[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1268 Referred in Senate (RFS)]
1st Session
H. R. 1268
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 16, 2005
Received; read twice and referred to the Committee on Appropriations
_______________________________________________________________________
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:
JEFF TRANDAHL,
Clerk.