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Allows DOD funds to be used for support for counter-drug activities of the Governments of Afghanistan and Pakistan.
Increases the: (1) maximum benefit under the Servicemen's Group Life Insurance program from $250,000 to $400,000 (or lesser amounts in increments of $50,000); and (2) military death gratuity from $12,000 to $100,000. Provides a special death gratuity with respect to certain service in Operations Enduring Freedom and Iraqi Freedom.
Makes emergency supplemental appropriations to DOD for: (1) military construction; (2) military personnel, Army; (3) O&M, Army; and (4) the Defense Health Program.
Makes emergency supplemental appropriations for: (1) international disaster and famine assistance; (2) the U.S. Agency for International Development (USAID); (3) the Economic Support Fund; (4) international narcotics control and law enforcement; (5) migration and refugee assistance; (6) nonproliferation, anti-terrorism, demining and related programs; (7) the Foreign Military Financing Program; and (8) peacekeeping operations. Requires audits and reports concerning uses of appropriated funds.
Makes emergency supplemental appropriations for: (1) diplomatic and consular programs; (2) embassy security, construction, and maintenance; (3) international peacekeeping activities; (4) international broadcasting operations; (5) certain agricultural grants; (6) defense nuclear nonproliferation; (7) the U.S. Coast Guard; (8) salaries and expenses of the Federal Bureau of Investigation (FBI) and Drug Enforcement Administration (DEA); (9) emergency relief, rehabilitation, and reconstruction aid to countries affected by the tsunami and earthquakes of December 2004; (10) geological surveys, investigations, and research; and (11) the National Oceanic and Atmospheric Administration (NOAA).
Humanitarian Assistance Code of Conduct Act of 2005 - Prohibits certain appropriated funds from being obligated to an organization that fails to adopt a code of conduct that provides for the protection of beneficiaries of assistance from sexual exploitation and abuse in humanitarian relief operations.
]]>Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 - Title I: Defense-Related Appropriations - Chapter 1: Department of Defense - Military - Makes emergency supplemental appropriations for FY 2005 for the Department of Defense (DOD) for: (1) military personnel; (2) operation and maintenance (O&M); (3) overseas humanitarian, disaster, and civic aid; (4) the Afghanistan Security Forces Fund; (5) the Iraq Security Forces Fund; (6) procurement; (7) research, development, test and evaluation; (8) Defense Working Capital Funds and the National Defense Sealift Fund; (9) drug interdiction and counter-drug activities related to Afghanistan and Central Asia; (10) the Office of the Inspector General; and (11) the Intelligence Community Management Account.
(Sec. 1101) Authorizes the Secretary of Defense, in the national interest, to transfer between appropriations up to $2 billion of the funds made available to DOD in this Chapter. Requires congressional notification of each transfer.
(Sec. 1102) Amends the Department of Defense Appropriations Act, 2005 to increase from $3.5 billion to $5.5 billion the amount of DOD working capital funds authorized to be transferred by the Secretary for DOD military functions.
(Sec. 1104) Authorizes the use of specified DOD funds for support for counter-drug activities of the Governments of Afghanistan and Pakistan.
(Sec. 1105) Increases the amounts authorized for certain DOD activities under the Department of Defense Appropriations Act, 2005 and the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005.
(Sec. 1109) Authorizes the head of an executive agency, during FY 2005, to waive the limitation, up to $200,000, for total compensation paid to a Federal employee who performs work while in an overseas location under the responsibility of the U.S. Central Command in support of, or related to: (1) a military operation, including a contingency operation; or (2) an operation in response to a declared emergency.
(Sec. 1110) Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to extend through FY 2006 the authority to create new positions within the Office of the Director of National Intelligence.
(Sec. 1111) Extends through December 31, 2005, the authority of the Secretary to provide services and support for the performance of duties within a U.S. combatant command by coalition liaison officers.
(Sec. 1112) Limits to $10,000 during FY 2005 the maximum bonus authorized in connection with a reserve affiliation agreement.
(Sec. 1113) Increases the: (1) maximum benefit under the Servicemen's Group Life Insurance program from $250,000 to $400,000 (or lesser amounts in increments of $50,000 as a member may elect); and (2) military death gratuity from $12,000 to $100,000. Provides a special death gratuity of up to $238,000 with respect to certain service in Operations Enduring Freedom and Iraqi Freedom.
Chapter 2: Department of Defense - Makes emergency supplemental appropriations to DOD for: (1) military construction; (2) military personnel and O&M, Army; and (3) the Defense Health Program.
Title II: International Programs and Assistance for Reconstruction and the War on Terror - Chapter 1: Bilateral Economic Assistance - Makes emergency supplemental appropriations for: (1) international disaster and famine assistance; (2) the U.S. Agency for International Development (USAID); (3) the Economic Support Fund; (4) assistance for the independent states of the former Soviet Union; (5) international narcotics control and law enforcement; (6) migration and refugee assistance; (7) nonproliferation, anti-terrorism, demining and related programs; (8) the Foreign Military Financing Program; and (9) peacekeeping operations.
(Sec. 2103) Directs the Comptroller General (CG) to conduct an audit and investigation of the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program in FY 2005 under the Economic Support Fund.
(Sec. 2104) Directs the Secretary of State to report to the congressional appropriations committees on the proposed uses, on a project-by-project basis, of funds appropriated under this Chapter.
(Sec. 2105) Directs the CG to conduct an audit of the use of all funds for the bilateral Afghanistan counternarcotics and alternative livelihood programs in FY 2005 under the Economic Support Fund.
(Sec. 2106) Directs the President to report to Congress with respect to Palestinian security services, including specific steps taken by the Palestinian Authority to dismantle its terrorist infrastructure.
Chapter 2: Department of State and Related Agency - Makes emergency supplemental appropriations for: (1) diplomatic and consular programs; (2) embassy security, construction, and maintenance; (3) international peacekeeping activities; (4) international broadcasting operations; and (5) foreign agricultural service grants.
Chapter 3: Department of Agriculture - Makes emergency supplemental appropriations for P.L. 480 title II grants (emergency and non-emergency food assistance).
Title III: Domestic Appropriations for the War on Terror - Chapter 1: Department of Energy - Makes emergency supplemental appropriations for defense nuclear nonproliferation.
Chapter 2: Department of Homeland Security -Makes emergency supplemental appropriations for the U.S. Coast Guard.
Chapter 3: Department of Justice - Makes emergency supplemental appropriations for salaries and expenses of the Federal Bureau of Investigation (FBI) and Drug Enforcement Administration (DEA).
Title IV: Indian Ocean Tsunami Relief - Chapter 1: Funds Appropriated to the President - Makes emergency supplemental appropriations for emergency relief, rehabilitation, and reconstruction aid to countries affected by the tsunami and earthquakes of December 2004.
(Sec. 4102) Directs the Secretary of State to report to the appropriations committees on the proposed uses, on a project-by-project basis, of funds appropriated under this Chapter.
Chapter 2: Department of Defense - Military - Makes emergency supplemental appropriations to DOD for: (1)O&M; and (2) overseas humanitarian, disaster, and civic aid.
Chapter 3: Department of Defense - Makes emergency supplemental appropriations for the Defense Health Program.
Chapter 4: Department of Homeland Security - Makes emergency supplemental appropriations for operating expenses of the U.S. Coast Guard.
Chapter 5: Department of the Interior - Makes emergency supplemental appropriations for geological surveys, investigations, and research.
Chapter 6: Department of Commerce - Makes emergency supplemental appropriations for the National Oceanic and Atmospheric Administration (NOAA).
Title V: General Provisions and Technical Corrections - (Sec. 5002) Directs the Secretary to transfer among specified accounts funds previously made available in the Department of Defense Appropriations Act, 2005.
Title VI: Humanitarian Assistance Code of Conduct - Humanitarian Assistance Code of Conduct Act of 2005 - (Sec. 6002) Prohibits migration and refugee assistance, international disaster and famine assistance, or transition initiatives funds made available under this Act from being obligated to any organization that fails to adopt a code of conduct that provides for the protection of beneficiaries of such assistance from sexual exploitation and abuse (by humanitarian workers) in humanitarian relief operations. Outlines six core principles of conduct of the United Nations (UN) Inter-Agency Standing Committee Task Force on Protection from Sexual Exploitation and Abuse in Humanitarian Crises.
(Sec. 6003) Requires a report from the President to the appropriations and foreign relations committees on the implementation of this title.
]]>(Sec. 1101) Authorizes the Secretary of Defense, in the national interest, to transfer between appropriations up to $2 billion of the funds made available to DOD in this Chapter. Requires congressional notification of each transfer.
(Sec. 1102) Amends the Department of Defense Appropriations Act, 2005 to increase from $3.5 billion to $5.5 billion the amount of DOD working capital funds authorized to be transferred by the Secretary for DOD military functions.
(Sec. 1104) Authorizes the use of specified DOD funds for support for counter-drug activities of the Governments of Afghanistan and Pakistan.
(Sec. 1105) Increases the amounts authorized for certain DOD activities under the Department of Defense Appropriations Act, 2005 and the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005.
(Sec. 1109) Authorizes the head of an executive agency, during FY 2005, to waive the limitation, up to $200,000, for total compensation paid to a Federal employee who performs work while in an overseas location under the responsibility of the U.S. Central Command in support of, or related to: (1) a military operation, including a contingency operation; or (2) an operation in response to a declared emergency.
(Sec. 1110) Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to extend through FY 2006 the authority to create new positions within the Office of the Director of National Intelligence.
(Sec. 1111) Extends through December 31, 2005, the authority of the Secretary to provide services and support for the performance of duties within a U.S. combatant command by coalition liaison officers.
(Sec. 1112) Limits to $10,000 during FY 2005 the maximum bonus authorized in connection with a reserve affiliation agreement.
(Sec. 1113) Increases the: (1) maximum benefit under the Servicemen's Group Life Insurance program from $250,000 to $400,000 (or lesser amounts in increments of $50,000 as a member may elect); and (2) military death gratuity from $12,000 to $100,000. Provides a special death gratuity of up to $238,000 with respect to certain service in Operations Enduring Freedom and Iraqi Freedom.
Chapter 2: Department of Defense - Makes emergency supplemental appropriations to DOD for: (1) military construction; (2) military personnel and O&M, Army; and (3) the Defense Health Program.
Title II: International Programs and Assistance for Reconstruction and the War on Terror - Chapter 1: Bilateral Economic Assistance - Makes emergency supplemental appropriations for: (1) international disaster and famine assistance; (2) the U.S. Agency for International Development (USAID); (3) the Economic Support Fund; (4) assistance for the independent states of the former Soviet Union; (5) international narcotics control and law enforcement; (6) migration and refugee assistance; (7) nonproliferation, anti-terrorism, demining and related programs; (8) the Foreign Military Financing Program; and (9) peacekeeping operations.
(Sec. 2103) Directs the Comptroller General (CG) to conduct an audit and investigation of the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program in FY 2005 under the Economic Support Fund.
(Sec. 2104) Directs the Secretary of State to report to the congressional appropriations committees on the proposed uses, on a project-by-project basis, of funds appropriated under this Chapter.
(Sec. 2105) Directs the CG to conduct an audit of the use of all funds for the bilateral Afghanistan counternarcotics and alternative livelihood programs in FY 2005 under the Economic Support Fund.
(Sec. 2106) Directs the President to report to Congress with respect to Palestinian security services, including specific steps taken by the Palestinian Authority to dismantle its terrorist infrastructure.
Chapter 2: Department of State and Related Agency - Makes emergency supplemental appropriations for: (1) diplomatic and consular programs; (2) embassy security, construction, and maintenance; (3) international peacekeeping activities; and (4) international broadcasting operations.
Chapter 3: Department of Agriculture - Makes emergency supplemental appropriations for P.L. 480 title II grants (emergency and non-emergency food assistance).
Title III: Domestic Appropriations for the War on Terror - Chapter 1: Department of Energy - Makes emergency supplemental appropriations for defense nuclear nonproliferation.
Chapter 2: Department of Homeland Security -Makes emergency supplemental appropriations for the U.S. Coast Guard.
Chapter 3: Department of Justice - Makes emergency supplemental appropriations for salaries and expenses of the Federal Bureau of Investigation (FBI) and Drug Enforcement Administration (DEA).
Title IV: Indian Ocean Tsunami Relief - Chapter 1: Funds Appropriated to the President - Makes emergency supplemental appropriations for emergency relief, rehabilitation, and reconstruction aid to countries affected by the tsunami and earthquakes of December 2004.
(Sec. 4102) Directs the Secretary of State to report to the appropriations committees on the proposed uses, on a project-by-project basis, of funds appropriated under this Chapter.
Chapter 2: Department of Defense - Military - Makes emergency supplemental appropriations to DOD for: (1) O&M; and (2) overseas humanitarian, disaster, and civic aid.
Chapter 3: Department of Defense - Makes emergency supplemental appropriations for the Defense Health Program.
Chapter 4: Department of Homeland Security - Makes emergency supplemental appropriations for operating expenses of the U.S. Coast Guard.
Chapter 5: Department of the Interior - Makes emergency supplemental appropriations for geological surveys, investigations, and research.
Chapter 6: Department of Commerce - Makes emergency supplemental appropriations for the National Oceanic and Atmospheric Administration (NOAA).
Title V: General Provisions and Technical Corrections - (Sec. 5002) Directs the Secretary to transfer among specified accounts funds previously made available in the Department of Defense Appropriations Act, 2005.
Title VI: Humanitarian Assistance Code of Conduct - Humanitarian Assistance Code of Conduct Act of 2005 - (Sec. 6002) Prohibits migration and refugee assistance, international disaster and famine assistance, or transition initiatives funds made available under this Act from being obligated to any organization that fails to adopt a code of conduct that provides for the protection of beneficiaries of such assistance from sexual exploitation and abuse (by humanitarian workers) in humanitarian relief operations. Outlines six core principles of conduct of the United Nations (UN) Inter-Agency Standing Committee Task Force on Protection from Sexual Exploitation and Abuse in Humanitarian Crises.
(Sec. 6003) Requires a report from the President to the appropriations and foreign relations committees on the implementation of this title.
Title VII: Additional General Provisions - (Sec. 7001) Prohibits funds made available in this Act from being used: (1) for embassy security, construction, and maintenance; (2) in contravention of provisions of the Small Business Act requiring heads of Federal agencies to establish goals for small business participation in Federal contracts; and (3) in contravention of specified laws implementing the UN Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
Division B: REAL ID Act of 2005 - REAL ID Act of 2005 - Title I: Amendments to Federal Laws to Protect Against Terrorist Entry - (Sec. 101) Amends Immigration and Nationality Act (INA) provisions concerning asylum to: (1) authorize the Secretary of Homeland Security, in addition to the Attorney General, to grant asylum (retroactive to March 1, 2003); (2) require asylum applicants to prove that race, religion, nationality, membership in a particular social group, or political opinion was or will be (if removed) the central reason for their persecution; and (3) provide that an applicant's testimony may be sufficient to sustain this burden of proof only if the trier of fact determines that it is credible, persuasive, and fact-specific. Requires corroborating evidence where requested by the trier of fact unless the applicant does not have the evidence and cannot reasonably obtain it without departing the United States. States that the inability to obtain corroborating evidence does not excuse the applicant from meeting his or her burden of proof.
Lists factors relevant to credibility determinations in asylum cases, including (but not limited to) the: (1) demeanor, candor, or responsiveness of the applicant or witness; (2) inherent plausibility of the applicant's or witness' account; (3) consistency between the applicant's or witness' written and oral statements; (4) internal consistency of each such statement; (5) consistency of such statements with other evidence of record (including the Department of State's reports on country conditions); and (6) any inaccuracies or falsehoods in such statements regardless of whether they go to the heart of the applicant's claim. States that there is no presumption of credibility.
Makes this Act's provisions regarding proof requirements and credibility determinations in asylum proceedings applicable to other requests from relief for removal.
Limits judicial review of determinations regarding the availability of corroborating evidence.
Removes the numerical limit on the number of aliens granted asylum who may become lawful permanent residents in any fiscal year (currently set at 10,000).
Repeals provisions of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) requiring a study and report on terrorists in the asylum system.
(Sec. 102) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) to authorize the Secretary of Homeland Security (the Secretary, for purposes of this Division), in the Secretary's sole discretion, to waive all laws as necessary to ensure expeditious construction of certain barriers and roads at the U.S. border. Prohibits courts, administrative agencies, and other entities from reviewing the Secretary's decision or from ordering relief for damages alleged to have resulted from such decision.
(Sec. 103) Expands the grounds of inadmissibility and deportability due to terrorist or terrorist-related activity to include aliens who: (1) are representatives of terrorist organizations or political, social, or other groups that endorse or espouse terrorist activity; (2) are members of designated terrorist organizations; (3) are members of organizations that engage in specified acts of terrorism; (4) endorse or espouse terrorist activity or persuade others to do so; or (5) have received military-type training from or on behalf of any organization that at the time was a terrorist organization.
Modifies the provision defining "engage in terrorist activity" to eliminate the possibility of discretionary waivers of inadmissibility for material support of organizations or individuals that have engaged in terrorist activity.
Expands the definition of "terrorist organization" to incorporate a broader range of underlying activities.
Makes this section applicable to removal proceedings instituted, and grounds of inadmissibility occurring, before, on, or after the enactment of this Division.
(Sec. 104) Expands the grounds of deportability due to terrorist activity to include aliens who would be inadmissible on terrorism-related grounds.
Makes this section applicable to: (1) removal proceedings instituted before, on, or after the date of enactment of this Division; and (2) grounds of inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such date.
Repeals overlapping deportation provisions of the IRTPA.
(Sec. 105) Bars inadmissible arriving aliens from seeking judicial review of removal orders through habeas corpus, mandamus, or other extraordinary petitions.
Imposes a similar bar on denials of discretionary relief and orders against criminal aliens, with an exception for petitions for review concerning constitutional claims or pure questions of law.
Establishes the INA's judicial review provisions as the sole avenue for challenging removal orders and reviewing claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment.
Requires petitions for review filed under pre-IIRIRA law to be treated as if filed under INA as amended by this section. States that such petitions shall be the sole and exclusive means for judicial review of orders of deportation or exclusion.
(Sec. 106) Sets forth requirements for delivery bonds (guaranteeing delivery of an alien against whom the Department of Homeland Security (DHS) has issued an order to show cause or a notice to appear) and bonding agents. Requires such bonds to expire one year from the date of issue, at cancellation or upon surrender of the principal, or immediately upon nonpayment of the renewal premium. Authorizes annual renewal.
Requires cancellation of delivery bonds and exoneration of the surety: (1) for nonrenewal after the principal's surrender for removal; (2) if the surety or bonding agent provides reasonable evidence of misrepresentation or fraud in the bond application; (3) upon the death or incarceration of the principal or the surety's inability to produce the principal for medical reasons; (4) if the principal is detained by a law enforcement agency; (5) if it can be established that the principal departed the United States without permission; (6) if the foreign state of which the principal is a national is designated under temporary protected status provisions after posting of the bond; or (7) if the principal is surrendered to DHS, upon removal by the surety or bonding agent.
Authorizes the surrender of the principal to DHS for removal at any time, before bond conditions are breached, if the surety or bonding agent believes that the principal has become a flight risk.
States that a principal may be surrendered without the return of any bond premium if the principal: (1) changes address without providing advance written notice to the surety, bonding agent, and Secretary; (2) hides or is concealed from the surety, bonding agent, or Secretary; (3) fails to report to the Secretary annually; or (4) violates the contract with the bonding agent or surety, commits any act that may lead to a breach of the bond, or otherwise violates bond obligations or conditions.
Gives bonding agents or sureties desiring to surrender the principal the right to: (1) petition the Secretary or any Federal court, without payment of fees or court costs, for an arrest warrant; (2) receive two certified copies of such warrant and the bond undertaking; and (3) pursue, apprehend, detain, and surrender the principal to any DHS detention official or facility or to any detention facility authorized to hold Federal detainees.
Requires all delivery bonds to be secured by a corporate surety that is certified as an acceptable surety on Federal bonds and whose name appears on Treasury Department Circular 570 and to set forth specified information. Requires information about warrants for a principal's arrest to be entered into the National Crime Information Center database. Gives bonding agents or sureties complete access to information about the principal held by Federal, State, or local governments (or any related subsidiary or police agency) that the Secretary determines may be helpful in locating or surrendering the principal. Establishes graduated penalties for bonding agents and sureties who fail to surrender a principal within 15 months of the issuance of an arrest warrant, subject to waiver.
Gives bonding agents or sureties the absolute right to locate, apprehend, arrest, detain, and surrender any principal, wherever he or she may be found, who violates any bond term or condition. Limits total liability on any surety undertaking to the face amount of the bond.
Makes this section applicable to bonds and surety undertakings executed before, on or after the date of enactment of this Division.
(Sec. 107) Requires aliens arrested and detained pending a removal decision to post a delivery bond of at least $10,000 (currently, $1,500) in order to be released from custody, unless an immigration judge orders such alien's release on his or her own recognizance upon a finding that the alien is not a flight risk and is not a threat to the United States.
(Sec. 108) Requires the Secretary to take into custody any alien subject to a final order of removal and to cancel bond if the alien is produced within the prescribed time limit whether or not DHS accepts custody. States that the obligor on the bond shall be deemed to have substantially performed all conditions and shall be released from liability if the alien is produced within such time limit.
Makes this section applicable to all immigration bonds posted before, on, or after the date of enactment of this Division.
Title II: Improved Security for Driver's Licenses and Personal Identification Cards - (Sec. 202) Prohibits Federal agencies from accepting State issued driver's licenses or identification cards unless such documents are determined by the Secretary to meet minimum security requirements, including the incorporation of specified data, a common machine-readable technology, and certain anti-fraud security features.
Sets forth minimum issuance standards for such documents that require: (1) verification of presented information; (2) evidence that the applicant is lawfully present in the United States; and (3) issuance of temporary driver's licenses or identification cards to persons temporarily present that are valid only for their period of authorized stay (or for one year where the period of stay is indefinite).
(Sec. 203) Requires States, as a condition of receiving grant funds or other financial assistance under this title, to participate in the interstate compact regarding the sharing of driver's license data (the Driver License Agreement).
(Sec. 204) Amends the Federal criminal code to prohibit trafficking in actual as well as false authentication features for use in false identification documents, document-making implements, or means of identification.
Requires the Secretary to enter into the appropriate aviation security screening database information regarding persons convicted of using false driver's licenses at airports.
(Sec. 205) Authorizes the Secretary to make grants to assist States in conforming to the minimum standards set forth in this title.
(Sec. 206) Gives the Secretary all authority to issue regulations, set standards, and issue grants under this title. Gives the Secretary of Transportation all authority to certify compliance with such standards.
Authorizes the Secretary to grant States an extension of time to meet the minimum document requirements and issuance standards of this title, with adequate justification.
(Sec. 207) Repeals overlapping document provisions of the IRTPA.
(Sec. 208) States that nothing in this title shall be construed to affect the authorities and responsibilities of the Secretary of Transportation or the States under existing laws governing the establishment of a National Driver Register.
Title III: Border Infrastructure and Technology Integration - (Sec. 301) Directs the Under Secretary of Homeland Security for Border and Transportation Security to study the technology, equipment, and personnel needed to address security vulnerabilities within the United States for each Customs and Border Protection field office that has responsibility for U.S. borders with Canada and Mexico.
(Sec. 302) Directs the Under Secretary of Homeland Security for Science and Technology to develop and report to specified congressional committees on a pilot program to utilize, or increase the utilization of, ground surveillance technologies to enhance U.S. border security. Requires technologies to include video camera, sensor, and motion detection technologies.
(Sec. 303) Requires the Secretary, acting through the Under Secretary for Border and Transportation Security, to develop and implement a plan to: (1) improve communications systems of Federal agencies to facilitate integrated communications among such agencies, State and local government agencies, and Indian tribes on border security matters; and (2) enhance related information sharing among such entities.
]]>(Sec. 1101) Authorizes the Secretary of Defense, in the national interest, to transfer between appropriations up to $2 billion of the funds made available to DOD in this Chapter. Requires congressional notification of each transfer.
(Sec. 1102) Amends the Department of Defense Appropriations Act, 2005 to increase from $3.5 billion to $5.685 billion the amount of DOD working capital funds authorized to be transferred by the Secretary for DOD military functions.
(Sec. 1103) Authorizes the use of specified DOD funds for support for counter-drug activities of the Governments of Afghanistan and Pakistan.
(Sec. 1105) Increases the amounts authorized for certain DOD activities under the Department of Defense Appropriations Act, 2005 and the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005.
(Sec. 1106) Authorizes the use of specified DOD O&M funds to purchase and dispose of weapons for the purpose of protecting U.S. forces overseas.
(Sec. 1109) Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to extend through FY 2006 the authority to create new positions within the Office of the Director of National Intelligence.
(Sec. 1110) Limits to $10,000 during FY 2005 the maximum bonus authorized in connection with a reserve affiliation agreement.
(Sec. 1111) Increases the: (1) maximum benefit under the Servicemen's Group Life Insurance program from $250,000 to $400,000 (or lesser amounts as a member may elect); and (2) military death gratuity from $12,000 to $100,000. Provides a special death gratuity of up to $150,000 with respect to service designated by the Secretary as a combat operation or a zone of combat. Terminates such increases at the end of FY 2005. Provides an additional death gratuity of $238,000 for deaths that occur before the enactment of this Act in combat operations, in a combat zone, or in Operations Enduring Freedom or Iraqi Freedom.
(Sec. 1115) Makes funds appropriated for chemical weapons demilitarization under certain prior Acts available to the Program Manager for Assembled Chemical Weapons for activities at the Blue Grass Army Depot, Kentucky, and the Pueblo Chemical Depot, Colorado.
(Sec. 1118) Directs the Secretary to make transfers of funds among specified naval accounts.
(Sec. 1119) Prohibits funds made available under this or any other Act from being obligated or expended to prepare for, conduct, or implement a strategy for the acquisition of the next generation destroyer (DD(X)) program through a winner-take-all strategy.
Chapter 2: Department of Defense - Makes emergency supplemental appropriations to DOD for military construction.
Title II: International Programs and Assistance for Reconstruction and the War on Terror - Chapter 1: Department of Agriculture - Makes emergency supplemental appropriations for P.L. 480 title II grants (emergency and non-emergency food assistance).
Chapter 2: Department of State and Related Agency - Makes emergency supplemental appropriations for: (1) diplomatic and consular programs; (2) embassy security, construction, and maintenance; (3) international peacekeeping activities; (4) international broadcasting operations; and (5) broadcasting capital improvements.
Makes emergency supplemental appropriations for: (1) international disaster and famine assistance; (2) transition initiatives for Sudan; (3) the U.S. Agency for International Development (USAID); (4) the Economic Support Fund; (5) assistance for the independent states of the former Soviet Union; (6) international narcotics control and law enforcement; (7) migration and refugee assistance; (8) nonproliferation, anti-terrorism, demining and related programs; (9) economic support requirements of the Global War on Terror; (10) the Foreign Military Financing Program; and (11) peacekeeping operations.
(Sec. 2102) Directs the President to report to Congress with respect to Palestinian security services, including specific steps taken by the Palestinian Authority to dismantle its terrorist infrastructure.
(Sec. 2103) Rescinds the unexpended balance of any funds made available to Turkey under the Economic Support Fund. Allows Fund amounts to be used for international democracy and rule of law programs.
Title III: Domestic Appropriations for the War on Terror - Chapter 1: Department of Justice - Makes emergency supplemental appropriations for the Department of Justice for: (1) the Office of Inspector General; and (2) salaries and expenses of the U.S. Marshals Service, Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), and Bureau of Alcohol, Tobacco, Firearms and Explosives.
Chapter 2: Department of Energy - Makes emergency supplemental appropriations for weapons activities and defense nuclear nonproliferation.
Chapter 3: Department of Homeland Security - Makes emergency supplemental appropriations for: (1) immigration and customs enforcement; and (2) the U.S. Coast Guard.
Chapter 4: Capitol Police - Makes emergency supplemental appropriations for the Capitol Police and Architect of the Capitol.
Title IV: Indian Ocean Tsunami Relief - Chapter 1: Department of Commerce - Makes emergency supplemental appropriations for the National Oceanic and Atmospheric Administration (NOAA).
Chapter 2: Department of Defense - Military - Makes emergency supplemental appropriations to DOD for: (1) O&M; (2) overseas humanitarian, disaster, and civic aid; and (3) the Defense Health Program.
Chapter 3: Department of Homeland Security - Makes emergency supplemental appropriations for operating expenses of the U.S. Coast Guard.
Chapter 4: Department of the Interior - Makes emergency supplemental appropriations for geological surveys, investigations, and research.
Chapter 5: Funds Appropriated to the President - Makes emergency supplemental appropriations for emergency relief, rehabilitation, and reconstruction aid to countries affected by the tsunami and earthquakes of December 2004.
Title V: Other Emergency Appropriations - Chapter 1: Department of Agriculture - Makes emergency supplemental appropriations to the Department of Agriculture for: (1) research and educational resources at the University of Hawaii damaged by flood; and (2) the emergency watershed protection program.
(Sec. 5101) Authorizes the Secretary of Agriculture to transfer Rural Housing Service funds for rental assistance programs in North Carolina.
(Sec. 5102) Requires the Village of New Miami (Ohio) to be considered eligible for loans and grants under the Rural Housing Assistance Grants program.
(Sec. 5103) Directs the Natural Resources Conservation Service to provide financial and technical assistance for measures to prevent damage to the Manoa watershed in Hawaii. Appropriates funds for such purpose.
Chapter 2: Department of the Interior - Makes emergency supplemental appropriations for the Department of the Interior for: (1) departmental management; (2) the National Forest System; and (3) Forest Service capital improvement and maintenance.
Chapter 3: Department of Health and Human Services - Makes emergency supplemental appropriations for the: (1) Public Health and Social Services Emergency Fund; and (2) Institute of Museum and Library Services.
Chapter 4: The Judiciary - Makes emergency supplemental appropriations for: (1) salaries and expenses of Courts of Appeal, District Courts and other judicial services; and (2) housing for persons with disabilities.
(Sec. 5401) Directs the Secretary of Housing and Urban Development to make a grant to the University of Hawaii for housing costs resulting from flood damage. Appropriates funds for such purpose.
Title VI: General Provisions and Technical Corrections - (Sec. 6002) Provides certain funds transfer authority for the Department of Justice.
(Sec. 6003) Authorizes the Special Technologies and Application Section within the FBI to acquire, renovate, and occupy up to 175,000 square feet of additional facility space.
(Sec. 6007) Revises local budget authority for the District of Columbia under the District of Columbia Appropriations Act, 2005 in anticipation of financing for a major league baseball stadium.
(Sec. 6008) Amends various Acts and public laws to modify, increase, or extend specified water resources development projects.
(Sec. 6015) Authorizes the Secretary of the Interior to perform analyses and studies with respect to establishing an off-channel sanctuary for the Rio Grande Silvery Minnow in the Middle Rio Grande Valley.
(Sec. 6016) Extends through FY 2009 the Water Desalination Act of 1996.
(Sec. 6017) Exempts the State of Nevada from any payments associated with the Humboldt Title Transfer under prior law.
(Sec. 6018) Revises or adds additional requirements, as originally outlined for the Department of Energy under the Consolidated Appropriations Act, 2005, with respect to: (1) energy programs; (2) weapons activities; (3) defense site acceleration completion; (4) defense environmental services; and (5) the Chernobyl Research and Service Project.
(Sec. 6026) Abolishes the Department of Homeland Security Working Capital Fund and establishes the Continuity of Government Operations and Emergency Management Revolving Fund.
(Sec. 6031) Authorizes the National Park Service to expend appropriated funds for the construction, operation, and maintenance of an expansion to the West Yellowstone Visitors Information Center.
(Sec. 6032) Prohibits funds from this or any other appropriations Act from being used by the Environmental Protection Agency or any other Federal agency to develop, promulgate, or publish a pesticides tolerance fee rulemaking.
(Sec. 6033) Directs the Secretary of the Interior to allow the State of Mississippi to take certain actions with respect to the exploration, development, and production of oil drilling on sites outside the boundaries of Gulf Islands National Seashore which result in the drill hole crossing into land under the Seashore.
(Sec. 6040) Directs the Librarian of Congress, during FY 2005, to transfer specified funds to carry out the Copyright Royalty Judges program (with a transfer limit).
]]>(Sec. 1101) Authorizes the Secretary of Defense, in the national interest, to transfer between appropriations up to $2 billion of the funds made available to DOD in this Chapter. Requires congressional notification of each transfer.
(Sec. 1102) Amends the Department of Defense Appropriations Act, 2005 to increase from $3.5 billion to $5.685 billion the amount of DOD working capital funds authorized to be transferred by the Secretary for DOD military functions.
(Sec. 1103) Authorizes the use of specified DOD funds for support for counter-drug activities of the Governments of Afghanistan and Pakistan.
(Sec. 1105) Increases the amounts authorized for certain DOD activities under the Department of Defense Appropriations Act, 2005 and the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005.
(Sec. 1106) Authorizes the use of specified DOD O&M funds to purchase and dispose of weapons for the purpose of protecting U.S. forces overseas.
(Sec. 1109) Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to extend through FY 2006 the authority to create new positions within the Office of the Director of National Intelligence.
(Sec. 1110) Reservists Pay Security Act of 2005 - Entitles Federal employees who are absent from their positions while on active duty in the regular uniformed services or National Guard to receive the amount of their Federal basic pay which, when taken together with their military pay and allowances, is no less than the amount of pay that they would have earned if there had been no interruption in their civilian employment. Expands reemployment rights of Federal employees on active duty in the uniformed services. Requires the Office of Personnel Management (OPM) to prescribe regulations to carry out this section.
(Sec. 1111) Limits to $10,000 during FY 2005 the maximum bonus authorized in connection with a reserve affiliation agreement.
(Sec. 1112) Increases the: (1) maximum benefit under the Servicemen's Group Life Insurance program from $250,000 to $400,000 (or lesser amounts as a member may elect); and (2) military death gratuity from $12,000 to $100,000. Provides a special death gratuity of up to $150,000 with respect to service designated by the Secretary as a combat operation or a zone of combat. Terminates such increases at the end of FY 2005. Provides an additional death gratuity of $150,000 for deaths that occur before the enactment of this Act in combat operations, in a combat zone, or in Operations Enduring Freedom or Iraqi Freedom.
(Sec. 1114) Renames the death gratuity, payable to survivors of members of the Armed Forces killed while serving on active duty or inactive duty training, as fallen hero compensation.
(Sec. 1117) Makes funds appropriated for chemical weapons demilitarization under certain prior Acts available to the Program Manager for Assembled Chemical Weapons for activities at the Blue Grass Army Depot, Kentucky, and the Pueblo Chemical Depot, Colorado.
(Sec. 1120) Directs the Secretary to make transfers of funds among specified naval accounts.
(Sec. 1121) Prohibits funds made available under this or any other Act from being obligated or expended to prepare for, conduct, or implement a strategy for the acquisition of the next generation destroyer (DD(X)) program through a winner-take-all strategy.
(Sec. 1124) Extends from 180 to 365 days following the death of a member who dies while serving on active duty the period for the temporary continuation of the basic allowance for housing for dependents of such members.
(Sec. 1125) Expresses the sense of the Senate that any veteran with a service-connected disability rated as total by virtue of having been deemed unemployable should be entitled to payment of both retired pay and veterans' disability compensation commencing as of January 1, 2005.
(Sec. 1126) Prohibits members who are entitled to basic allowance for subsistence from being charged for meals received in a military medical facility while undergoing medical recuperation or therapy or in a status of "medical hold" for an injury, illness, or disease incurred or aggravated while on active duty in Operations Iraqi Freedom or Enduring Freedom. Directs the Secretary to provide such individuals access to telephone service at or through such facility in the amount of $40 worth of calling minutes per month. Terminates telephone access 60 days after the termination of the later of such Operations.
(Sec. 1127) Prohibits funds appropriated or otherwise made available by this or any other Act from being used to implement certain orders and guidance on functions and duties of the General Counsel and Judge Advocate General of the Air Force.
(Sec. 1128) Includes outpatient clinics under the implementation of mission changes at certain Veterans Health Administration facilities under provisions of the Veterans Health Programs Improvement Act of 2004.
(Sec. 1129) Directs the Secretary, in order to assist communities with preparations for the results of the 2005 round of defense base closures and realignments, to report to the congressional defense committees on Federal procedures and policies for the disposal of property at military installations proposed to be closed or realigned as part of the 2005 round, and on the assistance available to affected local communities for reuse and redevelopment.
(Sec. 1130) Expresses the sense of the Senate that: (1) any request for funds for a fiscal year after 2006 for an ongoing military operation overseas, including those in Afghanistan and Iraq, should be included in the annual budget of the President submitted to Congress; (2) the President should submit to Congress an amendment to the 2006 budget setting forth detailed cost estimates for such operations; and (3) any funds for such purposes should be provided in appropriations Acts through appropriations to specific accounts. Requires additional information concerning such operations, including Operations Enduring Freedom and Iraqi Freedom, to be included in reports required under both the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 and the Department of Defense Appropriations Act, 2005.
(Sec. 1131) Requires quarterly reports from the President to Congress on Iraqi security forces.
(Sec. 1132) Directs the Secretary of the Army to report to the defense committees on the feasibility and advisability of implementing for the Army National Guard a program similar to the Post Deployment Stand-Down Program of the Air National Guard.
(Sec. 1133) Prohibits the obligation or expenditure of funds from this Act to reduce below 12 the number of active Navy aircraft carriers until after the later of: (1) submission of the quadrennial defense review required in 2005; or (2) the date on which the Secretary certifies to Congress that certain agreements have been entered concerning the provision of port facilities for the permanent forward deployment of carriers necessary to fulfill the roles and missions of the Pacific Command.
(Sec. 1134) Expresses the sense of the Senate that: (1) DOD should provide sufficient funding (at least $5 million) to increase the domestic manufacturing capability to produce silicon carbide powders for use in the production of ceramic armor plates for armored vehicles, body armor, and other armor needs; (2) DOD should allocate sufficient funding (at least $5 million) for procuring rapid wall breaching kits for use in Operations Iraqi Freedom and Enduring Freedom and other uses; (3) a specified additional amount should be appropriated and used for tuition assistance programs for members of the Army Reserve; (4) specified Defense Health Program funds should be available for the Vaccine Health Care Centers; and (5) specified funds should be made available for the rapid deployment of Warlock and other field jamming systems.
(Sec. 1139) Amends Federal military pay and allowances provisions to provide reimbursement for travel for the family of members of the Armed Forces hospitalized in the United States in connection with certain non-serious illnesses or injuries incurred in a combat operation or combat zone. Provides reimbursement funding from specified military accounts. Requires the Secretary to report to the defense committees if such expenses exceed $20 million in a fiscal year.
(Sec. 1140) Prohibits the obligation or expenditure of funds from this Act to terminate the current joint service multiyear procurement contract for C/KC-130J aircraft.
(Sec. 1141) Increases Army procurement funds by a specified amount, to be used for the procurement of u-armored high mobility multipurpose wheeled vehicles. Requires specified reports from the Secretary to the defense committees in connection with such program.
(Sec. 1142) Expresses the sense of the Senate that Congress should: (1) enact an amendment which increases the period of continued TRICARE (a DOD managed care program) coverage for children of members who die while serving on active duty for a period of more than 30 days; and (2) should make the amendment applicable to deaths occurring on or after October 7, 2001.
(Sec. 1143) Expresses the sense of the Senate that, of amounts made available under this Act, specified amounts be made available for: (1) procurement of man-portable air defense systems; and (2) the replenishment of medical supply and equipment needs within Army combat theaters.
Chapter 2: Department of Defense - Makes emergency supplemental appropriations to DOD for military construction.
Title II: International Programs and Assistance for Reconstruction and the War on Terror - Chapter 1: Department of Agriculture - Makes emergency supplemental appropriations for P.L. 480 title II grants (emergency and non-emergency food assistance).
Chapter 2: Department of State and Related Agency - Makes emergency supplemental appropriations for: (1) diplomatic and consular programs; (2) embassy security, construction, and maintenance; (3) international peacekeeping activities; (4) international broadcasting operations; and (5) broadcasting capital improvements.
Makes emergency supplemental appropriations for: (1) international disaster and famine assistance; (2) transition initiatives for Sudan; (3) the U.S. Agency for International Development (USAID); (4) the Economic Support Fund; (5) assistance for the independent states of the former Soviet Union; (6) international narcotics control and law enforcement; (7) migration and refugee assistance; (8) nonproliferation, anti-terrorism, demining and related programs; (9) economic support requirements of the Global War on Terror; (10) the Foreign Military Financing Program; and (11) peacekeeping operations.
(Sec. 2102) Directs the President to report to Congress with respect to Palestinian security services, including specific steps taken by the Palestinian Authority to dismantle its terrorist infrastructure.
(Sec. 2103) Rescinds the unexpended balance of any funds made available to Turkey under the Economic Support Fund. Allows Fund amounts to be used for international democracy and rule of law programs.
(Sec. 2106) Earmarks specified funds from the Iraq Relief and Reconstruction Fund for assistance for families and communities of Iraqi civilians who have suffered losses as a result of military operations (such assistance shall be designated as the "Marla Ruzicka Iraqi War Victims Fund").
(Sec. 2107) Earmarks specified funds appropriated under title II for assistance for Haiti.
(Sec. 2108) Requires a report from the Secretary of State to the appropriate congressional committees on Afghan security forces training and DOD and State Department procedures relating to such training.
(Sec. 2109) Expresses the sense of the Senate that the atrocities unfolding in Darfur, Sudan, have been and continue to be genocide. Seeks passage at the United Nations (UN) Security Council of a resolution that, among other things: (1) imposes additional sanctions against the Government of Sudan; (2) establishes a no-fly zone in Darfur; (3) urges assistance to the African Union force in Darfur; (4) extends the embargo of the sale of military equipment to Sudan; and (5) expands the mandate of the UN Mission in Sudan. States that the United States should not provide assistance to Sudan (with humanitarian and other exceptions) unless the President certifies to Congress that the Government of Sudan has fully complied with all Security Council resolutions and conditions. Requires related actions with respect to sanctions against the Government of Sudan.
(Sec. 2111) Earmarks specified funds from this Act for assistance for Darfur, Sudan.
Title III: Domestic Appropriations for the War on Terror - Chapter 1: Department of Justice - Makes emergency supplemental appropriations for the Department of Justice for: (1) the Office of Inspector General; and (2) salaries and expenses of the U.S. Marshals Service, Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), and Bureau of Alcohol, Tobacco, Firearms and Explosives.
Chapter 2: Department of Energy - Makes emergency supplemental appropriations for weapons activities and defense nuclear nonproliferation.
Chapter 3: Department of Homeland Security - Makes emergency supplemental appropriations for: (1) immigration and customs enforcement; (2) the U.S. Coast Guard; and (3) customs and border protection. Reduces by specified amounts funding for: (1) diplomatic and consular programs under Chapter 2 of title II; and (2) contributions to international peacekeeping activities, as specified in title II.
Chapter 4: Capitol Police - Makes emergency supplemental appropriations for the Capitol Police and Architect of the Capitol.
Title IV: Indian Ocean Tsunami Relief - Chapter 1: Department of Commerce - Makes emergency supplemental appropriations for the National Oceanic and Atmospheric Administration (NOAA).
Chapter 2: Department of Defense - Military - Makes emergency supplemental appropriations to DOD for: (1) O&M; (2) overseas humanitarian, disaster, and civic aid; and (3) the Defense Health Program.
Chapter 3: Department of Homeland Security - Makes emergency supplemental appropriations for operating expenses of the U.S. Coast Guard.
Chapter 4: Department of the Interior - Makes emergency supplemental appropriations for geological surveys, investigations, and research.
Chapter 5: Funds Appropriated to the President - Makes emergency supplemental appropriations for emergency relief, rehabilitation, and reconstruction aid to countries affected by the tsunami and earthquakes of December 2004.
Title V: Other Emergency Appropriations - Chapter 1: Department of Agriculture - Makes emergency supplemental appropriations to the Department of Agriculture for: (1) research and educational resources at the University of Hawaii damaged by flood; and (2) the emergency watershed protection program.
(Sec. 5101) Authorizes the Secretary of Agriculture to transfer Rural Housing Service funds for rental assistance programs in North Carolina.
(Sec. 5102) Requires the Village of New Miami (Ohio) to be considered eligible for loans and grants under the Rural Housing Assistance Grants program.
(Sec. 5103) Directs the Natural Resources Conservation Service to provide financial and technical assistance for measures to prevent damage to the Manoa watershed in Hawaii. Appropriates funds for such purpose.
Chapter 2: Department of the Interior - Makes emergency supplemental appropriations for the Department of the Interior for: (1) departmental management; (2) the National Forest System; and (3) Forest Service capital improvement and maintenance.
Chapter 3: Department of Health and Human Services - Makes emergency supplemental appropriations for the: (1) Public Health and Social Services Emergency Fund; and (2) Institute of Museum and Library Services.
Chapter 4: The Judiciary - Makes emergency supplemental appropriations for: (1) salaries and expenses of Courts of Appeals, District Courts, and other judicial services; (2) housing for persons with disabilities; and (3) the Office of Federal Housing Enterprise Oversight.
(Sec. 5401) Directs the Secretary of Housing and Urban Development to make a grant to the University of Hawaii for housing costs resulting from flood damage. Appropriates funds for such purpose.
Title VI: General Provisions and Technical Corrections - (Sec. 6002) Provides certain funds transfer authority for the Department of Justice.
(Sec. 6003) Authorizes the Special Technologies and Application Section within the FBI to acquire, renovate, and occupy up to 175,000 square feet of additional facility space.
(Sec. 6007) Revises local budget authority for the District of Columbia under the District of Columbia Appropriations Act, 2005 in anticipation of financing for a major league baseball stadium.
(Sec. 6008) Amends various Acts and public laws to modify, increase, or extend specified water resources development projects.
(Sec. 6015) Authorizes the Secretary of the Interior to perform analyses and studies with respect to establishing an off-channel sanctuary for the Rio Grande Silvery Minnow in the Middle Rio Grande Valley.
(Sec. 6016) Extends through FY 2009 the Water Desalination Act of 1996.
(Sec. 6017) Directs the Secretary of the Interior to pay the State of Nevada's share of the costs for the Humboldt Project conveyance required under the Clark County Conservation of Public Land and Natural Resources Act of 2002 and the Energy and Water Development Appropriations Act, 2004. Directs such Secretary, using funds provided under the Farm and Security Rural Investment Act of 2002, to provide specified funds: (1) to the University of Nevada for establishing and administering an agricultural and natural resources center in the Walker River Basin, Nevada; (2) for a water lease and purchase program for the Walker River Paiute Tribe; (3) for tamarisk eradication, riparian area restoration, and channel restoration efforts in the Walker River Basin; and (4) to complete the design and implementation of the Western Inland Trout Initiative and Fishery Improvements in the State of Nevada, with an emphasis on the Walker River Basin.
(Sec. 6018) Revises or adds additional requirements, as originally outlined for the Department of Energy under the Consolidated Appropriations Act, 2005, with respect to: (1) energy programs; (2) weapons activities; (3) defense site acceleration completion; (4) defense environmental services; and (5) the Chernobyl Research and Service Project.
(Sec. 6026) Abolishes the Department of Homeland Security Working Capital Fund and establishes the Continuity of Government Operations and Emergency Management Revolving Fund.
(Sec. 6031) Authorizes the National Park Service to expend appropriated funds for the construction, operation, and maintenance of an expansion to the West Yellowstone Visitors Information Center.
(Sec. 6032) Prohibits funds from this or any other appropriations Act from being used by the Environmental Protection Agency or any other Federal agency to develop, promulgate, or publish a pesticides tolerance fee rulemaking.
(Sec. 6033) Directs the Secretary of the Interior to allow the State of Mississippi to take certain actions with respect to the exploration, development, and production of oil drilling on sites outside the boundaries of Gulf Islands National Seashore which result in the drill hole crossing into land under the Seashore.
(Sec. 6040) Directs the Librarian of Congress, during FY 2005, to transfer specified funds to carry out the Copyright Royalty Judges program (with a transfer limit).
(Sec. 6047) Expresses the sense of the Senate that Congress should not delay the enactment of critical appropriations to ensure the well-being of the U.S. Armed Forces fighting in Iraq and elsewhere around the world by attempting to conduct a debate about immigration reform while the supplemental appropriations bill is pending on the Senate floor.
(Sec. 6048) Prohibits funds provided in this or any other Act from being used: (1) by a Federal agency to produce any prepackaged news story unless the story includes a clear notification that it was prepared or funded by that Federal agency; or (2) to deny the provision of assistance under the Consolidated Farm and Rural Development Act solely due to the failure of the Secretary of Labor to respond to a request to certify assistance within the time period specified under such Act.
(Sec. 6052) Expresses the sense of the Senate that King Gyanendra of Nepal should immediately release all political detainees, restore constitutional liberties, and undertake good faith negotiations with the leaders of Nepal's political parties to restore democracy.
(Sec. 6054) Urges the Government of Ecuador to: (1) refrain from any action that could cause harm to the biodiversity of the Galapagos or encourage illegal fishing in the Marine Reserve; (2) abide by the agreement to select the Directorship of the Galapagos National Park Service through a transparent process based on merit, as previously agreed to by the Government of Ecuador; and (3) enforce the Galapagos Special Law (fish and wildlife protections) in its entirety. States that the Department of State should: (1) emphasize to the Government of Ecuador the importance the United States gives to these issues; and (2) offer assistance to implement policies and programs to ensure the long-term protection of the biodiversity of the Galapagos and the Marine Reserve and to sustain the livelihoods of the Galapagos population who depend on the marine ecosystem for survival.
(Sec. 6055) Releases to the State of Arkansas the U.S. reversionary interest at Camp Joseph T. Robinson, Arkansas.
(Sec. 6056) Prohibits funds from this or any other Act from being used to fund the independent counsel investigation of Henry Cisneros after June 1, 2005. Requires a detailed accounting of prior costs associated with such investigation.
(Sec. 6057) Prohibits any funds appropriated by this Act from being obligated or expended to subject any person in the custody or under physical control of the United States to torture or cruel, inhuman, or degrading treatment or punishment that is prohibited by the Constitution, laws, or treaties of the United States.
(Sec. 6058) Directs the Secretary of Labor to convey to the State of Michigan the Detroit Labor Building at 7310 Woodward Avenue, Detroit, Michigan.
(Sec. 6059) Amends Federal veterans' benefits provisions to require that a member insured under the Servicemembers' Group Life Insurance (SGLI) program be automatically issued a traumatic injury protection rider that will provide a payment of up to $100,000 if the member, while so insured, sustains a traumatic injury that results in: (1) a loss of sight, limbs, speech, or hearing; (2) certain burns; or (3) a coma or the inability to carry out certain daily living activities. Requires the payment, while a member is serving on active or reserve duty, of premiums for such additional coverage. Terminates such coverage upon separation from the Armed Forces.
(Sec. 6060) Reaffirmation of State Regulation of Resident and Nonresident Hunting and Fishing Act of 2005 - Expresses the policy of Congress that it is in the public interest for each State to continue regulating the taking for any purpose of fish and wildlife. Prohibits congressional silence from being construed as imposing a barrier under Section 8 of Article I of the Constitution (commonly referred to as the commerce clause) to such regulation by a State or Indian tribe.
Provides that nothing in this section shall be construed to: (1) limit the applicability or effect of any Federal law related to the protection or management of fish or wildlife or to the regulation of commerce; (2) limit the authority of the United States to prohibit hunting or fishing on U.S. lands; or (3) abrogate, abridge, affect, modify, supersede, or alter any treaty-reserved or other right of any Indian tribe as recognized by any other means.
Title VII: Temporary Workers - Save Our Small and Seasonal Businesses Act of 2005 - (Sec. 7002) Amends the Immigration and Nationality Act to prohibit an alien counted toward the numerical limitation applicable to H-2B nonimmigrants (temporary nonagricultural workers) during any of the three fiscal years prior to submission of an H-2B petition from being counted toward the limitation in the year of petition approval. Makes this provision effective as if enacted on October 1, 2004. Provides for its expiration on October 1, 2006.
(Sec. 7003) Requires the Secretary of Homeland Security to impose a $150 fraud prevention and detection fee on employers filing H-2B petitions (such fees to be deposited into the Fraud Prevention and Detection Account).
(Sec. 7004) Authorizes additional penalties for a substantial failure to meet any condition of an H-2B petition or the willful misrepresentation of a material fact in such a petition.
(Sec. 7005) Requires the allocation of the numerical limitation on the issuance of H-2B visas (currently 66,000) such that the total number of H-2B nonimmigrants entering the United States during the first six months of a fiscal year is not more than 33,000.
(Sec. 7006) Amends the American Competitiveness and Workforce Improvement Act of 1998 to require the Secretary of Homeland Security to submit to the congressional judiciary committees information regarding: (1) the number of aliens granted H-2B status or terminated from H-2B status, on a quarterly basis; and (2) the countries of origin, occupations of, and compensation paid to aliens granted H-2B status, the number of aliens terminated from such status, and the number of aliens provided such status during both the fiscal year reported and the preceding fiscal year, on an annual basis. Requires the Secretary of State to provide information relevant to such reports.
(Sec. 7008) Limits to 5000 per fiscal year the total number of Australian nationals who may acquire nonimmigrant status.
]]>(Sec. 1001) Authorizes the Secretary of Defense (Secretary), in the national interest, to transfer between appropriations up to $3 billion of the funds made available to DOD in this Chapter, except for military construction funding. Requires congressional notification of each transfer.
(Sec. 1002) Amends the Department of Defense Appropriations Act, 2005 to increase from $3.5 billion to $6.185 billion the amount of DOD working capital funds authorized to be transferred by the Secretary for DOD military functions.
(Sec. 1003) Authorizes the use of specified DOD funds for support for counter-drug activities of the Governments of Afghanistan and Pakistan.
(Sec. 1006) Increases the amounts authorized for certain DOD activities under the Department of Defense Appropriations Act, 2005 and the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005.
(Sec. 1008) Authorizes the head of an executive agency to waive during FY 2005 the limitation on compensation ($200,000) of civilian employees who perform work overseas in an area of responsibility of the Commander, U.S. Central Command, in support of, or related to: (1) a military operation, including a contingency operation; or (2) an operation in response to a declared emergency.
(Sec. 1009) Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to extend through FY 2006 the authority to create new positions within the Office of the Director of National Intelligence.
(Sec. 1010) Extends through December 31, 2005 (currently FY 2005) the authority of the Secretary to provide certain support for the performance of duties by a liaison officer of another nation involved in a coalition with the United States.
(Sec. 1011) Limits to $10,000 during FY 2005 the maximum bonus authorized in connection with a reserve affiliation agreement.
(Sec. 1012) Increases the: (1) maximum benefit under the Servicemen's Group Life Insurance program from $250,000 to $400,000 (or lesser amounts as a member may elect, in increments of $50,000); and (2) military death gratuity from $12,000 to $100,000. Provides a special death gratuity of up to $150,000 with respect to service designated by the Secretary as a combat operation or a zone of combat. Terminates such increases at the end of FY 2005. Provides an additional death gratuity of $238,000 for deaths that occur before the enactment of this Act in combat operations, in a combat zone, or in Operations Enduring Freedom or Iraqi Freedom. Terminates the additional death gratuity at the end of FY 2005.
(Sec. 1016) Makes funds appropriated for chemical weapons demilitarization under certain prior Acts available to the Program Manager for Assembled Chemical Weapons for activities at the Blue Grass Army Depot, Kentucky, and the Pueblo Chemical Depot, Colorado.
(Sec. 1018) Directs the Secretary to make transfers of funds among specified naval accounts.
(Sec. 1019) Prohibits funds made available under this or any other Act from being obligated or expended to prepare for, conduct, or implement a strategy for the acquisition of the next generation destroyer (DD(X)) program through a winner-take-all strategy.
(Sec. 1022) Extends from 180 to 365 days following the death of a member who dies while serving on active duty the period for the temporary continuation of the basic allowance for housing for dependents of such members. Terminates such extension at the end of FY 2005.
(Sec. 1023) Prohibits a member entitled to basic allowance for subsistence who is undergoing medical recuperation or therapy or is otherwise in a status of continuous care (including outpatient care) at a military treatment facility for an injury, illness, or disease incurred or aggravated during active duty in Operations Iraqi Freedom or Enduring Freedom from being charged for meals provided by the military treatment facility.
(Sec. 1024) Expresses the sense of the Senate that: (1) any request for funds for a fiscal year after 2006 for an ongoing military operation overseas, including those in Afghanistan and Iraq, should be included in the annual budget of the President submitted to Congress; (2) the President should submit to Congress an amendment to the 2006 budget setting forth detailed cost estimates for such operations; and (3) any funds for such purposes should be provided in appropriations Acts through appropriations to specific accounts. Requires additional information concerning such operations, including Operations Enduring Freedom and Iraqi Freedom, to be included in reports required under both the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 and the Department of Defense Appropriations Act, 2005.
(Sec. 1025) Prohibits the obligation or expenditure of funds from this Act to reduce below 12 the number of active Navy aircraft carriers until after the submission of the quadrennial defense review required in 2005. Prohibits Navy funds from being obligated to modify command and control relationships to give Fleet Forces Command administrative and operational control of the U.S. Navy forces assigned to the Pacific fleet.
(Sec. 1026) Amends Federal military pay and allowances provisions to provide reimbursement for travel for the family of members of the Armed Forces hospitalized in the United States in connection with certain non-serious illnesses or injuries incurred in a combat operation or combat zone. Provides reimbursement funding from specified military accounts. Requires the Secretary to report to the defense committees if such expenses exceed $20 million in a fiscal year. Terminates such reimbursement allowance at the end of FY 2005.
(Sec. 1027) Prohibits the obligation or expenditure of funds from this Act to terminate the current joint service multiyear procurement contract for C/KC-130J aircraft.
(Sec. 1028) Prohibits funds in this or prior Acts from being used to revoke Purple Heart commendations awarded to members who have served in Operations Iraqi Freedom or Enduring Freedom (with exceptions on a case-by-case basis).
(Sec. 1029) Directs the Secretary to make a specified transfer of funds. Requires funds so transferred to be used for the Virtual Training Cockpit Optimization Program.
(Sec. 1030) Requires specified transfers of funds, to be used for force protection programs.
(Sec. 1031) Prohibits any funds appropriated by this Act from being obligated or expended to subject any person in the custody or under physical control of the United States to torture or cruel, inhuman, or degrading treatment or punishment that is prohibited by the Constitution, laws, or treaties of the United States.
(Sec. 1032) Amends Federal veterans' benefits provisions to require that a member insured under the Servicemembers' Group Life Insurance (SGLI) program be automatically issued a traumatic injury protection rider that will provide a payment of up to $100,000 if the member, while so insured, sustains a traumatic injury that results in: (1) a loss of sight, limbs, speech, or hearing; (2) certain burns; or (3) a coma or the inability to carry out certain daily living activities. Requires the payment, while a member is serving on active or reserve duty, of premiums for such additional coverage. Terminates such coverage upon separation from the Armed Forces.
(Sec. 1033) Rescinds $50 million of the funds appropriated for the Iraq Freedom Fund under the Department of Defense Appropriations Act, 2005.
(Sec. 1034) Earmarks specified funds made available under the above Act for the Paralyzed Veterans of America (PVA) Outdoor Sports Heritage Fund.
(Sec. 1035) Appropriates funds for defense-wide research, development, test and evaluation.
(Sec. 1036) Directs the Secretary, in order to assist communities with preparations for the results of the 2005 round of defense base closures and realignments, to report to the congressional defense committees on Federal procedures and policies for the disposal of property at military installations proposed to be closed or realigned as part of the 2005 round, and on the assistance available to affected local communities for reuse and redevelopment.
(Sec. 1037) Releases to the State of Arkansas the U.S. reversionary interest at Camp Joseph T. Robinson, Arkansas.
Title II: International Programs and Assistance for Reconstruction and the War on Terror - Chapter 1: Department of Agriculture - Makes emergency supplemental appropriations for P.L. 480 title II grants (emergency and non-emergency food assistance).
Chapter 2: Department of State and Related Agency - Makes emergency supplemental appropriations for: (1) diplomatic and consular programs; (2) embassy security, construction, and maintenance; (3) international peacekeeping activities; (4) international broadcasting operations; and (5) broadcasting capital improvements.
Makes emergency supplemental appropriations for: (1) international disaster and famine assistance; (2) the U.S. Agency for International Development (USAID); (3) the Economic Support Fund; (4) assistance for the independent states of the former Soviet Union; (5) international narcotics control and law enforcement; (6) migration and refugee assistance; (7) nonproliferation, anti-terrorism, demining and related programs; (8) the Foreign Military Financing Program; and (9) peacekeeping operations.
(Sec. 2102) Rescinds the unexpended balance of any funds made available to Turkey under the Economic Support Fund.
(Sec. 2103) Directs the Comptroller General (CG) to audit and investigate the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program in FY 2005 under the Economic Support Fund.
(Sec. 2104) Requires the Secretary of State to report to the appropriations committees on the proposed uses of all funds authorized under this Chapter, on a case-by-case basis. Prohibits more than 15 percent of the funds authorized for a purpose from being obligated before the report is submitted.
(Sec. 2105) Directs the CG to audit the use of all funds for the bilateral Afghanistan counternarcotics and alternative livelihood programs in FY 2005 under the Economic Support Fund.
(Sec. 2106) Directs the President to report to Congress with respect to Palestinian security services, including specific steps taken by the Palestinian Authority to dismantle its terrorist infrastructure.
(Sec. 2108) Earmarks specified funds from the Iraq Relief and Reconstruction Fund for assistance for families and communities of Iraqi civilians who have suffered losses as a result of military operations (such assistance shall be designated as the "Marla Ruzicka Iraqi War Victims Fund").
(Sec. 2110) Prohibits the obligation of specified funds for foreign operations, export financing, and related programs to an organization that fails to adopt a code of conduct that provides for the protection of beneficiaries of assistance from sexual exploitation and abuse in humanitarian relief operations. Requires the code of conduct, to the maximum extent practicable, to be consistent with the six core principles of the United Nations (UN) Inter-Agency Standing Committee Task Force on Protection from Sexual Exploitation and Abuse in Humanitarian Crises. Requires a report from the President to the appropriate congressional committees on implementation of this section.
(Sec. 2111) States that funds provided in this Act for the Economic Support Fund and assistance for the independent states of the former Soviet Union shall be made available for programs and countries in the amounts contained in the joint explanatory statement of managers accompanying this Act.
Title III: Domestic Appropriations for the War on Terror - Chapter 1: Department of Energy - Makes emergency supplemental appropriations for defense nuclear nonproliferation.
Chapter 2: Department of Homeland Security - Makes emergency supplemental appropriations for: (1) immigration and customs enforcement; (2) the U.S. Coast Guard; (3) customs and border protection; and (4) the Federal Law Enforcement Training Center.
Chapter 3: Department of Justice - Makes emergency supplemental appropriations for the Department of Justice (DOJ) for: (1) the Federal Detention Trustee; and (2) salaries and expenses of the U.S. Marshals Service, Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), and Bureau of Alcohol, Tobacco, Firearms and Explosives.
Rescinds specified funds from the Asset Forfeiture Fund.
Chapter 4: Legislative Branch - Makes emergency supplemental appropriations for: (1) payment to the widow of Robert T. Matsui, late Representative from the State of California; and (2) salaries and expenses of the House of Representatives.
(Sec. 3401) Amends the Legislative Branch Appropriations Act, 2005 to require that fees collected for the use of exercise facilities of the House of Representatives be deposited into the House Services Revolving Fund.
Makes emergency supplemental appropriations for the Capitol Police, Architect of the Capitol, and Capitol Police buildings and grounds.
Title IV: Indian Ocean Tsunami Relief - Chapter 1: Funds Appropriated to the President - Makes emergency supplemental appropriations for emergency relief, rehabilitation, and reconstruction aid to countries affected by the tsunami and earthquakes of December 2004 and March 2005, and the Avian influenza virus.
(Sec. 4102) Directs the Secretary of State to report to the appropriations committees, prior to the initial obligation of any funds provided under this Chapter, on the proposed use of such funds, on a case-by-case basis.
(Sec. 4104) Earmarks funds authorized under this Chapter for the prevention and control of the Avian influenza virus.
Chapter 2: Department of Defense - Military - Makes emergency supplemental appropriations to DOD for: (1) O&M; (2) overseas humanitarian, disaster, and civic aid; and (3) the Defense Health Program.
Chapter 3: Department of Homeland Security - Makes emergency supplemental appropriations for operating expenses of the U.S. Coast Guard.
Chapter 4: Department of the Interior - Makes emergency supplemental appropriations for geological surveys, investigations, and research.
Chapter 5: Department of Commerce - Makes emergency supplemental appropriations for the National Oceanic and Atmospheric Administration (NOAA).
Title V: Other Emergency Appropriations - Chapter 1: Department of Agriculture - Makes emergency supplemental appropriations to the Department of Agriculture for the emergency watershed protection program.
(Sec. 5101) Authorizes the Secretary of Agriculture to transfer Rural Housing Service funds for rental assistance programs in North Carolina.
(Sec. 5102) Requires the Village of New Miami (Ohio) to be considered eligible for loans and grants under the Rural Housing Assistance Grants program.
Chapter 2: Department of the Interior - Makes emergency supplemental appropriations for the Department of the Interior for: (1) departmental management; and (2) Forest Service capital improvement and maintenance.
Chapter 3: Department of Health and Human Services - Makes emergency supplemental appropriations for the Public Health and Social Services Emergency Fund.
Chapter 4: Department of Housing and Urban Development - Makes certain prior-year funds available for housing for persons with disabilities.
Makes emergency supplemental appropriations for the Office of Federal Housing Enterprise Oversight.
Title VI: General Provisions and Technical Corrections - (Sec. 6003) Prohibits funds provided in this or any other Act from being used to deny the provision of assistance under the Consolidated Farm and Rural Development Act solely due to the failure of the Secretary of Labor to respond to a request to certify assistance within the time period specified under such Act.
(Sec. 6006) Amends various Acts and public laws to modify, increase, or extend specified water resources development projects.
(Sec. 6011) Directs the Secretary of the Army to complete, at full Federal expense, the Indiana Harbor and Canal, Confined Disposal Facility, Indiana, currently under construction.
(Sec. 6014) Authorizes the Secretary of the Interior to perform analyses and studies with respect to establishing an off-channel sanctuary for the Rio Grande Silvery Minnow in the Middle Rio Grande Valley.
(Sec. 6015) Extends through FY 2005 the Water Desalination Act of 1996.
(Sec. 6016) Revises or adds additional requirements, as originally outlined for the Department of Energy (DOE) under the Consolidated Appropriations Act, 2005, with respect to: (1) energy supply and programs; (2) fossil energy; (3) weapons activities; (4) defense environmental services; and (5) nuclear waste disposal. Transfers defense site acceleration completion funding to weapons activities funding.
(Sec. 6022) Directs DOE and the Small Business Administration (SBA) to enter into a memorandum of understanding measuring DOE achievement with respect to awarding prime contracts and subcontracts to small businesses. Requires: (1) a study of possible changes to encourage new opportunities for small businesses as prime contractors; and (2) a joint report to specified congressional committees.
(Sec. 6025) Requires the Department of Homeland Security to provide an annual appropriations justification for the Department of Homeland Security Working Capital Fund.
(Sec. 6027) Rescinds specified funds appropriated to the Department of Homeland Security in prior Acts.
(Sec. 6032) Authorizes the National Park Service (NPS) to expend appropriated funds for the construction, operation, and maintenance of an expansion to the West Yellowstone Visitors Information Center.
(Sec. 6033) Prohibits funds from this or any other appropriations Act from being used by the Environmental Protection Agency (EPA) or any other Federal agency to develop, promulgate, or publish a pesticides tolerance fee rulemaking.
(Sec. 6034) Directs the Secretary of the Interior to allow the State of Mississippi to take certain actions with respect to the exploration, development, and production of oil drilling on sites outside the boundaries of Gulf Islands National Seashore which result in the drill hole crossing into land under the Seashore.
(Sec. 6036) Reaffirmation of State Regulation of Resident and Nonresident Hunting and Fishing Act of 2005 - Expresses the policy of Congress that it is in the public interest for each State to continue regulating the taking for any purpose of fish and wildlife. Prohibits congressional silence from being construed as imposing a barrier under Section 8 of Article I of the Constitution (commonly referred to as the commerce clause) to such regulation by a State or Indian tribe.
(Sec. 6040) Repeals a provision of the Consolidated Appropriations Act, 2005 which limits the authority of the Department of Labor to transfer discretionary funds.
(Sec. 6045) Amends the title XVIII (Medicare) of the Social Security Act to include certain outpatient care facilities within the Health Care Infrastructure Improvement Program.
(Sec. 6048) Allows certain funds appropriated to the Library of Congress (LOC) under the Consolidated Appropriations Act, 2005 to be used for the Copyright Royalty Judges program.
(Sec. 6059) Directs the Secretary of Commerce to convene a national conference on science, technology, trade, and manufacturing.
(Sec. 6064) Allows certain overflight fees to be made available to meet costs of the essential air service program of the Department of Transportation (DOT).
(Sec. 6076) Prohibits funds from this or any other Act from being used by an executive agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification that it was prepared or funded by that agency.
(Sec. 6077) Revises local budget authority for the District of Columbia (DC) under the District of Columbia Appropriations Act, 2005 in anticipation of financing for a major league baseball stadium.
(Sec. 6081) Amends the Veterans Health Programs Improvement Act of 2004 to include outpatient clinics within the implementation of mission changes at Veterans Health Administration facilities.
Division B: REAL ID Act of 2005 - REAL ID Act of 2005 - Title I: Amendments to Federal Laws to Protect Against Terrorist Entry - (Sec. 101) Amends Immigration and Nationality Act (INA) provisions concerning asylum to: (1) authorize the Secretary of Homeland Security, in addition to the Attorney General, to grant asylum (retroactive to March 1, 2003); (2) require asylum applicants to prove that race, religion, nationality, membership in a particular social group, or political opinion was or will be (if removed) at least one central reason for their persecution; and (3) provide that an applicant's testimony may be sufficient to sustain this burden of proof only if the trier of fact determines that it is credible, persuasive, and fact-specific. Requires corroborating evidence where requested by the trier of fact unless the applicant does not have the evidence and cannot reasonably obtain it.
Authorizes a trier of fact, considering the totality of the circumstances and all relevant factors, to base credibility determinations in asylum cases on the: (1) demeanor, candor, or responsiveness of the applicant or witness; (2) inherent plausibility of the applicant's or witness' account; (3) consistency between the applicant's or witness' written and oral statements; (4) internal consistency of each such statement; (5) consistency of such statements with other evidence of record (including the Department of State's reports on country conditions); and (6) any inaccuracies or falsehoods in such statements regardless of whether they go to the heart of the applicant's claim. States that there is no presumption of credibility but that, if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal.
Makes this Act's provisions regarding proof requirements and credibility determinations in asylum proceedings applicable to other requests for relief from removal.
Limits judicial review of determinations regarding the availability of corroborating evidence.
Removes the numerical limit on the number of aliens granted asylum who may become lawful permanent residents in any fiscal year (currently set at 10,000). Strikes a provision setting refugee admission numbers for persons subject to persecution for their resistance to coercive population control methods.
Repeals provisions of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) requiring a study and report on terrorists in the asylum system.
(Sec. 102) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) to authorize the Secretary of Homeland Security (the Secretary), in the Secretary's sole discretion, to waive all legal requirements as necessary to ensure expeditious construction of certain barriers and roads at the U.S. border. Makes the Secretary's decision effective upon publication in the Federal Register. Gives U.S. district courts exclusive jurisdiction to hear causes or claims arising from actions or decisions by the Secretary pursuant to this section. Limits such causes or claims to those alleging a violation of the Constitution. Authorizes appellate review only upon petition for a writ of certiorari to the Supreme Court.
(Sec. 103) Expands the grounds of inadmissibility and deportability due to terrorist or terrorist-related activity to include aliens who: (1) are representatives of terrorist organizations or political, social, or other groups that endorse or espouse terrorist activity; (2) are members of designated terrorist organizations; (3) are members of organizations that engage in specified acts of terrorism; (4) endorse or espouse terrorist activity or persuade others to do so; or (5) have received military-type training from or on behalf of any organization that at the time was a terrorist organization.
Expands the definition of "terrorist organization" to incorporate a broader range of underlying activities.
Makes this section applicable to removal proceedings instituted, and grounds of inadmissibility occurring, before, on, or after the enactment of this Act.
(Sec. 104) Authorizes the Secretary of State or the Secretary to conclude in such Secretary's sole unreviewable discretion that specified terrorism-related grounds of inadmissibility shall not apply to an alien, including those grounds applicable to: (1) representatives of groups whose public endorsement of terrorist activities the Secretary of State has determined undermines U.S. efforts to reduce or eliminate terrorist activities; (2) spouses or children of aliens inadmissible on terrorist grounds for activities occurring within the last five years; (3) aliens providing material support to organizations or individuals that have engaged in terrorist activity; or (4) groups that fall within the definition of "terrorist organization" simply by virtue of having a subgroup consisting of two or more individuals that engages in specified terrorist activity or related planning. Prohibits the Secretary of State from exercising such discretion after removal proceedings have been instituted.
Requires the Secretary and the Secretary of State to provide annual reports on application of this section to the House Judiciary, International Relations, and Homeland Security Committees and the Senate Judiciary and Foreign Relations Committees, and to provide such reports within one week of applying this section to a group.
(Sec. 105) Expands the grounds of deportability due to terrorist activity to include aliens who would be inadmissible on terrorism-related grounds.
Makes this section applicable to: (1) removal proceedings instituted before, on, or after the date of enactment of this Act; and (2) grounds of inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such date.
Repeals overlapping deportation provisions of the IRTPA.
(Sec. 106) Bars inadmissible arriving aliens from seeking judicial review of removal orders through habeas corpus, mandamus, or other extraordinary petitions.
Imposes a similar bar on denials of discretionary relief and orders against criminal aliens, with an exception for petitions for review concerning constitutional claims or questions of law.
Establishes the INA's judicial review provisions as the sole avenue for reviewing claims arising under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment and for challenging removal orders.
Requires petitions for review filed under pre-IIRIRA law to be treated as if filed under the INA as amended by this section. States that such petitions shall be the sole and exclusive means for judicial review of orders of deportation or exclusion.
Title II: Improved Security for Driver's Licenses and Personal Identification Cards - (Sec. 202) Prohibits Federal agencies from accepting State issued driver's licenses or identification cards unless such documents are determined by the Secretary to meet minimum security requirements, including the incorporation of specified data, a common machine-readable technology, and certain anti-fraud security features.
Sets forth minimum issuance standards for such documents that require: (1) verification of presented information; (2) evidence that the applicant is lawfully present in the United States; (3) issuance of temporary driver's licenses or identification cards to persons temporarily present that are valid only for their period of authorized stay (or for one year where the period of stay is indefinite); (4) a clear indication that such documents may not be accepted for Federal purposes where minimum issuance standards are not met; and (5) electronic access by all other States to the issuing State's motor vehicle database.
(Sec. 203) Amends the Federal criminal code to prohibit trafficking in actual as well as false authentication features for use in false identification documents, document-making implements, or means of identification. Requires the Secretary to enter into the appropriate aviation security screening database information regarding persons convicted of using false driver's licenses at airports.
(Sec. 204) Authorizes the Secretary to make grants to assist States in conforming to the minimum standards set forth in this title.
(Sec. 205) Gives the Secretary all authority to issue regulations, set standards, and issue grants under this title. Authorizes the Secretary to grant States an extension of time to meet the minimum document requirements and issuance standards of this title, with adequate justification.
(Sec. 206) Repeals overlapping document provisions of the IRTPA.
(Sec. 207) States that nothing in this title shall be construed to affect the authorities and responsibilities of the Secretary of Transportation or the States under existing laws governing the establishment of a National Driver Register.
Title III: Border Infrastructure and Technology Integration - (Sec. 301) Directs the Under Secretary of Homeland Security for Border and Transportation Security to study the technology, equipment, and personnel needed to address security vulnerabilities within the United States for each Customs and Border Protection field office that has responsibility for U.S. borders with Canada and Mexico.
(Sec. 302) Directs the Under Secretary of Homeland Security for Science and Technology to develop and report to specified congressional committees on a pilot program to utilize, or increase the utilization of, ground surveillance technologies to enhance U.S. border security. Requires pilot program technologies to include video camera, sensor, and motion detection technologies.
(Sec. 303) Requires the Secretary, acting through the Under Secretary for Border and Transportation Security, to develop and implement a plan to: (1) improve communications systems of Federal agencies to facilitate integrated communications among such agencies, State and local government agencies, and Indian tribes on border security matters; and (2) enhance related information sharing among such entities.
Title IV: Temporary Workers - Save Our Small and Seasonal Businesses Act of 2005 - (Sec. 402) Amends the INA to prohibit an alien counted toward the numerical limitation applicable to H-2B nonimmigrants (temporary nonagricultural workers) during any one of the three fiscal years prior to the fiscal year of the approved start date of an H-2B petition from being counted toward the limitation in the fiscal year of petition approval. States that such aliens shall be considered returning workers. Sets forth requirements for returning worker petitions. Prohibits approval of an H-2B visa or a grant of nonimmigrant status for a returning worker absent confirmation of the alien's status as a returning worker by the Department of State or, if the alien is visa exempt or seeking to change status under H-2B provisions, by DHS. Makes this section effective as if enacted on October 1, 2004. Provides for its expiration on October 1, 2006.
(Sec. 403) Requires the Secretary to impose a fraud prevention and detection fee on employers filing H-2B petitions. Mandates the deposit of such fees into the Fraud Prevention and Detection Account.
(Sec. 404) Authorizes additional penalties for a substantial failure to meet any condition of an H-2B petition or the willful misrepresentation of a material fact in such a petition.
(Sec. 405) Requires the allocation of the numerical limitation on the issuance of H-2B visas or H-2B nonimmigrant status (currently, 66,000) such that the total number of H-2B nonimmigrants entering the United States during the first six months of a fiscal year is not more than 33,000.
(Sec. 406) Directs the Secretary and the Secretary of State to provide the House and Senate Judiciary Committees with information on: (1) the numbers of aliens granted H-2B status or terminated from H-2B status, on a semiannual basis; and (2) the countries of origin, occupations of, and compensation paid to aliens granted H-2B status, the number of aliens terminated from such status, and the number of aliens provided such status during both the fiscal year reported and the preceding fiscal year, on an annual basis. Requires the Secretary of State to provide information relevant to such reports upon request by the Secretary.
(Sec. 407) Makes rulemaking provisions of the Administrative Procedure Act inapplicable to specified provisions of this Title to the extent that the Secretary, the Secretary of Labor, or the Secretary of State determines that compliance with that Act would impede expeditious implementation.
Title V: Other Changes to Provisions Governing Nonimmigrant and Immigrant Visas - (Sec. 501) Provides E nonimmigrant status for nationals of Australia, with respect to whom the employer has filed labor attestations, who are entering the United States solely to perform services in a specialty occupation. Limits approvals of such applications to 10,500 per fiscal year.
(Sec. 502) Amends the American Competitiveness in the Twenty-first Century Act of 2000 to modify the formula for recapturing unused employment-based immigrant visas for certain medical professionals.
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