[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1268 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                H. R. 1268

_______________________________________________________________________

                                 AN ACT


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2005, and for 
other purposes, namely:

DIVISION A--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

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $3,061,300,000 (reduced by $1,000,000) (increased by 
$1,000,000), of which--
            (1) not to exceed $25,000,000 may be used for the Combatant 
        Commander Initiative Fund, to be used in support of Operation 
        Iraqi Freedom and Operation Enduring Freedom; and
            (2) up to $1,220,000,000, to remain available until 
        expended, may be used for payments to reimburse Pakistan, 
        Jordan, and other key cooperating nations, for logistical, 
        military, and other support provided, or to be provided, to 
        United States military operations, notwithstanding any other 
        provision of law: Provided, That such payments may be made in 
        such amounts as the Secretary of Defense, with the concurrence 
        of the Secretary of State, and in consultation with the 
        Director of the Office of Management and Budget, may determine, 
        in his discretion, based on documentation determined by the 
        Secretary of Defense to adequately account for the support 
        provided, and such determination is final and conclusive upon 
        the accounting officers of the United States, and 15 days 
        following notification to the appropriate congressional 
        committees: Provided further, That the Secretary of Defense 
        shall provide quarterly reports to the Committees on 
        Appropriations on the use of funds provided in this paragraph: 
        Provided further, That the amounts provided under this heading 
        are designated as an emergency requirement pursuant to section 
        402 of the conference report to accompany S. Con. Res. 95 
        (108th Congress).

                Operation and Maintenance, Army Reserve

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

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

             Operation and Maintenance, Army National Guard

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

             Overseas Humanitarian, Disaster, and Civic Aid

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

                    Afghanistan Security Forces Fund

                     (including transfer of funds)

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

                       Iraq Security Forces Fund

                     (including transfer of funds)

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

                              PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

                     (including transfer of funds)

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

                       Aircraft Procurement, Navy

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

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

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

           Research, Development, Test, and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities, Defense'', $257,000,000, to remain available until December 
31, 2005: Provided, That these funds may be used for such activities 
related to Afghanistan and the Central Asia area: Provided further, 
That the Secretary of Defense may transfer the funds provided herein 
only to appropriations for military personnel; operation and 
maintenance; procurement; and research, development, test and 
evaluation: Provided further, That the funds transferred shall be 
merged with and be available for the same purposes and for the same 
time period as the appropriation to which transferred: Provided 
further, That the transfer authority provided in this paragraph is in 
addition to any other transfer authority available to the Department of 
Defense: Provided further, That upon a determination that all or part 
of the funds transferred from this appropriation are not necessary for 
the purposes provided herein, such amounts may be transferred back to 
this appropriation: Provided further, That not to exceed $70,000,000 of 
the funds provided herein may be used to reimburse fully this account 
for obligations incurred for the purposes provided under this heading 
prior to enactment of this Act: Provided further, That the amounts 
provided under this heading are designated as an emergency requirement 
pursuant to section 402 of the conference report to accompany S. Con. 
Res. 95 (108th Congress).

                    Office of the Inspector General

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

                            RELATED AGENCIES

               Intelligence Community Management Account

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

                    GENERAL PROVISIONS--THIS CHAPTER

                          (transfer of funds)

    Sec. 1101. Upon his determination that such action is necessary in 
the national interest, the Secretary of Defense may transfer between 
appropriations up to $2,000,000,000 of the funds made available to the 
Department of Defense in this chapter: Provided, That the Secretary 
shall notify the Congress promptly of each transfer made pursuant to 
this authority: Provided further, That the transfer authority provided 
in this section is in addition to any other transfer authority 
available to the Department of Defense: Provided further, That the 
authority in this section is subject to the same terms and conditions 
as the authority provided in section 8005 of the Department of Defense 
Appropriations Act, 2005, except for the fourth proviso: Provided 
further, That the amounts made available by the transfer of funds in or 
pursuant to this section are designated as an emergency requirement 
pursuant to section 402 of the conference report to accompany S. Con. 
Res. 95 (108th Congress).
    Sec. 1102. Section 8005 of the Department of Defense Appropriations 
Act, 2005 (Public Law 108-287; 118 Stat. 969), is amended by striking 
``$3,500,000,000'' and inserting ``$5,500,000,000'': Provided, That the 
amounts made available by the transfer of funds in or pursuant to this 
section are designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).

                          (transfer of funds)

    Sec. 1103. During fiscal year 2005, the Secretary of Defense may 
transfer amounts in or credited to the Defense Cooperation Account, 
pursuant to section 2608 of title 10, United States Code, to such 
appropriations or funds of the Department of Defense as he shall 
determine for use consistent with the purposes for which such funds 
were contributed and accepted: Provided, That such amounts shall be 
available for the same time period as the appropriation to which 
transferred: Provided further, That the Secretary shall report to the 
Congress all transfers made pursuant to this authority: Provided 
further, That the amounts provided under this heading are designated as 
an emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th Congress).
    Sec. 1104. (a) Authority To Provide Support.--Of the amount 
appropriated by this Act under the heading, ``Drug Interdiction and 
Counter-Drug Activities, Defense'', not to exceed $34,000,000 may be 
made available for support for counter-drug activities of the 
Government of Afghanistan, and not to exceed $4,000,000 may be made 
available for support for counter-drug activities of the Government of 
Pakistan: Provided, That such support shall be in addition to support 
provided for the counter-drug activities of said Governments under any 
other provision of the law.
    (b) Types of Support.--(1) Except as specified in subsections 
(b)(2) and (b)(3) of this section, the support that may be provided 
under the authority in this section shall be limited to the types of 
support specified in section 1033(c)(1) of the National Defense 
Authorization Act for Fiscal Year 1998 (Public Law 105-85, as amended 
by Public Law 106-398 and Public Law 108-136) and conditions on the 
provision of support as contained in section 1033 shall apply for 
fiscal year 2005.
    (2) The Secretary of Defense may transfer vehicles, aircraft, and 
detection, interception, monitoring and testing equipment to said 
Governments for counter-drug activities.
    (3) For the Government of Afghanistan, the Secretary of Defense may 
also provide individual and crew-served weapons, and ammunition for 
counter-drug security forces.
    Sec. 1105. The paragraph under the heading ``Operation and 
Maintenance, Defense-Wide'' in title II of the Department of Defense 
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 954), is 
amended in the first proviso by striking ``$32,000,000'' and inserting 
``$40,000,000''.
    Sec. 1106. For fiscal year 2005, the limitation under paragraph (3) 
of section 2208(l) of title 10, United States Code, on the total amount 
of advance billings rendered or imposed for all working capital funds 
of the Department of Defense in a fiscal year shall be applied by 
substituting ``$1,500,000,000'' for ``$1,000,000,000''.
    Sec. 1107. Section 1201(a) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2077), as amended by section 102 of title I of division J of the 
Consolidated Appropriations Act, 2005 (Public Law 108-447), is further 
amended by striking ``$500,000,000'' in the matter preceding paragraph 
(1) and inserting ``$854,000,000''.
    Sec. 1108. Section 8090(b) of the Department of Defense 
Appropriations Act, 2005 (Public Law 108-287), is amended by striking 
``$185,000,000'' and inserting ``$210,000,000''.
    Sec. 1109. (a) During calendar year 2005 and notwithstanding 
section 5547 of title 5, United States Code, the head of an Executive 
agency may waive the limitation, up to $200,000, established in that 
section for total compensation, including limitations on the aggregate 
of basic pay and premium pay payable in a calendar year, to an employee 
who performs work while in an overseas location that is in the area of 
responsibility of the Commander of the U.S. Central Command, in support 
of, or related to--
            (1) a military operation, including a contingency 
        operation; or
            (2) an operation in response to a declared emergency.
    (b) To the extent that a waiver under subsection (a) results in 
payment of additional premium pay of a type that is normally creditable 
as basic pay for retirement or any other purpose, such additional pay 
shall not be considered to be basic pay for any purpose, nor shall it 
be used in computing a lump-sum payment for accumulated and accrued 
annual leave under section 5551 of title 5, United States Code.
    (c) The Director of the Office of Personnel Management may issue 
regulations to ensure appropriate consistency among heads of executive 
agencies in the exercise of authority granted by this section.
    Sec. 1110. Section 1096(b) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458) is amended--
            (1) in the matter preceding paragraph (1), by striking ``in 
        the fiscal year after the effective date of this Act'' and 
        inserting ``during fiscal years 2005 and 2006''; and
            (2) in paragraph (1), by striking ``500 new personnel 
        billets'' and inserting ``a total of 500 new personnel 
        positions''.
    Sec. 1111. Section 1051a(e) of title 10, United States Code, is 
amended by striking ``September 30, 2005'' and inserting ``December 31, 
2005''.
    Sec. 1112. Notwithstanding subsection (c) of section 308e of title 
37, United States Code, the maximum amount of the bonus paid to a 
member of the Armed Forces pursuant to a reserve affiliation agreement 
entered into under such section during fiscal year 2005 shall not 
exceed $10,000, and the Secretary of Defense, and the Secretary of 
Homeland Security with respect to the Coast Guard, may prescribe 
regulations under subsection (f) of such section to modify the method 
by which bonus payments are made under reserve affiliation agreements 
entered into during such fiscal year.
    Sec. 1113. (a) Increase in SGLI Maximum.--Section 1967 of title 38, 
United States Code, is amended--
            (1) in subsection (a)(3)(A)(i), by striking ``$250,000'' 
        and inserting ``$400,000 or such lesser amount as the member 
        may elect in increments of $50,000'';
          (2) in subsection (a)(3)(B), by striking ``member or spouse'' 
        in the last sentence and inserting ``member, be evenly 
        divisible by $50,000 and, in the case of a member's spouse''; 
        and
          (3) in subsection (d), by striking ``of $250,000'' and 
        inserting ``in effect under subsection (a)(3)(A)(i)''.
    (b) Spouse Consent and Beneficiary Notification.--Section 
1967(a)(3)(B) of such title is amended--
            (1) by inserting ``(i)'' after ``(B)''; and
            (2) by adding at the end the following new clauses:
                            ``(ii) A member who is married may not, 
                        without the written concurrence of the member's 
                        spouse--
                                    ``(I) elect not to be insured under 
                                this subchapter or to be insured under 
                                this subchapter in an amount less than 
                                the maximum amount provided for under 
                                subparagraph (A)(i); or
                                    ``(II) designate any other person 
                                as a beneficiary under this program.
                            ``(iii) Whenever a member who is not 
                        married elects not to be insured under this 
                        subchapter or to be insured under this 
                        subchapter in an amount less than the maximum 
                        amount provided for under subparagraph (A)(i), 
                        the Secretary concerned shall provide a notice 
                        of such election to any person designated by 
                        the member as a beneficiary or designated as 
                        the member's next-of-kin for the purpose of 
                        emergency notification, as determined under 
                        regulations prescribed by the Secretary of 
                        Defense.''.
    (c) Limitation on Spouse Coverage to Amount of Member Coverage.--
Section 1967(a)(3)(C) of such title is amended by inserting before the 
period at the end the following: ``as applicable to such member under 
subparagraph (A)(i)''.
    (d) Conforming Amendments to VGLI Provisions.--Section 1977 of such 
title is amended by striking ``$250,000'' each place it appears and 
inserting ``$400,000''.
    (e) Military Death Gratuity.--Section 1478 of title 10, United 
States Code, is amended--
            (1) in subsection (a), by striking ``$12,000 (as adjusted 
        under subsection (c))'' and inserting ``$100,000''; and
            (2) by striking subsection (c).
    (f) Effective Date.--The amendments made by this section shall 
apply with respect to deaths occurring on or after the date of the 
enactment of this Act.
    Sec. 1114. (a) Special Death Gratuity for Certain Prior Deaths in 
Service.--In the case of the death of a member of the uniformed 
services that is a qualifying death (as specified in subsection (b)), 
the Secretary concerned shall pay a death gratuity of not more than 
$238,000. Of that amount--
            (1) $150,000 shall be paid in the manner specified in 
        subsection (c); and
            (2) $88,000 shall be paid in the manner specified in 
        subsection (d).
    (b) Qualifying Deaths.--The death of a member of the uniformed 
services is a qualifying death for purpose of this section if--
            (1) the member died during the period beginning on October 
        7, 2001, and ending on the day before the date of the enactment 
        of this Act;
            (2) for the purpose of section 1114(a)(2), the death was a 
        direct result of an injury or illness (or combination of one or 
        more injuries or illness) incurred in Operation Enduring 
        Freedom or Operation Iraqi Freedom, as determined under 
        regulations prescribed by the Secretary of Defense; and
            (3) for the purpose of section 1114(a)(1), the death was a 
        direct result of an injury or illness (or combination of one or 
        more injuries or illness) incurred by any active duty military 
        member in the performance of duty.
    (c) SGLI Beneficiaries.--A payment pursuant to subsection (a)(1) by 
reason of a covered death shall be paid--
            (1) to a beneficiary in proportion to the share of benefits 
        applicable to such beneficiary in the payment of life insurance 
        proceeds paid on the basis of that death under the 
        Servicemembers Group Life Insurance program under subchapter 
        III of chapter 19 of title 38, United States Code; or
            (2) in the case of a member who elected not to be insured 
        under the provisions of that subchapter, in equal shares to the 
        person or persons who would have received proceeds under those 
        provisions of law for a member who is insured under that 
        subchapter but does not designate named beneficiaries.
    (d) Military Death Gratuity Beneficiaries.--A payment pursuant to 
subsection (a)(2) by reason of a covered death shall be paid equal 
shares to the beneficiaries who were paid the death gratuity that was 
paid with respect to that death under subchapter II of chapter 75 of 
title 10, United States Code.
    (e) Status of Payments.--A death gratuity payable under this 
section by reason of a qualifying death is in addition to any other 
death gratuity or other benefit payable by the United States by reason 
of that death.
    (f) Definition.--For the purposes of this section, the term 
``Secretary concerned'' has the meaning given that term in section 101 
of title 37, United States Code.''.
    Sec. 1115. Funds appropriated in this chapter, or made available by 
transfer of funds in or pursuant to this chapter, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414).
    Sec. 1116. None of the funds provided in this chapter may be used 
to finance programs or activities denied by Congress in fiscal year 
2004 and 2005 appropriations to the Department of Defense or to 
initiate a procurement or research, development, test and evaluation 
new start program without prior written notification to the 
congressional defense committees.

                               CHAPTER 2

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

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

              Military Construction, Navy and Marine Corps

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

                    Military Construction, Air Force

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

                        Military Personnel, Army

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

                    Operation and Maintenance, Army

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

                         Defense Health Program

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

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

                               CHAPTER 1

                     BILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

              International Disaster and Famine Assistance

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

   Operating Expenses of the United States Agency for International 
                              Development

    For an additional amount for ``Operating Expenses of the United 
States Agency for International Development'', $24,400,000, to remain 
available until September 30, 2006.

   Operating Expenses of the United States Agency for International 
                              Development

                      Office of Inspector General

    For an additional amount for ``Operating Expenses of the United 
States Agency for International Development Office of Inspector 
General'', $2,500,000, to remain available until September 30, 2006.

                  OTHER BILATERAL ECONOMIC ASSISTANCE

                         Economic Support Fund

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

    Assistance for the Independent States of the Former Soviet Union

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

                          DEPARTMENT OF STATE

          International Narcotics Control and Law Enforcement

                     (including transfer of funds)

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

                    Migration and Refugee Assistance

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

    Nonproliferation, Anti-Terrorism, Demining and Related Programs

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

                          MILITARY ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

                   Foreign Military Financing Program

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

                        Peacekeeping Operations

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

                    GENERAL PROVISIONS--THIS CHAPTER

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

                              (rescission)

    Sec. 2102. The unexpended balance appropriated by Public Law 108-11 
under the heading ``Economic Support Fund'' and made available for 
Turkey is rescinded.
    Sec. 2103. Section 559 of division D of Public Law 108-447 is 
amended by adding at the end the following:
    ``(e) Subsequent to the certification specified in subsection (a), 
the Comptroller General of the United States shall conduct an audit and 
an investigation of the treatment, handling, and uses of all funds for 
the bilateral West Bank and Gaza Program in fiscal year 2005 under the 
heading `Economic Support Fund'. The audit shall address--
            ``(1) the extent to which such Program complies with the 
        requirements of subsections (b) and (c), and
            ``(2) an examination of all programs, projects, and 
        activities carried out under such Program, including both 
        obligations and expenditures.''.
    Sec. 2104. The Secretary of State shall submit to the Committees on 
Appropriations not later than 30 days after enactment, and prior to the 
initial obligation of funds appropriated under this chapter, a report 
on the proposed uses of all funds on a project-by-project basis, for 
which the obligation of funds is anticipated: Provided, That up to 10 
percent of funds appropriated under this chapter may be obligated 
before the submission of the report subject to the normal notification 
procedures of the Committees on Appropriations: Provided further, That 
the report shall be updated and submitted to the Committees on 
Appropriations every six months and shall include information detailing 
how the estimates and assumptions contained in previous reports have 
changed: Provided further, That any new projects and increases in 
funding of ongoing projects shall be subject to the prior approval of 
the Committees on Appropriations: Provided further, That the Secretary 
of State shall submit to the Committees on Appropriations, not later 
than 210 days following enactment of this Act and annually thereafter, 
a report detailing on a project-by-project basis the expenditure of 
funds appropriated under this chapter until all funds have been fully 
expended.
    Sec. 2105. The Comptroller General of the United States shall 
conduct an audit of the use of all funds for the bilateral Afghanistan 
counternarcotics and alternative livelihood programs in fiscal year 
2005 under the heading ``Economic Support Fund'' and ``International 
Narcotics Control and Law Enforcement'': Provided, That the audit shall 
include an examination of all programs, projects and activities carried 
out under such programs, including both obligations and expenditures.
    Sec. 2106. No later than 60 days after the date of enactment of 
this Act, the President shall submit a report to the Congress 
detailing--
            (1) information regarding the Palestinian security 
        services, including their numbers, accountability, and chains 
        of command, and steps taken to purge from their ranks 
        individuals with ties to terrorist entities;
            (2) specific steps taken by the Palestinian Authority to 
        dismantle the terrorist infrastructure, confiscate unauthorized 
        weapons, arrest and bring terrorists to justice, destroy 
        unauthorized arms factories, thwart and preempt terrorist 
        attacks, and cooperate with Israel's security services;
            (3) specific actions taken by the Palestinian Authority to 
        stop incitement in Palestinian Authority-controlled electronic 
        and print media and in schools, mosques, and other institutions 
        it controls, and to promote peace and coexistence with Israel;
            (4) specific steps the Palestinian Authority has taken to 
        ensure democracy, the rule of law, and an independent 
        judiciary, and transparent and accountable governance;
            (5) the Palestinian Authority's cooperation with United 
        States officials in their investigations into the late 
        Palestinian leader Yasser Arafat's finances; and
            (6) the amount of assistance pledged and actually provided 
        to the Palestinian Authority by other donors:
Provided, That not later than 180 days after enactment of this Act, the 
President shall submit to the Congress an update of this report: 
Provided further, That up to $5,000,000 of the funds made available for 
assistance to the West Bank and Gaza by this title under ``Economic 
Support Fund'' shall be used for an outside, independent evaluation by 
an internationally recognized accounting firm of the transparency and 
accountability of Palestinian Authority accounting procedures and an 
audit of expenditures by the Palestinian Authority: Provided further, 
That the waiver authority of section 550(b) of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 2005 (Public 
Law 108-447) may not be exercised with respect to funds appropriated 
for assistance to the Palestinians under this chapter: Provided 
further, That the waiver detailed in Presidential Determination 2005-10 
issued on December 8, 2004, shall not be extended to funds appropriated 
under this chapter.

                               CHAPTER 2

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    Diplomatic and Consular Programs

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

            Embassy Security, Construction, and Maintenance

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

                      International Organizations

        Contributions for International Peacekeeping Activities

                     (including transfer of funds)

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

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 International Broadcasting Operations

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

                               CHAPTER 3

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service

                     Public Law 480 Title II Grants

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

        TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON TERROR

                               CHAPTER 1

                          DEPARTMENT OF ENERGY

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                    Defense Nuclear Nonproliferation

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

                               CHAPTER 2

                    DEPARTMENT OF HOMELAND SECURITY

                       UNITED STATES COAST GUARD

                           Operating Expenses

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

              Acquisition, Construction, and Improvements

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

                               CHAPTER 3

                         DEPARTMENT OF JUSTICE

                    Federal Bureau of Investigation

                         Salaries and Expenses

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

                    Drug Enforcement Administration

                         Salaries and Expenses

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

                 TITLE IV--INDIAN OCEAN TSUNAMI RELIEF

                               CHAPTER 1

                  FUNDS APPROPRIATED TO THE PRESIDENT

                       OTHER BILATERAL ASSISTANCE

                Tsunami Recovery and Reconstruction Fund

                     (including transfers of funds)

    For necessary expenses to carry out the Foreign Assistance Act of 
1961, for emergency relief, rehabilitation, and reconstruction aid to 
countries affected by the tsunami and earthquakes of December 2004, and 
for other purposes, $656,000,000 (increased by $3,000,000), to remain 
available until September 30, 2006: Provided, That these funds may be 
transferred by the Secretary of State to any Federal agency or account 
for any activity authorized under part I (including chapter 4 of part 
II) of the Foreign Assistance Act, or under the Agricultural Trade 
Development and Assistance Act of 1954, to accomplish the purposes 
provided herein: Provided further, That upon a determination that all 
or part of the funds so transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That funds 
appropriated under this heading may be used to reimburse fully accounts 
administered by the United States Agency for International Development 
for obligations incurred for the purposes provided under this heading 
prior to enactment of this Act, including Public Law 480 Title II 
grants: Provided further, That the amounts provided under this heading 
are designated as an emergency requirement pursuant to section 402 of 
the conference report to accompany S. Con. Res. 95 (108th Congress): 
Provided further, That of the amounts provided herein: up to 
$10,000,000 may be transferred to and consolidated with the Development 
Credit Authority for the cost of direct loans and loan guarantees as 
authorized by sections 256 and 635 of the Foreign Assistance Act of 
1961 in furtherance of the purposes of this heading; up to $15,000,000 
may be transferred to and consolidated with ``Operating Expenses of the 
United States Agency for International Development'', of which up to 
$2,000,000 may be used for administrative expenses to carry out credit 
programs administered by the United States Agency for International 
Development in furtherance of the purposes of this heading; up to 
$500,000 may be transferred to and consolidated with ``Operating 
Expenses of the United States Agency for International Development, 
Office of Inspector General''; and up to $5,000,000 may be transferred 
to and consolidated with ``Administration of Foreign Affairs 
Emergencies in the Diplomatic and Consular Service'' for the purpose of 
providing support services for U.S. citizen victims and related 
operations.

                           GENERAL PROVISION

    Sec. 4101. Amounts made available pursuant to section 492(b) of the 
Foreign Assistance Act of 1961 to address relief and rehabilitation 
needs for countries affected by the tsunami and earthquake of December 
2004, prior to the enactment of this Act, shall be in addition to the 
amount that may be obligated in fiscal year 2005 under that section.
    Sec. 4102. The Secretary of State shall submit to the Committees on 
Appropriations not later than 30 days after enactment, and prior to the 
initial obligation of funds appropriated under this chapter, a report 
on the proposed uses of all funds on a project-by-project basis, for 
which the obligation of funds is anticipated: Provided, That up to 10 
percent of funds appropriated under this chapter may be obligated 
before the submission of the report subject to the normal notification 
procedures of the Committees on Appropriations: Provided further, That 
the report shall be updated and submitted to the Committees on 
Appropriations every six months and shall include information detailing 
how the estimates and assumptions contained in previous reports have 
changed: Provided further, That any proposed new projects and increases 
in funding of ongoing projects shall be reported to the Committees on 
Appropriations in accordance with regular notification procedures: 
Provided further, That the Secretary of State shall submit to the 
Committees on Appropriations, not later than 210 days following 
enactment of this Act, and every six months thereafter, a report 
detailing on a project-by project basis, the expenditure of funds 
appropriated under this chapter until all funds have been fully 
expended.

                               CHAPTER 2

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

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

             Overseas Humanitarian, Disaster, and Civic Aid

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

                               CHAPTER 3

                         DEPARTMENT OF DEFENSE

                         Defense Health Program

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

                                 CHAPTER 4

                    DEPARTMENT OF HOMELAND SECURITY

                       UNITED STATES COAST GUARD

                           Operating Expenses

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

                               CHAPTER 5

                       DEPARTMENT OF THE INTERIOR

                    UNITED STATES GEOLOGICAL SURVEY

                 Surveys, Investigations, and Research

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

                               CHAPTER 6

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration

                  Operations, Research, and Facilities

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

               Procurement, Acquisition and Construction

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

         TITLE V--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS

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

                     (including transfers of funds)

    Sec. 5002. Notwithstanding any other provision of law, upon 
enactment of this Act, the Secretary of Defense shall make the 
following transfers of funds previously made available in the 
Department of Defense Appropriations Act, 2005 (Public Law 108-287): 
Provided, That the amounts transferred shall be made available for the 
same purpose and the same time period as the appropriation to which 
transferred: Provided further, That the authority provided in this 
section is in addition to any other transfer authority available to the 
Department of Defense: Provided further, That the amounts shall be 
transferred between the following appropriations, in the amounts 
specified:
                To:
                        Under the heading, ``Research, Development, 
                        Test and Evaluation, Air Force, 2005/2006'', 
                        $500,000;
                From:
                        Under the heading, ``Other Procurement, Air 
                        Force'', $500,000.
                To:
                        Under the heading, ``Other Procurement, Air 
                        Force, 2005/2007'', $8,200,000;
                From:
                        Under the heading, ``Other Procurement, Navy, 
                        2005/2007'', $8,200,000.
    Sec. 5003. Funds appropriated by this Act may be obligated and 
expended notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, section 313 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) and 
section 10 of Public Law 91-672 (22 U.S.C. 2412), and section 504(a)(1) 
of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
    Sec. 5004. The last proviso under the heading ``Operation and 
Maintenance'' in title I of division C of Public Law 108-447 is amended 
by striking ``Public Law 108-357'' and inserting ``Public Law 108-
137''.
    Sec. 5005. Section 101 of title I of division C of Public Law 108-
447 is amended by striking ``per project'' and all that follows through 
the period at the end and inserting ``for all applicable programs and 
projects not to exceed $80,000,000 in each fiscal year.''.
    Sec. 5006. The matter under the heading ``Water and Related 
Resources'' in title II of division C of Public Law 108-447 is amended 
by inserting before the period at the end the following: ``: Provided 
further, That $4,023,000 of the funds appropriated under this heading 
shall be deposited in the San Gabriel Basin Restoration Fund 
established by section 110 of title I of division B of the 
Miscellaneous Appropriations Act, 2001 (as enacted into law by Public 
Law 106-554)''.
    Sec. 5007. In division C, title III of the Consolidated 
Appropriations Act, 2005 (Public Law 108-447), the item relating to 
``Department of Energy--Energy Programs--Nuclear Waste Disposal'' is 
amended by--
            (1) inserting ``to be derived from the Nuclear Waste Fund 
        and'' after ``$346,000,000,''; and
            (2) striking ``to conduct scientific oversight 
        responsibilities and participate in licensing activities 
        pursuant to the Act'' and inserting ``to participate in 
        licensing activities and other appropriate activities pursuant 
        to the Act''.
    Sec. 5008. Section 144(b)(2) of title I of division E of Public Law 
108-447 is amended by striking ``September 24, 2004'' and inserting 
``November 12, 2004''.
    Sec. 5009. In the statement of the managers of the committee of 
conference accompanying H.R. 4818 (Public Law 108-447; House Report 
108-792), in the matter in title III of division F, relating to the 
Fund for the Improvement of Education under the heading ``Innovation 
and Improvement''--
            (1) the provision specifying $500,000 for the Mississippi 
        Museum of Art, Jackson, MS for Hardy Middle School After School 
        Program shall be deemed to read ``Mississippi Museum of Art, 
        Jackson, MS for a Mississippi Museum of Art After-School 
        Collaborative'';
            (2) the provision specifying $2,000,000 for the Milken 
        Family Foundation, Santa Monica, CA, for the Teacher 
        Advancement Program shall be deemed to read ``Teacher 
        Advancement Program Foundation, Santa Monica, CA for the 
        Teacher Advancement Program'';
            (3) the provision specifying $1,000,000 for Batelle for 
        Kids, Columbus, OH for a multi-state effort to evaluate and 
        learn the most effective ways for accelerating student academic 
        growth shall be deemed to read ``Battelle for Kids, Columbus, 
        OH for a multi-state effort to implement, evaluate and learn 
        the most effective ways for accelerating student academic 
        growth'';
            (4) the provision specifying $750,000 for the Institute of 
        Heart Math, Boulder Creek, CO for a teacher retention and 
        student dropout prevention program shall be deemed to read 
        ``Institute of Heart Math, Boulder Creek, CA for a teacher 
        retention and student dropout prevention program'';
            (5) the provision specifying $200,000 for Fairfax County 
        Public Schools, Fairfax, VA for Chinese language programs in 
        Franklin Sherman Elementary School and Chesterbrook Elementary 
        School in McLean, Virginia shall be deemed to read ``Fairfax 
        County Public Schools, Fairfax, VA for Chinese language 
        programs in Shrevewood Elementary School and Wolftrap 
        Elementary School'';
            (6) the provision specifying $1,250,000 for the University 
        of Alaska/Fairbanks in Fairbanks, AK, working with the State of 
        Alaska and Catholic Community Services, for the Alaska System 
        for Early Education Development (SEED) shall be deemed to read 
        ``University of Alaska/Southeast in Juneau, AK, working with 
        the State of Alaska and Catholic Community Services, for the 
        Alaska System for Early Education Development (SEED)'';
            (7) the provision specifying $25,000 for QUILL Productions, 
        Inc., Aston, PA, to develop and disseminate programs to enhance 
        the teaching of American history shall be deemed to read 
        ``QUILL Entertainment Company, Aston, PA, to develop and 
        disseminate programs to enhance the teaching of American 
        history'';
            (8) the provision specifying $780,000 for City of St. 
        Charles, MO for the St. Charles Foundry Arts Center in support 
        of arts education shall be deemed to read ``The Foundry Art 
        Centre, St. Charles, Missouri for support of arts education in 
        conjunction with the City of St. Charles, MO'';
            (9) the provision specifying $100,000 for Community Arts 
        Program, Chester, PA, for arts education shall be deemed to 
        read ``Chester Economic Development Authority, Chester, PA for 
        a community arts program'';
            (10) the provision specifying $100,000 for Kids with A 
        Promise--The Bowery Mission, Bushkill, PA shall be deemed to 
        read ``Kids with A Promise--The Bowery Mission, New York, NY'';
            (11) the provision specifying $50,000 for Great Projects 
        Film Company, Inc., Washington, DC, to produce ``Educating 
        America'', a documentary about the challenges facing our public 
        schools shall be deemed to read ``Great Projects Film Company, 
        Inc., New York, NY, to produce `Educating America', a 
        documentary about the challenges facing our public schools'';
            (12) the provision specifying $30,000 for Summer Camp 
        Opportunities Provide an Edge (SCOPE), New York, NY for YMCA 
        Camps Skycrest, Speers and Elijabar shall be deemed to read 
        ``American Camping Association for Summer Camp Opportunities 
        Provide an Edge (SCOPE), New York, NY for YMCA Camps Skycrest 
        and Speers-Elijabar''; and
            (13) the provision specifying $163,000 for Space Education 
        Initiatives, Green Bay, WI for the Wisconsin Space Science 
        Initiative shall be deemed to read ``Space Education 
        Initiatives, De Pere, WI for the Wisconsin Space Science 
        Initiative''.
    Sec. 5010. In the statement of the managers of the committee of 
conference accompanying H.R. 4818 (Public Law 108-447; House Report 
108-792), in the matter in title III of division F, relating to the 
Fund for the Improvement of Postsecondary Education under the heading 
``Higher Education''--
            (1) the provision specifying $145,000 for the Belin-Blank 
        Center at the University of Iowa, Iowa City, IA for the Big 10 
        school initiative to improve minority student access to 
        Advanced Placement courses shall be deemed to read ``University 
        of Iowa, Iowa City, IA for the Iowa and Israel: Partners in 
        Excellence program to enhance math and science opportunities to 
        rural Iowa students'';
            (2) the provision specifying $150,000 for Mercy College, 
        Dobbs Ferry, NY for the development of a registered nursing 
        program shall be deemed to read ``Mercy College, Dobbs Ferry, 
        NY, for the development of a master's degree program in nursing 
        education, including marketing and recruitment activities'';
            (3) the provision specifying $100,000 for University of 
        Alaska/Southeast to develop distance education coursework for 
        arctic engineering courses and programs shall be deemed to read 
        ``University of Alaska System Office to develop distance 
        education coursework for arctic engineering courses and 
        programs''; and
            (4) the provision specifying $100,000 for Culver-Stockton 
        College, Canton, MO for equipment and technology shall be 
        deemed to read ``Moberly Area Community College, Moberly, MO 
        for equipment and technology''.
    Sec. 5011. The matter under the heading ``Corporation for National 
and Community Service--National and Community Service Programs 
Operating Expenses'' in title III of division I of Public Law 108-447 
is amended by inserting before the period at the end the following: ``: 
Provided further, That the Corporation may use up to 1 percent of 
program grant funds made available under this heading to defray its 
costs of conducting grant application reviews, including the use of 
outside peer reviewers''.
    Sec. 5012. Section 114 of title I of division I of the Consolidated 
Appropriations Act, 2005 (Public Law 108-447) is amended by inserting 
before the period ``and section 303 of Public Law 108-422''.
    Sec. 5013. Section 117 of title I of division I of the Consolidated 
Appropriations Act, 2005 (Public Law 108-447) is amended by striking 
``that are deposited into the Medical Care Collections Fund may be 
transferred and merged with'' and inserting ``may be deposited into 
the''.
    Sec. 5014. Section 1703(d)(2) of title 38, United States Code, is 
amended by striking ``shall be available for the purposes'' and 
inserting ``shall be available, without fiscal limitation, for the 
purposes''.
    Sec. 5015. Section 621 of title VI of division B of Public Law 108-
199 is amended by striking ``of passenger, cargo and other aviation 
services''.
    Sec. 5016. Section 619(a) of title VI of division B of Public Law 
108-447 is amended by striking ``Asheville-Buncombe Technical Community 
College'' and inserting ``the International Small Business Institute''.
    Sec. 5017. (a) Section 619(a) of title VI of division B of Public 
Law 108-447 is amended by striking ``for the continued modernization of 
the Mason Building''.
    (b) Section 621 of title VI of division B of Public Law 108-199, as 
amended by Public Law 108-447, is amended by striking ``, for the 
continued modernization of the Mason Building''.
    Sec. 5018. The Department of Justice may transfer funds from any 
Department of Justice account to ``Detention Trustee'': Provided, That 
the notification requirement in section 605(b) of title VI of division 
B of Public Law 108-447 shall remain in effect for any such transfers.
    Sec. 5019. The referenced statement of managers under the heading 
``Community Development Fund'' in title II of division K of Public Law 
108-7 is deemed to be amended--
            (1) with respect to item number 39 by striking ``Conference 
        and Workforce Center in Harrison, Arkansas'' and inserting ``in 
        Harrison, Arkansas for facilities construction of the North 
        Arkansas College Health Sciences Education Center''; and
            (2) with respect to item number 316 by striking ``for 
        renovation of a visitor center to accommodate a Space and 
        Flight Center'' and inserting ``to build-out the Prince 
        George's County Economic Development and Business Assistance 
        Center''.
    Sec. 5020. The referenced statement of the managers under the 
heading ``Community Development Fund'' in title II of division G of 
Public Law 108-199 is deemed to be amended--
            (1) with respect to item number 56 by striking ``Conference 
        and Training Center'' and inserting ``North Arkansas College 
        Health Sciences Education Center'';
            (2) with respect to item number 102 by striking ``to the 
        Town of Groveland, California for purchase of a youth center'' 
        and inserting ``to the County of Tuolomne for the purchase of a 
        new youth center in the mountain community of Groveland'';
            (3) with respect to item number 218 by striking ``for 
        construction'' and inserting ``for design and engineering'';
            (4) with respect to item number 472 by striking ``for 
        sidewalk, curbs and facade improvements in the Morton Avenue 
        neighborhood'' and inserting ``for streetscape renovation''; 
        and
            (5) with respect to item number 493 by striking ``for land 
        acquisition'' and inserting ``for planning and design of its 
        Sports and Recreation Center and Education Complex''.
    Sec. 5021. The referenced statement of the managers under the 
heading ``Community Development Fund'' in title II of division I of 
Public Law 108-447 is deemed to be amended as follows--
            (1) with respect to item number 706 by striking `` a public 
        swimming pool'' and inserting ``recreation fields'';
            (2) with respect to item number 667 by striking ``to the 
        Town of Appomattox, Virginia for facilities construction of an 
        African-American cultural and heritage museum at the Carver-
        Price building'' and inserting ``to the County of Appomattox, 
        Virginia for renovation of the Carver-Price building'';
            (3) with respect to item number 668 by striking ``for the 
        Town of South Boston, Virginia for renovations and creation of 
        a community arts center at the Prizery'' and inserting ``for 
        The Prizery in South Boston, Virginia for renovations and 
        creation of a community arts center'';
            (4) with respect to item number 669 by striking ``for the 
        City of Moneta, Virginia for facilities construction and 
        renovations of an art, education, and community outreach 
        center'' and inserting ``for the Moneta Arts, Education, and 
        Community Outreach Center in Moneta, Virginia for facilities 
        construction and renovations'';
            (5) with respect to item number 910 by striking ``repairs 
        to'' and inserting ``renovation and construction of''; and
            (6) with respect to item number 902 by striking ``City of 
        Brooklyn'' and inserting ``Fifth Ave Committee in Brooklyn''.
    Sec. 5022. Section 308 of division B of Public Law 108-447 is 
amended by striking all after the words ``shall be deposited'', and 
inserting ``as offsetting receipts to the fund established under 28 
U.S.C. 1931 and shall remain available to the Judiciary until expended 
to reimburse any appropriation for the amount paid out of such 
appropriation for expenses of the Courts of Appeals, District Courts, 
and Other Judicial Services and the Administrative Offices of the 
United States Courts.''.
    Sec. 5023. Section 198 of division H of Public Law 108-447 is 
amended by inserting ``under title 23 of the United States Code'' after 
``law''.
    Sec. 5024. The District of Columbia Appropriations Act, 2005 
(Public Law 108-335) approved October 18, 2004, is amended as follows:
            (1) Section 331 is amended as follows:
                    (A) in the first sentence by striking the word 
                ``$15,000,000'' and inserting ``$42,000,000, to remain 
                available until expended,'' in its place; and
                    (B) by amending paragraph (5) to read as follows:
            ``(5) The amounts may be obligated or expended only if the 
        Mayor notifies the Committees on Appropriations of the House of 
        Representatives and Senate in writing 30 days in advance of any 
        obligation or expenditure.''.
            (2) By inserting a new section before the short title at 
        the end to read as follows:
    ``Sec. 348. The amount appropriated by this Act may be increased by 
an additional amount of $206,736,000 (including $49,927,000 from local 
funds and $156,809,000 from other funds) to be transferred by the Mayor 
of the District of Columbia to the various headings under this Act as 
follows:
            ``(1) $174,927,000 (including $34,927,000 from local funds, 
        and $140,000,000 from other funds) shall be transferred under 
        the heading `Government Direction and Support': Provided, That 
        of the funds, $33,000,000 from local funds shall remain 
        available until expended: Provided further, That of the funds, 
        $140,000,000 from other funds shall remain available until 
        expended and shall only be available in conjunction with 
        revenue from a private or alternative financing proposal 
        approved pursuant to section 106 of DC Act 15-717, the 
        `Ballpark Omnibus Financing and Revenue Act of 2004' approved 
        by the District of Columbia, December 29, 2004, and
            ``(2) $15,000,000 from local funds shall be transferred 
        under the heading `Repayment of Loans and Interest', and
            ``(3) $14,000,000 from other funds shall be transferred 
        under the heading `Sports and Entertainment Commission', and
            ``(4) $2,809,000 from other funds shall be transferred 
        under the heading `Water and Sewer Authority'.''.

                               TITLE VI--

                HUMANITARIAN ASSISTANCE CODE OF CONDUCT

SEC. 6001. SHORT TITLE.

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

SEC. 6002. CODE OF CONDUCT FOR THE PROTECTION OF BENEFICIARIES OF 
              HUMANITARIAN ASSISTANCE.

    (a) Prohibition.--None of the funds made available for foreign 
operations, export financing, and related programs under the headings 
``Migration and Refugee Assistance'', ``United States Emergency Refugee 
and Migration Assistance Fund'', ``International Disaster and Famine 
Assistance'', or ``Transition Initiatives'' may be obligated to an 
organization that fails to adopt a code of conduct that provides for 
the protection of beneficiaries of assistance under any such heading 
from sexual exploitation and abuse in humanitarian relief operations.
    (b) Six Core Principles.--The code of conduct referred to in 
subsection (a) shall, to the maximum extent practicable, be consistent 
with the following six core principles of the United Nations Inter-
Agency Standing Committee Task Force on Protection From Sexual 
Exploitation and Abuse in Humanitarian Crises:
            (1) ``Sexual exploitation and abuse by humanitarian workers 
        constitute acts of gross misconduct and are therefore grounds 
        for termination of employment.''.
            (2) ``Sexual activity with children (persons under the age 
        of 18) is prohibited regardless of the age of majority or age 
        of consent locally. Mistaken belief regarding the age of a 
        child is not a defense.''.
            (3) ``Exchange of money, employment, goods, or services for 
        sex, including sexual favors or other forms of humiliating, 
        degrading or exploitative behavior, is prohibited. This 
        includes exchange of assistance that is due to 
        beneficiaries.''.
            (4) ``Sexual relationships between humanitarian workers and 
        beneficiaries are strongly discouraged since they are based on 
        inherently unequal power dynamics. Such relationships undermine 
        the credibility and integrity of humanitarian aid work.''.
            (5) ``Where a humanitarian worker develops concerns or 
        suspicions regarding sexual abuse or exploitation by a fellow 
        worker, whether in the same agency or not, he or she must 
        report such concerns via established agency reporting 
        mechanisms.''.
            (6) ``Humanitarian agencies are obliged to create and 
        maintain an environment which prevents sexual exploitation and 
        abuse and promotes the implementation of their code of conduct. 
        Managers at all levels have particular responsibilities to 
        support and develop systems which maintain this environment.''.

SEC. 6003. REPORT.

    Not later than 180 days after the date of the enactment of this 
Act, and not later than one year after the date of the enactment of 
this Act, the President shall transmit to the Committee on 
Appropriations and the Committee on International Relations of the 
House of Representatives and the Committee on Appropriations and the 
Committee on Foreign Relations of the Senate a detailed report on the 
implementation of this title.

SEC. 6004. EFFECTIVE DATE; APPLICABILITY.

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

                TITLE VII--ADDITIONAL GENERAL PROVISIONS

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

                    DIVISION B--REAL ID ACT OF 2005

SECTION 1. SHORT TITLE.

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

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

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

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

SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT OF BARRIERS AT 
              BORDERS.

    Section 102(c) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended to read as 
follows:
    ``(c) Waiver.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary of Homeland Security shall have the 
        authority to waive, and shall waive, all laws such Secretary, 
        in such Secretary's sole discretion, determines necessary to 
        ensure expeditious construction of the barriers and roads under 
        this section.
            ``(2) No judicial review.--Notwithstanding any other 
        provision of law (statutory or nonstatutory), no court, 
        administrative agency, or other entity shall have 
        jurisdiction--
                    ``(A) to hear any cause or claim arising from any 
                action undertaken, or any decision made, by the 
                Secretary of Homeland Security pursuant to paragraph 
                (1); or
                    ``(B) to order compensatory, declaratory, 
                injunctive, equitable, or any other relief for damage 
                alleged to arise from any such action or decision.''.

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

    (a) In General.--So much of section 212(a)(3)(B)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) as precedes 
the final sentence is amended to read as follows:
                            ``(i) In general.--Any alien who--
                                    ``(I) has engaged in a terrorist 
                                activity;
                                    ``(II) a consular officer, the 
                                Attorney General, or the Secretary of 
                                Homeland Security knows, or has 
                                reasonable ground to believe, is 
                                engaged in or is likely to engage after 
                                entry in any terrorist activity (as 
                                defined in clause (iv));
                                    ``(III) has, under circumstances 
                                indicating an intention to cause death 
                                or serious bodily harm, incited 
                                terrorist activity;
                                    ``(IV) is a representative (as 
                                defined in clause (v)) of--
                                            ``(aa) a terrorist 
                                        organization (as defined in 
                                        clause (vi)); or
                                            ``(bb) a political, social, 
                                        or other group that endorses or 
                                        espouses terrorist activity;
                                    ``(V) is a member of a terrorist 
                                organization described in subclause (I) 
                                or (II) of clause (vi);
                                    ``(VI) is a member of a terrorist 
                                organization described in clause 
                                (vi)(III), unless the alien can 
                                demonstrate by clear and convincing 
                                evidence that the alien did not know, 
                                and should not reasonably have known, 
                                that the organization was a terrorist 
                                organization;
                                    ``(VII) endorses or espouses 
                                terrorist activity or persuades others 
                                to endorse or espouse terrorist 
                                activity or support a terrorist 
                                organization;
                                    ``(VIII) has received military-type 
                                training (as defined in section 
                                2339D(c)(1) of title 18, United States 
                                Code) from or on behalf of any 
                                organization that, at the time the 
                                training was received, was a terrorist 
                                organization (as defined in clause 
                                (vi)); or
                                    ``(IX) is the spouse or child of an 
                                alien who is inadmissible under this 
                                subparagraph, if the activity causing 
                                the alien to be found inadmissible 
                                occurred within the last 5 years,
                        is inadmissible.''.
    (b) Engage in Terrorist Activity Defined.--Section 212(a)(3)(B)(iv) 
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is 
amended to read as follows:
                            ``(iv) Engage in terrorist activity 
                        defined.--As used in this Act, the term `engage 
                        in terrorist activity' means, in an individual 
                        capacity or as a member of an organization--
                                    ``(I) to commit or to incite to 
                                commit, under circumstances indicating 
                                an intention to cause death or serious 
                                bodily injury, a terrorist activity;
                                    ``(II) to prepare or plan a 
                                terrorist activity;
                                    ``(III) to gather information on 
                                potential targets for terrorist 
                                activity;
                                    ``(IV) to solicit funds or other 
                                things of value for--
                                            ``(aa) a terrorist 
                                        activity;
                                            ``(bb) a terrorist 
                                        organization described in 
                                        clause (vi)(I) or (vi)(II); or
                                            ``(cc) a terrorist 
                                        organization described in 
                                        clause (vi)(III), unless the 
                                        solicitor can demonstrate by 
                                        clear and convincing evidence 
                                        that he did not know, and 
                                        should not reasonably have 
                                        known, that the organization 
                                        was a terrorist organization;
                                    ``(V) to solicit any individual--
                                            ``(aa) to engage in conduct 
                                        otherwise described in this 
                                        subsection;
                                            ``(bb) for membership in a 
                                        terrorist organization 
                                        described in clause (vi)(I) or 
                                        (vi)(II); or
                                            ``(cc) for membership in a 
                                        terrorist organization 
                                        described in clause (vi)(III) 
                                        unless the solicitor can 
                                        demonstrate by clear and 
                                        convincing evidence that he did 
                                        not know, and should not 
                                        reasonably have known, that the 
                                        organization was a terrorist 
                                        organization; or
                                    ``(VI) to commit an act that the 
                                actor knows, or reasonably should know, 
                                affords material support, including a 
                                safe house, transportation, 
                                communications, funds, transfer of 
                                funds or other material financial 
                                benefit, false documentation or 
                                identification, weapons (including 
                                chemical, biological, or radiological 
                                weapons), explosives, or training--
                                            ``(aa) for the commission 
                                        of a terrorist activity;
                                            ``(bb) to any individual 
                                        who the actor knows, or 
                                        reasonably should know, has 
                                        committed or plans to commit a 
                                        terrorist activity;
                                            ``(cc) to a terrorist 
                                        organization described in 
                                        subclause (I) or (II) of clause 
                                        (vi) or to any member of such 
                                        an organization; or
                                            ``(dd) to a terrorist 
                                        organization described in 
                                        clause (vi)(III), or to any 
                                        member of such an organization, 
                                        unless the actor can 
                                        demonstrate by clear and 
                                        convincing evidence that the 
                                        actor did not know, and should 
                                        not reasonably have known, that 
                                        the organization was a 
                                        terrorist organization.
                        This clause shall not apply to any material 
                        support the alien afforded to an organization 
                        or individual that has committed terrorist 
                        activity, if the Secretary of State, after 
                        consultation with the Attorney General and the 
                        Secretary of Homeland Security, or the Attorney 
                        General, after consultation with the Secretary 
                        of State and the Secretary of Homeland 
                        Security, concludes in his sole unreviewable 
                        discretion, that this clause should not 
                        apply.''.
    (c) Terrorist Organization Defined.--Section 212(a)(3)(B)(vi) of 
the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)) is 
amended to read as follows:
                            ``(vi) Terrorist organization defined.--As 
                        used in this section, the term `terrorist 
                        organization' means an organization--
                                    ``(I) designated under section 219;
                                    ``(II) otherwise designated, upon 
                                publication in the Federal Register, by 
                                the Secretary of State in consultation 
                                with or upon the request of the 
                                Attorney General or the Secretary of 
                                Homeland Security, as a terrorist 
                                organization, after finding that the 
                                organization engages in the activities 
                                described in subclauses (I) through 
                                (VI) of clause (iv); or
                                    ``(III) that is a group of two or 
                                more individuals, whether organized or 
                                not, which engages in, or has a 
                                subgroup which engages in, the 
                                activities described in subclauses (I) 
                                through (VI) of clause (iv).''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this division, and these 
amendments, and section 212(a)(3)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(3)(B)), as amended by this section, shall apply 
to--
            (1) removal proceedings instituted before, on, or after the 
        date of the enactment of this division; and
            (2) acts and conditions constituting a ground for 
        inadmissibility, excludability, deportation, or removal 
        occurring or existing before, on, or after such date.

SEC. 104. REMOVAL OF TERRORISTS.

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

SEC. 105. JUDICIAL REVIEW OF ORDERS OF REMOVAL.

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

SEC. 106. DELIVERY BONDS.

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

SEC. 107. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.

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

SEC. 108. DETENTION OF ALIENS DELIVERED BY BONDSMEN.

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

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

SEC. 201. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Driver's license.--The term ``driver's license'' means 
        a motor vehicle operator's license, as defined in section 30301 
        of title 49, United States Code.
            (2) Identification card.--The term ``identification card'' 
        means a personal identification card, as defined in section 
        1028(d) of title 18, United States Code, issued by a State.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (4) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, the Northern Mariana Islands, 
        the Trust Territory of the Pacific Islands, and any other 
        territory or possession of the United States.

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

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

SEC. 203. LINKING OF DATABASES.

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

SEC. 204. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN FALSE 
              IDENTIFICATION DOCUMENTS.

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

SEC. 205. GRANTS TO STATES.

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

SEC. 206. AUTHORITY.

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

SEC. 207. REPEAL.

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

SEC. 208. LIMITATION ON STATUTORY CONSTRUCTION.

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

      TITLE III--BORDER INFRASTRUCTURE AND TECHNOLOGY INTEGRATION

SEC. 301. VULNERABILITY AND THREAT ASSESSMENT.

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

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

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

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

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

            Passed the House of Representatives March 16, 2005.

            Attest:

                                                                 Clerk.
109th CONGRESS

  1st Session

                               H. R. 1268

_______________________________________________________________________

                                 AN ACT

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