Struck out->] `OTHER DEPARTMENT OF DEFENSE PROGRAMS` [<-Struck out]

[Struck out->] `Drug Interdiction and Counter-Drug Activities, Defense` [<-Struck out]

[Struck out->] `(INCLUDING TRANSFER OF FUNDS)` [<-Struck out]

[Struck out->] `Office of the Inspector General` [<-Struck out]

[Struck out->] `RELATED AGENCIES` [<-Struck out]

[Struck out->] `Intelligence Community Management Account` [<-Struck out]

[Struck out->] `GENERAL PROVISIONS--THIS CHAPTER` [<-Struck out]

[Struck out->] `(TRANSFER OF FUNDS)` [<-Struck out]

[Struck out->] `(TRANSFER OF FUNDS)` [<-Struck out]

[Struck out->] `CHAPTER 2` [<-Struck out]

[Struck out->] `DEPARTMENT OF DEFENSE` [<-Struck out]

[Struck out->] `Military Construction, Army` [<-Struck out]

[Struck out->] `Military Construction, Navy and Marine Corps` [<-Struck out]

[Struck out->] `Military Construction, Air Force` [<-Struck out]

[Struck out->] `Military Personnel, Army` [<-Struck out]

[Struck out->] `Operation and Maintenance, Army` [<-Struck out]

[Struck out->] `Defense Health Program` [<-Struck out]

[Struck out->] `TITLE II--INTERNATIONAL PROGRAMS AND ASSISTANCE FOR RECONSTRUCTION AND THE WAR ON TERROR` [<-Struck out]

[Struck out->] `CHAPTER 1` [<-Struck out]

[Struck out->] `BILATERAL ECONOMIC ASSISTANCE` [<-Struck out]

[Struck out->] `FUNDS APPROPRIATED TO THE PRESIDENT` [<-Struck out]

[Struck out->] `UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT` [<-Struck out]

[Struck out->] `International Disaster and Famine Assistance` [<-Struck out]

[Struck out->] `Operating Expenses of the United States Agency for International Development` [<-Struck out]

[Struck out->] `Operating Expenses of the United States Agency for International Development` [<-Struck out]