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109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     109-16

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



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

                                _______
                                

 March 11, 2005.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Lewis of California, from the Committee on Appropriations, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1268]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making emergency 
supplemental appropriations for the fiscal year ending 
September 30, 2005, and for other purposes.

                              BILL SUMMARY

    The bill recommended by the Committee includes 
$81,266,878,000 in emergency supplemental appropriations for 
fiscal year 2005, as detailed below. The recommendation is 
$614,423,000 below the President's supplemental request.

                TITLE I--DEFENSE-RELATED APPROPRIATIONS


                               CHAPTER 1


                         DEPARTMENT OF DEFENSE


                    Department of Defense--Military


                                OVERVIEW

    On February 14, 2005, the President submitted a request for 
fiscal year 2005 supplemental appropriations of $73,796,753,000 
for the Department of Defense and intelligence community 
activities under the jurisdiction of the Subcommittee on 
Defense. Funds are requested for Operation Iraqi Freedom; 
Operation Enduring Freedom, in Afghanistan; Army and Marine 
Corps restructuring; recapitalization and replacement of 
equipment; and replenishment of cash balances in certain 
working capital funds.
    Amounts included in the supplemental request in the 
military personnel accounts for Basic Allowance for Housing 
(BAH), and in the operation and maintenance accounts for 
Facilities Sustainment, Restoration, and Modernization (FSRM), 
are addressed in chapter 2 of this title. Funds requested to 
replenish supplies and operating accounts for resources 
diverted from mission accounts for humanitarian relief efforts 
associated with the December 2004 Indian Ocean Tsunami 
($222,050,000) are addressed in title IV.
    The Committee recommendation includes an increase of 
$2,019,001,000 to address shortfalls in the request. In making 
this recommendation, the Committee is adhering to three 
guidelines:
          1. Increases above the budget request are for 
        equipment, supplies or operating expenses in support of 
        deployed, soon-to-be-deployed, or returning troops;
          2. Increases above the budget request are intended 
        for equipment, supplies or operating expenses for which 
        funds can be obligated in the remainder of fiscal year 
        2005; and
          3. Increases above the budget request are targeted at 
        programs that assist in force protection, or in 
        increasing the survivability of troops in the field.
    Major funding increases are provided for the Army and the 
Marine Corps, the two organizations that have borne the brunt 
of major combat in the past year, particularly in Iraq. The 
Committee is convinced that a modest investment in replacing 
and improving equipment for our ground forces will save lives 
in the future.
    Where justified, the Committee recommendation includes 
expanded authorities for the Department of Defense for a number 
of activities. However, while sensitive to the need for 
flexibility, the Committee has not provided authorities which 
either have not been properly justified, can be accomplished 
using existing authorities, or for which no defined need has 
been identified.
    The Committee has continued a commitment to accountability 
for the use of funds by providing for the application of a 
number of existing reporting and notification requirements to 
the obligation and expenditure of supplemental funds. In 
addition, the Committee is very concerned the Secretary of 
Defense has not submitted the first biannual report required 
under section 9010 of the Department of Defense Appropriations 
Act, 2005. This section requires a report on the military 
operations of the Armed Forces and the reconstruction 
activities of the Department of Defense in Iraq and 
Afghanistan. The Committee directs that said report be 
submitted as soon as possible, and that the second report be 
submitted as specified in law no later than April 30, 2005.

                       Committee Recommendations

    In title I, chapter 1, the Committee recommends total 
appropriations of $73,815,754,000 (including $85,000,000 in 
transfers), which is an increase of $2,019,001,000 over the 
supplemental budget request. Funding by category is as follows:

Military Personnel...................................... $15,524,994,000
Operation and Maintenance...............................  37,502,036,000
Procurement.............................................  18,317,255,000
Research, Development, Test and Evaluation..............     508,321,000
Revolving and Management Funds..........................   1,443,700,000
Other Department of Defense Programs....................     257,148,000
Related Agencies........................................     250,300,000
General Provisions......................................      12,000,000

    To provide a measure of flexibility to the Department of 
Defense (DoD), the Committee recommends providing 
appropriations in two new funds, the Afghanistan Security 
Forces Fund, and the Iraqi Security Forces Fund.
    The Committee bill provides additional transfer authority 
for funds in this chapter, permitting up to $2,000,000,000 to 
be reprogrammed among activities following approval by the 
congressional defense committees through regular order prior-
approval notification and reprogramming procedures.
    In addition, the Committee bill provides transfer authority 
for funds provided in the Department of Defense Appropriations 
Act, 2005 (Public Law 108-287). The cumulative total amount 
that may be transferred is increased from $3,500,000,000 to 
$5,500,000,000. The Committee provides this additional transfer 
authority in order to ensure the Department of Defense has the 
ability to respond in a timely manner to urgent requirements in 
support of deployed forces, such as force protection, and to 
support homeland defense activities under Operation Noble 
Eagle.

                            CLASSIFIED ANNEX

    The Committee's recommendations for intelligence activities 
are published in a separate and detailed classified annex. The 
intelligence community, Department of Defense, and other 
organizations are expected to fully comply with the 
recommendations and directions in the classified annex 
accompanying this bill. The Committee recommendation also 
includes language in the classified annex regarding reporting 
requirements for certain classified activities of the 
Department of Defense.
    The following table summarizes, by appropriations account 
or general provision, the Committee's recommendations compared 
to the President's request.


                         REPORTING REQUIREMENTS

    The Committee directs the Secretary of Defense to provide a 
report to the congressional defense committees within 30 days 
of enactment of this legislation on the allocation of the funds 
within the accounts listed in this chapter. The Secretary shall 
submit updated reports 30 days after the end of each fiscal 
quarter until funds listed in this chapter are no longer 
available for obligation. The Committee directs that these 
reports shall include: a detailed accounting of obligations and 
expenditures of appropriations provided in this chapter for the 
continuation of the war in Iraq and Afghanistan; and a listing 
of equipment procured using funds provided in this chapter. 
Additionally, for the Afghanistan Security Forces Fund, and the 
Iraq Security Forces Fund, the Secretary of Defense is required 
to notify the congressional defense committees five days prior 
to making transfers from the accounts, and to submit a report 
not later than 30 days after the end of each fiscal quarter 
detailing the transfer of funds into and out of these accounts 
so long as either fund remains operational.
    Finally, the Committee expects that in order to meet 
unanticipated requirements, the Department may need to transfer 
funds within these appropriations accounts for purposes other 
than those specified in this report. The Committee directs the 
Department of Defense to follow normal prior-approval 
reprogramming procedures should it be necessary to transfer 
funding between different appropriations accounts in this 
chapter.

                               Modularity

    The Department of Defense requested approximately $4.6 
billion to purchase equipment for new combat brigades being 
created under the Army's force restructuring plan known as 
``modularity''. The Department also seeks just over $1.5 
billion to cover the cost of military overstrength including 
pay and benefits of additional Army troops to man these new 
brigades. The Committee recommends the full amount requested 
for these activities.
    Though concerns are being raised about the advisability of 
funding this Army restructuring program through emergency 
supplemental appropriations, the Committee is compelled to 
fully fund the Army request at this time by an urgency to 
address the significant challenges the Army now faces. An 
important catalyst for the Army modularity plan is the need to 
mitigate stress on the current active duty combat force by 
creating at least 10 additional combat brigades. At the same 
time these new forces are being added, all Army combat brigades 
will be redesigned to enhance their ability to deploy more 
rapidly and operate more independently on the battlefield. 
These are laudable goals, and the imperative for achieving them 
is undeniable.
    The funding provided in this bill for equipment purchases 
under the modularity program will be used by units that will 
deploy to either Iraq or Afghanistan in the next two troop 
rotations scheduled for later this year and in 2006. By 
providing the funding now, the troops will receive much of this 
equipment prior to deployment. The continuing intensity of 
conflict, especially in Iraq, warrants outfitting these new 
units with the best equipment as quickly as possible.
    The Committee directs the Secretary of Defense to submit to 
the congressional defense committees a report, not later than 
July 1, 2005, detailing the Department's long-range plan for 
executing and funding Army modularity. The report should 
identify personnel and equipment requirements, unit 
restructuring timelines, and associated costs. In addition, the 
Committee is concerned that the budgeting methods employed to 
support modularity may result in inefficient program management 
and contracting. Accordingly, the Committee directs that this 
report also include DoD plans to review multi-year procurement 
authority or any other measures to ensure that DoD can contract 
for required equipment as efficiently as possible.

                          RESETTING THE FORCE

    The Department of Defense requested $6.6 billion for 
repairing and replacing equipment used in Iraq and Afghanistan 
under the program known as Army ``reset''. The Army reset 
program encompasses efforts to maintain and restore equipment 
at bases overseas and depots in the United States (funded in 
the operation and maintenance accounts), as well as to replace 
equipment lost in combat through new purchases (funded in the 
weapons procurement accounts). The Committee recommends 
approving the full request, an amount the Committee believes to 
be the maximum amount of funding that can be reasonably 
obligated over the period covered by this supplemental.
    The Committee is concerned, however, that the Army has 
failed to adequately articulate its reset requirements. Reports 
indicate that the Army's repair and equipment replacement costs 
associated with Operations Enduring Freedom and Iraqi Freedom 
will amount to billions of dollars in the foreseeable future. 
So that the Army's future reset needs may be addressed, the 
Committee strongly encourages the military service to develop a 
comprehensive funding and execution plan. The Committee intends 
to work with the Army to develop this plan.
    As the Army redeploys equipment to the United States for 
major repair and depot maintenance, the Committee also believes 
the Army should take this opportunity to upgrade battle-worn 
equipment with the latest technology available. Working in 
partnership with industry, major repairs and upgrades can be 
accomplished in an effective, efficient manner to benefit of 
our forces.
    The Department also requested $3.6 billion to cover the 
equipment repair and weapons replacement costs of the Marine 
Corps, Navy, Air Force, and Special Operations forces. The 
Committee recommends $3.9 billion for these programs, an 
increase of approximately $300,000,000.

                           Military Personnel

    The Committee recommends a total of $15,524,994,000 for the 
incremental costs of pay and allowances of the active duty and 
Reserve personnel deployed overseas, retained on active duty to 
support military operations in Iraq or Afghanistan, or 
participating in or supporting the global war on terrorism. 
These include Imminent Danger Pay, Family Separation Allowance, 
Hardship Duty-location Pay, Subsistence, and additional costs 
related to the stop loss program that was implemented to retain 
military personnel in critical skill specialties. Also included 
in the request was funding provided for restoration of prior 
approval reprogrammings to the baseline military personnel 
funds, and enhanced death benefits. The Committee believes the 
Services will require these additional resources to cover their 
personnel and mobilization costs through the end of fiscal year 
2005.
    The following table provides details of the recommendations 
for the military personnel accounts:


                       Operation and Maintenance

    The Committee recommends $37,502,036,000 for operation and 
maintenance accounts. Funds are provided for personnel support 
requirements including travel, subsistence, individual and 
organizational and equipment, reserve component activation 
costs, and incremental civilian personnel costs. Increases for 
operating support costs include funds for military operations 
including spare parts and consumable supplies, transportation, 
pre-deployment training and training in theater, forward base 
operating costs, communications, vehicle maintenance, and 
contracts for linguists, logistics and infrastructure support.
    The following table provides details of the recommendations 
for the operation and maintenance accounts:


        MOBILIZATION AND DEMOBILIZATION BASE SUPPORT OPERATIONS

    Military installations experience an incremental workload 
due to an increased military population and an increased 
density of equipment as units are mobilized and prepared for 
deployment to theater. Installation costs include local 
transportation, lodging, dining facilities, utilities and other 
base installation support costs. Upon demobilization, units 
pass through a U.S. installation and these installations must 
cover similar incremental base operations support costs. The 
Committee recommends $152,000,000 in Operation and Maintenance, 
Army for incremental mobilization and demobilization base 
support operations costs.

                   MEDICAL SUPPORT FOR TACTICAL UNITS

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

     TRANSPORTATION WORKING CAPITAL FUND TRANSFER TO OPERATION AND 
                         MAINTENANCE, AIR FORCE

    Section 8123 of Public Law 108-287, the fiscal year 2005 
Defense Appropriations Act, reduced funding in the Operation 
and Maintenance, Air Force account and directed that the same 
amount be transferred to Operation and Maintenance, Air Force 
from Transportation Working Capital Fund cash that was 
anticipated to accumulate in excess of requirements. Due to 
rate changes and changing business conditions, cash growth has 
been less than expected in the Transportation Working Capital 
Fund. To offset the shortfall in cash transferred from the 
Transportation Working Capital Fund, the Committee recommends 
an increase of $167,940,000 for Operation and Maintenance, Air 
Force.

             OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID

    The Committee recommends $10,000,000 for Overseas 
Humanitarian, Disaster and Civic Aid, the amount requested by 
the President, to restore funding for Combatant Commanders' 
humanitarian assistance programs in Iraq, Afghanistan, and 
other areas.

                    AFGHANISTAN SECURITY FORCES FUND

    The Committee recommends $1,285,000,000 to accelerate 
efforts to provide assistance to Afghan Security Forces to be 
appropriated in the ``Afghanistan Security Forces Fund.'' This 
fund shall be available to provide assistance to the security 
forces of Afghanistan, including the provision of equipment, 
supplies, services, training, facility and infrastructure 
repair, renovation, and construction, and funding that will 
allow Afghanistan to increasingly assume responsibility for its 
security. The Committee directs that funds in the ``Afghanistan 
Security Forces Fund'' may not be transferred for obligation 
unless the Secretary of Defense notifies the congressional 
defense committees in writing the details of transfers not 
fewer than five days prior to making transfers from the 
appropriation. The Secretary is also directed to submit a 
report no later than 30 days after the end of each fiscal 
quarter summarizing the details of the transfer of funds.

                       IRAQ SECURITY FORCES FUND

    The Committee recommends $5,700,000,000 to accelerate 
efforts to provide assistance to Iraqi Security Forces to be 
appropriated in the ``Iraq Security Forces Fund.'' This fund 
shall be available to provide assistance to the security forces 
of Iraq, including the provision of equipment, supplies, 
services, training, facility and infrastructure repair, 
renovation and construction, and funding. The Committee directs 
that funds in the ``Iraq Security Forces Fund'' may not be 
transferred for obligation unless the Secretary of Defense 
notifies the congressional defense committees in writing the 
details of transfers not fewer than five days prior to making 
transfers from the appropriation. The Secretary is also 
directed to submit a report no later than 30 days after the end 
of each fiscal quarter summarizing the details of the transfer 
of funds. Additionally, the Committee has included language 
supporting the President's request for authority and funding to 
enhance existing training facilities in Jordan using funds 
provided within the ``Iraq Security Forces Fund.''

                              Procurement

    The Committee recommends a total of $18,232,255,000 for 
various procurement appropriations. This recommendation 
provides for the replacement of equipment lost in operations; 
for equipment needed to maintain and improve the protection of 
deployed forces; and for equipment needed to outfit units that 
will support upcoming rotations. In several instances, 
described elsewhere in this report, the Committee's 
recommendation provides for accelerating the pace of 
acquisitions beyond that included in the Supplemental request. 
This acceleration will enable the services to better meet the 
needs described above as well as to address the stresses placed 
on equipment due to the severity of environmental conditions 
and the pace of operations. In some cases, the Committee 
recommends funding for programs not otherwise included in the 
Supplemental request to better meet these requirements.
    The following table identifies changes made to the request 
and other funding provided. Within each appropriation, funding 
provided for procurement for items not specifically addressed 
in the tables, including equipment, ammunition or vehicles, is 
for the purposes stated in the February 2005, Department of 
Defense Fiscal Year 2005 Supplemental Request for Operation 
Iraqi Freedom (OIF), Operation Enduring Freedom (OEF), and 
Operation Unified Assistance.


                          EQUIPMENT SHORTFALLS

    The Committee recognizes that DoD has requirements to equip 
the ground forces of the Army and Marine Corps beyond the 
levels provided in the Supplemental request. For example, DoD 
faces urgent requirements in the areas of force protection, 
force restructuring and recapitalization (as described 
elsewhere in this report), as well as the replacement of combat 
losses. In addition, the Committee is aware that both the Army 
and the Marine Corps completed equipment stress studies late in 
2004. One of the main conclusions of these studies is that much 
of the equipment supporting Operation Iraqi Freedom and 
Operation Enduring Freedom is rapidly aging beyond the point of 
being economically repairable and will have to be replaced. 
Accordingly, the Committee has provided $2,298,890,000 above 
the budget request to meet emergent needs stemming from this 
equipment shortfall. The Committee recommendation provides 
funding both for programs not otherwise included in the 
Supplemental request, and to accelerate programs for which 
funding has been requested. The table below outlines funding 
increases necessary to meet urgent requirements as described 
above. Total program funding for each item listed below is 
described elsewhere in this report.

                        [In thousands of dollars]

        Program                                     Recommended Increase
Missile Procurement, Army:
    ITAS/TOW Mods.......................................         $46,500
Procurement of Weapons and Tracked Combat Vehicles, 
    Army:
    Bradley Reactive Armor Tiles........................          26,000
    Stryker.............................................          69,540
    Abrams Modification program (TIGER engine upgrade)..          90,000
    Small Arms Modifications............................          68,000
Procurement of Ammunition, Army:
    Ammunition Industrial Base..........................          57,800
Other Procurement, Army:
    Up-Armored HMMWVs (M1114)...........................          51,300
    Other HMMWVs (M1151)................................         134,200
    FMTV................................................         401,000
    FHTV................................................         207,100
    Add-On Armor Kits...................................          48,000
    SINCGARS Family.....................................          55,500
    Improved HF Radios (including PRC-150 and PRC-148)..          28,000
    Jammers (Warlock)...................................          60,000
    Night Vision Devices................................          94,000
    Force XXI Battle Command Brigade and Below (FBCB2)..         146,100
    Handheld Stand-off Mine Detection System (HSTAMIDS).          18,300
    CRAM................................................          75,000
                    --------------------------------------------------------
                    ____________________________________________________
      Army Total........................................       1,676,000
                    ========================================================
                    ____________________________________________________
Procurement of Ammunition, Navy and Marine Corps:
    Small Arms Ammunition...............................           8,100
Procurement, Marine Corps:
    Light Armored Vehicle (LAV).........................         277,500
    Night Vision Equipment..............................         183,850
    Radio Systems (including EPLRS, PRC-117 and HF 
      Communications Vehicle)...........................         103,100
    HMMWVs (Including $5,000,000 for survivability 
      upgrades).........................................          50,000
                    --------------------------------------------------------
                    ____________________________________________________
      Marine Corps Total................................         622,550
                    ========================================================
                    ____________________________________________________
      Grand Total.......................................       2,298,890

                                STRYKER

    The Committee recommends a total of $114,040,000, an 
increase of $69,540,000 above the supplemental request for 
additional Strykers. The Committee notes that Stryker has 
played an important role and achieved considerable success in 
support of Operation Iraqi Freedom. While the supplemental 
request replaces some combat losses, the Committee recognizes 
that additional vehicles above those included in the request 
are necessary to replace all known combat losses. Accordingly, 
additional funding is provided to make 19 Strykers available to 
replace combat losses above those identified in the 
supplemental request.

                          SMALL ARMS PROGRAMS

    The Committee recommends a total of $68,000,000 for 
modifications and spare parts for small arms. Overall, the DoD 
supplemental request for Army and Marine Corps small arms 
totals nearly $264,000,000. This amount includes both 
procurement of weapons as well as modifications and spare 
parts. The Committee notes that this is a critical operational 
and force protection issue for U.S. personnel deployed in 
support of Operation Iraqi Freedom and Operation Enduring 
Freedom. The Committee is also aware that DoD has found it 
necessary to reprogram significant amounts in fiscal year 2005 
to meet its requirements. Despite reprogramming funds, and 
requesting additional funds in the Supplemental, the Committee 
is concerned that DoD has not fully funded its requirements. 
Accordingly, the Committee has provided additional funding to 
accelerate small arms modifications and spare parts 
acquisition. Of the additional amount provided, the Committee 
recommends that the Army allocate $52,000,000 for modifications 
and spares for the M4 Carbine, $4,000,000 for the Squad 
Automatic Weapon, $8,500,000 for Medium Machine Guns and 
$3,500,000 for the M16 rifle.

                       AMMUNITION INDUSTRIAL BASE

    The Committee recommends a total of $57,800,000 for 
programs related to the ammunition industrial base. In the 
fiscal year 2005 Department of Defense Appropriations Act 
(Public Law 108-287) the Congress provided additional funding 
to begin improving ammunition production capability necessary 
to meet the demands of supporting the Global War on Terrorism 
(GWOT). These improvements are urgently required to meet both 
operational ammunition demands as well as the need to rebuild 
DoD war reserves. The Committee notes that DoD must increase 
small arms ammunition production from the current capacity of 
1.2 billion rounds per year up to 1.5 billion rounds to meet 
these needs. Accordingly, the Committee has provided funding 
above the supplemental request to continue these efforts. Of 
the funds made available, the Committee directs that 
$17,800,000 be made available to continue improvements in small 
arms ammunition production at the Lake City Army Ammunition 
Plant, and that $40,000,000 be made available to the Radford 
Army Ammunition Plant to continue improvements in acid and 
nitrocellulose production.

                                 TRUCKS

    The Committee recommends $735,432,000 for the Family of 
Medium Tactical Vehicles (FMTV), an increase of $401,000,000 
above the supplemental request, and $516,677,000 for the Family 
of Heavy Tactical Vehicles, an increase of $207,100,000 above 
the budget request. The Committee believes that DoD must 
accelerate the production of trucks within these programs to 
address requirements associated with recapitalization and 
modularity. Also, as noted elsewhere in this report, the stress 
on equipment supporting the GWOT averages 5 times greater than 
for peacetime operations. As a result much of the equipment now 
supporting GWOT operations is aging beyond the point of 
economical repair and will have to be replaced. In addition to 
accelerated production, the Committee is also aware of the need 
to provide for more effective means of installing 
communications and electronic equipment such as radios in all 
types of tactical wheeled vehicles including HMMWVs, FMTVs and 
FHTVs. Accordingly, the Committee recommends that $30,000,000 
of the increase provided for each of these programs be made 
available for the purpose of installing brackets, wiring 
harnesses, electrical connections, and other equipment 
necessary to enable quick installation and release of radios 
and other electronic equipment. The Committee also recommends 
that funds from the increase provided for truck programs be 
used to install oil management systems in vehicles being used 
in Operation Iraqi Freedom to minimize the deterioration of 
vehicle lubricants in desert environments.

                           ADD-ON ARMOR KITS

    The Committee recommends a total of $610,900,000 for add-on 
armor kits, an increase of $48,000,000 above the budget 
request. The Committee understands that the budget request does 
not fully fund add-on armor kits required for HMMWVs, medium 
and heavy trucks, tankers and ambulances. The Committee notes 
that over the past two years DoD has spent in excess of $4 
billion to provide armor protection for all types of tactical 
wheeled vehicles. Further, the Committee is aware that DoD is 
approaching its objective of providing armor protection for all 
vehicles operating outside of unprotected areas. The Committee 
recommends the increase in funding in order to more quickly 
reach this objective. In addition, in order to support 
operational units as they adapt to changing insurgency tactics, 
the Committee directs that $10,000,000 of the funding provided 
for add-on armor shall be used to provide raw armor plate, 
supporting hardware, and cutting equipment as required, to 
combat and combat service support units operating in Iraq and 
Afghanistan.''

                         NIGHT VISION EQUIPMENT

    The Committee recommends a total of $837,129,000 for Army 
and Marine Corps Night Vision Equipment, an increase of 
$277,850,000 above the supplemental request. Of this amount, 
the Committee recommends $131,629,000 in Other Procurement, 
Army, an increase of $94,000,000, and $705,500,000 for 
Procurement, Marine Corps, an increase of $183,850,000. The 
Committee is aware that both the Army and Marine Corps require 
additional night vision equipment to make this capability more 
widely available to soldiers and Marines, and that additional 
equipment is required to equip units now preparing for 
rotations to support Operation Iraqi Freedom and Operation 
Enduring Freedom. Accordingly, the Committee has provided 
additional funding to accelerate the acquisition of this 
equipment. The Committee recommends that additional funding for 
Night Vision Equipment be allocated for the purchase of night 
vision goggles, thermal weapon sights, aiming lights, laser 
designators, sniper night sights, and related equipment.

                      ELECTRONIC JAMMERS (WARLOCK)

    The Committee recommends $60,000,000 for electronic jammers 
including Warlock systems. Of this amount, the Committee 
recommends that $10,000,000 be available to rapidly field the 
Low Cost Jammer. The supplemental request does not provide 
funding for this program. The Committee notes that the Army has 
deployed about 25 percent of the electronic jammers required to 
provide force protection against improvised explosive devices 
in theater. While additional funding is currently available 
within the Department of Defense to improve availability of 
this equipment, the Committee is nevertheless concerned that 
this funding falls short of requirements. The Committee firmly 
believes that DoD must aggressively pursue the fielding of 
current generation jammers in addition to continuing work on 
next-generation equipment to afford the greatest possible 
degree of protection for U.S. personnel.

              COUNTER ROCKET, ARTILLERY, AND MORTAR (CRAM)

    In the Committee's view, the Department of Defense must 
take more aggressive measures to provide for early detection 
and warning in the case of insurgent attacks on forward 
operating bases supporting operations in Iraq. In order to 
provide better capabilities in this regard, the Committee 
recommends an increase of $75,000,000 above the supplemental 
request to provide for improved sensors and warning devices at 
forward operating bases, and also to provide an initial 
logistics and maintenance capability to support these systems. 
In addition, the Committee also encourages the Army to continue 
its efforts to integrate a weapons platform into the CRAM 
system.

                      LIGHT ARMORED VEHICLE (LAV)

    The Committee recommends $620,705,000 for the Marine 
Corps's Light Armored Vehicle, an increase of $277,500,000 
above the Supplemental request. This amount provides 
$173,500,000 for acceleration of the LAV Product Improvement 
Program (PIP). Within the increased PIP funding, the Committee 
recommendation includes $15,700,000 to provide for an emergent 
requirement to install automatic fire suppression equipment in 
LAVs supporting GWOT operations. In addition, the Committee 
recommendation includes $104,000,000 to provide 48 additional 
LAVs to meet requirements associated with the Marine Corps's 
Force Structure Review.

                         F/A-18(D) LITENING POD

    The Committee has provided $40,000,000 for Aircraft 
Procurement, Navy for additional LITENING pods for F/A-18(D) 
aircraft. According to the Navy, these systems have shown 
significant value in ongoing OIF and OEF operations.

                        INFRARED COUNTERMEASURES

    The Committee has provided $183,600,000 for installation of 
infrared countermeasures against shoulder launched missiles on 
C-17, C-130 and C-40 aircraft in theater.

                     C-130J MULTI-YEAR PROCUREMENT

    In recent testimony before the Committee, the Secretary of 
Defense indicated that a proposal to terminate the current C-
130J Joint Service Multiyear Procurement contract for the Air 
Force and Marine Corps is being reexamined as part of the 
ongoing Mobility Capability Study (MCS). The Committee believes 
this is a prudent action, and encourages the Department to 
resolve this matter as soon as possible so that any decision to 
transmit a budget amendment to the congressional defense 
committees may be given due consideration as part of the FY 
2006 authorization and appropriations process.

                       Procurement, Defense-Wide

    The Committee has provided $477,302,000 in Procurement 
Defense-Wide for equipment required for operations by Special 
Operations forces, an increase of $55,000,000 above the budget 
request.

                COMMUNICATIONS EQUIPMENT AND ELECTRONICS

    The Committee recommends $83,427,000 for Communications and 
Electronic Equipment for the Special Operations Command, an 
increase of $39,500,000 above the budget request. The Committee 
is aware that three of the programs included in the budget 
request to enhance Special Operations Force communications 
capabilities require additional funding to meet the needs of 
deploying forces. Accordingly, the Committee recommends a total 
of $25,875,000 for the procurement of Multi-Band, Inter/Intra 
Team radios, $16,500,000 for SOF Deployable Node-Medium 
satellite terminals, and $25,000,000 for Multi-Band/Multi 
Mission radios.

                         SMALL ARMS AND WEAPONS

    The Committee recommends $119,600,000 for Small Arms and 
Weapons for the Special Operations Command, an increase of 
$15,500,000 above the budget request. The Committee is aware of 
shortfalls in protective combat gear, low signature fire 
control devices, and aerial surveillance systems. Accordingly, 
the Committee recommends a total of $13,500,000 for SOF 
Personal Equipment and Advanced Requirements protective combat 
uniforms, $7,000,000 for Improved Night/Day Observation/Fire 
Control Devices, and $5,000,000 for Silver Fox Unmanned Aerial 
Vehicles.

               Research, Development, Test and Evaluation

    The Committee recommends a total of $508,321,000 for 
various research, development, test and evaluation 
appropriations. The following table identifies changes made to 
the request and other funding provided. Within each 
appropriation, funding provided for items not specifically 
addressed in the tables is for the purposes stated in the 
February 2005, Department of Defense Fiscal Year 2005 
Supplemental Request for Operation Iraqi Freedom (OIF), 
Operation Enduring Freedom (OEF), and Operation Unified 
Assistance. The Committee is aware of the need for additional 
force protection applied research associated with the 
development of thin film batteries for military weapons power 
systems, and encourages the Navy to review the requirements for 
such research as it executes funding provided in this Act.


                       QUADRENNIAL DEFENSE REVIEW

    The Committee notes that the Quadrennial Defense Review 
will include an assessment of joint air dominance and believes 
an assessment of joint air to ground capability should also be 
included. Accordingly, the Committee directs that the 
Department include in the Quadrennial Defense Review an 
assessment of joint air to ground capability, the integrated 
joint capabilities that contribute to it, and the appropriate 
contributions by all types of strategic and tactical aircraft, 
bombers, missiles, and unmanned vehicles to joint air to ground 
capability in future warfare.

                     Defense Working Capital Funds

    The Committee recommends $1,411,300,000 for the Defense 
Working Capital Funds. These funds are necessary to cover 
unforeseen fuel price increases, fuel delivery costs associated 
with a new mission for the Defense Logistics Agency previously 
performed by the Army, and an urgent requirement for the Navy 
Working Capital Fund. The amounts provided are to be allocated 
as follows:

                        [In thousands of dollars]

                                                          Recommendation
Defense Logistics Agency (DLA) Fuel Costs...............        $742,300
Military Sealift Command Fuel Costs.....................          67,000
DLA Fuel Delivery Costs.................................         402,000
Navy Working Capital Fund...............................         200,000

                       NAVY WORKING CAPITAL FUND

    The supplemental request included $200,000,000 in Operation 
and Maintenance, Navy that was intended to be collected from 
working capital fund customers, via a surcharge, in order to 
restore Navy Working Capital Fund cash that was transferred 
from the fund in order to meet urgent fiscal year 2004 
requirements. The Committee understands that the Navy has 
implemented advance billing in its working capital fund in 
order to restore the minimum level of operating cash. The 
Committee recommends that rather than implementing a surcharge, 
the requested funds be appropriated directly to the Navy 
Working Capital Fund, in order to more quickly address the cash 
balance problem, and to mitigate the need for advance billing.

                     National Defense Sealift Fund

    The Committee recommends $32,400,000 for the National 
Defense Sealift Fund. These funds are needed to address 
increased maintenance and repair of Ready Reserve Force ships, 
Roll-On Roll-Off ships, and Fast Sealift Ships used extensively 
in OIF operations, as well as increased fuel price costs.

         Drug Interdiction and Counter-Drug Activities, Defense

    The Committee recommends $257,000,000 for Drug Interdiction 
and Counter-Drug Activities for the Department of Defense, the 
amount requested by the President to fund training, equipment, 
intelligence, infrastructure, and information operations 
related to the campaign against narcotics trafficking and 
narcotics-related terrorist activities in Afghanistan. The 
Committee expects the Department to fully restore funding to 
the National Guard State Plan projects that was used to 
initiate these activities.

                    Office of the Inspector General

    The Committee recommends an appropriation of $148,000, for 
operation and maintenance for the Office of the Inspector 
General, the amount requested by the Administration. The funds 
are to be used to fund premium pay, travel, and per diem costs 
for the Inspector General's criminal investigative personnel 
involved in efforts directly supporting the War on terror in 
Iraq and Afghanistan.

               Intelligence Community Management Account

    The Committee recommendation includes $250,300,000 for the 
Intelligence Community Management Account, including 
$181,000,000 to remain available until September 30, 2006. 
Within this amount is funding for construction of a facility to 
house the new Office of the Director of National Intelligence. 
Further descriptions regarding activities funded under this 
account are included in the classified annex accompanying this 
bill.

                    General Provisions--This Chapter

    Title I of the Committee bill contains 16 general 
provisions. A description of the recommended general provisions 
follows.
    Section 1101 provides for transfer between appropriations 
of up to $2,000,000,000 of funds in chapter 1 of title I, and 
provides that transfer authority in this section is in addition 
to any other transfer authority available to the Department of 
Defense, and is subject to the same terms and conditions as 
provided in section 8005 of the Department of Defense 
Appropriations Act, 2005.
    Section 1102 amends section 8005 of the Department of 
Defense Appropriations Act, 2005, to increase transfer 
authority up to $5,500,000,000.
    Section 1103 provides that funds in the Defense Cooperation 
Account may be transferred to other defense accounts.
    Section 1104 provides that funds made available in ``Drug 
Interdiction and Counter-Drug Activities, Defense'' be 
available until December 31, 2005 for assistance to the 
counter-narcotics forces of Afghanistan and Pakistan.
    Section 1105 provides the Department of Defense with 
$8,000,000 in additional authority for extraordinary and 
emergency expenses in order to support emergent requirements 
associated with the ongoing war on terrorism.
    Section 1106 provides that working capital funds of the 
Department of Defense may increase the limitation on advance 
billing up to $1,500,000,000.
    Section 1107 amends the National Defense Authorization Act 
for Fiscal Year 2005 to amend the amount of funds provided for 
the Commander's Emergency Response Program (CERP).
    Section 1108 provides an increase of $25,000,000 pursuant 
to section 8090(b) in Public Law 108-287.
    Section 1109 waives, for calendar year 2005 only, the 
annual limitation on total compensation for civilian employees 
while in the U.S. Central Command's area of responsibility in 
support of military operations.
    Section 1110 provides the Director of National Intelligence 
(DNI) with language requested with respect to filling the 
additional positions authorized for the Office of the DNI.
    Section 1111 extends the authority contained in the 2003 
National Defense Authorization Act through December 31, 2005, 
to support coalition liaison officers.
    Section 1112 provides authority to increase the maximum 
amount of the reserve affiliation bonus.
    Section 1113 amends title 38 to increase the Servicemembers 
Group Life Insurance maximum from $250,000 to $400,000; 
requires spousal concurrence if the member declines life 
insurance, elects to be insured at less the maximum, or 
designates any other person as beneficiary; and amends title 10 
to permanently change the military death gratuity from $12,000 
to $100,000.
    Section 1114 provides death gratuity increases retroactive 
to October 7, 2001 provided that the military death gratuity 
payment results from a death incurred in Operation Iraqi 
Freedom or Operation Enduring Freedom and the Servicemembers 
Group Life Insurance death gratuity payment results from a 
death incurred in the performance of duty.
    Section 1115 deems funds appropriated or made available by 
transfer in this chapter for intelligence activities to be 
authorized by Congress.
    Section 1116 prohibits the initiation of new start programs 
without prior congressional approval.

                               CHAPTER 2


                         DEPARTMENT OF DEFENSE


                        Military Quality of Life

    The Committee recommends a total of $3,108,156,000 for 
Military Quality of Life, which is $74,794,000 below the 
Administration's request. Included in this amount is 
$1,324,206,000 for military construction, $1,542,100,000 for 
basic allowance for housing, $66,300,000 for facilities 
sustainment, restoration and modernization, and $175,550,000 
for the Defense Health Program.
    Overseas Construction Contingent Upon Submission of Master 
Plans.--The conference report accompanying the Military 
Construction Appropriation Act, 2004 directed the Secretary of 
Defense to submit comprehensive master plans for overseas 
military infrastructure with the fiscal year 2006 budget 
submission. The Committee has not received these plans. The 
Committee believes that it is vital to understand how the 
construction projects requested in the supplemental are 
integrated with the Department's long-term strategy for the 
basing of U.S. forces in the Central Command Area of 
Responsibility. These plans are an essential part of this 
evaluation. The Committee regrets that these plans were not 
provided in a timely fashion that would have allowed for a more 
thorough consideration of the request. The Committee has 
therefore included a proviso under each of the Military 
Construction accounts that prohibits the obligation of funds 
provided in those accounts for overseas military construction 
projects until the overseas basing master plans have been 
submitted to the Committee.
    Military Construction in Kuwait.--The Army request includes 
$36,000,000 to construct a sixty-mile road (Main Supply Route 
Aspen) in Iraq that will connect at the Iraq-Kuwait border to a 
road constructed by the Government of Kuwait. The Kuwaiti road 
was constructed as a direct consequence of Kuwait's request 
that Coalition forces stop using the commercial highway. It is 
the Committee's understanding that the Department of Defense 
was aware of the need for this project three years ago, yet no 
advance information about this requirement was provided to the 
Committee. The Committee is also concerned that although this 
road is used by Coalition Forces, there is no Coalition support 
for the project. The Committee directs that the Secretary of 
Defense provide a report to the Committee regarding the status 
of Coalition support for this project no later than April 8, 
2005.
    In addition, the Air Force request includes $75,500,000 to 
construct the first phase of an aerial port of debarkation at 
Ali Al Salem Air Base in Kuwait. Similar to the Army request 
for MSR Aspen, this project is a consequence of the Government 
of Kuwait's request that Coalition forces vacate Kuwait City 
International Airport. The Committee is concerned that the 
Department is committing the United States to substantial 
military construction projects in Kuwait without informing the 
Committee. The Committee is also concerned by the apparent lack 
of any formal host nation agreement with Kuwait concerning 
these projects. The Committee is led to believe that these 
questions could be answered with submission of the overseas 
master plans. The Committee directs the Secretary to report to 
the Committee no later than April 8, 2005 regarding host nation 
support for this project.

                      Military Construction, Army

    The Committee recommends $930,100,000 for Military 
Construction, Army, which represents a $60,000,000 decrease 
from the request. The funds are provided as follows:


    Overhead Cover System and CMU Barracks.--The request 
includes several construction projects in Iraq for hardening 
facilities and protecting troops against indirect fire attacks. 
This includes $300,000,000 to install overhead cover systems at 
various locations and $55,200,000 to construct concrete masonry 
unit (CMU) barracks at unspecified locations. The Committee 
believes that this force protection vulnerability could have 
been redressed through the use of authority to carry out 
military construction projects with operation and maintenance 
funds. The Committee is disturbed by the fact that the 
Department of Defense instead chose to wait for this 
supplemental request to correct the problem. Despite having 
forestalled this initiative, the Department has provided no 
details to the Committee on the extent of the vulnerability or 
the locations in Iraq where the overhead cover systems and 
barracks are to be provided. The Committee can therefore not be 
certain whether the request is sufficient to protect troops in 
Iraq. The Committee directs the Secretary of Defense to submit 
a detailed breakout of these two requests by location no later 
than April 8, 2005.
    Fuel Tank Farm at Bagram, Afghanistan.--The Army requested 
$57,000,000 for the construction of a fuel storage tank farm 
and distribution system at Bagram, Afghanistan. The existing 
fuel farm is stored in fuel bladders. These bladders need to be 
replaced about once a year at a cost of $1,500,000 per bladder, 
which means that the cost of this project is not recovered 
until 2012. Given the uncertainty regarding the stationing 
requirements of U.S. forces in Afghanistan, the Committee 
believes this project is not justified and provides no funds 
for this request.
    Open Bay Mobilization Barracks.--The Army request includes 
$70,000,000 to construct open bay barracks at Fort Bliss, Fort 
Riley, and Fort Carson for mobilization and training, primarily 
for Reserve component personnel. The Committee understands that 
this request is due to the current surge conditions and that 
under surge conditions 72 square feet is adequate personnel 
space vice the standard of 90 square feet in a non-surge 
environment. The Committee also understands that construction 
of these types of barracks is only a requirement during higher-
than usual operations. The justification accompanying this 
request does not address the long-term plan for these 
facilities after surge conditions subside.
    The Committee is concerned that these facilities are not 
being built to a 1 + 1 standard even though they are permanent 
facilities, and standard barracks would give the Army more 
flexibility to use these facilities for unaccompanied housing 
should facility requirements change. The Committee is also 
concerned with the medical conditions that can arise when 
housing soldiers in smaller than adequate space. As such, the 
Committee directs the Secretary of Defense to report back to 
the Committee no later than April 8, 2005 on the planned long-
term use of these barracks, what effects these types of 
barracks have on a soldier's health, what precautions are being 
taken to prevent any health-related illnesses, and why a more 
standard type of barrack wasn't chosen for construction.

              Military Construction, Navy and Marine Corps

    The Committee recommends $92,720,000 for Military 
Construction, Navy and Marine Corps, which represents a 
$14,660,000 decrease to the request. The funds are provided as 
follows:


    Marine Corps Restructuring.--The Marine Corps request 
includes $75,000,000 to carry out construction and the 
associated planning and design related to the Force Structure 
Review Group (FSRG) initiative, which will provide additional 
combat forces within the current end-strength of 175,000. While 
the Committee recognizes that the FSRG was prompted by the 
demands of the Global War on Terrorism, the Committee is 
dismayed that the military construction requirements of FSRG 
were not brought to its attention until the supplemental 
request was submitted, even though the FSRG was established in 
April 2004. The Committee is also dismayed that the request 
does not fully fund the requirement, that important basing 
decisions have yet to be made, and that none of the projects 
requested will begin construction in fiscal year 2005. The 
Committee notes that this request could have been made through 
the fiscal year 2006 budget request, or through a budget 
amendment, but the Marine Corps chose to request it through the 
supplemental instead. Due to the uncertainty regarding the 
final basing decision for the second of two infantry battalions 
to be created under the FSRG, the Committee recommends a 
decrease of $14,660,000 from the request.
    The Committee is additionally concerned that the Marine 
Corps request does not address the family housing needs that 
may arise because of troop relocations resulting from FSRG. 
While the Committee is sympathetic to the reason FSRG was 
undertaken, more information is required to allow for a fuller 
consideration of the merits of the initiative. The Committee 
therefore directs the Marine Corps to report to the Committee 
on family housing requirements that will result from FSRG as 
well as a detailed plan on how the Corps will fund the full 
cost of the FSRG. This report is due no later than April 8, 
2005.

                    Military Construction, Air Force

    The Committee recommends $301,386,000 for Military 
Construction, Air Force, which represents a $134,000 decrease 
to the request. The funds are provided as follows:


    NATO Funding in Afghanistan.--The Committee notes that the 
Air Force requested $1,400,000 to build a coalition forces ramp 
at Bagram Air Base, Afghanistan. The Committee believes that 
construction benefiting the mission of the International 
Security Assistance Force (ISAF) in Afghanistan should be 
eligible for NATO Security Improvement Program funding. The 
Committee directs the Secretary of Defense to report to the 
Committee on NATO funding for military construction in 
Afghanistan, including efforts to secure such funding. This 
report shall be submitted no later than April 8, 2005.

                        Military Personnel, Army

    The Committee recommends $1,542,100,000 for Military 
Personnel, Army, which is the same as the budget request. These 
funds are for basic allowance for housing for Army personnel 
and activated National Guard and Reserve personnel.

                    Operation and Maintenance, Army

    The Committee recommends $66,300,000 for Operation and 
Maintenance, Army, which is the same as the budget request. 
These funds are for costs associated with facilities 
sustainment, restoration and modernization.

                         Defense Health Program

    The Committee recommends $175,550,000 for the Defense 
Health Program, which is the same as the budget request.
    National Capitol Region Medical Facilities.--The Committee 
appreciates the work by the Walter Reed Army Medical Center to 
provide care to our injured men and women in uniform. 
Unfortunately, the challenge to care for our troops, in some 
cases, is made more difficult by outdated and worn facilities 
at in the national capitol region. As such, the Committee 
directs the Secretary of the Defense to prepare a study on the 
entire national capitol region that includes options for both 
revamping facilities at Walter Reed and constructing a new 
hospital facility within the national capitol region. This 
study should include detailed plans for the options presented, 
the costs associated with these plans, and a timetable for 
implementation. The Secretary shall submit this study to the 
Committees on Appropriations and Committees on Armed Services 
of the House of Representatives and Senate no later than 
September 15, 2005.

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


                               CHAPTER 1

    Within the accounts included in chapter 1, the 
Administration requested $3.231 billion in emergency 
supplemental funding. The Committee has provided a total of 
$2.090 billion of which $1.095 billion is for emergency 
supplemental funding and $995.3 million is not designated as an 
emergency and is offset by means of a rescission to previously 
appropriated funding.
    The $2.090 billion provided in chapter 1 as well as the 
$656 million provided in title IV of this bill (Tsunami 
Recovery and Reconstruction Fund), a total of $2.746 billion, 
represents funding for crucial requirements of approximately 
$1.751 billion needed urgently for emergencies or replenishment 
of funds expended for emergencies, troop protection, and the 
war on terrorism and $995 million for programs and projects 
that enhance United States foreign policy. The $995 million 
provided for programs and projects that enhance United States 
foreign policy is offset with a rescission of $995 million in 
funds provided in fiscal year 2003 (Public Law 108-11) for 
assistance for Turkey. The Committee recognizes that the funds 
for Turkey have been obligated to hedge against expiration of 
availability, however, to date no significant funds have been 
expended and it does not appear that the Treasury Department 
and the Turkish government have an agreement on the expenditure 
of these funds. Therefore, the Committee directs that these 
funds be de-obligated and used instead to meet current foreign 
policy requirements in support of democracy and the global war 
on terrorism.

                     BILATERAL ECONOMIC ASSISTANCE


                  FUNDS APPROPRIATED TO THE PRESIDENT


           United States Agency for International Development


              INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

    The Committee includes $44,000,000 for the Darfur region of 
Sudan under ``International Disaster and Famine Assistance'', 
the same as the President's request. The Committee has not 
included language requested by the President that would allow 
funds made available under this heading to reimburse accounts 
previously expended for assistance to Darfur. The Committee 
expects this funding to be in addition to the $148,000,000 
specifically appropriated for Darfur for fiscal years 2004 and 
2005 under this heading in prior Acts.

   OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
                              DEVELOPMENT

    The Committee recommends $24,400,000 for USAID operating 
expenses to cover the extraordinary costs of administering an 
assistance program in Iraq.

   OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
                              DEVELOPMENT

                      OFFICE OF INSPECTOR GENERAL

    The Committee recommends $2,500,000 for operating expenses 
of the USAID Inspector General to audit the expenditures of 
funds used for relief and reconstruction in Iraq.

                  OTHER BILATERAL ECONOMIC ASSISTANCE


                         ECONOMIC SUPPORT FUND

    The Committee appropriates $1,061,200,000 for the Economic 
Support Fund and allocates the following amounts for each 
country: $739,200,000 for Afghanistan, $100,000,000 for Jordan, 
$200,000,000 for Gaza/West Bank, and $22,000,000 for Sudan.
    Funds in this account for assistance for Afghanistan 
include $138,500,000 for replenishment of fiscal years 2004 and 
2005 Development Assistance, Economic Support Fund, and 
Afghanistan Freedom Support Act funds that were to be 
reprogrammed according to the terms of the January 27, 2005 
congressional notification from the Department of State. If the 
reprogramming is not executed prior to the enactment of this 
Act, the Committee expects the Department of State to use these 
funds for the same purposes outlined in the January 27, 2005 
congressional notification unless otherwise consulted and 
notified.
    The Committee does not recommend funding for a number of 
programs that cannot be justified for emergency supplemental 
funding or offset with prior year's funding. The President's 
request for these programs under this heading in the 
supplemental request totals $570,100,000. Funding is not 
included for fiscal year 2006 operating costs for new and 
ongoing programs as well as large new construction projects or 
less urgent needs in the President's request. These programs 
include the refurbishment of the Kabul Airport, venture capital 
funding, industrial park funding, higher education including 
costs of a new law school in Kabul, and various long term 
construction projects including a hydropower and a gas-fired 
power plant, industrial parks, courthouses, and an IDP 
community housing project. The Committee expects to consider 
funding for some of these programs during the regular fiscal 
year 2006 appropriations process, or the Committee expects 
other countries and the Asian Development Bank and the World 
Bank to be appropriate donors.
    Funds in this account for assistance to the West Bank and 
Gaza territories are bound by existing laws and authorities and 
shall not be used as direct, cash, assistance to the 
Palestinian Authority. The $200,000,000 provided in this 
account, shall only be allocated as requested and detailed in 
the following table:

                                                Committee Recommendation
Economic Revitalization:
    Palestinian agriculture and agribusiness production 
      and marketing.....................................     $15,000,000
    Trade promotion and capacity building...............      24,000,000
    Home construction financing.........................       1,000,000
    Job creation, with an emphasis on construction of 
      schools and community centers.....................      20,000,000
    Improved flow of people and goods into Israel.......      50,000,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal, Economic Revitalization.................     110,000,000
                    ========================================================
                    ____________________________________________________
Infrastructure Development:
    Roads and water.....................................      50,000,000
    Democratic reform and the rule of law...............      16,000,000
    Community Policing..................................       3,000,000
    Education, including vocational training............       8,000,000
    Health care and food assistance.....................      13,000,000
      Subtotal, Infrastructure Development..............      90,000,000
                    ========================================================
                    ____________________________________________________
      Total.............................................     200,000,000

    Any changes to the amounts or projects listed above 
requires consultation with the Committee prior to execution of 
these changes. For additional detail on the Committee's 
recommendation, see discussion of section 2106 addressed 
elsewhere in this report.
    The Committee recommends $22,000,000 for southern Sudan 
under ``Economic Support Fund'', the same as the President's 
request. The Committee intends for this funding to be used to 
support the implementation of the Comprehensive Peace 
Agreement, including training and political party support for 
the National Democratic Alliance and the Sudanese People's 
Liberation Movement.

    ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION

    The Committee includes $33,700,000 for Ukraine under 
``Assistance for the Independent States of the Former Soviet 
Union'' instead of $60,000,000 as requested by the President. 
The Committee lauds the democratic initiative of the Ukrainian 
people and intends this funding to be used for projects that 
will quickly show support for the Yushenko government, as well 
as for costs associated with supporting the upcoming 
Parliamentary elections.

                          DEPARTMENT OF STATE


          International Narcotics Control and Law Enforcement

    The Committee recommends $594,000,000 for police and 
counternarcotics programs in Afghanistan. Funds provided under 
this heading include $95,000,000 for replenishment of fiscal 
year 2005 funds for Afghanistan, Pakistan, and aviation support 
that were to be reprogrammed according to the terms of the 
January 27, 2005 congressional notification from the Department 
of State. If the reprogramming is not executed prior to the 
enactment of this Act, the Committee expects the Department of 
State to use these funds for the same purposes outlined in the 
January 27, 2005 congressional notification unless otherwise 
consulted and notified.
    The Committee does not agree to provide $46,000,000 for 
aerial eradication as requested or $20,000,000 of the 
$30,000,000 for Pakistan that was requested. The Committee 
expects to consider some of this funding during the regular 
fiscal year 2006 appropriations process.
    The Committee recommends $400,000,000, the same as the 
request, to provide assistance to Afghan police so that they 
can increasingly assume responsibility for their nation's 
security. Assistance provided can include training, equipping, 
and deploying Afghan police and assisting Afghanistan in the 
building of infrastructure and capabilities so that the Afghan 
government can begin to train, equip, and operate its own 
police.

                    MIGRATION AND REFUGEE ASSISTANCE

    The Committee appropriates $53,400,000 under ``Migration 
and Refugee Assistance'', the same as the President's request. 
The Committee expects $48,400,000 of this funding to be used to 
meet the needs of Sudanese refugees in Chad and internally 
displaced persons in the Darfur region of Sudan, and $5,000,000 
to facilitate the return and resettlement of refugees in 
southern Sudan.

    NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

    The Committee recommends $17,100,000 to support anti-
terrorism training and protection programs in Afghanistan as 
requested. The Committee expects to consider funding for the 
request of $15,000,000 to support a classified Nonproliferation 
and Disarmament Fund activity during the regular fiscal year 
2006 appropriations process.

                          MILITARY ASSISTANCE


                  Funds Appropriated to the President


                   Foreign Military Financing Program

    The Committee recommends $250,000,000 for the FMF program. 
Of this amount, $150,000,000 is for Pakistan to provide 
improved capabilities for border security in the fight against 
terrorism and to increase interoperability with the United 
States and coalition forces. For Jordan, $100,000,000 is 
recommended in order to support the continuation of programs 
that address border security challenges.

                        PEACEKEEPING OPERATIONS

    The Committee recognizes that a lasting peace in southern 
Sudan will depend on a professional, civilian-led military and 
includes $10,000,000 under ``Peacekeeping Operations'', the 
same as the President's request, to support peace-consolidation 
activities in southern Sudan's security sector.

                    General Provisions--This Chapter

    Sec. 2101. As requested, this provision would amend Section 
307(a) of the Foreign Assistance Act of 1961 by striking 
``Iraq'' from the list of countries for which the United States 
would otherwise be required to withhold voluntary 
contributions.

                              (RESCISSION)

    Sec. 2102. This provision rescinds funds provided in Public 
Law 108-11. The funds appropriated in the 2003 emergency 
supplemental appropriations act (Public Law 108-11) under the 
heading ``Economic Support Fund'' in the amount of 
$1,000,000,000 for the purpose of providing loan guarantees for 
the Republic of Turkey for loans up to $8,500,000,000 would 
expire on September 30 of this year. These funds were intended 
to support the stablility of the Turkish economy during a 
volatile period caused by global economic downturn and the War 
in Iraq. The economy of the Republic of Turkey has performed 
remarkably and with the decision by the European Union to hold 
accession talks for Turkey and with greater global stability, 
the outlook for the economy looks favorable and the potential 
need for these funds has passed. The Republic of Turkey has not 
required the loans, for which these funds were intended to 
provide guarantee. Furthermore, greater global needs have 
emerged with the natural disasters in South Asia and the need 
to ensure progress in stabilizing Afghanistan and the Middle 
East. Therefore, the Committee recommends that the 
$1,000,000,000 be rescinded without prejudice in order to 
provide for more urgent needs elsewhere.
    Sec. 2103. This provision requires the Comptroller General 
to audit the expenditure and execution of U.S. assistance for 
the West Bank and Gaza.
    Sec. 2104. This provision requires the Secretary of State 
to present a plan within 30 days of enactment on the proposed 
use of all funds appropriated under Chapter 1 on a project-by-
project basis for the following six months. The provision would 
allow for up to 10 percent of the funds to be obligated prior 
to submission of the plan.
    Sec. 2105. This provision requires the Comptroller General 
to audit the expenditure and execution of U.S. counternarcotics 
and alternative livelihoods assistance for Afghanistan.
    Sec. 2106. This provision mandates a report detailing 
specific steps for reform taken by the Palestinian Authority; 
sets aside up to $5,000,000 for an outside, independent audit 
by an internationally recognized accounting firm of Palestinian 
Authority expenditures; and specifies that the waiver authority 
provided in section 550(b) of the fiscal year 2005 Act making 
appropriations for foreign operations, export financing and 
related programs, may not be used to make appropriations from 
this supplemental available for funding to the Palestinian 
Authority. Section 550(a) of the fiscal year 2005 Act prohibits 
direct funding to the Palestinian Authority; Section 550(b) 
permits a waiver of that prohibition if the President 
determines such a waiver to be in the interests of national 
security. It is the intent of Congress that this restriction of 
waiver authority contained in this bill would only apply to the 
funds added by this supplemental not to funding appropriated by 
public law 108-447, or any other law. This section also 
prohibits the national security waiver issued by this President 
on December 8, 2004 and authorizing direct assistance to the 
Palestinian Authority from applying to funds added by this 
emergency supplemental.

                               CHAPTER 2


                 DEPARTMENT OF STATE AND RELATED AGENCY


                          DEPARTMENT OF STATE


                   Administration of Foreign Affairs


                    DIPLOMATIC AND CONSULAR PROGRAMS

    The recommendation includes $748,500,000 for ``Diplomatic 
and Consular Programs''. The recommendation provides for costs 
of the U.S. mission in Iraq, including $30,000,000 for 
operations, $479,500,000 for security, $20,500,000 for 
technology, and $160,000,000 for logistical support. In 
addition, the recommendation includes $55,500,000 for 
operations and security requirements of the U.S. Mission in 
Kabul, Afghanistan as a result of the withdrawal of U.S. 
military forces. The recommendation does not include requested 
funds for costs associated with Federal employees detailed for 
reconstruction efforts and ministry expertise in Afghanistan. 
The recommendation assumes these requirements will be met by 
contributing Federal agencies. Finally, the recommendation 
includes $3,000,000 for costs of the Office of the Coordinator 
for Reconstruction and Stabilization related to post-conflict 
reconstruction and stabilization efforts. The recommendation 
does not include requested funds for additional personnel costs 
related to the response effort.

            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

    The recommendation includes $592,000,000 for the 
construction of a new secure embassy compound in Baghdad, Iraq, 
including office, housing, and support facilities, 
infrastructure, project supervision, and construction security. 
The recommendation is $66,000,000 below the request, and 
assumes a proportional reduction in overall projected mission 
staffing levels. The Committee understands that the recommended 
funding level is sufficient to ensure completion of a secure 
compound within 24 months of the project start date.

                      International Organizations


        CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

                     (INCLUDING TRANSFER OF FUNDS)

    The recommendation includes $580,000,000 for United States 
assessed contributions for international peacekeeping missions. 
The recommendation includes funding to pay anticipated 
assessments related to the creation of a peacekeeping mission 
in Sudan. The recommendation includes language allowing up to 
$55,000,000 to be made available to support an assessed or 
voluntary United States contribution to a Sudan war crimes 
tribunal.

                             Related Agency


                    BROADCASTING BOARD OF GOVERNORS

                 INTERNATIONAL BROADCASTING OPERATIONS

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

                               CHAPTER 3


                       DEPARTMENT OF AGRICULTURE


                      Foreign Agricultural Service


                     PUBLIC LAW 480 TITLE II GRANTS

    The Committee recommends an additional $150,000,000 to 
reimburse the ``Public Law 480 Title II Grants'' account for 
funds used to address emergency food needs for the growing 
population of individuals in need of humanitarian assistance in 
the Darfur region of Sudan and would allow additional 
contributions to this and other critical food situations.

        TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON TERROR


                               CHAPTER 1


                          DEPARTMENT OF ENERGY


                National Nuclear Security Administration


                    DEFENSE NUCLEAR NONPROLIFERATION

    The bill provides $55 million for deployment of radiation 
detection equipment and the training of law enforcement 
officials in four overseas ports to provide them with the 
technical means to detect, deter, and interdict illicit 
trafficking in nuclear and other radioactive materials through 
the Megaports program. The bill also provides $55 million to 
address urgent priorities outside of the former Soviet Union to 
secure nuclear materials from diversion or theft by terrorists 
or states of concern.

                               CHAPTER 2


                    DEPARTMENT OF HOMELAND SECURITY


                       United States Coast Guard


                           OPERATING EXPENSES

    The Committee recommends an additional $111,950,000 for 
U.S. Coast Guard operations in support of Operation Iraqi 
Freedom and Operation Enduring Freedom. This funding will allow 
Coast Guard forces currently stationed in the Persian Gulf to 
continue to provide port security and law enforcement 
capabilities as requested by the Department of Defense 
Combatant Commander. In addition, a portion of this funding 
will support the Coast Guard's strategic CONUS waterside 
security teams, which ensure the safety of military assets 
during maritime outload and return. The entire amount is 
designated as an emergency requirement.

              ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

    The Committee recommends an additional $49,200,000 to fund 
either procurement of new U.S. Coast Guard 110-foot patrol 
boats or major refits, renovation, and subsystem replacement 
for these boats. Currently, the Coast Guard has six 110-foot 
patrol boats deployed in support of Operation Iraqi Freedom 
that are operating at a much higher tempo than planned for 
domestically. Therefore, extensive system overhauls, or perhaps 
complete replacement, will be necessary. The entire amount is 
designated as an emergency requirement.
    Prior to the obligation of funds, the Coast Guard is 
directed to provide to the Committee an analysis of the costs 
and benefits of procuring new 110-foot or 123-foot patrol boats 
versus renovating the existing 110-foot boats. This analysis 
should include the expected available patrol boat mission hours 
over the next 10 years with the existing fleet versus the 
yearly mission hours conducted since 9/11 and the 10 year 
projected mission hour needs. The analysis should lay out how 
Coast Guard intends to meet the mission needs of the patrol 
boat.

                               CHAPTER 3


                         DEPARTMENT OF JUSTICE


                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES

    The recommendation includes $78,970,000 for the Federal 
Bureau of Investigation (FBI), which is $1,030,000 below the 
request. The recommendation includes $40,000,000, as requested, 
for support of FBI personnel deployed in Iraq. The 
recommendation includes $38,970,000 for the Terrorist Screening 
Center (TSC), which is $1,030,000 below the request.
    The funding provided for TSC will provide for the expansion 
of operations to support new requirements, including the 
implementation of the Secure Flight program. The Committee 
understands that TSC will increase its capability to process up 
to 3 million additional terrorist watchlist queries per day, 
and the resulting increase in potential terrorist encounters 
requiring verification and follow-up with appropriate law 
enforcement and intelligence officials.
    In addition to the $38,970,000 provided for TSC in this 
bill, the fiscal year 2006 budget proposes an additional 
$75,000,000 program enhancement. The Committee is concerned by 
the significant growth in funding requirements proposed for 
this program. The Committee understands that the Department of 
Justice Office of the Inspector General (OIG) is currently 
performing a program review of TSC. The Committee directs the 
OIG to also evaluate TSC's plan to support the Secure Flight 
program and report to the Committee no later than August 1, 
2005 on its findings. The Committee directs the FBI to work 
closely with the OIG on this review to ensure the success of 
the program.
    The recommendation does not include funds requested for 
increased TSC postage costs and for travel costs associated 
with temporary duty staff. Given the important mission of TSC, 
the Committee believes that the FBI can avoid these costs in 
part by assigning permanent positions to staff TSC and limiting 
its reliance on one to three month personnel rotations to meet 
immediate staffing needs.

                    Drug Enforcement Administration


                         SALARIES AND EXPENSES

    The recommendation includes $7,648,000, as requested, to 
support the Drug Enforcement Administration's counternarcotics 
efforts to reduce poppy and heroin production in Afghanistan.

                 TITLE IV--INDIAN OCEAN TSUNAMI RELIEF


                               CHAPTER 1


                  FUNDS APPROPRIATED TO THE PRESIDENT


                       Other Bilateral Assistance


                TSUNAMI RECOVERY AND RECONSTRUCTION FUND

    The Tsunami Recovery and Reconstruction Fund would provide 
$656,000,000 to fund relief and long term recovery and 
reconstruction programs in countries affected by the December 
26, 2004 earthquake and tsunami. Funding is not included for 
the budget costs of modifying any amounts owed by governments 
of the affected countries to agencies of the United States.
    The Committee recommends education as an important priority 
for supplemental spending, with funds allocated to school 
building repair and construction, educational materials, 
teacher training and vocational training. The Committee also 
recommends extra efforts to support initiatives for the 
protection of women and children from violence, trafficking and 
exploitation. Finally, in addition to other efforts to promote 
economic opportunities, the Committee recommends $10,000,000 be 
used for small grants to support training and equipment for 
women-led local non-governmental organizations in tsunami-
affected areas.

                    General Provisions--This Chapter

    Sec. 4101. As requested, this provision would specify that 
funds made available, with disaster assistance authorities, in 
foreign assistance accounts other than the International 
Disaster and Famine Assistance account to address relief and 
rehabilitation needs in countries affected by the Indian Ocean 
earthquake and tsunami under the ``borrowing authority'' 
provision in section 492(b) of the Foreign Assistance Act, do 
not count against the $50,000,000 annual limitation on the use 
of this authority.
    Sec. 4102. This provision requires the Secretary of State 
to present a plan within 30 days of enactment on the proposed 
use of all funds appropriated under this Chapter on a project-
by-project basis. The provision would allow for up to 10 
percent of the funds to be obligated prior to submission of the 
plan.
    To provide a complete picture of resources being provided 
to tsunami-affected countries, this report should also include 
an estimate of private contributions pledged to or received by 
non-governmental organizations (including religious 
organizations). The report should include an analysis of the 
mechanisms established for transparency and accountability in 
the grant-making process. It should also include an estimate of 
contributions by all bilateral and multilateral official 
donors, including an assessment of how much will be disbursed 
within 2005.
    The Committee requests the Government Accountability Office 
review United States assistance to the countries affected by 
the December 2004 earthquake and tsunami.

                               CHAPTER 2


                    DEPARTMENT OF DEFENSE--MILITARY


                     Submission of Budget Amendment

    On February 14, 2005, the President submitted a request for 
fiscal year 2005 supplemental appropriations $222,050,000 to 
reimburse the military services and the Overseas Humanitarian, 
Disaster, and Civic Aid account for emergency relief, 
rehabilitation, and reconstruction aid provided by the military 
services following the December 2004 Tsunami in the Indian 
Ocean.

                       Committee Recommendations

    The Committee recommends the total funding requested by the 
President in the accounts and amounts as requested:

Operation and Maintenance, Navy.........................    $124,100,000
Operation and Maintenance, Marine Corps.................       2,800,000
Operation and Maintenance, Air Force....................      30,000,000
Operation and Maintenance, Defense-Wide.................      29,150,000
Overseas Humanitarian, Disaster, and Civic Aid..........      36,000,000

    The funds are provided in the amounts requested in order to 
reimburse the military services operating accounts for expenses 
incurred in providing emergency relief to the victims of the 
Indian Ocean Tsunami in December of 2004. The fast response by 
the U.S. Military demonstrated flexibility, creativity and 
human compassion in the face of unimaginable destruction and 
human suffering. The Committee commends the men and women of 
the Armed Forces for their hard work and dedication in 
protecting human life and relieving the suffering of countless 
thousands of tsunami victims.

                               CHAPTER 3


                         DEPARTMENT OF DEFENSE


                        Military Quality of Life


                         DEFENSE HEALTH PROGRAM

    The Committee recommends $3,600,000 for the Defense Health 
Program, which is the same as the budget request.

                               CHAPTER 4


                    DEPARTMENT OF HOMELAND SECURITY


                       United States Coast Guard


                           OPERATING EXPENSES

    The Committee recommends an additional $350,000 to fund the 
incremental cost of the U.S. Coast Guard's air operations in 
support of tsunami relief efforts in Southeast Asia, as 
requested by the Department of Defense. The entire amount is 
designated as an emergency requirement.

                               CHAPTER 5


                       DEPARTMENT OF THE INTERIOR


                    United States Geological Survey


                 SURVEYS, INVESTIGATIONS, AND RESEARCH

    The Committee recommends $8,100,000, as requested, to 
provide increased earthquake and tsunami detection in the 
United States and its territories through expansion of the 
Global Seismographic Network and the National Earthquake 
Information Center.

                               CHAPTER 6


                         DEPARTMENT OF COMMERCE


            National Oceanic and Atmospheric Administration


                  OPERATIONS, RESEARCH, AND FACILITIES

    The recommendation includes $4,830,000 for costs associated 
with improving tsunami protection and preparedness in the 
United States, in the Pacific Basin as well as the Caribbean/
Atlantic/Gulf of Mexico. The recommended funding level will 
support upgrade and expansion of NOAA's network of sea level 
monitoring and tidal gages; the expansion and acceleration of 
inundation mapping and modeling; round-the-clock operations at 
NOAA's existing tsunami warning centers; development efforts to 
improve the performance of Deep-ocean Assessment and Reporting 
of Tsunamis (DART) buoys; and increased community outreach and 
preparedness certification efforts. NOAA shall report to the 
Committee by May 15, 2005, on an implementation plan and 
timetable to identify and achieve preparedness certification 
for the most vulnerable United States coastal communities.
    The Committee is aware that Washington and Oregon coastal 
communities located near the Cascadia subduction zone are among 
the most at-risk of a tsunami event in the United States, based 
on geological analysis and historical activity. The risk is 
especially high for Native American communities that live on or 
very near the shoreline. The Committee expects the 
implementation plan to address requirements of such 
communities. The recommendation under the Procurement, 
Acquisition and Construction account includes funding for 
deploying additional DART buoys. The Committee is aware of the 
challenges involved in operating and maintaining DART buoys and 
notes that additional operations and maintenance costs in 
fiscal year 2005 will be covered from within previously 
appropriated funds.

               PROCUREMENT, ACQUISITION AND CONSTRUCTION

    The recommendation includes $9,670,000 for costs associated 
with improving tsunami protection and preparedness in the 
United States, in the Pacific Basin as well as the Caribbean/
Atlantic/Gulf of Mexico. The recommended funding level will 
support the improvement of seismic measurements, and the 
acquisition and deployment of an estimated 35 additional DART 
buoys, 28 for the Pacific Basin and 7 for the Caribbean/
Atlantic/Gulf of Mexico.

         TITLE V--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS

    Sec. 5001. The Committee recommends language limiting the 
availability of funds provided in this Act to this fiscal year 
unless expressly provided otherwise.

                          (TRANSFER OF FUNDS)

    Sec. 5002. The Committee has included a general provision 
for Department of Defense--Military, which makes certain 
technical adjustments and directs the transfer of funds for the 
purpose of ensuring proper budget execution for critical force 
protection items previously funded. Specifically, $500,000 is 
transferred from ``Other Procurement, Air Force'', to 
``Research, Development, Test and Evaluation, Air Force'', for 
the Digital Network Centric Remotely Operated Weapons System. 
In addition, $8,200,000 is transferred to ``Other Procurement, 
Air Force'', Line 56, only for the Mobile Common Data Link 
Gateway. These funds will be used to support ongoing production 
of communications gear to be integrated into systems deployed 
to Iraq. Funding for this program is transferred from ``Other 
Procurement, Navy'', Line 107, $4,200,000, All-in-One Wireless 
Access Points, and ``Other Procurement, Navy'', Line 18, 
$4,000,000, Wireless Network Capable Application Processors.
    Sec. 5003. The Committee recommends language waiving 
certain authorization requirements.
    Sec. 5004. The Committee recommends a provision that 
corrects a citation to a public law.
    Sec . 5005. The Committee recommends a technical correction 
relating to credits and reimbursements and per state 
limitations on environmental infrastructure programs.
    Sec. 5006. The Committee recommends a technical correction 
relating to the deposition of a previous appropriation in the 
San Gabriel Basin Restoration Fund.
    Sec. 5007. The Committee recommends a correction relating 
to the derivation of funds appropriated for Nuclear Waste 
Disposal from the Nuclear Waste Fund, and to oversight 
activities by affected units of local government.
    Sec. 5008. The Committee recommends a technical correction 
to a provision in the Department of the Interior and Related 
Agencies Appropriations Act, 2005, regarding a Bureau of Land 
Management land transfer to the Secretary of Veterans Affairs 
in Clark County, Nevada.
    Sec. 5009. The Committee recommends language making 
technical corrections to projects funded through the fund for 
the improvement of education program.
    Sec. 5010. The Committee recommends language making 
technical corrections to projects funded through the fund for 
the improvement of postsecondary education program.
    Sec. 5011. The Committee recommends a technical correction 
to bill language for the Corporation for National and Community 
Service to allow the Corporation to use up to one percent of 
grant funds to defray the cost of conducting grant reviews for 
Learn and Serve America and Next Generation grants.
    Sec. 5012. The Committee recommends language to continue 
the prohibition on funding of emergency preparedness centers 
from the Department of Veterans Affairs medical services 
account since this activity is duplicative of programs 
supported by the Department of Health and Human Services. 
Public Law 108-422 changed the definition of the emergency 
preparedness centers so that the appropriations provision in 
Public Law 108-447, did not prohibit funding for them. This 
technical correction is to clarify that VA medical services 
funds are not diverted to activities supported by HHS.
    Sec. 5013. The Committee recommends language which would 
allow the Secretary of Veterans Affairs to deposit proceeds and 
revenues received through enhanced-use lease activities 
(including disposal) in the major and minor construction 
accounts. These funds can be used for site acquisition, 
construction and alterations for any medical facility under the 
jurisdiction or use of the Department of Veterans Affairs.
    Sec. 5014. The Committee recommends language making a 
technical correction making certain funds for the Department of 
Veterans Affairs available without fiscal limitation.
    Sec. 5015. The Committee recommends a technical correction 
to bill language related to a grant recipient.
    Sec. 5016. The Committee recommends a technical correction 
modifying the purpose of a grant.
    Sec. 5017. The Committee recommends a technical correction 
modifying the purpose of a grant.
    Sec. 5018. The Committee recommends language allowing the 
Department of Justice to transfer funds, if necessary, to 
address a shortfall in the Detention Trustee account. Any 
transfer remains subject to reprogramming notification 
requirements in the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act, 
2005.
    Sec. 5019. The Committee recommends language making 
technical corrections to certain economic development 
initiatives funded in Public Law 108-7.
    Sec. 5020. The Committee recommends language making 
technical corrections to certain economic development 
initiatives funded in Public Law 108-199.
    Sec. 5021. The Committee recommends language making 
technical corrections to certain economic development 
initiatives funded in Public Law 108-447.
    Sec. 5022. The Committee recommends language making a 
technical correction to certain Judiciary fees.
    Sec. 5023. The Committee recommends language making a 
technical correction to consideration of an urbanized area in 
Norman, Oklahoma.
    Sec. 5024. The Committee recommends language making 
technical corrections and amendments to the use of District of 
Columbia local funds.

                                TITLE VI


                HUMANITARIAN ASSISTANCE CODE OF CONDUCT

    Language is included limiting the obligation of 
humanitarian assistance to those organizations which have 
adopted a code of conduct that provides for the protection of 
beneficiaries of such assistance from sexual exploitation or 
abuse in humanitarian relief operations.

                         EMERGENCY DESIGNATIONS

    For the purposes of Section 402 of S. Con. Res. 95 (108th 
Congress), funds in this bill that are designated as emergency 
requirements are provided in response to a situation which 
poses a direct threat to life and property, is sudden, is an 
urgent and compelling need, is unpredictable, and is not 
permanent in nature. Using the criteria outlined in Section 402 
as well as an analysis of truly critical needs, the Committee 
excluded or offset about $3.3 billion items requested by the 
President that were not urgent or essential. The remaining 
funds are for requirements that are justified as emergency in 
nature.

               Changes in the Application of Existing Law

    Pursuant to clause 3(f)(1) of rule XIII of the Rules of the 
House of Representatives, the following statements are 
submitted describing the effect of provisions in the 
accompanying bill that directly or indirectly change the 
application of existing law.
    The bill includes several appropriations that are not 
authorized by law and as such may be construed as legislative 
in nature.
    The bill includes several emergency appropriation 
designations that may be construed as legislative in nature.
    Language is included that restricts the availability of the 
funds to the current fiscal year unless otherwise provided.
    Language has been included for Department of Defense--
Military in chapter 1, ``Operation and Maintenance, Defense-
Wide'' which provides $25,000,000 for the Combatant Commander 
Initiative Fund; and up to $1,220,000,000 for reimbursements to 
other nations for logistical, military and other support 
provided for operations in Iraq.
    Language has been included for Department of Defense--
Military, in chapter 1, which creates a new appropriations 
paragraph ``Afghanistan Security Forces Fund'' which provides 
$1,285,000,000 to the Combined Forces Command--Afghanistan to 
provide assistance to the Afghan Security Forces.
    Language has been included for Department of Defense--
Military, in chapter 1, which creates a new appropriations 
paragraph ``Iraq Security Forces Fund'' which provides 
$5,700,000,000 to the Multi-National Security Transition 
Command--Iraq to provide assistance to Iraqi Security Forces.
    Language has been included for Department of Defense--
Military, in chapter 1, in ``Drug Interdiction and Counter-Drug 
Activities, Defense'' which provides an additional $257,000,000 
for counter-drug activities and narcotics-related terrorist 
activities in Afghanistan and the Central Asia area.
    Language has been included for Department of Defense--
Military which provides $2,000,000,000 of additional transfer 
authority for funds made available in this chapter.
    Language has been included for Department of Defense--
Military which amends Section 8005 of the Department of Defense 
Appropriations Act, 2005 to provide the Department an 
additional $2,000,000,000 of general transfer authority.
    Language has been included for Department of Defense--
Military which provides that funds in the Defense Cooperation 
Account may be obligated or expended only to the extent and in 
the manner provided in subsequent appropriations Acts.
    Language has been included for Department of Defense--
Military which provides that funds made available in ``Drug 
Interdiction and Counter-Drug Activities, Defense'' be 
available for assistance to the counter-narcotics forces of 
Afghanistan and Pakistan.
    Language has been included for Department of Defense--
Military which provides the Department with additional 
authority for extraordinary and emergency expenses in order to 
support emergent requirements associated with the ongoing war 
on terrorism.
    Language has been included for Department of Defense--
Military which provides that working capital funds of the 
Department may increase the limitation on advance billing.
    Language has been included for Department of Defense--
Military which amends the amount of funds provided for the 
Commander's Emergency Response Program (CERP).
    Language has been included for Department of Defense--
Military concerning funds for intelligence related activities.
    Language has been included for Department of Defense--
Military which waives the annual limitation on total 
compensation for civilian employees while in the U.S. Central 
Command's area of responsibility in support of military 
operations.
    Language has been included for Department of Defense--
Military which provides the Director of National Intelligence 
(DNI) additional flexibility with respect to filling the 
additional positions authorized for the Office of the DNI.
    Language has been included for Department of Defense--
Military which extends the authority contained in the 2003 
National Defense Authorization Act through December 31, 2005, 
to support coalition liaison officers.
    Language has been included for Department of Defense--
Military which increases the maximum amount of the reserve 
affiliation bonus.
    Language has been included for Department of Defense--
Military which increases the Service Members Group Life 
Insurance (SGLI) coverage to a maximum of $400,000 and 
increases the death gratuity from $12,000 to $100,000.
    Language has been included for Department of Defense--
Military which provides death gratuity increases, retroactive 
to October 7, 2001, for the increased Service Members Group 
Life Insurance coverage and increased death gratuity payment.
    Language has been included in Department of Defense--
Military which deems funds appropriated or made available by 
transfer in this chapter for intelligence activities to be 
authorized by Congress.
    Language has been included for Department of Defense--
Military which prohibits the initiation of new start programs 
without prior congressional approval.
    Language has been included under Department of Defense, 
Military Construction programs, which places a limitation on 
the use of funds.
    Language has been included under Department of Defense, 
Military Construction programs which allows the expenditure of 
funds for projects not otherwise authorized.
    Language has been included in title II under the 
International Disaster and Famine Assistance, Economic Support 
Fund, Assistance for the Independent States of the Former 
Soviet Union, and International Narcotics Control and Law 
Enforcement accounts allocating funds for certain purposes.
    Language has been included in title II which amends section 
307(a) of the Foreign Assistance Act of 1961 to allow Iraq to 
receive assistance from international organizations to which 
the US makes voluntary contributions.
    Language is included in title II which requires an audit of 
the expenditures and execution of U.S. assistance for the West 
Bank and Gaza.
    Language is included in title II which requires certain 
notification reporting requirements for the proposed obligation 
and expenditure of certain funds.
    Language is included in title II which requires an audit of 
the expenditures and execution of U.S. counternarcotics and 
alternative livelihoods assistance for Afghanistan.
    Language is included in title II which modifies the 
application of section 550(b) in Public Law 108-447 to certain 
funds provided in this bill.
    Language is included in title II, allowing the transfer of 
funds between specific accounts for a Sudan war crimes 
tribunal.
    Language is included in title IV under the Tsunami Recovery 
and Reconstruction Fund account which provides certain transfer 
authorities and allows the use of funds for certain purposes.
    Language is included in title IV making amounts made 
available for tsunami and earthquake relief and rehabilitation 
pursuant to section 492(b) of the Foreign Assistance Act of 
1961 prior to enactment of this Act to be in addition to 
amounts that may be obligated in fiscal year 2005 under that 
section.
    Language is included in title IV which requires certain 
notification and reporting requirements for the proposed 
obligation and expenditure of certain funds.
    Language is included under the National Oceanic and 
Atmospheric Administration accounts specifying the purpose of 
such funds.
    Language is included under title V in Department of 
Defense--Military which makes certain technical adjustments and 
directs the transfer of funds that are unexecutable as 
previously appropriated.
    Language is included under title V waiving prior 
authorization requirements for the expenditure of funds by the 
Department of State or the Broadcasting Board of Governors.
    Language is included under title V making various technical 
changes to Public Law 108-447.
    Language is included under title V making various technical 
changes to Public Law 108-199.
    Language is included under title V allowing the Department 
of Justice to transfer funds from any Department of Justice 
account to the ``Detention Trustee'' subject to existing 
notification requirements.
    Language is included under title V making technical changes 
to certain economic development initiatives included in Public 
Law 108-7.
    Language is included under title V making technical changes 
to certain economic development initiatives included in Public 
Law 108-199.
    Language is included under title V making technical changes 
to certain economic development initiatives included in Public 
Law 108-447.
    Language is included under title V making technical changes 
to the availability of receipts under 28 U.S.C. 1931.
     Language is included under title V making a technical 
change to section 198 of division H of Public Law 108-447.
    Language is included making technical corrections and 
changes to the use of District of Columbia local funds.
    Language is included as title VI prohibiting the use of 
certain funds to organizations which have failed to adopt a 
humanitarian assistance code of conduct.

                  Appropriations Not Authorized by Law

    Pursuant to clause 3(f)(1) of rule XIII of the Rules of the 
House of Representatives, the following table lists the 
appropriations in the accompanying bill which are not 
authorized by law:


                           Transfer of Funds

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following is submitted describing 
the transfer of funds provided in the accompanying bill.
    Language has been included in Department of Defense--
Military, in chapter 1, ``Afghanistan Security Forces Fund'' 
which provides for the transfer of funds to other 
appropriations accounts of the Department of Defense.
    Language has been included in Department of Defense--
Military, in chapter 1, ``Iraq Security Forces Fund'' which 
provides for the transfer of funds to other appropriations 
accounts of the Department of Defense.
    Language has been included in Department of Defense--
Military, in chapter 1, ``Drug Interdiction and Counter-Drug 
Activities, Defense'' which transfers funds to other 
appropriations accounts of the Department of Defense.
    Language has been included in Department of Defense--
Military, in chapter 1, ``Other Procurement, Army'' which 
includes a transfer of funds from the ``Iraq Freedom Fund''.
    Language has been included in Department of Defense--
Military in section 1101 which provides the Department with 
additional general transfer authority.
    Language has been included in Department of Defense--
Military in section 1103 which transfers amounts in or credited 
to the Defense Cooperation Account to other appropriations 
accounts of the Department of Defense.
    Language has been included in title II, allowing the 
transfer of funds between specific accounts for a Sudan war 
crimes tribunal.
    Language has been included in title IV under Tsunami 
Recovery and Reconstruction Fund allows that up to $10,000,000 
may be transferred to and merged with ``Development Credit 
Authority'' for the cost of direct loans and loan guarantees, 
up to $15,000,000 may be transferred to and merged with 
``Operating Expenses of the United States Agency for 
International Development'', up to $500,000 may be transferred 
and merged with ``Operating Expenses of the United States 
Agency for International Development, Office of Inspector 
General'', and up to $5,000,000 may be transferred and merged 
with ``Administration of Foreign Affairs Emergencies in the 
Diplomatic and Consular Service''.
    Language has been included in Department of Defense--
Military in which makes certain technical adjustments and 
directs the transfer of funds that are unexecutable as 
previously appropriated.
    Language has been included under title V which allows 
certain funds provided in the District of Columbia 
Appropriations Act, 2005 to be transferred between certain 
accounts and for certain purposes.

                              Rescissions

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following is submitted describing 
the rescissions recommended in the accompanying bill:
    Under ``General Provisions'' in title II, chapter 1, the 
unexpended balance appropriated by Public Law 108-11 under the 
heading ``Economic Support Fund'' and made available for Turkey 
is rescinded.

                  Rescissions Recommended in the Bill

                                                                 Amounts
                                                             recommended
        Department or Activity                            for rescission

                 Comparison With the Budget Resolution

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives requires an explanation of compliance with 
section 308(a)(1)(A) of the Congressional Budget and 
Impoundment Control Act of 1974 (Public Law 93-344), as 
amended, which requires that the report accompanying a bill 
providing new budget authority contain a statement detailing 
how that authority compares with the reports submitted under 
section 302 of the Act for the most recently agreed to 
concurrent resolution on the budget for the applicable fiscal 
year.
    Appropriations in this bill are either designated emergency 
or offset in budget authority therein. Total emergency spending 
in this bill is $81,271,578,000 in budget authority. Emergency 
spending is not measured against the section 302 allocations.
    Nonemergency spending totals $995,300,000 in budget 
authority, offset by a $1,000,000,000 rescission of budget 
authority for a net reduction of $4,700,000 in spending 
measured against the section 302 allocations.

                      Five-Year Outlay Projections

    In compliance with section 308(a)(1)(B) of the 
Congressional Budget and Impoundment Control Act of 1974 
(Public Law 93-344), as amended, the following table contains 
five-year projections associated with the budget authority 
provided in the accompanying bill:

                                                                Millions
Budget Authority........................................          81,267
Outlays:
    2005................................................          32,218
    2006................................................          30,545
    2007................................................          13,281
    2008................................................           3,819
    2009 and beyond.....................................           2,039

               Assistance to State and Local Governments

    In accordance with section 308(a)(1)(C) of the 
Congressional Budget and Impoundment Control Act of 1974 
(Public Law 93-344), as amended, the financial assistance to 
State and local governments is as follows:

                                                                Millions
Budget Authority........................................           - - -
Fiscal Year 2005 outlays resulting therefrom............           - - -

                        Constitutional Authority

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives states that:

          Each report of a committee on a bill or joint 
        resolution of a public character, shall include a 
        statement citing the specific powers granted to the 
        Congress in the Constitution to enact the law proposed 
        by the bill or joint resolution.

    The Committee on Appropriations bases its authority to 
report this legislation from Clause 7 of Section 9 of Article I 
of the Constitution of the United States of America which 
states:

          No money shall be drawn from the Treasury but in 
        consequence of Appropriations made by law * * *

    Appropriations contained in this Act are made pursuant to 
this specific power granted by the Constitution.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the following is a statement of 
general performance goals and objectives for which this measure 
authorizes funding:
    The Committee on Appropriations considers program 
performance, including a program's success in developing and 
attaining outcome-related goals and objectives, in developing 
funding recommendations.

          Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2005

(Public Law 108-287)

           *       *       *       *       *       *       *


                                TITLE II

OPERATION AND MAINTENANCE

           *       *       *       *       *       *       *


                Operation and Maintenance, Defense-Wide

                     (INCLUDING TRANSFER OF FUNDS)

  For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the 
Department of Defense (other than the military departments), as 
authorized by law, $17,449,619,000: Provided, That not more 
than $25,000,000 may be used for the Combatant Commander 
Initiative Fund authorized under section 166a of title 10, 
United States Code, and of which not to exceed [$32,000,000] 
$40,000,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the 
Secretary of Defense, and payments may be made on his 
certificate of necessity for confidential military purposes: 
Provided further, That notwithstanding any other provision of 
law, of the funds provided in this Act for Civil Military 
programs under this heading, $500,000 shall be available for a 
grant for Outdoor Odyssey, Roaring Run, Pennsylvania, to 
support the Youth Development and Leadership program and 
Department of Defense STARBASE program: Provided further, That 
of the funds made available under this heading, $2,550,000 
shall be available only for a Washington-based internship and 
immersion program to allow U.S. Asian-American Pacific Islander 
undergraduate college and university students from economically 
disadvantaged backgrounds to participate in academic and 
educational programs in the Department of Defense and related 
Federal defense agencies: Provided further, That 
notwithstanding any other provision of law, the Office of 
Economic Adjustment of the Department of Defense may make 
grants and supplement other Federal funds using funds made 
available by this Act under this heading in accordance with the 
guidance provided in the Joint Explanatory Statement of the 
Committee of the Conference for the Conference Report to 
accompany H.R. 4613 and these projects shall hereafter be 
considered to be authorized by law: Provided further, That of 
the funds provided under this heading that are available for 
commercial imagery purchases, $500,000 shall be used by the 
National Geospatial-Intelligence Agency to pay for imagery and 
high-resolution terrain data collected in 2003 in support of 
the California wildfires: Provided further, That of the funds 
provided under this heading not less than $27,000,000 shall be 
made available for the Procurement Technical Assistance 
Cooperative Agreement Program, of which not less than 
$3,600,000 shall be available for centers defined in 10 U.S.C. 
2411(1)(D): Provided further, That none of the funds 
appropriated or otherwise made available by this Act may be 
used to plan or implement the consolidation of a budget or 
appropriations liaison office of the Office of the Secretary of 
Defense, the office of the Secretary of a military department, 
or the service headquarters of one of the Armed Forces into a 
legislative affairs or legislative liaison office: Provided 
further, That $4,000,000, to remain available until expended, 
is available only for expenses relating to certain classified 
activities, and may be transferred as necessary by the 
Secretary to operation and maintenance appropriations or 
research, development, test and evaluation appropriations, to 
be merged with and to be available for the same time period as 
the appropriations to which transferred: Provided further, That 
any ceiling on the investment item unit cost of items that may 
be purchased with operation and maintenance funds shall not 
apply to the funds described in the preceding proviso: Provided 
further, That the transfer authority provided under this 
heading is in addition to any other transfer authority provided 
elsewhere in this Act.

           *       *       *       *       *       *       *


                               TITLE VIII

GENERAL PROVISIONS

           *       *       *       *       *       *       *


                          (TRANSFER OF FUNDS)

  Sec. 8005. Upon determination by the Secretary of Defense 
that such action is necessary in the national interest, he may, 
with the approval of the Office of Management and Budget, 
transfer not to exceed [$3,500,000,000] $5,500,000,000 of 
working capital funds of the Department of Defense or funds 
made available in this Act to the Department of Defense for 
military functions (except military construction) between such 
appropriations or funds or any subdivision thereof, to be 
merged with and to be available for the same purposes, and for 
the same time period, as the appropriation or fund to which 
transferred: Provided, That such authority to transfer may not 
be used unless for higher priority items, based on unforeseen 
military requirements, than those for which originally 
appropriated and in no case where the item for which funds are 
requested has been denied by the Congress: Provided further, 
That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority or 
any other authority in this Act: Provided further, That no part 
of the funds in this Act shall be available to prepare or 
present a request to the Committees on Appropriations for 
reprogramming of funds, unless for higher priority items, based 
on unforeseen military requirements, than those for which 
originally appropriated and in no case where the item for which 
reprogramming is requested has been denied by the Congress: 
Provided further, That a request for multiple reprogrammings of 
funds using authority provided in this section must be made 
prior to June 30, 2005: Provided further, That transfers among 
military personnel appropriations shall not be taken into 
account for purposes of the limitation on the amount of funds 
that may be transferred under this section.

           *       *       *       *       *       *       *


                     (INCLUDING TRANSFER OF FUNDS)

  Sec. 8090. (a) * * *
  (b) Of the amounts appropriated in this Act under the 
heading, ``Operation and Maintenance, Army'', [$185,000,000] 
$210,000,000 shall remain available until expended:  * * *

           *       *       *       *       *       *       *

                              ----------                              


SECTION 1201 OF THE RONALD W. REAGAN NATIONAL DEFENSE AUTHORIZATION ACT 
                          FOR FISCAL YEAR 2005

SEC. 1201. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

  (a) Fiscal Year 2005 Authority.--During fiscal year 2005, 
from funds made available to the Department of Defense for 
operation and maintenance pursuant to title XV, not to exceed 
[$500,000,000] $854,000,000 may be used to provide funds--
          (1) * * *

           *       *       *       *       *       *       *

                              ----------                              


SECTION 1096 OF THE INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 
                                  2004

SEC. 1096. TRANSITIONAL AUTHORITIES.

  (a) * * *
  (b) Transfer of Personnel.--In addition to any other 
authorities available under law for such purposes, [in the 
fiscal year after the effective date of this Act] during fiscal 
years 2005 and 2006, the Director of National Intelligence--
          (1) is authorized within the Office of the Director 
        of National Intelligence [500 new personnel billets] a 
        total of 500 new personnel positions; and

           *       *       *       *       *       *       *

                              ----------                              


TITLE 10, UNITED STATES CODE

           *       *       *       *       *       *       *


SUBTITLE A--General Military Law

           *       *       *       *       *       *       *


PART II--PERSONNEL

           *       *       *       *       *       *       *


CHAPTER 53--MISCELLANEOUS RIGHTS AND BENEFITS

           *       *       *       *       *       *       *


Sec. 1051a. Coalition liaison officers: administrative services and 
                    support; travel, subsistence, and other personal 
                    expenses

  (a) * * *

           *       *       *       *       *       *       *

  (e) Expiration of Authority.--The authority under this 
section shall expire on [September 30, 2005] December 31, 2005.

           *       *       *       *       *       *       *


CHAPTER 75--DECEASED PERSONNEL

           *       *       *       *       *       *       *


SUBCHAPTER II--DEATH BENEFITS

           *       *       *       *       *       *       *


Sec. 1478. Death gratuity: amount

  (a) The death gratuity payable under sections 1475 through 
1477 of this title shall be [$12,000 (as adjusted under 
subsection (c))] $100,000. For this purpose:
          (1) * * *

           *       *       *       *       *       *       *

  [(c) Effective on the date on which rates of basic pay under 
section 204 of title 37 are increased under section 1009 of 
that title or any other provision of law, the amount of the 
death gratuity in effect under subsection (a) shall be 
increased by the same overall average percentage of the 
increase in the rates of basic pay taking effect on that date.]

           *       *       *       *       *       *       *

                              ----------                              


                 CONSOLIDATED APPROPRIATIONS ACT, 2005

(Public Law 108-447)

           *       *       *       *       *       *       *


DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, 
AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

           *       *       *       *       *       *       *


TITLE III--THE JUDICIARY

           *       *       *       *       *       *       *


  Sec. 308. For fiscal year 2005 and hereafter, such fees as 
shall be collected for the processing of violations through the 
Central Violations Bureau cases as prescribed by the Judicial 
Conference of the United States shall be deposited [to the 
``Courts of Appeals, District Courts, and Other Judicial 
Services, Salaries and Expenses'' appropriation to be used for 
salaries and other expenses.] 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.

           *       *       *       *       *       *       *


                      TITLE VI--GENERAL PROVISIONS

(INCLUDING RESCISSIONS)

           *       *       *       *       *       *       *


  Sec. 619. (a) For additional amounts under the heading 
``Small Business Administration, Salaries and Expenses'', 
$500,000 shall be available for the Adelante Development 
Center, Inc.; $150,000 shall be available for the Advanced 
Polymer Processing Institute; $150,000 shall be available for 
the Alaska Procurement Technical Assistance Center; $250,000 
shall be available for Business and Professional Women of 
Alaska; $75,000 shall be available for the Center for Applied 
Research and Economic Development at the University of Southern 
Indiana; $300,000 shall be available for the Center for 
Emerging Technologies; $225,000 shall be available for the 
Center for Entrepreneurship and Technology at the Nevada 
Commission for Economic Development; $100,000 shall be 
available for the Central Connecticut State University 
Institute of Technology and Business Development; $600,000 
shall be available for the Des Moines Higher Education 
Pappajohn Center; $150,000 shall be available for the East 
Central Indiana Business Incubator at Ball State University; 
$100,000 shall be available for the Entrepreneurial Venture 
Assistance Demonstration Project at the Iowa Department of 
Economic Development; $75,000 shall be available for the Idaho 
Virtual Incubator at Lewis-Clark State College for an E-
Commerce Certification program; $600,000 shall be available for 
the Industrial Outreach Service at Mississippi State 
University; $2,000,000 shall be available for the Innovation 
and Commercialization Center at the University of Southern 
Mississippi; $100,000 shall be available for the Kennebec 
Valley Council of Governments' Business Development Program; 
$100,000 shall be available for the Knoxville College Small 
Business Incubator Program; $250,000 shall be available for the 
Louisiana State University Law School's Latin American 
Commercial Law Program; $250,000 shall be available for the 
Minority Business Development Center at Alcorn State 
University; $600,000 shall be available for the Mississippi 
Technology Alliance; $200,000 shall be available for the 
Montana Department of Commerce for a State government 
information sharing initiative; $125,000 shall be available for 
the Myrtle Beach International Trade and Convention Center; 
$250,000 shall be available for the Nanotechnology Research 
Program at the Oregon Health and Science University; $550,000 
shall be available for the New Product Development and 
Commercialization Center for Rural Manufacturers; $125,000 
shall be available for the New Hampshire Women's Business 
Center; $500,000 shall be available for Operation Safe 
Commerce; $200,000 shall be available for the Southern 
University Foundation's Martin Luther King Initiative; $75,000 
shall be available for Technology 2020; $1,000,000 shall be 
available for the Technology Venture Center/InvestNet 
Partnership for Alaska and Montana; $500,000 shall be available 
for the Textile Marking System; $300,000 shall be available for 
the Towson University International Business Incubator; 
$1,000,000 shall be available for the Tuck School of Business/
MBDA Partnership; $325,000 shall be available for the 
University of Colorado Nanotechnology and Characterization 
Facility; $8,000,000 shall be available for the University of 
South Carolina Thomas Cooper Library; $100,000 shall be 
available for the Virginia Electronic Commerce Technology 
Center at Christopher Newport University; $125,000 shall be 
available for the Women's Business Development Center in 
Stamford, Connecticut; and $100,000 shall be available for the 
World Trade Center of Greater Philadelphia; $50,000 shall be 
available for a grant to the Center for Excellence in 
Education; $100,000 shall be available for a grant to The Cedar 
Creek Battlefield Foundation; $100,000 shall be available for a 
grant to Belle Grove Plantation; $150,000 shall be available 
for a grant to the City of Manassas Park for economic 
development; $100,000 shall be available for a grant to the 
Shenandoah Valley Travel Association; $1,200,000 shall be 
available for a grant to Shenandoah University to develop a 
facility for a business program; $115,000 shall be available 
for a grant to Economic Alliance Houston Port Region; $20,000 
shall be available for a grant to the Town of South Boston, 
Virginia, for small business development; $100,000 shall be 
available for a grant to Patrick Henry Community College for a 
workforce training program; $100,000 shall be available for a 
grant for Danville Community College for a workforce training 
program; $1,000,000 shall be available for a grant to the 
University of Illinois for the Information Trust Institute 
initiative; $500,000 shall be available for a grant to 
Wittenberg University for a technology initiative; $500,000 
shall be available for a grant to the Dayton Development 
Coalition; $250,000 shall be available for a grant for REI 
Rural Business Resources Center in Seminole, Oklahoma; $50,000 
shall be available for a grant to Experience Works to expand 
opportunities for older workers; $50,000 shall be available for 
a grant to Project Listo for workforce development and 
procurement opportunities; $100,000 shall be available for a 
grant to North Iowa Area Community College for a small business 
incubator; $450,000 shall be available for a grant to 
California State University, in San Bernardino, California, for 
development of the Center for the Commercialization of Advanced 
Technology; $50,000 shall be available for a grant to Rowan 
University for a workforce training program; $200,000 shall be 
available for a grant to the Freeport Downtown Development 
Foundation for a small business economic development 
initiative; $1,500,000 shall be available for a grant to the 
Rockford Area Convention and Visitors Bureau for a 
manufacturing program; $200,000 shall be available for a grant 
to Jefferson County Development Council; $200,000 shall be 
available for a grant to Clearfield County Economic Development 
Corporation; $500,000 shall be available for a grant to the 
Columbus College of Art and Design for facilities development 
to build partnerships with businesses; $115,000 shall be 
available for a grant to Ohio Business Connection; $1,000,000 
shall be available for a grant to the Southern and Eastern 
Kentucky Tourism Development Association; $500,000 shall be 
available for a grant to the Bridgeport Regional Business 
Council for an economic integration initiative; $100,000 shall 
be available for a grant to Cedarbridge Development Corporation 
for a redevelopment initiative; $900,000 shall be available for 
a grant to Western Carolina University for a computer 
engineering program; $100,000 shall be available for a grant to 
[Asheville-Buncombe Technical Community College] the 
International Small Business Institute for an economic 
development initiative; $100,000 shall be available for a grant 
to Jubilee Homes for the Southwest Economic Business Resource 
Center; $400,000 shall be available for a grant for the Connect 
the Valley initiative; $400,000 shall be available for a grant 
to the University of Tennessee Corridor Initiative; $500,000 
shall be available for a grant to the Illinois Institute for 
Technology to examine and assess advancements in 
biotechnologies; $250,000 shall be available for a grant to the 
City of Largo, Florida, for business information; $250,000 
shall be available for a grant to Pro Co Technology, Inc., in 
the Bronx, New York, for a computer training center; $50,000 
shall be available for a grant for the Promesa Foundation in 
the Bronx, New York, to provide community growth funding; 
$200,000 shall be available for a grant to Bronx Shepherds for 
community programs; $150,000 shall be available for a grant to 
HOGAR, Inc., in the Bronx, New York; $200,000 shall be 
available for a grant to Promesa Enterprises to provide 
services and support to community based organizations in the 
Bronx, New York; $200,000 for the Arthur Avenue Retail Market 
in the Bronx, New York, for facility, improvement, and 
maintenance needs to meet the Market's business requirements; 
$200,000 shall be available for a grant to Pregones Theater in 
the Bronx, New York, for business infrastructure; $200,000 
shall be available for a grant to Presbyterian Senior Services 
for their Grandparent Family Apartments project and programs in 
the Bronx, New York; $100,000 shall be available for a grant to 
Thorpe Family Residence, Inc., to continue its services and 
programs in the Bronx, New York; $100,000 shall be available 
for a grant to the Puerto Rican Traveling Theater in the Bronx, 
New York, for outreach and programs; $100,000 shall be 
available for Casita Maria's Career and College Placement 
Preparation to be implemented in coordination with business 
partners in New York City; $1,100,000 shall be available for a 
grant to the MountainMade Foundation to fulfill its charter 
purposes and to continue the initiative developed by the NTTC 
for outreach and promotion, business and sites development, the 
education of artists and craftspeople, and to promote small 
businesses, artisans and their products through market 
development, advertisement, commercial sale and other 
promotional means; $1,000,000 shall be available for a grant 
for Northwest Shoals Community College to complete the Center 
for Business and Industry; $1,000,000 shall be available for 
the Rhode Island School of Design in Providence, Rhode Island[, 
for the continued modernization of the Mason Building]; 
$1,000,000 shall be available for a grant to the Norwegian 
American Foundation to fulfill its charter purposes; $750,000 
shall be available for a grant to St. Mary's College for a 
telecommunications initiative; $400,000 shall be available for 
a grant to the Economic Growth Council Procurement Assistance 
Program; $500,000 shall be available for a grant to Johnstown 
Area Regional Industries in Pennsylvania for an enhanced 
economic development initiative; $300,000 shall be available 
for a grant to the Good Old Lower East Side organization for a 
small business economic development initiative for the Lower 
East Side, New York; $200,000 shall be available for a grant 
for the Sunnyside Chamber of Commerce to conduct a 
redevelopment study for Sunnyside, Queens, New York, and to 
implement improvements.

           *       *       *       *       *       *       *


   DIVISION C--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2005

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

  The following appropriations shall be expended under the 
direction of the Secretary of the Army and the supervision of 
the Chief of Engineers for authorized civil functions of the 
Department of the Army pertaining to rivers and harbors, flood 
control, shore protection and storm damage reduction, aquatic 
ecosystem restoration, and related purposes.

           *       *       *       *       *       *       *


                       OPERATION AND MAINTENANCE

  For expenses necessary for the operation, maintenance, and 
care of existing river and harbor, flood and storm damage 
reduction, aquatic ecosystem restoration, and related projects 
authorized by law; for the benefit of federally listed species 
to address the effects of civil works projects owned or 
operated by the United States Army Corps of Engineers; for 
providing security for infrastructure owned and operated by, or 
on behalf of, the United States Army Corps of Engineers, 
including administrative buildings and facilities, 
laboratories, and the Washington Aqueduct; for the maintenance 
of harbor channels provided by a State, municipality, or other 
public agency that serve essential navigation needs of general 
commerce, where authorized by law; and for surveys and charting 
of northern and northwestern lakes and connecting waters, 
clearing and straightening channels, and removal of 
obstructions to navigation, $1,959,101,000, to remain available 
until expended, of which such sums as are necessary to cover 
the Federal share of operation and maintenance costs for 
coastal harbors and channels shall be derived from the Harbor 
Maintenance Trust Fund, pursuant to Public Law 99-662 may be 
derived from that fund; of which such sums as become available 
from the special account for the United States Army Corps of 
Engineers established by the Land and Water Conservation Act of 
1965, as amended (16 U.S.C. 460l-6a(i)), may be derived from 
that account for resource protection, research, interpretation, 
and maintenance activities related to resource protection in 
the areas at which outdoor recreation is available; and of 
which such sums as become available under section 217 of the 
Water Resources Development Act of 1996, Public Law 104-303, 
shall be used to cover the cost of operation and maintenance of 
the dredged material disposal facilities for which fees have 
been collected: Provided, That utilizing funds appropriated 
herein, for the Intracoastal Waterway, Delaware River to 
Chesapeake Bay, Delaware and Maryland, the Secretary of the 
Army, acting through the Chief of Engineers, is directed to 
reimburse the State of Delaware for normal operation and 
maintenance costs incurred by the State of Delaware for the SR1 
Bridge from station 58+00 to station 293+00 between October 1, 
2003, and September 30, 2004: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, 
is directed to use funds appropriated herein to rehabilitate 
the existing dredged material disposal site for the project for 
navigation, Bodega Bay Harbor, California, and to continue 
maintenance dredging of the Federal channel: Provided further, 
That the Secretary shall make suitable material excavated from 
the Bodega Bay Harbor, California, disposal site as part of the 
rehabilitation effort available to the non-Federal sponsor, at 
no cost to the Federal Government, for use by the non-Federal 
sponsor in the development of public facilities: Provided 
further, That the Secretary of the Army, acting through the 
Chief of Engineers, is authorized to undertake, at full Federal 
expense, a detailed evaluation of the Albuquerque levees for 
purposes of determining structural integrity, impacts of 
vegetative growth, and performance under current hydrological 
conditions: Provided further, That using $175,000 provided 
herein, the Secretary of the Army, acting through the Chief of 
Engineers is authorized to remove the sunken vessel State of 
Pennsylvania from the Christina River in Delaware: Provided 
further, That the Corps of Engineers shall not allocate any 
funds to deposit dredged material along the Laguna Madre 
portion of the Gulf Intracoastal Waterway except at the 
placement areas specified in the Dredged Material Management 
Plan in section 2.11 of the Final Environmental Impact 
Statement for Maintenance Dredging of the Gulf Intracoastal 
Waterway, Laguna Madre, Texas, Nueces, Kleberg, Kenedy, 
Willacy, and Cameron Counties, Texas, prepared by the Corps of 
Engineers dated September 2003: Provided further, That nothing 
in the above proviso shall prevent the Corps of Engineers from 
performing necessary maintenance operations along the Gulf 
Intracoastal Waterway if the following conditions are met: if 
the Corps proposes to use any placement areas that are not 
currently specified in the Dredged Material Management Plan and 
failure to use such alternative placement areas will result in 
the closure of any segment of the Gulf Intracoastal Waterway, 
then such proposal shall be analyzed in an Environmental Impact 
Statement (EIS) and comply with all other applicable 
requirements of the National Environmental Policy Act, 42 
U.S.C. 4321 et seq., and all other applicable State and Federal 
laws, including the Clean Water Act, 33 U.S.C. 1251 et seq., 
the Endangered Species Act, 16 U.S.C. 1531 et seq., and the 
Coastal Zone Management Act, 16 U.S.C. 1451 et seq.: Provided 
further, That, of the funds made available, $7,000,000 is to be 
used to perform work authorized in section 136 of Public Law 
[108-357] 108-137.

           *       *       *       *       *       *       *


                           GENERAL PROVISIONS

                       CORPS OF ENGINEERS--CIVIL

  Sec. 101. Beginning in fiscal year 2005 and thereafter, 
agreements proposed for execution by the Assistant Secretary of 
the Army for Civil Works or the United States Army Corps of 
Engineers after the date of the enactment of this Act pursuant 
to section 4 of the Rivers and Harbor Act of 1915, Public Law 
64-291; section 11 of the River and Harbor Act of 1925, Public 
Law 68-585; the Civil Functions Appropriations Act, 1936, 
Public Law 75-208; section 215 of the Flood Control, Act of 
1968, as amended, Public Law 90-483; sections 104, 203, and 204 
of the Water Resources Development Act of 1986, as amended, 
Public Law 99-662; section 206 of the Water Resources 
Development Act of 1992, as amended, Public Law 102-580; 
section 211 of the Water Resources Development Act of 1996, 
Public Law 104-303; and any other specific project authority, 
shall be limited to credits and reimbursements [per project not 
to exceed $10,000,000 in each fiscal year, and total credits 
and reimbursements for all applicable projects not to exceed 
$50,000,000 in each fiscal year, except that for environmental 
infrastructure projects, the $10,000,000 limitation shall apply 
to each State wherein such projects are undertaken.] for all 
applicable programs and projects not to exceed $80,000,000 in 
each fiscal year.

           *       *       *       *       *       *       *


                                TITLE II

                       DEPARTMENT OF THE INTERIOR

Central Utah Project

           *       *       *       *       *       *       *


                      WATER AND RELATED RESOURCES

                     (INCLUDING TRANSFER OF FUNDS)

  For management, development, and restoration of water and 
related natural resources and for related activities, including 
the operation, maintenance, and rehabilitation of reclamation 
and other facilities, participation in fulfilling related 
Federal responsibilities to Native Americans, and related 
grants to, and cooperative and other agreements with, State and 
local governments, Indian tribes, and others, $859,481,000, to 
remain available until expended, of which $53,299,000 shall be 
available for transfer to the Upper Colorado River Basin Fund 
and $33,794,000 shall be available for transfer to the Lower 
Colorado River Basin Development Fund; of which such amounts as 
may be necessary may be advanced to the Colorado River Dam 
Fund; of which not more than $500,000 is for high priority 
projects which shall be carried out by the Youth Conservation 
Corps, as authorized by 16 U.S.C. 1706: Provided further, That 
such transfers may be increased or decreased within the overall 
appropriation under this heading: Provided further, That of the 
total appropriated, the amount for program activities can be 
financed by the Reclamation Fund or the Bureau of Reclamation 
special fee account established by 16 U.S.C. 460l-6a(i) shall 
be derived from that Fund or account: Provided further, That 
funds contributed under 43 U.S.C. 395 are available until 
expended for the purposes for which contributed: Provided 
further, That $250,000 is provided under the Weber Basin 
project for the Park City, Utah feasibility study: Provided 
further, That funds advanced under 43 U.S.C. 397a shall be 
credited to this account and are available until expended for 
the same purposes as the sums appropriated under this heading: 
Provided further, That funds available for expenditure for the 
Departmental Irrigation Drainage Program may be expended by the 
Bureau of Reclamation for site remediation on a non-
reimbursable basis: 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).

           *       *       *       *       *       *       *


                               TITLE III

                          DEPARTMENT OF ENERGY

ENERGY PROGRAMS

           *       *       *       *       *       *       *


                         Nuclear Waste Disposal

  For nuclear waste disposal activities to carry out the 
purposes of Public Law 97-425, as amended, including the 
acquisition of real property or facility construction or 
expansion, $346,000,000, to be derived from the Nuclear Waste 
Fund and to remain available until expended: Provided, That of 
the funds made available in this Act for Nuclear Waste 
Disposal, $2,000,000 shall be provided to the State of Nevada 
solely for expenditures, other than salaries and expenses of 
State employees, to conduct scientific oversight 
responsibilities and participate in licensing activities 
pursuant to the Nuclear Waste Policy Act of 1982, Public Law 
97-425, as amended: Provided further, That $8,000,000 shall be 
provided to affected units of local governments, as defined in 
Public Law 97-425, [to conduct scientific oversight 
responsibilities and participate in licensing activities 
pursuant to the Act] to participate in licensing activities and 
other appropriate activities pursuant to the Act: Provided 
further, That the distribution of the funds as determined by 
the units of local government shall be approved by the 
Department of Energy: Provided further, That the funds for the 
State of Nevada shall be made available solely to the Nevada 
Division of Emergency Management by direct payment and units of 
local government by direct payment: Provided further, That 
within 90 days of the completion of each Federal fiscal year, 
the Nevada Division of Emergency Management and the Governor of 
the State of Nevada and each local entity shall provide 
certification to the Department of Energy that all funds 
expended from such payments have been expended for activities 
authorized by Public Law 97-425 and this Act: Provided further, 
That failure to provide such certification shall cause such 
entity to be prohibited from any further funding provided for 
similar activities: Provided further, That none of the funds 
herein appropriated may be: (1) used directly or indirectly to 
influence legislative action on any matter pending before 
Congress or a State legislature or for lobbying activity as 
provided in 18 U.S.C. 1913; (2) used for litigation expenses; 
or (3) used to support multi-State efforts or other coalition 
building activities inconsistent with the restrictions 
contained in this Act: Provided further, That all proceeds and 
recoveries realized by the Secretary in carrying out activities 
authorized by the Nuclear Waste Policy Act of 1982, Public Law 
97-425, as amended, including but not limited to, any proceeds 
from the sale of assets, shall be available without further 
appropriation and shall remain available until expended.

           *       *       *       *       *       *       *


DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
APPROPRIATIONS ACT, 2005

           *       *       *       *       *       *       *


TITLE V--GENERAL PROVISIONS

           *       *       *       *       *       *       *


                       WEST BANK AND GAZA PROGRAM

  Sec. 559. (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


      DIVISION E--DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES 
APPROPRIATIONS ACT, 2005

           *       *       *       *       *       *       *


TITLE I--DEPARTMENT OF THE INTERIOR

           *       *       *       *       *       *       *


  Sec. 144. (a) * * *
  (b) Transfer of Administrative Jurisdiction, Bureau of Land 
Management Land, Clark County, Nevada.--
          (1) * * *
          (2) Description of land.--The parcel of land referred 
        to in paragraph (1) is the approximately 150 acres of 
        Bureau of Land Management land in Clark County, Nevada, 
        as generally depicted on the map entitled ``Veterans 
        Administration Conveyance'' and dated [September 24, 
        2004] November 12, 2004.

           *       *       *       *       *       *       *


DIVISION H--TRANSPORTATION, TREASURY, INDEPENDENT AGENCIES, AND GENERAL 
                  GOVERNMENT APPROPRIATIONS ACT, 2005

                                TITLE I

DEPARTMENT OF TRANSPORTATION

           *       *       *       *       *       *       *


            General Provisions--Department of Transportation

(INCLUDING TRANSFERS OF FUNDS)

           *       *       *       *       *       *       *


  Sec. 198. For the purpose of any applicable law under title 
23 of the United States Code, for fiscal years 2004 and 2005, 
the city of Norman, Oklahoma, shall be considered to be part of 
the Oklahoma City urbanized area.

           *       *       *       *       *       *       *


   DIVISION I--DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN 
DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2005

           *       *       *       *       *       *       *


TITLE I--DEPARTMENT OF VETERANS AFFAIRS

           *       *       *       *       *       *       *


  Sec. 114. None of the funds made available to the Department 
in this Act, or any other Act, may be used to implement 
sections 2 and 5 of Public Law 107-287 and section 303 of 
Public Law 108-422.

           *       *       *       *       *       *       *

  Sec. 117. Notwithstanding any other provision of law, at the 
discretion of the Secretary of Veterans Affairs, proceeds or 
revenues derived from enhanced-use leasing activities 
(including disposal) [that are deposited into the Medical Care 
Collections Fund may be transferred and merged with] may be 
deposited into the ``Construction, major projects'' and 
``Construction, minor projects'' accounts and be used for 
construction (including site acquisition and disposition), 
alterations and improvements of any medical facility under the 
jurisdiction or for the use of the Department of Veterans 
Affairs. Such sums as realized are in addition to the amount 
provided for in ``Construction, major projects'' and 
``Construction, minor projects''.

           *       *       *       *       *       *       *


TITLE III--INDEPENDENT AGENCIES

           *       *       *       *       *       *       *


             Corporation for National and Community Service

       NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

  For necessary expenses for the Corporation for National and 
Community Service (the ``Corporation'') in carrying out 
programs, activities, and initiatives under the National and 
Community Service Act of 1990 (the ``Act'') (42 U.S.C. 12501 et 
seq.), $545,884,000, to remain available until September 30, 
2006: Provided, That not more than $290,000,000 of the amount 
provided under this heading shall be available for grants under 
the National Service Trust Program authorized under subtitle C 
of title I of the Act (42 U.S.C. 12571 et seq.) (relating to 
activities of the AmeriCorps program), including grants to 
organizations operating projects under the AmeriCorps Education 
Awards Program (without regard to the requirements of sections 
121(d) and (e), section 131(e), section 132, and sections 
140(a), (d), and (e) of the Act): Provided further, That not 
less than $144,000,000 of the amount provided under this 
heading, to remain available without fiscal year limitation, 
shall be transferred to the National Service Trust for 
educational awards authorized under subtitle D of title I of 
the Act (42 U.S.C. 12601), of which up to $3,900,000 shall be 
available to support national service scholarships for high 
school students performing community service, and of which 
$13,000,000 shall be held in reserve as defined in Public Law 
108-45: Provided further, That in addition to amounts otherwise 
provided to the National Service Trust under the second 
proviso, the Corporation may transfer funds from the amount 
provided under the first proviso, to the National Service Trust 
authorized under subtitle D of title I of the Act (42 U.S.C. 
12601) upon determination that such transfer is necessary to 
support the activities of national service participants and 
after notice is transmitted to Congress: Provided further, That 
of the amount provided under this heading for grants under the 
National Service Trust program authorized under subtitle C of 
title I of the Act, not more than $55,000,000 may be used to 
administer, reimburse, or support any national service program 
authorized under section 121(d)(2) of such Act (42 U.S.C. 
12581(d)(2)): Provided further, That not more than $13,334,000 
shall be available for quality and innovation activities 
authorized under subtitle H of title I of the Act (42 U.S.C. 
12853 et seq.), of which $4,000,000 shall be available for 
challenge grants to non-profit organizations: Provided further, 
That notwithstanding subtitle H of title I of the Act (42 
U.S.C. 12853), none of the funds provided under the previous 
proviso shall be used to support salaries and related expenses 
(including travel) attributable to Corporation employees: 
Provided further, That to the maximum extent feasible, funds 
appropriated under subtitle C of title I of the Act shall be 
provided in a manner that is consistent with the 
recommendations of peer review panels in order to ensure that 
priority is given to programs that demonstrate quality, 
innovation, replicability, and sustainability: Provided 
further, That $25,500,000 of the funds made available under 
this heading shall be available for the Civilian Community 
Corps authorized under subtitle E of title I of the Act (42 
U.S.C. 12611 et seq.): Provided further, That $43,000,000 shall 
be available for school-based and community-based service-
learning programs authorized under subtitle B of title I of the 
Act (42 U.S.C. 12521 et seq.): Provided further, That 
$3,550,000 shall be available for audits and other evaluations 
authorized under section 179 of the Act (42 U.S.C. 12639): 
Provided further, That $10,000,000 of the funds made available 
under this heading shall be made available for the Points of 
Light Foundation for activities authorized under title III of 
the Act (42 U.S.C. 12661 et seq.), of which not more than 
$2,500,000 may be used to support an endowment fund, the corpus 
of which shall remain intact and the interest income from which 
shall be used to support activities described in title III of 
the Act, provided that the Foundation may invest the corpus and 
income in federally insured bank savings accounts or comparable 
interest bearing accounts, certificates of deposit, money 
market funds, mutual funds, obligations of the United States, 
and other market instruments and securities but not in real 
estate investments: Provided further, That no funds shall be 
available for national service programs run by Federal agencies 
authorized under section 121(b) of such Act (42 U.S.C. 
12571(b)): Provided further, That $4,500,000 of the funds made 
available under this heading shall be made available to 
America's Promise--The Alliance for Youth, Inc.: Provided 
further, That to the maximum extent practicable, the 
Corporation shall increase significantly the level of matching 
funds and in-kind contributions provided by the private sector, 
and shall reduce the total Federal costs per participant in all 
programs: 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.

           *       *       *       *       *       *       *

                              ----------                              


DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2004

                   (Division B of Public Law 108-199)

DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, 
             AND RELATED AGENCIES APPROPRIATIONS ACT, 2004

AN ACT Making appropriations for the Departments of Commerce, Justice, 
  and State, the Judiciary, and related agencies for the fiscal year 
           ending September 30, 2004, and for other purposes.
That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2004, and for other purposes, namely:

           *       *       *       *       *       *       *


                      TITLE VI--GENERAL PROVISIONS

(INCLUDING RESCISSIONS)

           *       *       *       *       *       *       *


  Sec. 621. For additional amounts under the heading ``Small 
Business Administration, Salaries and Expenses'', $1,592,000 
shall be available for the Advanced and Applied Polymer 
Processing Institute; $500,000 shall be available for Northeast 
South Dakota Tech-Based Skills Development; $750,000 shall be 
available for the Southern Methodist University Law School Rule 
of Law; $1,000,000 shall be available for the Accelerated 
Entrepreneur ``AcE'' Program; $500,000 shall be available for 
the National Mass Fatalities Institute; $1,000,000 shall be 
available for the Textile Tracers Program; $500,000 shall be 
available for the Maryland Technology-Based Rural Business 
Incubation Initiative; $1,000,000 shall be available for the 
Northeast Indiana Innovation Center; $750,000 shall be 
available for the Lewis and Clark Bicentennial Bi-State Safety 
Project; $1,000,000 shall be available for the Greenville 
Automotive Research Park; $1,000,000 shall be available for the 
Indiana University Kokomo Business Incubator; $1,593,000 shall 
be available for the Tuck School of Business for its 
partnership with the Minority Business Development 
Administration; $500,000 shall be available for Project 
Restore; $325,000 shall be available for the School of the 
Building Arts Trade Program; $500,000 shall be available for 
the South Carolina Export Consortium; $500,000 shall be 
available for the Freewoods Farm Living Farm Museum in Horry 
County, South Carolina; $1,590,000 shall be available for the 
Alaska InvestNet/Technology Venture Center and Tech Ranch in 
Montana; $1,000,000 shall be available for Youth and Family 
with Promises; $500,000 shall be available for the Wisconsin 
Procurement Institute; $1,000,000 shall be available for the 
Next Generation Economy Initiative; $1,000,000 shall be 
available for the Westside Intercept Project; $250,000 shall be 
available for the International Trade Data Network; $1,000,000 
shall be available for the University of Missouri-St. Louis 
Information Technology Incubator Project; $750,000 shall be 
available for the Idaho Virtual Incubator/Lewis-Clark State 
College; $850,000 shall be available for the UNI Student 
Business Incubator; $1,500,000 shall be available for the 
promotion and operation of the grant to the Adelante 
Development Center, Inc., in Albuquerque, New Mexico; $250,000 
shall be available for the Mississippi Delta Technology 
Council; $2,250,000 shall be available for a grant to the 
Virginia Community College System (VCCS) for improvement of 
distance learning programs; $175,000 shall be available for a 
grant to the Loudoun Convention and Visitors Association in 
Virginia; $100,000 shall be available for a grant to The Cedar 
Creek Battlefield Foundation; $100,000 shall be available for a 
grant to Belle Grove Plantation; $750,000 shall be available 
for a grant to Shenandoah University to develop a historical 
and tourism development facility; $1,000,000 shall be available 
for a grant to the Northern Virginia Technology Council for a 
technology entrepreneurship development and resource center; 
$100,000 shall be available for a grant to the Washington 
Airports Task Force to promote small business growth [of 
passenger, cargo and other aviation services]; $100,000 shall 
be available for a grant to Team Northeast Ohio; $500,000 shall 
be available for a grant to Wilberforce University for a 
technology initiative; $250,000 shall be available for a grant 
for REI Rural Business Resources Center in Seminole, Oklahoma; 
$1,100,000 shall be available for a grant to Iowa State 
University for the development of a research park biologics 
facility; $200,000 shall be available for a grant to the 
Clarion County Economic Development Corporation; $200,000 shall 
be available for a grant to the Venango Economic Development 
Corporation; $900,000 shall be available for a grant to the 
Illinois Institute of Technology to examine and assess 
advancements in biotechnologies; $1,000,000 shall be available 
for the Illinois Coalition for technology development 
assistance activities; $200,000 shall be available for a grant 
for the Port of Benton for the planning of a science and 
technology park in Richland, Washington; $1,500,000 shall be 
available for a grant to Rockford Area Ventures, Rockford, 
Illinois, to establish a small manufacturing business incubator 
and technology research and development center; $100,000 shall 
be available for a grant to Western Kentucky University for a 
business incubator; $200,000 shall be available for a grant for 
the Chicago Field Museum for a collections resource center; 
$100,000 shall be available for a grant for the Purdue 
University School of Pharmacy for the development of a national 
center for pharmaceutical technology; $100,000 shall be 
available for a grant to the Cedarbridge Development Urban 
Renewal Corporation for facilities development; $100,000 shall 
be available for a grant for Concourse Village in the Bronx, 
New York; $500,000 shall be available for a grant to Pro Co 
Technology Computer Training Center in the Bronx, New York, for 
a computer learning center; $200,000 shall be available for a 
grant for the Promesa Foundation in South Bronx, New York, to 
provide community growth funding; $560,000 shall be available 
for a grant to Bronx Shepherds for a community resource center; 
$200,000 shall be available for a grant to HOGAR, Inc., in the 
Bronx, New York; $100,000 shall be available for a grant to the 
Alliance for Community Services for economic development in the 
Bronx, New York; $300,000 shall be available for a grant to 
Promesa Enterprises to provide services and support to 
community based organizations in the Bronx, New York; $300,000 
shall be available for a grant to Bronx Overall Economic 
Development Corporation for technical assistance opportunities 
for businesses; $250,000 shall be available for a grant to St. 
Mary's College for a telecommunications initiative; $1,200,000 
shall be available for a grant to the MountainMade Foundation 
to fulfill its charter purposes and to continue the initiative 
developed by the NTTC for outreach and promotion, business and 
sites development, the education of artists and craftspeople, 
and to promote small businesses, artisans and their products 
through market development, advertisement, commercial sale and 
other promotional means; $100,000 shall be available for the 
Providence, Rhode Island Center for Women and Enterprise for 
small business development programs and infrastructure 
development; $900,000 shall be available for the Rhode Island 
School of Design in Providence, Rhode Island[, for the 
continued modernization of the Mason Building]; $1,200,000 
shall be available for a grant for Northwest Shoals Community 
College to establish a Center for Business and Industry; 
$950,000 shall be available for a grant to the Family and 
Children's Service in Minneapolis, Minnesota for community 
support and development programs; $1,000,000 shall be available 
for a grant to the Wisconsin Procurement Institute to develop 
an electronic based system to provide access and opportunity to 
Federal funding; $200,000 shall be for a grant to the National 
Association of Development Organizations Research Foundation to 
provide training and education assistance to small business 
development finance professionals; $750,000 shall be for a 
grant to the North Carolina Rural Economic Development Center 
for expenses and activities in support of the Capital Access 
Program; $500,000 shall be for a grant for the Women's 
Initiative for Self Employment in San Francisco, California; 
$400,000 shall be for a grant to Johnstown Area Regional 
Industries in Pennsylvania for workforce development training 
programs and Small Business Technology Centers; $400,000 shall 
be for a grant to Seton Hill University for expenses in support 
of the Virtual Entrepreneurial Center; $200,000 shall be for a 
grant to the Economic Growth Connection Paperless Procurement 
Program for the purpose of conducting the program and providing 
financial assistance; $200,000 shall be for a grant for the 
Ridgewood Myrtle Avenue Business Improvement District to 
conduct a redevelopment study and to implement improvements; 
$400,000 shall be for a grant to Progress, Inc., to establish a 
Community Technology Center; $150,000 shall be for a grant for 
UPROSE for the ``Sunset Youth Industries'' project; $415,000 
shall be available for a grant to the Southern and Eastern 
Kentucky Tourism Development Association for continuation of a 
regional tourism promotion initiative; and $300,000 shall be 
for the Arthur Avenue Retail Market in the Bronx, New York, for 
facility, improvement, and maintenance needs to meet the 
Market's business requirements: Provided, That section 625 of 
title I of division B of Public Law 108-7 is amended with 
respect to a grant of: (1) $450,000 to the Bronx Council on the 
Arts by striking ``help promote stabilization of small arts 
organizations'' and inserting ``provide financial assistance to 
small arts organizations to help promote stabilization''; and 
(2) $500,000 to the City of Merrill, Wisconsin by striking all 
that follows after ``Wisconsin'' and inserting ``for the 
capitalization of a business development fund.''.

           *       *       *       *       *       *       *

                              ----------                              


           SECTION 307 OF THE FOREIGN ASSISTANCE ACT OF 1961

  Sec. 307. Withholding of United States Proportionate Share 
for Certain Programs of International Organizations.--(a) 
Notwithstanding any other provision of law, none of the funds 
authorized to be appropriated by this chapter shall be 
available for the United States proportionate share for 
programs for Burma, [Iraq,] North Korea, Syria, Libya, Iran, 
Cuba, or the Palestine Liberation Organization or for projects 
whose purpose is to provide benefits to the Palestine 
Liberation Organization or entities associated with it or at 
the discretion of the President, Communist countries listed in 
section 620(f) of this Act.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 38, UNITED STATES CODE

           *       *       *       *       *       *       *


PART II--GENERAL BENEFITS

           *       *       *       *       *       *       *


CHAPTER 17--HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

           *       *       *       *       *       *       *


Sec. 1703. Contracts for hospital care and medical services in non-
                    Department facilities

  (a) * * *

           *       *       *       *       *       *       *

  (d)(1) * * *
  (2) Amounts collected, by setoff or otherwise, as the result 
of an audit under the program conducted under this subsection 
[shall be available for the purposes] shall be available, 
without fiscal limitation, for the purposes for which funds are 
currently available to the Secretary for medical care and for 
payment to a contractor of a percentage of the amount collected 
as a result of an audit carried out by the contractor.

           *       *       *       *       *       *       *


CHAPTER 19--INSURANCE

           *       *       *       *       *       *       *


SUBCHAPTER III--SERVICEMEMBERS' GROUP LIFE INSURANCE

           *       *       *       *       *       *       *


Sec. 1967. Persons insured; amount

  (a)(1) * * *

           *       *       *       *       *       *       *

  (3)(A) Subject to subparagraphs (B) and (C), the amount for 
which a person is insured under this subchapter is as follows:
          (i) In the case of a member, [$250,000] $400,000 or 
        such lesser amount as the member may elect in 
        increments of $50,000.

           *       *       *       *       *       *       *

  (B)(i) A member may elect in writing to be insured or to 
insure the member's spouse in an amount less than the amount 
provided for under subparagraph (A). The member may not elect 
to insure the member's child in an amount less than $10,000. 
The amount of insurance so elected shall, in the case of a 
[member or spouse] member, be evenly divisible by $50,000 and, 
in the case of a member's spouse, be evenly divisible by 
$10,000.
  (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) In no case may the amount of insurance coverage under 
this subsection of a member's spouse exceed the amount of 
insurance coverage of the member as applicable to such member 
under subparagraph (A)(i).

           *       *       *       *       *       *       *

  (d) Whenever a member has the opportunity to make an election 
under subsection (a) not to be insured under this subchapter, 
or to be insured under this subchapter in an amount less than 
the maximum amount [of $250,000] in effect under subsection 
(a)(3)(A)(i), and at such other times periodically thereafter 
as the Secretary concerned considers appropriate, the Secretary 
concerned shall furnish to the member general information 
concerning life insurance. Such information shall include--
          (1) * * *

           *       *       *       *       *       *       *


Sec. 1977. Veterans' Group Life Insurance

  (a)(1) Veterans' Group Life Insurance shall be issued in the 
amounts specified in section 1967(a) of this title. In the case 
of any individual, the amount of Veterans' Group Life Insurance 
may not exceed the amount of Servicemembers' Group Life 
Insurance coverage continued in force after the expiration of 
the period of duty or travel under section 1967(b) or 1968(a) 
of this title. No person may carry a combined amount of 
Servicemembers' Group Life Insurance and Veterans' Group Life 
Insurance in excess of [$250,000] $400,000 at any one time.
  (2) If any person insured under Veterans' Group Life 
Insurance again becomes insured under Servicemembers' Group 
Life Insurance but dies before terminating or converting such 
person's Veterans' Group Insurance, Veterans' Group Life 
Insurance shall be payable only if such person is insured for 
less than $250,000 under Servicemembers' Group Life Insurance, 
and then only in an amount which, when added to the amount of 
Servicemembers' Group Life Insurance payable, does not exceed 
[$250,000] $400,000.

           *       *       *       *       *       *       *

                              ----------                              


             DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2005

(Public Law 108-335)

           *       *       *       *       *       *       *


TITLE III--GENERAL PROVISIONS

           *       *       *       *       *       *       *


  Sec. 331. The amount appropriated by this Act may be 
increased by no more than [$15,000,000] $42,000,000, to remain 
available until expended, from funds identified in the 
comprehensive annual financial report as the District's fiscal 
year 2004 unexpended general fund surplus. The District may 
obligate and expend these amounts only in accordance with the 
following conditions:
          (1) * * *

           *       *       *       *       *       *       *

          [(5) The amounts may be obligated and expended only 
        if approved by the Committees on Appropriations of the 
        House of Representatives and Senate in advance of any 
        obligation or expenditure.]
          (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.

           *       *       *       *       *       *       *

  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''.

           *       *       *       *       *       *       *




            ADDITIONAL VIEWS OF THE HONORABLE DAVID R. OBEY

    The Administration's $75 billion FY 2005 emergency 
supplemental funding request for the Department of Defense's 
Iraq and Afghanistan operations comes in addition to $25 
billion of emergency spending already provided for this year.
    The Committee worked to craft a bill that will provide our 
troops with the equipment and support they need, including body 
armor, up-armored Humvees, electronic jammers, and a host of 
other force protection gear and equipment repair. However, the 
Administration's request, and to a slightly lesser degree, the 
Committee's bill, remains lacking in one critical area--
accountability.
    For example, the Department's request includes $7 billion 
in funding for two new accounts--the Iraq and Afghanistan 
security forces funds. The Department asked that no 
restrictions be placed on this funding and that the Secretary 
be given discretion to move these funds between any Federal 
accounts--not just Defense Department accounts--that he alone 
chooses. For this $7 billion request, the Department only 
provided two pages of written justification. There is no 
reporting requirement and no oversight provision whatsoever 
mentioned in their request.
    The Committee has rightly restricted this request in its 
bill. I believe it did so because of the Committee's experience 
with the Administration and the Department over the past three 
years.
    Once this supplemental is enacted, Congress will have 
provided this Administration with almost $300 billion for 
military and reconstruction efforts in Afghanistan and Iraq. 
These funds have been provided, by and large, in the amounts 
requested and for the activities proposed by the 
Administration. They have been supplied in a manner that allows 
the Administration, including the Secretary of Defense, 
significant flexibility to address uncertainties. Indeed, the 
Congress has gone beyond what I believe to be reasonable in 
this regard. And what has the Congress received in return?
     A rationale for going to war in Iraq--to stop 
Hussein from using weapons of mass destruction. However, it 
appears that information concerning his weapons capabilities 
was greatly exaggerated.
     An initial Administration estimate that Iraq 
reconstruction would cost between $1 and $2 billion and could 
be financed by Iraqi oil revenues. Yet, to date, Congress has 
appropriated over $20 billion for Iraq reconstruction.
     Administration claims that we would be greeted as 
liberators and that 6 months after the invasion we would could 
begin withdrawing troops. This was, of course, before the Iraqi 
insurgency resulted in 1,500 U.S. troop deaths, thousands 
injured, many more Iraqis killed, and a continuing U.S. troop 
deployment in Iraq of around 150,000.
     A failure to plan that has our troops still 
struggling to protect themselves with scrap metal body armor 
and deal with a myriad of other equipment shortages.
     And finally, an Administration bent on obstructing 
the Congress every time we seek information about the possible 
future costs of this war. For example, the Army tells us it 
will need an additional $10 to $12 billion just to refurbish 
equipment used in Iraq and Afghanistan.
    This Committee has an obligation to ensure that U.S. policy 
is adequate to achieve success, is realistic, and is consistent 
with our values as a nation. We also have an obligation to 
ensure that the funds requested are adequately justified and 
that the Administration is accountable for their use. Yet 
repeatedly, when we have sought to meet our obligation, the 
Administration and the Department has acted as if the Congress 
is an ATM machine rather than a coequal branch of government 
whose responsibility it is to conduct proper oversight. There 
are a number of questions for which this Committee deserves 
answers.
    Sections 9010 and 9012 of last year's Defense 
Appropriations Act called for the Department to submit reports 
to Congress detailing cost estimates and plans for Operations 
Iraqi Freedom and Enduring Freedom. These reports were due 
October 31st of last year and January 1st of this year. They 
have not been submitted. Why?
    The Inspector General reported that almost $9 billion in 
reconstruction funding has been mishandled and poorly accounted 
for. What happened to this $9 billion?
    At one time DoD stated that 220,000 Iraq security forces 
had been trained and equipped. Now the Department says only 
136,000. Yet, reports from the Pentagon indicate that only a 
handful of these forces are truly ``mission capable''. What are 
the standards that these forces must meet achieve before they 
can likely perform their missions successfully? How many of 
these forces and units have achieved these standards? What are 
the goals and when will they likely be achieved?
    The Army reports that it is planning to keep 120,000 troops 
in Iraq for the next two years. Is this the appropriate troop 
level to achieve U.S. objectives?
    To fully and reasonably address the Department's funding 
needs and have an informed debate about U.S. policy in Iraq and 
Afghanistan, the Administration must be accountable for its 
activities, its claims, and its plans and associated costs. The 
Congress will provide every dime the troops need to do their 
job, but we need some straight answers so that we can do ours. 
This was part of my reasoning behind offering two amendments.

     ACCOUNTABILITY FOR DEFENSE DEPARTMENT INTELLIGENCE OPERATIONS

    My first amendment addressed the need for greater 
accountability from the Defense Department regarding their 
intelligence operations. Those closely monitoring events should 
be familiar with reports about the Defense Department's 
intelligence operation--the Office of Special Plans--that 
advised the Secretary of Defense and the White House about 
weapons of mass destruction in Iraq, how we would be welcomed 
as ``liberators,'' how many troops we would need to win the 
peace, and the costs of reconstruction. All of their 
predictions turned out not just to be wrong, but wildly off the 
mark and possibly purposely misleading.
    Now, another equally serious problem exists. By relying on 
a narrow reading of the intelligence laws and related reporting 
procedures regarding some clandestine military operations, the 
Pentagon has denied the Appropriations Committee and other 
relevant Congressional committees the opportunity to 
appropriately oversee these activities. The 9/11 Commission 
criticized the Congress--specifically the Intelligence, Armed 
Services, and Appropriations committees--for failing to 
adequately oversee intelligence activities. Improving the 
reporting procedures governing sensitive clandestine military 
operations is essential to enhancing Congressional oversight.
    The power of the purse is one of the few levers Congress 
has to shape U.S. policy. Without a full understanding of 
Executive branch intelligence activities, that power is 
frustrated. The intelligence committees obviously have a need 
to know about all covert and clandestine intelligence 
activities. These committees embody the necessary checks and 
balance on Executive branch intelligence activities. But the 
Appropriations Committee has a constitutional requirement to 
ensure that the American taxpayers' dollars are being well 
spent and supporting sound public policy.
    The Administration has stated that they will propose 
changes to the current notification and reporting procedures 
governing these sensitive military operations, which is why I 
withdrew my amendment during the Committee mark-up. The 
Administration has an obligation to act in good faith. If they 
do not, Congress has an obligation to do what is necessary to 
carry out its Constitutional responsibilities.

                ACCOUNTABILITY IN GOVERNMENT CONTRACTING

    My second amendment, which was rejected, would have 
authorized the establishment of a select committee to 
investigate and study the awarding and carrying out of 
Government contracts to conduct activities in Afghanistan and 
Iraq.
    At the dawn of World War II, questions were being asked 
about widespread stories of contractor mismanagement. At that 
time, Senator Harry S Truman called on the Congress to create a 
select committee to study and investigate procurement and 
manufacturing, which it did on March 1, 1941. From its creation 
until it expired in 1948, the Select Committee to Investigate 
the National Defense Program, known as the Truman Committee, 
held 432 public hearings and 300 executive sessions, conducted 
hundreds of fact-finding missions, issued 51 reports and saved 
the taxpayers billions of dollars. Throughout, the Committee 
earned high marks for its thoroughness and efficiency. It is 
interesting to note that the Truman Committee was authorized by 
a Democratic Congress to examine the conduct of a Democratic 
administration.
    If they were serving the Congress today, Truman Committee 
members would hear a great deal that sounds familiar in the 
news about contracting in Iraq. For example:
     The Inspector General has reported that nearly $9 
billion of money spent on Iraqi reconstruction is unaccounted 
for because of inefficiencies and bad management. Auditors 
stated they were unable to verify that the Iraqi money was 
spent for its intended purpose. In one case, the Inspector 
General raised the possibility that thousands of ``ghost 
employees'' were on an unnamed ministry's payroll.
     lt has been reported in the press that 
whistleblowers have claimed that a government contractor 
defrauded the Coalition Provisional Authority of tens of 
millions of dollars in Iraq reconstruction funds. In one case, 
a firm was allegedly paid $15 million to provide security for 
civilian flights into Baghdad even though no planes flew during 
the term of the contract.
     Just recently, it was reported by the New York 
Times that the Pentagon awarded a contract to provide thousands 
of bulletproof ceramic plate inserts to, ``a former Army 
researcher who had never mass-produced anything.'' According to 
this story, the contractor ``struggled for a year, then gave up 
entirely.'' From the day the order was placed by the Pentagon, 
it took 167 days for troops in Iraq to begin receiving the 
inserts.
    What is in question is how taxpayer dollars are being 
spent, whether taxpayers are getting their money's worth, and 
whether the high-quality equipment and services that America's 
soldiers deserve and require are being delivered. The creation 
of a modern-day Truman Committee would help get to the bottom 
of these issues. The amendment was defeated, but we believe it 
is the obligation of the House to reverse that action.

                         THE NEXT SUPPLEMENTAL

    This supplemental appropriations bill will soon become law. 
But, before the ink of the President's signature dries, we will 
already have known for a fact that this Congress will be asked 
to provide another $60 to $80 billion in the near future. Yet, 
even though the Army plans on having 120,000 in Iraq in 2006, 
the Administration has not requested funding for Iraq and 
Afghanistan in the FY 2006 Department budget request and the 
Administration's long-range budget estimates contain no funding 
for these missions.
    What is most disturbing is not that the Administration 
continues to provide the facts about Iraq to this Committee, 
the Congress, and the American people on the installment plan. 
This would not be the first administration to attempt to 
circumvent Congressional oversight whenever possible. What is 
most disturbing is that the Congress--three years, $200 
billion, and 1,500 American lives later--continues to allow it 
to happen. Most alarming of all is that the debate over the 
next supplemental will likely sound identical to that 
surrounding this $75 billion request. The nearly nonexistent 
nature of Congressional oversight today will make sure of it.

                                                         Dave Obey.