[Congressional Record Volume 151, Number 44 (Thursday, April 14, 2005)]
[Senate]
[Pages S3691-S3711]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 412. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 1268, 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; 
which was ordered to lie on the table; as follows:

       On page 231, between lines 3 and 4, and insert the 
     following:


      sense of congress on a study of the role of natural barriers

       (a) Congress makes the following findings:
       (1) The tsunami that struck in the Indian Ocean on December 
     26, 2004 not only killed approximately 250,000 people, it 
     also obliterated the natural coastal barriers in the region 
     affected by the tsunami.
       (2) More than 3,000 miles of coastline were affected by the 
     tsunami, a distance that is equal to the distance of the 
     United States shoreline from Galveston, Texas to Bangor, 
     Maine.
       (3) The United Nations Environmental Program estimates that 
     the damage to the environment could total $675,000,000 in 
     loss of natural habitats and important ecosystem function.
       (4) Without the barriers that act as nature's own line of 
     defense against flooding, storm surge, hurricanes, and even 
     tsunamis, human lives are at greater risk.
       (5) Restoring the reefs, barrier islands, and shorelines of 
     these areas will help in long-term disaster risk reduction.
       (6) While the Atlantic and Gulf of Mexico coasts are at 
     some risk for a tsunami, the major threat each year comes 
     from hurricanes. In 2004, multiple hurricanes in rapid 
     succession decimated the people and natural barriers of 
     Florida, the southeast Atlantic seaboard, and most of the 
     Gulf south. These annual extremes of mother nature make 
     critical the need to reinvest in the natural barriers of the 
     United States.
       (b) It is the sense of Congress that the head of the United 
     States Geological Survey should study the role of natural 
     barriers in the coastal areas of the United States to assess 
     the vulnerabilities of such areas to extreme conditions, the 
     possible effects such conditions could have on coastal 
     populations, and the means, mechanisms, and feasibility of 
     restoring already deteriorated natural barriers along the 
     coast lines of the United States.
                                 ______
                                 
  SA 413. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 1268, making emergency supplemental 
appropriations for the fiscal year ending September 30,

[[Page S3692]]

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; which was ordered to lie on the table; as follows:

       On page 231, between lines 3 and 4, and insert the 
     following:


          sense of congress on a comprehensive evacuation plan

       (a) Congress makes the following findings:
       (1) In the United States, 122,000,000 people, approximately 
     53 percent of the population, live in coastal countries or 
     parishes.
       (2) In the annual occurrence of massive and deadly 
     hurricanes that affect coastal areas in the United States, 
     the lack of adequate highways, planning, and communication 
     sends many people scrambling into grid-locked traffic jams 
     where they are vulnerable to injury and unable to evacuate to 
     safe areas in a reasonable amount of time.
       (3) Federal interstate and other highways may be used in an 
     efficient and safe manner to quickly evacuate large 
     populations to safer areas in the event of natural disasters 
     that occur and affect low-lying coastal communities.
       (b) It is the sense of Congress that the head of the 
     Federal Highway Administration should develop a comprehensive 
     plan for evacuation of the coastal areas of the United States 
     during any of the variety of natural disasters that affect 
     coastal populations. The plan should include plans for 
     evacuation in the event of a hurricane, flash flooding, 
     tsunami, or other natural or man-made disaster that require 
     mass evacuation.
                                 ______
                                 
  SA 414. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 1268, 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; 
which was ordered to lie on the table; as follows:

       On page 194, line 13, after ``tsunami:'' insert ``Provided 
     further, That of the funds appropriated under this heading, 
     not less than $25,000,000 should be made available to support 
     initiatives that focus on the immediate and long-term needs 
     of children, including the registration of unaccompanied 
     children, the reunification of children with their immediate 
     or extended families, the facilitation and promotion of 
     domestic and international adoption for orphaned children, 
     the protection of women and children from violence and 
     exploitation, and activities designed to prevent the capture 
     of children by armed forces and promote the integration of 
     war affected youth:''.
                                 ______
                                 
  SA 415. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 1268, 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; 
which was ordered to lie on the table; as follows:

       On page 174, line 2, after ``programs:'' insert ``Provided 
     further, That of the funds appropriated under this heading, 
     not less than $5,000,000 should be made available to support 
     initiatives that focus on the immediate and long-term needs 
     of children, including the registration of unaccompanied 
     children, the reunification of children with their immediate 
     or extended families, the promotion of domestic and 
     international adoption for orphaned children, the protection 
     of women and children from violence and exploitation, and 
     activities designed to prevent the capture of children by 
     armed forces and the reintegration of war affected youth:''.
                                 ______
                                 
  SA 416. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 1268, 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; 
which was ordered to lie on the table; as follows:

       On page 169, between lines 8 and 9, insert the following:


  travel and transportation for family of members of the armed forces 
hospitalized in united states in connection with non-serious illnesses 
     or injuries incurred or aggravated in a contingency operation

       Sec. 1122. (a) Authority.--Subsection (a) of section 411h 
     of title 37, United States Code, is amended--
       (1) in paragraph (2)--
       (A) by inserting ``and'' at the end of subparagraph (A); 
     and
       (B) by striking subparagraphs (B) and (C) and inserting the 
     following new subparagraph:
       ``(B) either--
       ``(i) is seriously ill, seriously injured, or in a 
     situation of imminent death (whether or not electrical brain 
     activity still exists or brain death is declared), and is 
     hospitalized in a medical facility in or outside the United 
     States; or
       ``(ii) is not described in clause (i), but has an illness 
     or injury incurred or aggravated in a contingency operation 
     and is hospitalized in a medical facility in the United 
     States for treatment of that condition.''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Not more than one roundtrip may be provided to a 
     family member under paragraph (1) on the basis of clause (ii) 
     of paragraph (2)(B).''.
       (b) Conforming Amendments.--
       (1) Heading for amended section.--The heading for section 
     411h of such title is amended to read as follows:

     ``Sec. 411h. Travel and transportation allowances: 
       transportation of family members incident to illness or 
       injury of members''.

       (2) Clerical amendment.--The item relating to such section 
     in the table of sections at the beginning of chapter 7 of 
     such title is amended to read as follows:

``411h. Travel and transportation allowances: transportation of family 
              members incident to illness or injury of members.''.

       (c) Funding.--Funds for the provision of transportation in 
     fiscal year 2005 under section 411h of title 37, United 
     States Code, by reason of the amendments made by this section 
     shall be derived as follows:
       (1) In the case of transportation provided by the 
     Department of the Army, from amounts appropriated for fiscal 
     year 2005 by this Act and the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287) for the 
     Military Personnel, Army account.
       (2) In the case of transportation provided by the 
     Department of the Navy, from amounts appropriated for fiscal 
     year 2005 by the Acts referred to in paragraph (1) for the 
     Operation and Maintenance, Navy account.
       (3) In the case of transportation provided by the 
     Department of the Air Force, from amounts appropriated for 
     fiscal year 2005 by the Acts referred to in paragraph (1) for 
     the Operation and Maintenance, Air Force account.
       (d) Report on Transportation in Excess of Certain Limit.--
     If in any fiscal year the amount of transportation provided 
     in such fiscal year under section 411h of title 37, United 
     States Code, by reason of the amendments made by this section 
     exceeds $20,000,000, the Secretary of Defense shall submit to 
     the congressional defense committees a report on that fact, 
     including the total amount of transportation provided in such 
     fiscal year under such section 411h by reason of the 
     amendments made by this section.
                                 ______
                                 
  SA 417. Mr. GRASSLEY (for himself, Mr. Baucus, and Mr. Bingaman) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1268, 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; which was ordered to 
lie on the table; as follows:

       On page 200, between lines 13 and 14, insert the following:

            OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

       For an additional amount for necessary expenses of the 
     Office of the United States Trade Representative, $2,000,000, 
     to remain available until expended: Provided, That the entire 
     amount is designated as an emergency requirement pursuant to 
     section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).
                                 ______
                                 
  SA 418. Mr. CHAMBLISS (for himself, Mr. Isakson, Mr. Pryor, Mr. 
Inhofe, Mr. Lugar, Mrs. Dole, Mrs. Lincoln, Mr. Bayh, Mr. Reed, Mr. 
Chafee, Mr.

[[Page S3693]]

Byrd, Mr. Burr, Mr. Lott, and Mr. Martinez) submitted an amendment 
intended to be proposed by him to the bill H.R. 1268, 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; which was ordered to lie on the table; as follows:

       On page 169, between lines 8 and 9, insert the following:


    prohibition on termination of existing joint-service multiyear 
              procurement contract for C/KC-130J aircraft

       Sec. 1122. No funds appropriated or otherwise made 
     available by this Act, or any other Act, may be obligated or 
     expended to terminate the joint service multiyear procurement 
     contract for C/KC-130J aircraft that is in effect on the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 419. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 1268, 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; 
which was ordered to lie on the table; as follows:

       On page 231, between lines 3 and 4, and insert the 
     following:


                      sense of congress on orphans

       (a) Congress makes the following findings:
       (1) It is estimated that, by the end of 2003, there were 
     143,000,000 orphans under the age of 18 years in 93 countries 
     in sub-Sahara Africa, Asia, Latin American, and the 
     Caribbean.
       (2) Millions of children have been orphaned or made 
     vulnerable by HIV/AIDS. The region most affected by HIV/AIDS 
     is sub-Sahara Africa, where an estimated 12,300,000 millions 
     orphans of HIV/AIDS live.
       (3) To survive and thrive, children need to be raised in a 
     family that is prepared to provide for their physical and 
     emotional well being.
       (4) The institutionalization of a child, especially during 
     the first few years of life, has been proven to inhibit the 
     physical and emotional development of the child.
       (5) Large numbers of orphans present dire challenges to the 
     economic and social structures of affected countries, and 
     such countries that ignore such challenges at their peril.
       (b) It is the sense of Congress that--
       (1) the United States Agency for International Development 
     should develop and fund a comprehensive, long-term agenda for 
     reducing the number of orphans;
       (2) the strategy under paragraph (1) should include 
     policies and programs designed to prevent abandonment, reduce 
     the transmission of HIV/AIDS to parents and their children, 
     and connect orphaned children with permanent families through 
     adoption; and
       (3) humanitarian assistance programs funded with amounts 
     appropriated in this Act should be required to promote the 
     permanent placement of orphaned children, rather than long-
     term foster care or institutionalization, as the best means 
     of caring for such children.
                                 ______
                                 
  SA 420. Mr. BURNS submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, 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; which was ordered 
to lie on the table; as follows:

       On page 231, between lines 3 and 4, insert the following:
       Sec. 6047.(a) In this section:
       (1) The term ``Administrator'' means the Administrator of 
     General Services.
       (2) The term ``Federal land'' means the approximately 
     508,582.70 square feet of land on the easternmost lot 
     depicted on the plat entitled ``Plat of Computation on a 
     Tract of Land `Taxed as Square 2055''', recorded in the 
     Office of the Surveyor of the District of Columbia on page 81 
     of Survey Book 199, which is also taxed as part of Lot 800 in 
     Square 2055.
       (3) The term ``Fund'' means the State Department trust fund 
     established under subsection (c)(4)(A).
       (4) The term ``lease'' means the lease between the United 
     States and the International Telecommunications Satellite 
     Organization, dated June 8, 1982.
       (5) The term ``Parks land'' means the parcels of land 
     designated in the lease as Park I and Park II.
       (6) The term ``Secretary'' means the Secretary of State.
       (7) The term ``successor entity'' means the successor 
     entity of the International Telecommunications Satellite 
     Organization or an assignee of the successor entity.
       (b) Notwithstanding Public Law 90-553 (82 Stat. 958), on 
     request of the successor entity, the Secretary, in 
     coordination with the Administrator, shall convey to the 
     successor entity, by quitclaim deed, all right, title, and 
     interest of the United States in and to--
       (1) the Federal land; and
       (2) the Parks land.
       (c)(1) The amount of consideration for the conveyance of 
     Federal land under subsection (b)(1) shall be determined in 
     accordance with Article 10-1 of the lease.
       (2) The amount of consideration for the conveyance of the 
     Parks land under subsection (b)(2) shall be--
       (A) determined in accordance with the terms of the lease; 
     or
       (B) in an amount agreed to by the Secretary and the 
     successor entity.
       (3) On the conveyance of the Federal land and the Parks 
     land under subsection (b), the successor entity shall pay to 
     the United States the full amount of consideration (as 
     determined under paragraph (1) or (2)).
       (4)(A) Amounts received by the United States as 
     consideration under paragraph (3) shall be deposited in a 
     State Department trust fund, to be established within the 
     Treasury.
       (B) Amounts deposited in the Fund under subparagraph (A)--
       (i) shall be used by the Secretary, in coordination with 
     the Administrator, for the costs of surveys, plans, expert 
     assistance, and acquisition relating to the development of 
     additional areas within the National Capital Region for 
     chancery and diplomatic purposes;
       (ii) may be used to pay the administrative expenses of the 
     Secretary and the Administrator in carrying out this section;
       (iii) may be invested in public debt obligations; and
       (iv) shall remain available until expended.
       (d) The conveyance of the Federal land and Parks land under 
     subsection (b) shall be subject to the terms and conditions 
     described in this section and any other terms and conditions 
     agreed to by the Secretary and the successor entity, which 
     shall be included in the quitclaim deed referred to in 
     subsection (b).
       (e)(1) The conveyance of the Federal land and Parks land 
     under subsection (b) shall be subject to restrictions on the 
     use, development, or occupancy of the Federal land and Parks 
     land (including restrictions on leasing and subleasing) that 
     provide that the Secretary may prohibit any use, development, 
     occupancy, lease, or sublease that the Secretary determines 
     could--
       (A) impair the safety or security of the International 
     Center;
       (B) impair the continued operation of the International 
     Center; and
       (C) be contrary to the character of commercially acceptable 
     occupants or uses in the surrounding area.
       (2) A determination under paragraph (1) that is based on 
     safety or security considerations shall--
       (A) only be made by the Secretary; and
       (B) be final and conclusive as a matter of law.
       (3) A determination under paragraph (1) that is based on 
     damage to the continued operation of the International Center 
     or incompatibility with the character of commercially 
     acceptable occupants or uses in the surrounding area shall be 
     subject to judicial review.
       (4) If the successor entity fails to submit any use, 
     development, or occupancy of the Federal land or Parks land 
     to the Secretary for prior approval or violates any 
     restriction imposed by the Secretary, the Secretary may--
       (A) bring a civil action in any appropriate district court 
     of the United States to enjoin the use, development, or 
     occupancy; and
       (B) obtain any appropriate legal or equitable remedies to 
     require full and immediate compliance with the covenant.
       (5) Any transfer (including a sale, lease, or sublease) of 
     any interest in the Federal land or Parks land in violation 
     of the restrictions included in the quitclaim deed or 
     otherwise imposed by the Secretary shall be null and void.
       (f) On conveyance to the successor entity, the Federal land 
     and Parks land shall not be subject to Public Law 90-553 (82 
     Stat. 958) or the lease.
       (g) The authority of the Secretary under this section shall 
     not be subject to--
       (1) sections 521 through 529 and sections 541 through 559 
     of title 40, United States Code;
       (2) any other provision of Federal law that is inconsistent 
     with this section; or
       (3) any other provision of Federal law relating to 
     environmental protection or historic preservation.
       (h) The Federal land and Parks land shall not be considered 
     to be unutilized or underutilized for purposes of section 501 
     of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11411).

[[Page S3694]]

                                 ______
                                 
  SA 421. Mr. KENNEDY (for himself and Mr. Kohl) submitted an amendment 
intended to be proposed by him to the bill H.R. 1268, 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; which was ordered to lie on the table; as follows:

       On page 169, between lines 8 and 9, insert the following:


      permanent magnet motor for next generation destroyer program

       Sec. 1122. (a) Additional Amount for Research, Development, 
     Test, and Evaluation, Navy.--The amount appropriated by this 
     chapter under the heading ``Research, Development, Test, and 
     Evaluation, Navy'' is hereby increased by $15,000,000, with 
     the amount of such increase designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).
       (b) Availability of Funds.--Of the amount appropriated or 
     otherwise made available by this Act under the heading 
     ``Research, Development, Test, and Evaluation, Navy'', as 
     increased by subsection (a), $15,000,000 shall be available 
     for continued development and testing of the Permanent Magnet 
     Motor for the next generation destroyer (DD(X)) program.
                                 ______
                                 
  SA 422. Mr. COCHRAN (for Mr. Leahy (for himself and Mr. Obama)) 
proposed an amendment to the bill H.R. 1268, 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 
terrorist 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; as follows:

       On page 194, line 14, delete ``should'' and insert in lieu 
     thereof ``shall''.
       On page 194, line 16, delete ``Avian flu'' and insert in 
     lieu thereof ``avian influenza virus, to be administered by 
     the United States Agency for International Development''.
                                 ______
                                 
  SA 423. Mr. COCHRAN (for Mr. Leahy) proposed an amendment to the bill 
H.R. 1268, 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; as follows:



 =========================== NOTE =========================== 

  
  On page S3694, April 14, 2005, under ``TEXT OF AMENDMENTS'', the 
following appeared: SA 428. Mr. COCHRAN (for Mr. Leahy).
  
  The online version has been corrected to read: SA 423. Mr. 
COCHRAN (for Mr. Leahy).


 ========================= END NOTE ========================= 

       On page 183, after line 23, insert the following new 
     general provision:
       Sec.  . The amounts set forth in the eighth proviso in the 
     Diplomatic and Consular Programs appropriation in the FY 2005 
     Department of Commerce, Justice, State, the Judiciary, and 
     Related Agencies Appropriations Act (P.L. 108-447, Div. B) 
     may be subject to reprogramming pursuant to section 605 of 
     that Act.
                                 ______
                                 
  SA 424. Mr. COCHRAN proposed an amendment to the bill H.R. 1268, 
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; as follows:

       On page 219 of the bill, line 16, strike ``or'' and insert 
     ``and'';
       On page 219 of the bill, line 17, after ``and'' insert 
     ``seismic-related''.
                                 ______
                                 
  SA 425. Mr. BENNETT submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, 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; which was ordered 
to lie on the table; as follows:

       On page 194, line 13, after ``tsunami:'' insert ``Provided 
     further, That of the funds appropriated under this heading, 
     not less that $20,000,000 shall be made available for 
     microcredit programs in countries affected by the tsunami, to 
     be administered by the United States Agency for International 
     Development:''.
                                 ______
                                 
  SA 426. Mr. SANTORUM (for himself and Ms. Mikulski) submitted an 
amendment intended to be proposed by him to the bill H.R. 1268, 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; which was ordered to lie on the table; 
as follows:

       On page 231, between lines 3 and 4, insert the following:


                          visa waiver country

       Sec. 6047. (a) Congress makes the following findings:
       (1) Since the founding of the United States, Poland has 
     proven its steadfast dedication to the causes of freedom and 
     friendship with the United States, exemplified by the brave 
     actions of Polish patriots such as Casimir Pulaski and 
     Tadeusz Kosciuszko during the American Revolution.
       (2) Polish history provides pioneering examples of 
     constitutional democracy and religious tolerance.
       (3) The United States is home to nearly 9,000,000 people of 
     Polish ancestry.
       (4) Polish immigrants have contributed greatly to the 
     success of industry and agriculture in the United States.
       (5) Since the demise of communism, Poland has become a 
     stable, democratic nation.
       (6) Poland has adopted economic policies that promote free 
     markets and rapid economic growth.
       (7) On March 12, 1999, Poland demonstrated its commitment 
     to global security by becoming a member of the North Atlantic 
     Treaty Organization.
       (8) On May 1, 2004, Poland became a member state of the 
     European Union.
       (9) Poland was a staunch ally to the United States during 
     Operation Iraqi Freedom.
       (10) Poland has committed 2,300 soldiers to help with 
     ongoing peacekeeping efforts in Iraq.
       (11) The Secretary of Homeland Security and Secretary of 
     State administer the visa waiver program, which allows 
     citizens from 27 countries, including France and Germany, to 
     visit the United States as tourists without visas.
       (12) On April 15, 1991, Poland unilaterally repealed the 
     visa requirement for United States citizens traveling to 
     Poland for 90 days or less.
       (13) More than 100,000 Polish citizens visit the United 
     States each year.
       (b) Effective on the date of the enactment of this Act, and 
     notwithstanding section 217(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1187(c)), Poland shall be deemed a 
     designated program country for purposes of the visa waiver 
     program established under section 217 of such Act.
                                 ______
                                 
  SA 427. Mr. DURBIN (for himself, Mr. Levin, Mr. Kennedy, Mr. Byrd, 
Mr. Leahy, Mr. Feingold, Mr. Lautenberg, and Mr. Bingaman) proposed an 
amendment to the bill H.R. 1268, 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; 
which was ordered to lie on the table; as follows:

       On page 169, between lines 8 and 9, insert the following:


                    reports on iraqi security forces

       Sec. 1122. Not later than 60 days after the date of 
     enactment of this Act, and every 90 days thereafter, the 
     President shall submit an unclassified report to Congress, 
     which may include a classified annex, that includes a 
     description of the following:
       (1) The extent to which funding appropriated by this Act 
     will be used to train and equip capable and effectively led 
     Iraqi security services and promote stability and security in 
     Iraq.
       (2) The estimated strength of the Iraqi insurgency and the 
     extent to which it is composed of non-Iraqi fighters, and any 
     changes over the previous 90-day period.

[[Page S3695]]

       (3) A description of all militias operating in Iraq, 
     including their number, size, strength, military 
     effectiveness, leadership, sources of external support, 
     sources of internal support, estimated types and numbers of 
     equipment and armaments in their possession, legal status, 
     and the status of efforts to disarm, demobilize, and 
     reintegrate each militia.
       (4) The extent to which recruiting, training, and equipping 
     goals and standards for Iraqi security forces are being met, 
     including the number of Iraqis recruited and trained for the 
     army, air force, navy, and other Ministry of Defense forces, 
     police, and highway patrol of Iraq, and all other Ministry of 
     Interior forces, and the extent to which personal and unit 
     equipment requirements have been met.
       (5) A description of the criteria for assessing the 
     capabilities and readiness of Iraqi security forces.
       (6) An evaluation of the operational readiness status of 
     Iraqi military forces and special police, including the type, 
     number, size, unit designation and organizational structure 
     of Iraqi battalions that are--
       (A) capable of conducting counterinsurgency operations 
     independently;
       (B) capable of conducting counterinsurgency operations with 
     United States or Coalition mentors and enablers; or
       (C) not ready to conduct counterinsurgency operations.
       (7) The extent to which funding appropriated by this Act 
     will be used to train capable, well-equipped, and effectively 
     led Iraqi police forces, and an evaluation of Iraqi police 
     forces, including--
       (A) the number of police recruits that have received 
     classroom instruction and the duration of such instruction;
       (B) the number of veteran police officers who have received 
     classroom instruction and the duration of such instruction;
       (C) the number of Iraqi police forces who have received 
     field training by international police trainers and the 
     duration of such instruction;
       (D) a description of the field training program, including 
     the number, the planned number, and nationality of 
     international field trainers;
       (E) the number of police present for duty;
       (F) data related to attrition rates; and
       (G) a description of the training that Iraqi police have 
     received regarding human rights and the rule of law.
       (8) The estimated total number of Iraqi battalions needed 
     for the Iraqi security forces to perform duties now being 
     undertaken by the Coalition Forces, including defending 
     Iraq's borders, defeating the insurgency, and providing law 
     and order.
       (9) The extent to which funding appropriated by this Act 
     will be used to train Iraqi security forces in 
     counterinsurgency operations and the estimated total number 
     of Iraqi security force personnel expected to be trained, 
     equipped, and capable of participating in counterinsurgency 
     operations by the end of 2005 and of 2006.
       (10) The estimated total number of adequately trained, 
     equipped, and led Iraqi battalions expected to be capable of 
     conducting counterinsurgency operations independently and the 
     estimated total number expected to be capable of conducting 
     counterinsurgency operations with United States or Coalition 
     mentors and enablers by the end of 2005 and of 2006.
       (11) An assessment of the effectiveness of the chain of 
     command of the Iraqi military.
       (12) The number and nationality of Coalition mentors and 
     advisers working with Iraqi security forces as of the date of 
     the report, plans for decreasing or increasing the number of 
     such mentors and advisers, and a description of their 
     activities.
       (13) A list of countries of the North Atlantic Treaty 
     Organisation (``NATO'') participating in the NATO mission for 
     training of Iraqi security forces and the number of troops 
     from each country dedicated to the mission.
       (14) A list of countries participating in training Iraqi 
     security forces outside the NATO training mission and the 
     number of troops from each country dedicated to the mission.
       (15) For any country, which made an offer to provide forces 
     for training that has not been accepted, an explanation of 
     the reasons why the offer was not accepted.
       (16) A list of foreign countries that have withdrawn troops 
     from the Multinational Security Coalition in Iraq during the 
     previous 90 days and the number of troops withdrawn.
       (17) A list of foreign countries that have added troops to 
     the Coalition in Iraq during the previous 90 days and the 
     number of troops added.
       (18) For offers to provide forces for training that have 
     been accepted by the Iraqi government, a report on the status 
     of such training efforts, including the number of troops 
     involved by country and the number of Iraqi security forces 
     trained.
       (19) An assessment of the progress of the National Assembly 
     of Iraq in drafting and ratifying the permanent constitution 
     of Iraq, and the performance of the new Iraqi Government in 
     its protection of the rights of minorities and individual 
     human rights, and its adherence to common democratic 
     practices.
       (20) The estimated number of United States military forces 
     who will be needed in Iraq 6, 12, and 18 months from the date 
     of the report.
                                 ______
                                 
  SA 428. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 1268, 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; 
which was ordered to lie on the table; as follows:

       On page 169, between lines 8 and 9, insert the following:


    Office of the Special Inspector General for Iraq Reconstruction

                    (including rescissions of funds)

       Sec. 1122. (a) Subsection (o) of section 3001 of the 
     Emergency Supplemental Appropriations Act for Defense and for 
     the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 
     108-106; 117 Stat. 1234; 5 U.S.C. App. 3 section 8G note), as 
     amended by section 1203(j) of the Ronald W. Reagan National 
     Defense Authorization Act for Fiscal Year 2005 (Public Law 
     108-375; 118 Stat. 2081) is amended by striking ``obligated'' 
     and inserting ``expended''.
       (b) Of the amount appropriated in chapter 2 of title II of 
     the Emergency Supplemental Appropriations Act for Defense and 
     for the Reconstruction of Iraq and Afghanistan, 2004 (Public 
     Law 108-106; 117 Stat. 1224) under the heading ``OTHER 
     BILATERAL ECONOMIC ASSISTANCE'' and under the subheading 
     ``iraq relief and reconstruction fund'', $50,000,000 is 
     hereby rescinded.
       (c) There is appropriated $50,000,000 to carry out section 
     3001 of the Emergency Supplemental Appropriations Act for 
     Defense and for the Reconstruction of Iraq and Afghanistan, 
     2004 (Public Law 108-106; 117 Stat. 1234). Such amount shall 
     be in addition to any other amount available for such purpose 
     and available until the date of the termination of the Office 
     of the Special Inspector General for Iraq Reconstruction.
                                 ______
                                 
  SA 429. Mr. ISAKSON submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, 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; which was ordered 
to lie on the table; as follows:

       On page 231, after line 6, insert the following:

                     TITLE VII--REAL ID ACT OF 2005

     SEC. 701. SHORT TITLE.

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

  Subtitle A--Amendments to Federal Laws to Protect Against Terrorist 
                                 Entry

     SEC. 711. 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.

[[Page S3696]]

       ``(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 title 
     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 title 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 title 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 title.
       (h) Repeal.--Section 5403 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458) is 
     repealed.

     SEC. 712. 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. 713. 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:

[[Page S3697]]

       ``(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 title, 
     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 title; and
       (2) acts and conditions constituting a ground for 
     inadmissibility, excludability, deportation, or removal 
     occurring or existing before, on, or after such date.

     SEC. 714. 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 title, 
     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 title; 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. 715. 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 
     title 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 title.
       (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 title, 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

[[Page S3698]]

     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. 716. 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 political 
     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 715 
     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

[[Page S3699]]

     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--

       ``(AA) by the principal's illness or death;
       ``(BB) because the principal is detained in custody in any 
     city, State, country, or any political subdivision thereof;
       ``(CC) 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
       ``(DD) 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 title and 
     shall apply to bonds and surety undertakings executed before, 
     on, or after the date of the enactment of this title.

     SEC. 717. 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 715 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 title.

     SEC. 718. 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 title 
     and shall apply to all immigration bonds posted before, on, 
     or after such date.

   Subtitle B--Improved Security for Drivers' Licenses and Personal 
                          Identification Cards

     SEC. 721. DEFINITIONS.

       In this subtitle, 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. 722. 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 title, 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;

[[Page S3700]]

       (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. 723. 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. 724. 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. 725. 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 subtitle.
       (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 subtitle.

     SEC. 726. AUTHORITY.

       (a) Participation of Secretary of Transportation and 
     States.--All authority to issue regulations, set standards, 
     and issue grants under this subtitle 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 subtitle 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 722(a)(1) if the State provides adequate 
     justification for noncompliance.

     SEC. 727. REPEAL.

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

     SEC. 728. LIMITATION ON STATUTORY CONSTRUCTION.

       Nothing in this subtitle 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.

      Subtitle C--Border Infrastructure and Technology Integration

     SEC. 731. 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. 732. USE OF GROUND SURVEILLANCE TECHNOLOGIES FOR BORDER 
                   SECURITY.

       (a) Pilot Program.--Not later than 180 days after the date 
     of the enactment of this title, 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.

[[Page S3701]]

       (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. 733. 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 title, 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.
                                 ______
                                 
  SA 430. Mr. BYRD (for himself, Mrs. Clinton, Mr. Lautenberg, Mr. 
Kerry, Mr. Wyden, Mr. Dorgan, Mr. Harkin, and Mr. Kennedy) proposed an 
amendment to the bill H.R. 1268, 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; as 
follows:

       At the appropriate place, insert the following:
       Sec. __. None of the funds provided in this Act or any 
     other Act may be used by a Federal agency to produce any 
     prepackaged news story unless the story includes a clear 
     notification to the audience that the story was prepared or 
     funded by that Federal agency.
                                 ______
                                 
  SA 431. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill H.R. 1268, 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; which was ordered 
to lie on the table; as follows:

       On page 169, between lines 8 and 9, insert the following:


     full utilization of industrial capacity for refurbishment and 
                replacement of tactical wheeled vehicles

       Sec. 1122. The Secretary of the Army shall use funds in the 
     Other Procurement, Army account to utilize fully the 
     industrial capacity of the United States, including the 
     capacity of Maine Military Authority, to meet requirements 
     for the refurbishment and replacement of tactical wheeled 
     vehicles in order to facilitate the delivery of up armored 
     tactical vehicles to deployed units of the Armed Forces.
                                 ______
                                 
  SA 432. Mr. CHAMBLISS (for himself, and Mr. Kyl) submitted an 
amendment intended to be proposed to the bill H.R. 1268, 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; as follows:

       On page 231, between lines 3 and 4, insert the following:

               TITLE VII--TEMPORARY AGRICULTURAL WORKERS

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Temporary Agricultural 
     Work Reform Act of 2005''.

                   Subtitle A--Temporary H-2A Workers

     SEC. 711. ADMISSION OF TEMPORARY H-2A WORKERS.

       Section 218 of the Immigration and Nationality Act (8 
     U.S.C. 1188) is amended to read as follows:


                 ``ADMISSION OF TEMPORARY H-2A WORKERS

       ``Sec. 218. (a) Application.--An alien may not be admitted 
     as an H-2A worker unless the employer has filed with the 
     Secretary of Homeland Security a petition attesting to the 
     following:
       ``(1) Temporary or seasonal work or services.--
       ``(A) In general.--The agricultural employment for which 
     the H-2A worker or workers is or are sought is temporary or 
     seasonal, the number of workers sought, and the wage rate and 
     conditions under which they will be employed.
       ``(B) Temporary or seasonal work.--For purposes of 
     subparagraph (A), a worker is employed on a `temporary' or 
     `seasonal' basis if the employment is intended not to exceed 
     10 months.
       ``(2) Benefits, wage, and working conditions.--The employer 
     will provide, at a minimum, the benefits, wages, and working 
     conditions required by subsection (m) to all workers employed 
     in the jobs for which the H-2A worker or workers is or are 
     sought and to all other temporary workers in the same 
     occupation at the place of employment.
       ``(3) Nondisplacement of united states workers.--The 
     employer did not displace and will not displace a United 
     States worker employed by the employer during the period of 
     employment and during a period of 30 days preceding the 
     period of employment in the occupation at the place of 
     employment for which the employer seeks approval to employ H-
     2A workers.
       ``(4) Recruitment.--
       ``(A) In general.--The employer shall attest that the 
     employer--
       ``(i) conducted adequate recruitment in the metropolitan 
     statistical area of intended employment before filing the 
     attestation; and
       ``(ii) was unsuccessful in locating qualified United States 
     workers for the job opportunity for which the certification 
     is sought.
       ``(B) Recruitment.--The adequate recruitment requirement 
     under subparagraph (A) is satisfied if the employer--
       ``(i) places a job order with America's Job Bank Program of 
     the Department of Labor; and
       ``(ii) places a Sunday advertisement in a newspaper of 
     general circulation or an advertisement in an appropriate 
     trade journal or ethnic publication that is likely to be 
     patronized by a potential worker in the area of intended 
     employment.
       ``(C) Advertisement criteria.--The advertisement 
     requirement under subparagraph (B)(ii) is satisfied if the 
     advertisement--
       ``(i) names the employer;
       ``(ii) directs applicants to report or send resumes, as 
     appropriate for the occupation, to the employer;
       ``(iii) provides a description of the vacancy that is 
     specific enough to apprise United States workers of the job 
     opportunity for which certification is sought;
       ``(iv) describes the geographic area with enough 
     specificity to apprise applicants of any travel requirements 
     and where applicants will likely have to reside to perform 
     the job;
       ``(v) states the rate of pay, which must equal or exceed 
     the wage paid for the occupation in the area of intended 
     employment; and

[[Page S3702]]

       ``(vi) offers wages, terms, and conditions of employment, 
     which are at least as favorable as those offered to the 
     alien.
       ``(5) Offers to united states workers.--The employer has 
     offered or will offer the job for which the nonimmigrant is, 
     or the nonimmigrants are, sought to any eligible United 
     States worker who applies and is equally or better qualified 
     for the job and who will be available at the time and place 
     of need.
       ``(6) Provision of insurance.--If the job for which the 
     nonimmigrant is, or the nonimmigrants are, sought is not 
     covered by State workers' compensation law, the employer will 
     provide, at no cost to the worker, insurance covering injury 
     and disease arising out of, and in the course of, the 
     worker's employment which will provide benefits at least 
     equal to those provided under the State workers' compensation 
     law for comparable employment.
       ``(7) Strike or lockout.--The specific job opportunity for 
     which the employer is requesting an H-2A worker is not vacant 
     because the former occupant is on strike or being locked out 
     in the course of a labor dispute.
       ``(8) Previous violations.--The employer has not, during 
     the previous 5-year period, employed H-2A workers and 
     knowingly violated a material term or condition of approval 
     with respect to the employment of domestic or nonimmigrant 
     workers, as determined by the Secretary of Labor after notice 
     and opportunity for a hearing.
       ``(b) Publication.--The employer shall make available for 
     public examination, within 1 working day after the date on 
     which a petition under this section is filed, at the 
     employer's principal place of business or worksite, a copy of 
     each such petition (and such accompanying documents as are 
     necessary).
       ``(c) List.--The Secretary of Labor shall compile, on a 
     current basis, a list (by employer) of the petitions filed 
     under subsection (a). Such list shall include the wage rate, 
     number of aliens sought, period of intended employment, and 
     date of need. The Secretary of Labor shall make such list 
     available for public examination in Washington, District of 
     Columbia.
       ``(d) Special Rules for Consideration of Petitions.--The 
     following rules shall apply in the case of the filing and 
     consideration of a petition under subsection (a):
       ``(1) Deadline for filing applications.--The Secretary of 
     Homeland Security may not require that the petition be filed 
     more than 28 days before the first date the employer requires 
     the labor or services of the H-2A worker or workers.
       ``(2) Issuance of approval.--Unless the Secretary of 
     Homeland Security finds that the petition is incomplete or 
     obviously inaccurate, the Secretary of Homeland Security 
     shall provide a decision within 7 days of the date of the 
     filing of the petition.
       ``(e) Roles of Agricultural Associations.--
       ``(1) Permitting filing by agricultural associations.--A 
     petition to hire an alien as a temporary agricultural worker 
     may be filed by an association of agricultural producers 
     which use agricultural services.
       ``(2) Treatment of associations acting as employers.--If an 
     association is a joint or sole employer of temporary 
     agricultural workers, such workers may be transferred among 
     its producer members to perform agricultural services of a 
     temporary or seasonal nature for which the petition was 
     approved.
       ``(3) Statement of liability.--The application form shall 
     include a clear statement explaining the liability under this 
     section of an employer who places an H-2A worker with another 
     H-2A employer if the other employer displaces a United States 
     worker in violation of the condition described in subsection 
     (a)(7).
       ``(4) Treatment of violations.--
       ``(A) Member's violation does not necessarily disqualify 
     association or other members.--If an individual producer 
     member of a joint employer association is determined to have 
     committed an act that is in violation of the conditions for 
     approval with respect to the member's petition, the denial 
     shall apply only to that member of the association unless the 
     Secretary of Labor determines that the association or other 
     member participated in, had knowledge of, or had reason to 
     know of the violation.
       ``(B) Association's violation does not necessarily 
     disqualify members.--
       ``(i) Joint employer.--If an association representing 
     agricultural producers as a joint employer is determined to 
     have committed an act that is in violation of the conditions 
     for approval with respect to the association's petition, the 
     denial shall apply only to the association and does not apply 
     to any individual producer member of the association, unless 
     the Secretary of Labor determines that the member 
     participated in, had knowledge of, or had reason to know of 
     the violation.
       ``(ii) Sole employer.--If an association of agricultural 
     producers approved as a sole employer is determined to have 
     committed an act that is in violation of the conditions for 
     approval with respect to the association's petition, no 
     individual producer member of such association may be the 
     beneficiary of the services of temporary alien agricultural 
     workers admitted under this section in the commodity and 
     occupation in which such aliens were employed by the 
     association which was denied approval during the period such 
     denial is in force, unless such producer member employs such 
     aliens in the commodity and occupation in question directly 
     or through an association which is a joint employer of such 
     workers with the producer member.
       ``(f) Expedited Administrative Appeals of Certain 
     Determinations.--Regulations shall provide for an expedited 
     procedure for the review of a denial of approval under this 
     section, or at the applicant's request, for a de novo 
     administrative hearing respecting the denial.
       ``(g) Miscellaneous Provisions.--
       ``(1) Endorsement of documents.--The Secretary of Homeland 
     Security shall provide for the endorsement of entry and exit 
     documents of nonimmigrants described in section 
     101(a)(15)(H)(ii)(a) as may be necessary to carry out this 
     section and to provide notice for purposes of section 274A.
       ``(2) Preemption of state laws.--The provisions of 
     subsections (a) and (c) of section 214 and the provisions of 
     this section preempt any State or local law regulating 
     admissibility of nonimmigrant workers.
       ``(3) Fees.--
       ``(A) In general.--The Secretary of Homeland Security may 
     require, as a condition of approving the petition, the 
     payment of a fee in accordance with subparagraph (B) to 
     recover the reasonable costs of processing petitions.
       ``(B) Amounts.--
       ``(i) Employer.--The fee for each employer that receives a 
     temporary alien agricultural labor certification shall be 
     equal to $100 plus $10 for each job opportunity for H-2A 
     workers certified, provided that the fee to an employer for 
     each temporary alien agricultural labor certification 
     received shall not exceed $1,000.
       ``(ii) Joint employer association.--In the case of a joint 
     employer association that receives a temporary alien 
     agricultural labor certification, each employer-member 
     receiving such certification shall pay a fee equal to $100 
     plus $10 for each job opportunity for H-2A workers certified, 
     provided that the fee to an employer for each temporary alien 
     agricultural labor certification received shall not exceed 
     $1,000. The joint employer association shall not be charged a 
     separate fee.
       ``(C) Payments.--The fees collected under this paragraph 
     shall be paid by check or money order made payable to the 
     `Department of Homeland Security'. In the case of employers 
     of H-2A workers that are members of a joint employer 
     association applying on their behalf, the aggregate fees for 
     all employers of H-2A workers under the petition may be paid 
     by 1 check or money order.
       ``(D) Inflation adjustment.--In the case of any calendar 
     year beginning after 2005, each dollar amount in subparagraph 
     (B) may be increased by an amount equal to--
       ``(i) such dollar amount; multiplied by
       ``(ii) the percentage (if any) by which the average of the 
     Consumer Price Index for all urban consumers (United States 
     city average) for the 12-month period ending with August of 
     the preceding calendar year exceeds such average for the 12-
     month period ending with August 2004.
       ``(h) Failure To Meet Conditions.--If the Secretary of 
     Labor finds, after notice and opportunity for a hearing, a 
     failure to meet a condition of subsection (a), or a material 
     misrepresentation of fact in a petition under subsection 
     (a)--
       ``(1) the Secretary of Labor shall notify the Secretary of 
     Homeland Security of such finding and may, in addition, 
     impose such other administrative remedies (including civil 
     money penalties in an amount not to exceed $1,000 per 
     violation) as the Secretary of Labor determines to be 
     appropriate; and
       ``(2) the Secretary of Homeland Security may disqualify the 
     employer from the employment of H-2A workers for a period of 
     1 year.
       ``(i) Willful Failures and Willful Misrepresentations.--If 
     the Secretary of Labor finds, after notice and opportunity 
     for a hearing, a willful failure to meet a material condition 
     of subsection (a) or a willful misrepresentation of a 
     material fact in a petition under subsection (a)--
       ``(1) the Secretary of Labor shall notify the Secretary of 
     Homeland Security of such finding and may, in addition, 
     impose such other administrative remedies (including civil 
     money penalties in an amount not to exceed $5,000 per 
     violation) as the Secretary of Labor determines to be 
     appropriate;
       ``(2) the Secretary of Homeland Security may disqualify the 
     employer from the employment of H-2A workers for a period of 
     2 years;
       ``(3) for a second violation, the Secretary of Homeland 
     Security may disqualify the employer from the employment of 
     H-2A workers for a period of 5 years; and
       ``(4) for a third violation, the Secretary of Homeland 
     Security may permanently disqualify the employer from the 
     employment of H-2A workers.
       ``(j) Displacement of United States Workers.--If the 
     Secretary of Labor finds, after notice and opportunity for a 
     hearing, a willful failure to meet a material condition of 
     subsection (a) or a willful misrepresentation of a material 
     fact in a petition under subsection (a), in the course of 
     which failure or misrepresentation the employer displaced a 
     United States worker employed by the employer during the 
     period of employment on the employer's petition under 
     subsection (a) or during the period of 30 days preceding such 
     period of employment--
       ``(1) the Secretary of Labor shall notify the Secretary of 
     Homeland Security of such finding and may, in addition, 
     impose such other

[[Page S3703]]

     administrative remedies (including civil money penalties in 
     an amount not to exceed $15,000 per violation) as the 
     Secretary of Labor determines to be appropriate;
       ``(2) the Secretary of Homeland Security may disqualify the 
     employer from the employment of H-2A workers for a period of 
     5 years; and
       ``(3) for a second violation, the Secretary of Homeland 
     Security may permanently disqualify the employer from the 
     employment of H-2A workers.
       ``(k) Limitations on Civil Money Penalties.--The Secretary 
     of Labor shall not impose total civil money penalties with 
     respect to a petition under subsection (a) in excess of 
     $90,000.
       ``(l) Failures To Pay Wages or Required Benefits.--If the 
     Secretary of Labor finds, after notice and opportunity for a 
     hearing, that the employer has failed to pay the wages, or 
     provide the housing allowance, transportation, subsistence 
     reimbursement, or guarantee of employment required under 
     subsection (a)(2), the Secretary of Labor shall assess 
     payment of back wages, or other required benefits, due any 
     United States worker or H-2A worker employed by the employer 
     in the specific employment in question. The back wages or 
     other required benefits under subsection (a)(2) shall be 
     equal to the difference between the amount that should have 
     been paid and the amount that actually was paid to such 
     worker.
       ``(m) Minimum Benefits, Wages, and Working Conditions.--
       ``(1) Preferential treatment of aliens prohibited.--
       ``(A) In general.--Employers seeking to hire United States 
     workers shall offer the United States workers not less than 
     the same benefits, wages, and working conditions that the 
     employer is offering, intends to offer, or will provide to H-
     2A workers. Conversely, no job offer may impose on United 
     States workers any restrictions or obligations which will not 
     be imposed on the employer's H-2A workers.
       ``(B) Interpretations and determinations.--While benefits, 
     wages, and other terms and conditions of employment specified 
     in this subsection are required to be provided in connection 
     with employment under this section, every interpretation and 
     determination made under this Act or under any other law, 
     regulation, or interpretative provision regarding the nature, 
     scope, and timing of the provision of these and any other 
     benefits, wages, and other terms and conditions of employment 
     shall be made in conformance with the governing principles 
     that the services of workers to their employers and the 
     employment opportunities afforded to workers by their 
     employers, including those employment opportunities that 
     require United States workers or H-2A workers to travel or 
     relocate in order to accept or perform employment, mutually 
     benefit such workers, as well as their families, and 
     employers, principally benefitting neither, and that 
     employment opportunities within the United States further 
     benefit the United States economy as a whole and should be 
     encouraged.
       ``(2) Required wages.--
       ``(A) An employer applying for workers under subsection (a) 
     shall offer to pay, and shall pay, all workers in the 
     occupation for which the employer has applied for workers, 
     not less than the prevailing wage.
       ``(B) In complying with subparagraph (A), an employer may 
     request and obtain a prevailing wage determination from the 
     State employment security agency.
       ``(C) In lieu of the procedure described in subparagraph 
     (B), an employer may rely on other wage information, 
     including a survey of the prevailing wages of workers in the 
     occupation in the area of intended employment that has been 
     conducted or funded by the employer or a group of employers, 
     that meets criteria specified by the Secretary of Labor in 
     regulations.
       ``(D) An employer who obtains such prevailing wage 
     determination, or who relies on a qualifying survey of 
     prevailing wages, and who pays the wage determined to be 
     prevailing, shall be considered to have complied with the 
     requirement of subparagraph (A).
       ``(E) No worker shall be paid less than the greater of the 
     prevailing wage or the applicable State minimum wage.
       ``(3) Requirement to provide housing or a housing 
     allowance.--
       ``(A) In general.--An employer applying for workers under 
     subsection (a) shall offer to provide housing at no cost to 
     all workers in job opportunities for which the employer has 
     applied under that section and to all other workers in the 
     same occupation at the place of employment, whose place of 
     residence is beyond normal commuting distance.
       ``(B) Type of housing.--In complying with subparagraph (A), 
     an employer may, at the employer's election, provide housing 
     that meets applicable Federal standards for temporary labor 
     camps or secure housing that meets applicable local standards 
     for rental or public accommodation housing, or other 
     substantially similar class of habitation, or in the absence 
     of applicable local standards, State standards for rental or 
     public accommodation housing or other substantially similar 
     class of habitation. In the absence of applicable State or 
     local standards, Federal temporary labor camp standards shall 
     apply.
       ``(C) Certificate of inspection.--Prior to any occupation 
     by a worker in housing described in subparagraph (B), the 
     employer shall submit a certificate of inspection by an 
     approved Federal or State agency to the Secretary of Labor.
       ``(D) Workers engaged in the range production of 
     livestock.--The Secretary of Labor shall issue regulations 
     that address the specific requirements for the provision of 
     housing to workers engaged in the range production of 
     livestock.
       ``(E) Limitation.--Nothing in this paragraph shall be 
     construed to require an employer to provide or secure housing 
     for persons who were not entitled to such housing under the 
     temporary labor certification regulations in effect on June 
     1, 1986.
       ``(F) Housing allowance as alternative.--
       ``(i) In general.--The employer may provide a reasonable 
     housing allowance in lieu of offering housing under 
     subparagraph (A) if the requirement under clause (v) is 
     satisfied.
       ``(ii) Assistance to locate housing.--Upon the request of a 
     worker seeking assistance in locating housing, the employer 
     shall make a good-faith effort to assist the worker in 
     locating housing in the area of intended employment.
       ``(iii) Limitation.--A housing allowance may not be used 
     for housing which is owned or controlled by the employer. An 
     employer who offers a housing allowance to a worker, or 
     assists a worker in locating housing which the worker 
     occupies, pursuant to this clause shall not be deemed a 
     housing provider under section 203 of the Migrant and 
     Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) 
     solely by virtue of providing such housing allowance.
       ``(iv) Reporting requirement.--The employer must provide 
     the Secretary of Labor with a list of the names of all 
     workers assisted under this subparagraph and the local 
     address of each such worker.
       ``(v) Certification.--The requirement of this clause is 
     satisfied if the Governor of the State certifies to the 
     Secretary of Labor that there is adequate housing available 
     in the area of intended employment for migrant farm workers, 
     and H-2A workers, who are seeking temporary housing while 
     employed at farm work. Such certification shall expire after 
     3 years unless renewed by the Governor of the State.
       ``(vi) Amount of allowance.--

       ``(I) Nonmetropolitan counties.--If the place of employment 
     of the workers provided an allowance under this subparagraph 
     is a nonmetropolitan county, the amount of the housing 
     allowance under this subparagraph shall be equal to the 
     statewide average fair market rental for existing housing for 
     nonmetropolitan counties for the State, as established by the 
     Secretary of Housing and Urban Development pursuant to 
     section 8(c) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an 
     assumption of 2 persons per bedroom.
       ``(II) Metropolitan counties.--If the place of employment 
     of the workers provided an allowance under this paragraph is 
     in a metropolitan county, the amount of the housing allowance 
     under this subparagraph shall be equal to the statewide 
     average fair market rental for existing housing for 
     metropolitan counties for the State, as established by the 
     Secretary of Housing and Urban Development pursuant to 
     section 8(c) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an 
     assumption of 2 persons per bedroom.

       ``(G) Exemption.--An employer applying for workers under 
     subsection (a) whose primary job site is located 150 miles or 
     less from the United States border shall not be required to 
     provide housing or a housing allowance.
       ``(4) Reimbursement of transportation.--
       ``(A) To place of employment.--
       ``(i) In general.--A worker who completes 50 percent of the 
     period of employment of the job opportunity for which the 
     worker was hired, measured from the worker's first day of 
     work in such employment, shall be reimbursed by the employer 
     for the cost of the worker's transportation and subsistence 
     from the place from which the worker was approved to enter 
     the United States to work for the employer (or place of last 
     employment, if the worker traveled from such place) to the 
     place of employment by the employer.
       ``(ii) Other fees.--The employer shall not be required to 
     reimburse visa, passport, consular, or international border-
     crossing fees or any other fees associated with the worker's 
     lawful admission into the United States to perform employment 
     that may be incurred by the worker.
       ``(iii) Timely reimbursement.--Reimbursement to the worker 
     of expenses for the cost of the worker's transportation and 
     subsistence to the place of employment shall be considered 
     timely if such reimbursement is made not later than the 
     worker's first regular payday after the worker completes 50 
     percent of the period of employment of the job opportunity as 
     provided under this paragraph.
       ``(B) From place of employment.--A worker who completes the 
     period of employment for the job opportunity involved shall 
     be reimbursed by the employer for the cost of the worker's 
     transportation and subsistence from the place from which the 
     worker was approved to enter the United States to work for 
     the employer.
       ``(C) Limitation.--
       ``(i) Amount of reimbursement.--Except as provided in 
     clause (ii), the amount of reimbursement provided under 
     subparagraph (A) or (B) to a worker or alien shall not exceed 
     the lesser of--

[[Page S3704]]

       ``(I) the actual cost to the worker or alien of the 
     transportation and subsistence involved; or
       ``(II) the most economical and reasonable common carrier 
     transportation charges and subsistence costs for the distance 
     involved.

       ``(ii) Distance traveled.--No reimbursement under 
     subparagraph (A) or (B) shall be required if the distance 
     traveled is 100 miles or less or if the worker is not 
     residing in employer-provided housing or housing secured 
     through an allowance as provided in paragraph (3).
       ``(D) Early termination.--If the worker is laid off or 
     employment is terminated for contract impossibility (as 
     described in paragraph (5)(D)) before the anticipated ending 
     date of employment, the employer shall provide the 
     transportation and subsistence required by subparagraph (B) 
     and, notwithstanding whether the worker has completed 50 
     percent of the period of employment, shall provide the 
     transportation reimbursement required by subparagraph (A).
       ``(E) Transportation between living quarters and 
     worksite.--The employer shall provide transportation between 
     the worker's living quarters (such as housing provided by the 
     employer pursuant to paragraph (3), including housing 
     provided through a housing allowance) and the employer's 
     worksite without cost to the worker, and such transportation 
     will be in accordance with applicable laws and regulations.
       ``(5) Guarantee of employment.--
       ``(A) Offer to worker.--The employer shall guarantee to 
     offer the worker employment for the hourly equivalent of at 
     least 75 percent of the work days of the total period of 
     employment, beginning with the first work day after the 
     arrival of the worker at the place of employment and ending 
     on the expiration date specified in the job offer. For 
     purposes of this subparagraph, the hourly equivalent means 
     the number of hours in the work days as stated in the job 
     offer and shall exclude the worker's Sabbath and Federal 
     holidays. If the employer affords the United States or H-2A 
     worker less employment than that required under this 
     subparagraph, the employer shall pay such worker the amount 
     which the worker would have earned had the worker, in fact, 
     worked for the guaranteed number of hours.
       ``(B) Failure to work.--Any hours which the worker fails to 
     work, up to a maximum of the number of hours specified in the 
     job offer for a work day, when the worker has been offered an 
     opportunity to do so, and all hours of work actually 
     performed (including voluntary work in excess of the number 
     of hours specified in the job offer in a work day, on the 
     worker's Sabbath, or on Federal holidays) may be counted by 
     the employer in calculating whether the period of guaranteed 
     employment has been met.
       ``(C) Abandonment of employment; termination for cause.--If 
     the worker voluntarily abandons employment before the end of 
     the contract period, or is terminated for cause, the worker 
     is not entitled to the 75 percent guarantee described in 
     subparagraph (A).
       ``(D) Contract impossibility.--If, before the expiration of 
     the period of employment specified in the job offer, the 
     services of the worker are no longer required for reasons 
     beyond the control of the employer due to any form of natural 
     disaster (including a flood, hurricane, freeze, earthquake, 
     fire, or drought), plant or animal disease, pest infestation, 
     or regulatory action, before the employment guarantee in 
     subparagraph (A) is fulfilled, the employer may terminate the 
     worker's employment. In the event of such termination, the 
     employer shall fulfill the employment guarantee in 
     subparagraph (A) for the work days that have elapsed from the 
     first work day after the arrival of the worker to the 
     termination of employment. In such cases, the employer will 
     make efforts to transfer the United States worker to other 
     comparable employment acceptable to the worker.
       ``(n) Petitioning for Admission.--An employer, or an 
     association acting as an agent or joint employer for its 
     members, that seeks the admission into the United States of 
     an H-2A worker must file a petition with the Secretary of 
     Homeland Security. The petition shall include the 
     attestations for the certification described in section 
     101(a)(15)(H)(ii)(a).
       ``(o) Expedited Adjudication by the Secretary.--The 
     Secretary of Homeland Security--
       ``(1) shall establish a procedure for expedited 
     adjudication of petitions filed under subsection (n); and
       ``(2) not later than 7 working days after such filing 
     shall, by fax, cable, or other means assuring expedited 
     delivery transmit a copy of notice of action on the 
     petition--
       ``(A) to the petitioner; and
       ``(B) in the case of approved petitions, to the appropriate 
     immigration officer at the port of entry or United States 
     consulate where the petitioner has indicated that the alien 
     beneficiary or beneficiaries will apply for a visa or 
     admission to the United States.
       ``(p) Disqualification.--
       ``(1) Subject to paragraph (2), an alien shall be 
     considered inadmissible to the United States and ineligible 
     for nonimmigrant status under section 101(a)(15)(H)(ii)(a) if 
     the alien has, at any time during the past 5 years, violated 
     a term or condition of admission into the United States as a 
     nonimmigrant, including overstaying the period of authorized 
     admission.
       ``(2) Waivers.--
       ``(A) In general.--An alien outside the United States, and 
     seeking admission under section 101(a)(15)(H)(ii)(a), shall 
     not be deemed inadmissible under such section by reason of 
     paragraph (1) or section 212(a)(9)(B) if the previous 
     violation occurred on or before April 1, 2005.
       ``(B) Limitation.--In any case in which an alien is 
     admitted to the United States upon having a ground of 
     inadmissibility waived under subparagraph (A), such waiver 
     shall be considered to remain in effect unless the alien 
     again violates a material provision of this section or 
     otherwise violates a term or condition of admission into the 
     United States as a nonimmigrant, in which case such waiver 
     shall terminate.
       ``(q) Abandonment of Employment.--
       ``(1) In general.--An alien admitted or provided status 
     under section 101(a)(15)(H)(ii)(a) who abandons the 
     employment which was the basis for such admission or status 
     shall be considered to have failed to maintain nonimmigrant 
     status as an H-2A worker and shall depart the United States 
     or be subject to removal under section 237(a)(1)(C)(i).
       ``(2) Report by employer.--The employer (or association 
     acting as agent for the employer) shall notify the Secretary 
     of Homeland Security within 7 days of an H-2A worker's having 
     prematurely abandoned employment.
       ``(3) Removal by the secretary.--The Secretary of Homeland 
     Security shall promptly remove from the United States any H-
     2A worker who violates any term or condition of the worker's 
     nonimmigrant status.
       ``(4) Voluntary termination.--Notwithstanding paragraph 
     (1), an alien may voluntarily terminate his or her employment 
     if the alien promptly departs the United States upon 
     termination of such employment.
       ``(r) Replacement of Alien.--
       ``(1) In general.--Upon presentation of the notice to the 
     Secretary of Homeland Security required by subsection (q)(2), 
     the Secretary of State shall promptly issue a visa to, and 
     the Secretary of Homeland Security shall admit into the 
     United States, an eligible alien designated by the employer 
     to replace an H-2A worker who abandons or prematurely 
     terminates employment.
       ``(2) Construction.--Nothing in this subsection shall limit 
     any preference required to be accorded United States workers 
     under any other provision of this Act.
       ``(s) Identification Document.--
       ``(1) In general.--The Department of Homeland Security 
     shall provide each alien authorized to be admitted under 
     section 101(a)(15)(H)(ii)(a) with a single machine-readable, 
     tamper-resistant, and counterfeit-resistant document that--
       ``(A) authorizes the alien's entry into the United States; 
     and
       ``(B) serves, for the appropriate period, as an employment 
     eligibility document.
       ``(2) Requirements.--No identification and employment 
     eligibility document may be issued which does not meet the 
     following requirements:
       ``(A) The document shall be capable of reliably determining 
     whether--
       ``(i) the individual with the identification and employment 
     eligibility document whose eligibility is being verified is 
     in fact eligible for employment;
       ``(ii) the individual whose eligibility is being verified 
     is claiming the identity of another person; and
       ``(iii) the individual whose eligibility is being verified 
     is authorized to be admitted into, and employed in, the 
     United States as an H-2A worker.
       ``(B) The document shall--
       ``(i) be compatible with other databases of the Secretary 
     of Homeland Security for the purpose of excluding aliens from 
     benefits for which they are not eligible and determining 
     whether the alien is unlawfully present in the United States; 
     and
       ``(ii) be compatible with law enforcement databases to 
     determine if the alien has been convicted of criminal 
     offenses.
       ``(t) Extension of Stay of H-2A Workers in the United 
     States.--
       ``(1) Extension of stay.--
       ``(A) In general.--An employer may seek up to 2 10-month 
     extensions under this subsection.
       ``(B) Petition.--If an employer seeks to employ an H-2A 
     worker who is lawfully present in the United States, the 
     petition filed by the employer or an association pursuant to 
     subsection (n) shall request an extension of the alien's 
     stay.
       ``(C) Commencement; maximum period.--An extension of stay 
     under this subsection--
       ``(i) may only commence upon the termination of the H-2A 
     worker's contract with an employer; and
       ``(ii) may not exceed 10 months unless the employer files a 
     written request for up to an additional 30 days accompanied 
     by justification that the need for such additional time is 
     necessitated by adverse weather conditions, acts of God, or 
     economic hardship beyond the control of the employer.
       ``(D) Future eligibility.--At the conclusion of 3 10-month 
     employment periods authorized under this section, the alien 
     so employed may not be employed in the United States as an H-
     2A worker until the alien has returned to the alien's country 
     of nationality or country of last residence for not less than 
     6 months.
       ``(2) Work authorization upon filing petition for extension 
     of stay.--
       ``(A) In general.--An alien who is lawfully present in the 
     United States may commence or continue the employment 
     described in a petition under paragraph (1) on the date on 
     which the petition is filed. The employer

[[Page S3705]]

     shall provide a copy of the employer's petition to the alien, 
     who shall keep the petition with the alien's identification 
     and employment eligibility document, as evidence that the 
     petition has been filed and that the alien is authorized to 
     work in the United States.
       ``(B) Approval.--Upon approval of a petition for an 
     extension of stay or change in the alien's authorized 
     employment, the Secretary of Homeland Security shall provide 
     a new or updated employment eligibility document to the alien 
     indicating the new validity date, after which the alien is 
     not required to retain a copy of the petition.
       ``(C) Definition.--In this paragraph, the term `file' means 
     sending the petition by certified mail via the United States 
     Postal Service, return receipt requested, or delivered by 
     guaranteed commercial delivery which will provide the 
     employer with a documented acknowledgment of the date of 
     receipt of the petition.
       ``(u) Special Rule for Aliens Employed as Sheepherders, 
     Goatherders, or Dairy Workers.--Notwithstanding any other 
     provision of this section, an alien admitted under section 
     101(a)(15)(H)(ii)(a) for employment as a sheepherder, 
     goatherder, or dairy worker may be admitted for a period of 
     up to 2 years.
       ``(v) Definitions.--For purposes of this section:
       ``(1) Area of employment.--The term `area of employment' 
     means the area within normal commuting distance of the 
     worksite or physical location where the work of the H-2A 
     worker is or will be performed. If such worksite or location 
     is within a Metropolitan Statistical Area, any place within 
     such area is deemed to be within the area of employment.
       ``(2) Eligible individual.--The term `eligible individual' 
     means, with respect to employment, an individual who is not 
     an unauthorized alien (as defined in section 274A(h)(3)) with 
     respect to that employment.
       ``(3) Displace.--In the case of a petition with respect to 
     1 or more H-2A workers by an employer, the employer is 
     considered to `displace' a United States worker from a job if 
     the employer lays off the worker from a job that is 
     essentially the equivalent of the job for which the H-2A 
     worker or workers is or are sought. A job shall not be 
     considered to be essentially equivalent of another job unless 
     it involves essentially the same responsibilities, was held 
     by a United States worker with substantially equivalent 
     qualifications and experience, and is located in the same 
     area of employment as the other job.
       ``(4) H-2a worker.--The term `H-2A worker' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a).
       ``(5) Lays off.--
       ``(A) In general.--The term `lays off', with respect to a 
     worker--
       ``(i) means to cause the worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, or the expiration of a grant or 
     contract (other than a temporary employment contract entered 
     into in order to evade a condition described in paragraph (3) 
     or (7) of subsection (a); but
       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer (or, in 
     the case of a placement of a worker with another employer 
     under subsection (a)(7), with either employer described in 
     such subsection) at equivalent or higher compensation and 
     benefits than the position from which the employee was 
     discharged, regardless of whether or not the employee accepts 
     the offer.
       ``(B) Construction.--Nothing in this paragraph is intended 
     to limit an employee's rights under a collective bargaining 
     agreement or other employment contract.
       ``(6) Prevailing wage.--The term `prevailing wage' means, 
     with respect to an agricultural occupation in an area of 
     intended employment, the rate of wages that includes the 51st 
     percentile of employees with similar experience and 
     qualifications in the agricultural occupation in the area of 
     intended employment, expressed in terms of the prevailing 
     method of pay for the occupation in the area of intended 
     employment.
       ``(7) United states worker.--The term `United States 
     worker' means any worker, whether a United States citizen or 
     national, a lawfully admitted permanent resident alien, or 
     any other alien authorized to work in the relevant job 
     opportunity within the United States, except--
       ``(A) an alien admitted or otherwise provided status under 
     section 101(a)(15)(H)(ii)(a); and
       ``(B) an alien provided status under section 220.''.

     SEC. 712. LEGAL ASSISTANCE PROVIDED BY THE LEGAL SERVICES 
                   CORPORATION.

       Section 305 of the Immigrant Reform and Control Act of 1986 
     (8 U.S.C. 1101 note) is amended--
       (1) by striking ``A nonimmigrant'' and inserting the 
     following:
       ``(a) In General.--A nonimmigrant''; and
       (2) by adding at the end the following:
       ``(b) Legal Assistance.--The Legal Services Corporation may 
     not provide legal assistance for or on behalf of any alien, 
     and may not provide financial assistance to any person or 
     entity that provides legal assistance for or on behalf of any 
     alien, unless the alien--
       ``(1) is present in the United States at the time the legal 
     assistance is provided; and
       ``(2) is an alien to whom subsection (a) applies.''
       ``(c) Required Mediation.--No party may bring a civil 
     action for damages on behalf of a nonimmigrant described in 
     section 101(a)(15)(H)(ii)(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) or pursuant 
     to those in the Blue Card Program established under section 
     220 of such Act, unless at least 90 days before bringing the 
     action a request has been made to the Federal Mediation and 
     Conciliation Service to assist the parties in reaching a 
     satisfactory resolution of all issues involving all parties 
     to the dispute and mediation has been attempted.''.

                      Subtitle B--Blue Card Status

     SEC. 721. BLUE CARD PROGRAM.

       (a) In General.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
     adding at the end the following:


                          ``BLUE CARD PROGRAM

       ``Sec. 220. (a) Definitions.--As used in this section--
       ``(1) the term `agricultural employment'--
       ``(A) means any service or activity that is considered to 
     be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986; and
       ``(B) includes any service or activity described in--
       ``(i) title 37, 37-3011, or 37-3012 (relating to 
     landscaping) of the Department of Labor 2004-2005 
     Occupational Information Network Handbook;
       ``(ii) title 45 (relating to farming fishing, and forestry) 
     of such handbook; or
       ``(iii) title 51, 51-3022, or 51-3023 (relating to meat, 
     poultry, fish processors and packers) of such handbook.
       ``(2) the term `blue card status' means the status of an 
     alien who has been--
       ``(A) lawfully admitted for a temporary period under 
     subsection (b); and
       ``(B) issued a tamper-resistant, machine-readable document 
     that serves as the alien's visa, employment authorization, 
     and travel documentation and contains such biometrics as are 
     required by the Secretary;
       ``(3) the term `employer' means any person or entity, 
     including any farm labor contractor and any agricultural 
     association, that employs workers in agricultural employment;
       ``(4) the term `Secretary' means the Secretary of Homeland 
     Security;
       ``(5) the term `small employer' means an employer employing 
     fewer than 500 employees based upon the average number of 
     employees for each of the pay periods for the preceding 10 
     calendar months, including the period in which the employer 
     employed H-2A workers; and
       ``(6) the term `United States worker' means any worker, 
     whether a United States citizen or national, a lawfully 
     admitted permanent resident alien, or any other alien 
     authorized to work in the relevant job opportunity within the 
     United States, except--
       ``(A) an alien admitted or otherwise provided status under 
     section 101(a)(15)(H)(ii)(a); and
       ``(B) an alien provided status under this section.
       ``(b) Blue Card Program.--
       ``(1) Blue card program.--Notwithstanding any other 
     provision of law, the Secretary shall confer blue card status 
     upon an alien who qualifies under this subsection if the 
     Secretary determines that the alien--
       ``(A) has been in the United States continuously as of 
     April 1, 2005;
       ``(B) has performed more than 50 percent of total annual 
     weeks worked in agricultural employment in the United States 
     (except in the case of a child provided derivative status as 
     of April 1, 2005);
       ``(C) is otherwise admissible to the United States under 
     section 212, except as otherwise provided under paragraph 
     (2); and
       ``(D) is the beneficiary of a petition filed by an 
     employer, as described in paragraph (3).
       ``(2) Waiver of certain grounds for inadmissibility.--In 
     determining an alien's eligibility for blue card status under 
     paragraph (1)(C)--
       ``(A) the provisions of paragraphs (5), (6)(A), (7)(A), and 
     (9)(B) of section 212(a) shall not apply;
       ``(B) the provisions of section 212(a)(6)(C) shall not 
     apply with respect to prior or current agricultural 
     employment; and
       ``(C) the Secretary may not waive paragraph (1), (2), or 
     (3) of section 212(a) unless such waiver is permitted under 
     another provision of law.
       ``(3) Petitions.--
       ``(A) In general.--An employer seeking blue card status 
     under this section for an alien employee shall file a 
     petition for blue card status with the Secretary.
       ``(B) Employer petition.--An employer filing a petition 
     under subparagraph (A) shall--
       ``(i) pay a registration fee of--

       ``(I) $1,000, if the employer employs more than 500 
     employees; or
       ``(II) $500, if the employer is a small employer employing 
     500 or fewer employees;

       ``(ii) pay a processing fee to cover the actual costs 
     incurred in adjudicating the petition; and
       ``(iii) attest that the employer conducted adequate 
     recruitment in the metropolitan statistical area of intended 
     employment before filing the attestation and was unsuccessful 
     in locating qualified United States workers for the job 
     opportunity for which

[[Page S3706]]

     the certification is sought, which attestation shall be valid 
     for a period of 60 days.
       ``(C) Recruitment.--
       ``(i) The adequate recruitment requirement under 
     subparagraph (B)(iii) is satisfied if the employer--

       ``(I) places a job order with America's Job Bank Program of 
     the Department of Labor; and
       ``(II) places a Sunday advertisement in a newspaper of 
     general circulation or an advertisement in an appropriate 
     trade journal or ethnic publication that is likely to be 
     patronized by a potential worker in the metropolitan 
     statistical area of intended employment.

       ``(ii) An advertisement under clause (i)(II) shall--

       ``(I) name the employer;
       ``(II) direct applicants to report or send resumes, as 
     appropriate for the occupation, to the employer;
       ``(III) provide a description of the vacancy that is 
     specific enough to apprise United States workers of the job 
     opportunity for which certification is sought;
       ``(IV) describe the geographic area with enough specificity 
     to apprise applicants of any travel requirements and where 
     applicants will likely have to reside to perform the job;
       ``(V) state the rate of pay, which must equal or exceed the 
     wage paid for the occupation in the area of intended 
     employment; and
       ``(VI) offer wages, terms, and conditions of employment, 
     which are at least as favorable as those offered to the 
     alien.

       ``(D) Notification of denial.--The Secretary shall provide 
     notification of a denial of a petition filed for an alien to 
     the alien and the employer who filed such petition.
       ``(E) Effect of denial.--If the Secretary denies a petition 
     filed for an alien, such alien shall return to the country of 
     the alien's nationality or last residence outside the United 
     States.
       ``(4) Blue card status.--
       ``(A) Blue card.--
       ``(i) All-in-one card.--The Secretary, in conjunction with 
     the Secretary of State, shall develop a single machine-
     readable, tamper-resistant document that--

       ``(I) authorizes the alien's entry into the United States;
       ``(II) serves, during the period an alien is in blue card 
     status, as an employment authorized endorsement or other 
     appropriate work permit for agricultural employment only; and
       ``(III) serves as an entry and exit document to be used in 
     conjunction with a proper visa or as a visa and as other 
     appropriate travel and entry documentation using biometric 
     identifiers that meet the biometric identifier standards 
     jointly established by the Secretary of State and the 
     Secretary.

       ``(ii) Biometrics.--

       ``(I) After a petition is filed by an employer and receipt 
     of such petition is confirmed by the Secretary, the alien, in 
     order to further adjudicate the petition, shall submit 2 
     biometric identifiers, as required by the Secretary, at an 
     Application Support Center.
       ``(II) The Secretary shall prescribe a process for the 
     submission of a biometric identifier to be incorporated 
     electronically into an employer's prior electronic filing of 
     a petition. The Secretary shall prescribe an alternative 
     process for employers to file a petition in a manner other 
     than electronic filing, as needed.

       ``(B) Document requirements.--The Secretary shall issue a 
     blue card that is--
       ``(i) capable of reliably determining if the individual 
     with the blue card whose eligibility is being verified is--

       ``(I) eligible for employment;
       ``(II) claiming the identify of another person; and
       ``(III) authorized to be admitted; and

       ``(ii) compatible with--

       ``(I) other databases maintained by the Secretary for the 
     purpose of excluding aliens from benefits for which they are 
     not eligible and determining whether the alien is unlawfully 
     present in the United States; and
       ``(II) law enforcement databases to determine if the alien 
     has been convicted of criminal offenses.

       ``(C) Authorized travel.--During the period an alien is in 
     blue card status granted under this section and pursuant to 
     regulations established by the Secretary, the alien may make 
     brief visits outside the United States. An alien may be 
     readmitted to the United States after such a visit without 
     having to obtain a visa if the alien presents the alien's 
     blue card document. Such periods of time spent outside the 
     United States shall not cause the period of blue card status 
     in the United States to be extended.
       ``(D) Portability.--
       ``(i) During the period in which an alien is in blue card 
     status, the alien issued a blue card may accept new 
     employment upon the Secretary's receipt of a petition filed 
     by an employer on behalf of the alien. Employment 
     authorization shall continue for such alien until such 
     petition is adjudicated.
       ``(ii) If a petition filed under clause (i) is denied and 
     the alien has ceased employment with the previous employer, 
     the authorization under clause (i) shall terminate and the 
     alien shall be required to return to the country of the 
     alien's nationality or last residence.
       ``(iii) A fee may be required by the Secretary to cover the 
     actual costs incurred in adjudicating a petition under this 
     subparagraph. No other fee may be required under this 
     subparagraph.
       ``(iv) A petition by an employer under this subparagraph 
     may not be accepted within 90 days after the adjudication of 
     a previous petition on behalf of an alien.
       ``(E) Annual check in.--The employer of an alien in blue 
     card status who has been employed for 1 year in blue card 
     status shall confirm the alien's continued employment status 
     with the Secretary electronically or in writing. Such 
     confirmation will not require a further labor attestation.
       ``(F) Termination of blue card status.--
       ``(i) During the period of blue card status granted an 
     alien, the Secretary may terminate such status upon a 
     determination by the Secretary that the alien is deportable 
     or has become inadmissible.
       ``(ii) The Secretary may terminate blue card status granted 
     to an alien if--

       ``(I) the Secretary determines that, without the 
     appropriate waiver, the granting of blue card status was the 
     result of fraud or willful misrepresentation (as described in 
     section 212(a)(6)(C)(i));
       ``(II) the alien is convicted of a felony or a misdemeanor 
     committed in the United States; or
       ``(III) the Secretary determines that the alien is 
     deportable or inadmissible under any other provision of this 
     Act.

       ``(5) Period of authorized admission.--
       ``(A) In general.--The initial period of authorized 
     admission for an alien with blue card status shall be not 
     more than 3 years. The employer of such alien may petition 
     for extensions of such authorized admission for 2 additional 
     periods of not more than 3 years each.
       ``(B) Exception.--The limit on renewals shall not apply to 
     a nonimmigrant in a position of full-time, non-temporary 
     employment who has managerial or supervisory 
     responsibilities. The employer of such nonimmigrant shall be 
     required to make an additional attestation to such an 
     employment classification with the filing of a petition.
       ``(C) Reporting requirement.--If an alien with blue card 
     status ceases to be employed by an employer, such employer 
     shall immediately notify the Secretary of such cessation of 
     employment. The Secretary shall provide electronic means for 
     making such notification.
       ``(D) Loss of employment.--
       ``(i) An alien's blue card status shall terminate if the 
     alien is unemployed for 60 or more consecutive days.
       ``(ii) An alien whose period of authorized admission 
     terminates under clause (i) shall be required to return to 
     the country of the alien's nationality or last residence.
       ``(6) Grounds for ineligibility.--
       ``(A) Bar to future visas for condition violations.--Any 
     alien having blue card status shall not again be eligible for 
     the same blue card status if the alien violates any term or 
     condition of such status.
       ``(B) Aliens unlawfully present.--Any alien who enters the 
     United States after April 1, 2005, without being admitted or 
     paroled shall be ineligible for blue card status.
       ``(C) Aliens in h-2a status.--Any alien in lawful H-2A 
     status as of April 1, 2005, shall be ineligible for blue card 
     status.
       ``(7) Bar on change or adjustment of status.--
       ``(A) In general.--An alien having blue card status shall 
     not be eligible to change or adjust status in the United 
     States or obtain a different nonimmigrant or immigrant visa 
     from a United States Embassy or consulate.
       ``(B) Loss of eligibility.--An alien having blue card 
     status shall lose eligibility for such status if the alien--
       ``(i) files a petition to adjust status to legal permanent 
     residence in the United States; or
       ``(ii) requests a consular processing for an immigrant visa 
     outside the United States.
       ``(C) Exception.--An alien having blue card status may not 
     adjust status to legal permanent resident status or obtain 
     another nonimmigrant or immigrant status unless--
       ``(i)(I) the alien renounces his or her blue card status by 
     providing written notification to the Secretary of Homeland 
     Security or the Secretary of State; or
       ``(II) the alien's blue card status otherwise expires; and
       ``(ii) the alien has resided and been physically present in 
     the alien's country of nationality or last residence for not 
     less than 1 year after leaving the United States and the 
     renouncement or expiration of blue card status.
       ``(8) Judicial review.--There shall be no judicial review 
     of a denial of blue card status.
       ``(c) Safe Harbor.--
       ``(1) Safe harbor of alien.--An alien for whom a 
     nonfrivolous petition is filed under this section--
       ``(A) shall be granted employment authorization pending 
     final adjudication of the petition;
       ``(B) may not be detained, determined inadmissible or 
     deportable, or removed pending final adjudication of the 
     petition for change in status, unless the alien commits an 
     act which renders the alien ineligible for such change of 
     status; and
       ``(C) may not be considered an unauthorized alien as 
     defined in section 274A(h)(3) until such time as the petition 
     for status is adjudicated.
       ``(2) Safe harbor for employer.--An employer that files a 
     petition for blue card status for an alien shall not be 
     subject to civil and criminal tax liability relating directly 
     to the employment of such alien. An employer that provides 
     unauthorized aliens with copies of employment records or 
     other

[[Page S3707]]

     evidence of employment pursuant to the petition shall not be 
     subject to civil and criminal liability pursuant to section 
     274A for employing such unauthorized aliens.
       ``(d) Treatment of Spouses and Children.--
       ``(1) Spouses.--A spouse of an alien having blue card 
     status shall not be eligible for derivative status by 
     accompanying or following to join the alien. Such a spouse 
     may obtain status based only on an independent petition filed 
     by an employer petitioning under subsection (b)(3) with 
     respect to the employment of the spouse.
       ``(2) Children.--A child of an alien having blue card 
     status shall not be eligible for the same temporary status 
     unless--
       ``(A) the child is accompanying or following to join the 
     alien; and
       ``(B) the alien is the sole custodial parent of the child 
     or both custodial parents of the child have obtained such 
     status.''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act is amended by inserting after 
     the item relating to section 219 the following:

``Sec. 220. Blue card program.''.

     SEC. 722. PENALTIES FOR FALSE STATEMENTS.

       Section 1546 of title 18, United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) Any person, including the alien who is the 
     beneficiary of a petition, who--
       ``(1) files a petition under section 220(b)(3) of the 
     Immigration and Nationality Act; and
       ``(2)(A) knowingly and willfully falsifies, conceals, or 
     covers up a material fact related to such a petition;
       ``(B) makes any false, fictitious, or fraudulent statements 
     or representations, or makes or uses any false writing or 
     document knowing the same to contain any false, fictitious, 
     or fraudulent statement or entry related to such a petition; 
     or
       ``(C) creates or supplies a false writing or document for 
     use in making such a petition,
     shall be fined in accordance with this title, imprisoned not 
     more than 5 years, or both.''.

     SEC. 723. SECURING THE BORDERS.

       Not later than 6 months after the date of enactment of this 
     Act, the Secretary of Homeland Security shall submit to 
     Congress a comprehensive plan for securing the borders of the 
     United States.

     SEC. 724. EFFECTIVE DATE.

       This subtitle shall take effect on the date that is 6 
     months after the date of enactment of this Act.
                                 ______
                                 
  SA 433. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill H.R. 1268, 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; 
which was ordered to lie on the table; as follows:

       Sec.   . Settlement of Claims.--It is the sense of the 
     Congress that the United States should--
       (a) reach a settlement agreement with the Republic of Iraq 
     providing for fair and full compensation of any unresolved 
     claim of any United States national who was victimized by 
     acts of terrorism committed by the former Iraqi regime, 
     including hostage-taking and torture committed during the 
     period between the Iraqi invasion of Kuwait on August 2, 1990 
     and the conclusion of the First Persian Gulf War on February 
     25, 1991; and
       (b) seek compensation from responsible parties for any 
     United States civilian who has been victimized by acts of 
     terror committee in response to U.S. foreign and military 
     policy in Iraq since March 21, 2003.
                                 ______
                                 
  SA 434. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill H.R. 1268, 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; 
which was ordered to lie on the table; as follows:

       On page 231, between lines 3 and 4, insert the following:


                        diversity lottery visas

       Sec. 6047. (a) Section 204(a)(1)(I)(ii) of the Immigration 
     and Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)) is amended 
     by striking subclause (II) and inserting the following:

       ``(II) An alien who qualifies, through random selection, 
     for a visa under section 203(c) or adjustment of status under 
     section 245(a) shall remain eligible to receive such visa 
     beyond the end of the specific fiscal year for which the 
     alien was selected if the alien--

       ``(aa) properly applied for such visa or adjustment of 
     status during the fiscal year for which alien was selected; 
     and
       ``(bb) was notified by the Secretary of State, through the 
     publication of the Visa Bulletin, that the application was 
     authorized.''.
       (b)(1) Notwithstanding any other provision of law, a visa 
     shall be available under section 203(c) of the Immigration 
     and Nationality Act (8 U.S.C. 1153(c)) if--
       (A) such alien was eligible for and properly applied for an 
     adjustment of status during a fiscal year between 1998 and 
     2004;
       (B) the application submitted by such alien was denied 
     because personnel of the Department of Homeland Security or 
     the Immigration and Naturalization Service failed to 
     adjudicate such application during the fiscal year in which 
     such application was filed;
       (C) such alien moves to reopen such adjustment of status 
     applications pursuant to procedures or instructions provided 
     by the Secretary of Homeland Security or the Secretary of 
     State; and
       (D) such alien has continuously resided in the United 
     States since the date of submitting such application.
       (2) A visa made available under paragraph (1) may not be 
     counted toward the numerical maximum for the worldwide level 
     of set out in section 201(e) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(e)).
       (c) The amendment made by subsection (a) shall take effect 
     on October 1, 2005.
                                 ______
                                 
  SA 435. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
to amendment SA 375 submitted by Mr. Craig) for himself and Mr. 
Kennedy) and intended to be proposed to the bill H.R. 1268, 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; which was ordered to lie on the table; 
as follows:

       On page 6, line 12, strike ``(e)(2)'' and all that follows 
     through line 18, and insert the following: ``(e)(2); or

       ``(II) is convicted of a felony or misdemeanor committed in 
     the United States.''.

       On page 16, line 2, strike ``(e)(2)'' and all that follows 
     through line 8, and insert the following: ``(e)(2); or

       ``(II) is convicted of a felony or misdemeanor committed in 
     the United States.''.

       On page 18, line 16, strike ``(e)(2)'' and all that follows 
     through line 22, and insert the following: ``(e)(2); or
       ``(ii) is convicted of a felony or misdemeanor committed in 
     the United States.''.
                                 ______
                                 
  SA 436. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill H.R. 1268, 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; 
which was ordered to lie on the table; as follows:

       On page 13, strike line 5 and all that follows through page 
     14, line 23, and insert the following:
       (i) Qualifying employment.--The alien has performed at 
     least 5 years of agricultural employment in the United 
     States, for at least 575 hours or 100 work days per year, 
     during the 6-year period beginning on the date of enactment 
     of this Act.
       (ii) Application period.--The alien applies for adjustment 
     of status not later than 7 years after the date of enactment 
     of this Act.
       (iii) Proof.--In meeting the requirements under clause (i), 
     an alien may submit the record of employment described in 
     subsection (a)(5) or such documentation as may be submitted 
     under subsection (d)(3).
       (iv) Disability.--In determining whether an alien has met 
     the requirements under clause (i), the Secretary shall credit 
     the alien with any work days lost because the alien was 
     unable to work in agricultural employment due to injury or 
     disease arising out of and in the course of the alien's 
     agricultural employment, if the alien can establish such 
     disabling injury or disease through medical records.
                                 ______
                                 
  SA 437. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed by him to the bill H.R. 1268, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2005, to 
establish and rapidly implement regulations for

[[Page S3708]]

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; which was ordered to lie on the table; 
as follows:

       On page 231, after line 6, add the following:

     SEC. 6047. SENSE OF SENATE ON SELECT COMMITTEE ON 
                   INTELLIGENCE OF THE SENATE INVESTIGATION INTO 
                   PRISONER DETENTION, INTERROGATION, AND 
                   RENDITION POLICIES AND PRACTICES OF THE UNITED 
                   STATES GOVERNMENT.

       (a) Sense of Senate.--
       (1) In general.--It is the sense of the Senate that the 
     Select Committee on Intelligence of the Senate should conduct 
     an investigation into, and study of, all matters relating to 
     the authorities, policies, and practices of the departments, 
     agencies, and other entities of the United States Government 
     on the detention, interrogation, or rendition of prisoners 
     for intelligence purposes (other than for purely domestic law 
     enforcement purposes), whether by such departments, agencies, 
     or entities themselves or in conjunction with any foreign 
     government or entity.
       (2) Elements.--The investigation and study under paragraph 
     (1) should address and consider--
       (A) the history of the authorities, policies, and practices 
     of the United States Government on the detention, 
     interrogation, or rendition of prisoners for intelligence 
     purposes before September 11, 2001, including--
       (i) a review of any presidential or other authorities, and 
     other written guidance, before that date on the detention, 
     interrogation, or rendition of prisoners;
       (ii) a review of any experience before that date with the 
     detention, interrogation, or rendition of prisoners; and
       (iii) an assessment of the legality and efficacy of the 
     practices before that date with respect to the detention, 
     interrogation, and rendition of prisoners;
       (B) all presidential and other authorities since September 
     11, 2001, on the detention, interrogation, or rendition of 
     prisoners for intelligence purposes;
       (C) all legal opinions and memoranda of any official or 
     component of the Department of Justice since September 11, 
     2001 on the authorities, polices, or practices of the United 
     States Government with respect to the detention, 
     interrogation, or rendition of prisoners for intelligence 
     purposes;
       (D) all legal opinions and memoranda of any official or 
     component of any other department, agency, or entity of the 
     United States Government since September 11, 2001 on 
     authorities, policies, or practices with respect to the 
     detention, interrogation, or rendition of prisoners for 
     intelligence purposes;
       (E) all investigations and reviews conducted since 
     September 11, 2001 by any department, agency, or entity of 
     the United States Government, or by any nongovernmental 
     organization, on the authorities, policies, and practices of 
     the United States Government with respect to the detention, 
     interrogation, or rendition of prisoners for intelligence 
     purposes;
       (F) all facts concerning the actual detention, 
     interrogation, or rendition of prisoners for intelligence 
     purposes by any department, agency, or other entity of the 
     United States Government since September 11, 2001;
       (G) all facts concerning the knowledge of any department, 
     agency, or other entity of the United States Government of 
     the detention and interrogation methods of any foreign 
     government or entity to which persons detained by the 
     departments, agencies, or other entities of the United States 
     Government have been rendered;
       (H) case studies and evaluations of the detention, 
     interrogation, or rendition of persons, including any methods 
     used and the reliability of the information obtained;
       (I) all rules, practices, plans, and actual experiences on 
     the use of classified information in military tribunals, 
     commissions, or other proceedings on the detention, continued 
     detention, or military trials of detainees;
       (J) all plans for the long-term detention, or for 
     prosecution by civilian courts or military tribunals or 
     commissions, of persons detained by any department, agency, 
     or other entity of the United States Government or of persons 
     who have been rendered by the United States Government to any 
     foreign government or entity; and
       (K) any other matters that the Select Committee on 
     Intelligence of the Senate considers appropriate for the 
     investigation and study.
       (b) Report.--
       (1) In general.--The Select Committee on Intelligence of 
     the Senate should submit to the Senate, not later than six 
     months after the date of the enactment of this Act, a report 
     on the investigation and study under subsection (b).
       (2) Elements.--The report under paragraph (1) should 
     include--
       (A) such findings as the Select Committee on Intelligence 
     considers appropriate in light of the investigation and study 
     under that paragraph; and
       (B) such recommendations, including recommendations for 
     legislative or administrative action, as the Select Committee 
     on Intelligence considers appropriate in light of the 
     investigation and study.
       (3) Form.--The report under paragraph (1) should be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA. 438. Mr. COCHRAN (for Mr. Specter) proposed an amendment to the 
bill H.R. 1268, 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; as follows:

       On page 220, line 12, strike ``Section 101'' and insert 
     ``Section 102'' in lieu thereof.
                                 ______
                                 
  SA 439. Mr. CRAIG (for himself and Mr. Akaka) submitted an amendment 
intended to be proposed by him to the bill H.R. 1268, 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TRAUMATIC INJURY PROTECTION.

       (a) In General.--Subchapter III of chapter 19, Title 38, 
     United States Code, is amended--
       (1) in section 1965, by adding at the end the following:
       ``(11) The term `activities of daily living' means the 
     inability to independently perform 2 of the 6 following 
     functions:
       ``(A) Bathing.
       ``(B) Continence.
       ``(C) Dressing.
       ``(D) Eating.
       ``(E) Toileting.
       ``(F) Transferring.''; and
       (2) by adding at the end the following:

     ``Sec. 1980A. Traumatic injury protection

       ``(a) A member who is insured under subparagraph (A)(i), 
     (B), or (C)(i) of section 1967(a)(1) shall automatically be 
     issued a traumatic injury protection rider that will provide 
     for a payment not to exceed $100,000 if the member, while so 
     insured, sustains a traumatic injury that results in a loss 
     described in subsection (b)(1). The maximum amount payable 
     for all injuries resulting from the same traumatic event 
     shall be limited to $100,000. If a member suffers more than 1 
     such loss as a result of traumatic injury, payment will be 
     made in accordance with the schedule in subsection (d) for 
     the single loss providing the highest payment.
       ``(b)(1) A member who is issued a traumatic injury 
     protection rider under subsection (a) is insured against--
       ``(A) total and permanent loss of sight;
       ``(B) loss of a hand or foot by severance at or above the 
     wrist or ankle;
       ``(C) total and permanent loss of speech;
       ``(D) total and permanent loss of hearing in both ears;
       ``(E) loss of thumb and index finger of the same hand by 
     severance at or above the metacarpophalangeal joints;
       ``(F) quadriplegia, paraplegia, or hemiplegia;
       ``(G) burns greater than second degree, covering 30 percent 
     of the body or 30 percent of the face; and
       ``(H) coma or the inability to carry out the activities of 
     daily living resulting from traumatic injury to the brain.
       ``(2) For purposes of this subsection--
       ``(A) the term `quadriplegia' means the complete and 
     irreversible paralysis of all 4 limbs;
       ``(B) the term `paraplegia' means the complete and 
     irreversible paralysis of both lower limbs; and
       ``(C) the term `hemiplegia' means the complete and 
     irreversible paralysis of the upper and lower limbs on 1 side 
     of the body.
       ``(3) In no case will a member be covered against loss 
     resulting from--
       ``(A) attempted suicide, while sane or insane;
       ``(B) an intentionally self-inflicted injury or any attempt 
     to inflict such an injury;
       ``(C) illness, whether the loss results directly or 
     indirectly;
       ``(D) medical or surgical treatment of illness, whether the 
     loss results directly or indirectly;
       ``(E) any infection other than--
       ``(i) a pyogenic infection resulting from a cut or wound; 
     or
       ``(ii) a bacterial infection resulting from ingestion of a 
     contaminated substance;
       ``(F) the commission of or attempt to commit a felony;
       ``(G) being legally intoxicated or under the influence of 
     any narcotic unless administered or consumed on the advice of 
     a physician; or
       ``(H) willful misconduct as determined by a military court, 
     civilian court, or administrative body.

[[Page S3709]]

       ``(c) A payment under this section may be made only if--
       ``(1) the member is insured under Servicemembers' Group 
     Life Insurance when the traumatic injury is sustained;
       ``(2) the loss results directly from that traumatic injury 
     and from no other cause; and
       ``(3) the member suffers the loss not later than 90 days 
     after sustaining the traumatic injury, except, if the loss is 
     quadriplegia, paraplegia, or hemiplegia, the member suffers 
     the loss not later than 365 days after sustaining the 
     traumatic injury.
       ``(d) Payments under this section for losses described in 
     subsection (b)(1) will be made in accordance with the 
     following schedule:
       ``(1) Loss of both hands, $100,000.
       ``(2) Loss of both feet, $100,000.
       ``(3) Inability to carry out activities of daily living 
     resulting from traumatic brain injury, $100,000.
       ``(4) Burns greater than second degree, covering 30 percent 
     of the body or 30 percent of the face, $100,000.
       ``(5) Loss of sight in both eyes, $100,000.
       ``(6) Loss of 1 hand and 1 foot, $100,000.
       ``(7) Loss of 1 hand and sight of 1 eye, $100,000.
       ``(8) Loss of 1 foot and sight of 1 eye, $100,000.
       ``(9) Loss of speech and hearing in 1 ear, $100,000.
       ``(10) Total and permanent loss of hearing in both ears, 
     $100,000.
       ``(11) Quadriplegia, $100,000.
       ``(12) Paraplegia, $75,000.
       ``(13) Loss of 1 hand, $50,000.
       ``(14) Loss of 1 foot, $50,000.
       ``(15) Loss of sight one eye, $50,000.
       ``(16) Total and permanent loss of speech, $50,000.
       ``(17) Loss of hearing in 1 ear, $50,000.
       ``(18) Hemiplegia, $50,000.
       ``(19) Loss of thumb and index finger of the same hand, 
     $25,000.
       ``(20) Coma resulting from traumatic brain injury, $50,000 
     at time of claim and $50,000 at end of 6-month period.
       ``(e)(1) During any period in which a member is insured 
     under this section and the member is on active duty, there 
     shall be deducted each month from the member's basic or other 
     pay until separation or release from active duty an amount 
     determined by the Secretary of Veterans Affairs as the 
     premium allocable to the pay period for providing traumatic 
     injury protection under this section (which shall be the same 
     for all such members) as the share of the cost attributable 
     to provided coverage under this section, less any costs 
     traceable to the extra hazards of such duty in the uniformed 
     services.
       ``(2) During any month in which a member is assigned to the 
     Ready Reserve of a uniformed service under conditions which 
     meet the qualifications set forth in section 1965(5)(B) of 
     this title and is insured under a policy of insurance 
     purchased by the Secretary of Veterans Affairs under section 
     1966 of this title, there shall be contributed from the 
     appropriation made for active duty pay of the uniformed 
     service concerned an amount determined by the Secretary of 
     Veterans Affairs (which shall be the same for all such 
     members) as the share of the cost attributable to provided 
     coverage under this section, less any costs traceable to the 
     extra hazards of such duty in the uniformed services. Any 
     amounts so contributed on behalf of any member shall be 
     collected by the Secretary of the concerned service from such 
     member (by deduction from pay or otherwise) and shall be 
     credited to the appropriation from which such contribution 
     was made in advance on a monthly basis.
       ``(3) The Secretary of Veterans Affairs shall determine the 
     premium amounts to be charged for traumatic injury protection 
     coverage provided under this section.
       ``(4) The premium amounts shall be determined on the basis 
     of sound actuarial principles and shall include an amount 
     necessary to cover the administrative costs to the insurer or 
     insurers providing such insurance.
       ``(5) Each premium rate for the first policy year shall be 
     continued for subsequent policy years, except that the rate 
     may be adjusted for any such subsequent policy year on the 
     basis of the experience under the policy, as determined by 
     the Secretary of Veterans Affairs in advance of that policy 
     year.
       ``(6) The cost attributable to insuring such member under 
     this section, less the premiums deducted from the pay of the 
     member's uniformed service, shall be paid by the Secretary of 
     Defense to the Secretary of Veterans Affairs. This amount 
     shall be paid on a monthly basis, and shall be due within 10 
     days of the notice provided by the Secretary of Veterans 
     Affairs to the Secretary of the concerned uniformed service.
       ``(7) The Secretary of Defense shall provide the amount of 
     appropriations required to pay expected claims in a policy 
     year, as determined according to sound actuarial principles 
     by the Secretary of Veterans Affairs.
       ``(8) The Secretary of Defense shall forward an amount to 
     the Secretary of Veterans Affairs that is equivalent to half 
     the anticipated cost of claims for the current fiscal year, 
     upon the effective date of this legislation.
       ``(f) The Secretary of Defense shall certify whether any 
     member claiming the benefit under this section is eligible.
       ``(g) Payment for a loss resulting from traumatic injury 
     will not be made if the member dies not more than 7 days 
     after the date of the injury. If the member dies before 
     payment to the member can be made, the payment will be made 
     according to the member's most current beneficiary 
     designation under Servicemembers' Group Life Insurance, or a 
     by law designation, if applicable.
       ``(h) Coverage for loss resulting from traumatic injury 
     provided under this section shall cease at midnight on the 
     date of the member's separation from the uniformed service. 
     Payment will not be made for any loss resulting from injury 
     incurred after the date a member is separated from the 
     uniformed services.
       ``(i) Insurance coverage provided under this section is not 
     convertible to Veterans' Group Life Insurance.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     19 of title 38, United States Code, is amended by adding 
     after the item relating to section 1980 the following:

``1980A. Traumatic injury protection. ''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first month 
     beginning more than 120 days after the date of enactment of 
     this Act.
                                 ______
                                 
  SA 440. Mr. BIDEN (for himself, Mr. Bingaman, and Mr. Carper) 
submitted an amendment intended to be proposed by him to the bill H.R. 
1268, 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; which was ordered to 
lie on the table; as follows:

       On page 169, between lines 8 and 9, insert the following:


 force protection work and medical care at vaccine health care centers

       Sec. 1122. (a) Increase in Amount for Defense Health 
     Program.--The amount appropriated by this chapter under the 
     heading ``Defense Health Program'' is hereby increased by 
     $6,000,000.
       (b) Availability of Amount.--Of the amount appropriated or 
     otherwise made available by this chapter under the heading 
     ``Defense Health Program'', as increased by subsection (a), 
     $6,000,000 shall be available for force protection work and 
     medical care at the Vaccine Health Care Centers.
       (c) Offset.--The amount appropriated by chapter 2 of this 
     title under the heading ``Global War on Terror Partners 
     Fund'' is hereby reduced by $6,000,000.
                                 ______
                                 
  SA 441. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill H.R. 1268, 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; 
which was ordered to lie on the table; as follows:

       On page 231, between lines 3 and 4, insert the following:
       Sec. 6047. Notwithstanding any other provision of law, 
     funds that have been appropriated to and awarded by the 
     Secretary of Energy under the Clean Coal Power Initiative in 
     accordance with financial assistance solicitation number DE-
     PS26-02NT41428 (as described in 67 Fed. Reg. 575) to 
     construct a Fischer-Tropsch coal-to-oil project may be used 
     by the Secretary to provide a loan guarantee for the project.
                                 ______
                                 
  SA 442. Mr. REED (for himself, Ms. Snowe, Mr. Kennedy, Mr. Chafee, 
and Mr. Kerry) submitted an amendment intended to be proposed by him to 
the bill H.R. 1268, 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; which was ordered 
to lie on the table; as follows:

       On page 204, between lines 4 and 5, insert the following:

                               CHAPTER 5

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


                  OPERATIONS, RESEARCH, AND FACILITIES

       For an additional amount for ``Operations, Research and 
     Facilities'', $1,000,000, to remain available until expended, 
     for the National Marine Fisheries Service to establish a 
     cooperative research program to study the

[[Page S3710]]

     causes of lobster disease and the decline in the lobster 
     fishery in New England waters: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).
                                 ______
                                 
  SA 443. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1268, 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; which was ordered 
to lie on the table; as follows:

       On page 231, after line 3, insert the following:


 AFFIRMING THE PROHIBITION ON TORTURE AND CRUEL, INHUMAN, OR DEGRADING 
                               TREATMENT

       Sec. 6047. (a)(1) None of the funds appropriated or 
     otherwise made available by this Act shall be obligated or 
     expended to subject any person in the custody or under the 
     physical control of the United States to torture or cruel, 
     inhuman, or degrading treatment or punishment that is 
     prohibited by the Constitution, laws, or treaties of the 
     United States.
       (2) Nothing in this section shall affect the status of any 
     person under the Geneva Conventions or whether any person is 
     entitled to the protections of the Geneva Conventions.
       (b) As used in this section--
       (1) the term ``torture'' has the meaning given that term in 
     section 2340(1) of title 18, United States Code; and
       (2) the term ``cruel, inhuman, or degrading treatment or 
     punishment'' means the cruel, unusual, and inhumane treatment 
     or punishment prohibited by the fifth amendment, eighth 
     amendment, or fourteenth amendment to the Constitution of the 
     United States.
                                 ______
                                 
  SA 444. Mrs. BOXER (for herself and Mr. Bingaman) submitted an 
amendment intended to be proposed by her to the bill H.R. 1268, 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; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:


     deployment of warlock systems and other field jamming systems

       Sec. 1122. (a) Additional Amount for Other Procurement, 
     Army.--The amount appropriated by this chapter under the 
     heading ``Other Procurement, Army'' is hereby increased by 
     $35,000,000, with the amount of such increase designated as 
     an emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).
       (b) Availability of Funds.--Of the amount appropriated or 
     otherwise made available by this chapter under the heading 
     ``Other Procurement, Army'', as increased by subsection (a), 
     $60,000,000 shall be available under the Tactical 
     Intelligence and Related Activities (TIARA) program to 
     facilitate the rapid deployment of Warlock systems and other 
     field jamming systems.
                                 ______
                                 
  SA 445. Mr. REID proposed an amendment to the bill H.R. 1268, 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; as follows:

       On page 183, after line 23, add the following new section:


            INTERNATIONAL EFFORTS FOR RECONSTRUCTION IN IRAQ

       Sec. 2105. (a) Congress makes the following findings:
       (1) The United States Armed Forces have borne the largest 
     share of the burden for securing and stabilizing Iraq. Since 
     the war's start, more than 500,000 United States military 
     personnel have served in Iraq and, as of the date of the 
     enactment of this Act, more than 130,000 such personnel are 
     stationed in Iraq. Though the Department of Defense has kept 
     statistics related to international troop contributions 
     classified, it is estimated that all of the coalition 
     partners combined have maintained a total force level in Iraq 
     of only 25,000 troops since early 2003.
       (2) United States taxpayers have borne the vast majority of 
     the financial costs of securing and reconstructing Iraq. 
     Prior to the date of the enactment of this Act, the United 
     States appropriated more than $175,000,000,000 for military 
     and reconstruction efforts in Iraq and, including the funds 
     appropriated in this Act, the amount appropriated for such 
     purposes increases to a total of more than $250,000,000,000.
       (3) Of such total, Congress appropriated $2,475,000,000 in 
     the Emergency Wartime Supplemental Appropriations Act, 2003 
     (Public Law 108-11; 117 Stat. 559) (referred to in this 
     section as ``Public Law 108-11'') and $18,439,000,000 in the 
     Emergency Supplemental Appropriations Act for Defense and for 
     the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 
     108-106; 117 Stat. 1209) (referred to in this section as 
     ``Public Law 108-106'') under the heading ``Iraq relief and 
     reconstruction fund'' for humanitarian assistance and to 
     carry out reconstruction and rehabilitation in Iraq.
       (4) The Sixth Quarterly Report required by section 2207 of 
     Public Law 108-106 (22 U.S.C. 2151 note), submitted by the 
     Secretary of State in April 2005, stated that $12,038,000,000 
     of the $18,439,000,000 appropriated by Public Law 108-106 
     under the heading ``Iraq relief and reconstruction fund'' had 
     been obligated and that only $4,209,000,000, less than 25 
     percent of the total amount appropriated, had actually been 
     spent.
       (5) According to such report, the international community 
     pledged more than $13,500,000,000 in foreign assistance to 
     Iraq in the form of grants, loans, credits, and other 
     assistance. While the report did not specify how much of the 
     assistance is intended to be provided as loans, it is 
     estimated that loans constitute as much as 80 percent of 
     contributions pledged by other nations. The report further 
     notes that, as of the date of the enactment of this Act, the 
     international community has contributed only $2,700,000,000 
     out of the total pledged amount, falling far short of its 
     commitments.
       (6) Iraq has the second largest endowment of oil in the 
     world and experts believe Iraq has the capacity to generate 
     $30,000,000,000 to $40,000,000,000 per year in revenues from 
     its oil industry. Prior to the launch of United States 
     operations in Iraq, members of the Administration stated that 
     profits from Iraq's oil industry would provide a substantial 
     portion of the funds needed for the reconstruction and relief 
     of Iraq and United Nations Security Council Resolution 1483 
     (2003) permitted the coalition to use oil reserves to finance 
     long-term reconstruction projects in Iraq.
       (7) Securing and rebuilding Iraq benefits the people of 
     Iraq, the United States, and the world and all nations should 
     do their fair share to achieve that outcome.
       (b) Notwithstanding any other provision of law, not more 
     than 50 percent of the previously appropriated Iraqi 
     reconstruction funds that have not been obligated or expended 
     prior to the date of the enactment of this Act may be 
     obligated or expended, as the case may be, for Iraq 
     reconstruction programs unless--
       (1) the President certifies to Congress that all countries 
     that pledged financial assistance at the Madrid International 
     Conference on Reconstruction in Iraq or in other fora since 
     March 2003, for the relief and reconstruction of Iraq, 
     including grant aid, credits, and in-kind contributions, have 
     fulfilled their commitments; or
       (2) the President--
       (A) certifies to Congress that the President or his 
     representatives have made credible and good faith efforts to 
     persuade other countries that made pledges of financial 
     assistance at the Madrid International Conference on 
     Reconstruction in Iraq or in other fora to fulfill their 
     commitments;
       (B) determines that, notwithstanding the efforts by United 
     States troops and taxpayers on behalf of the people of Iraq 
     and the failure of other countries to fulfill their 
     commitments, revenues generated from the sale of Iraqi oil or 
     other sources of revenue under the control of the Government 
     of Iraq may not be used to reimburse the Government of the 
     United States for the obligation and expenditure of a 
     significant portion of the remaining previously appropriated 
     Iraqi reconstruction funds;
       (C) determines that, notwithstanding the failure of other 
     countries to fulfill their commitments as described in 
     subparagraph (A) and that revenues generated from the sale of 
     Iraqi oil or other sources of revenue under the control of 
     the government of Iraq shall not be used to reimburse the 
     United States government as described in subparagraph (B), 
     the obligation and expenditure of remaining previously 
     appropriated Iraqi reconstruction funds is in the national 
     security interests of the United States; and
       (D) submits to Congress a written notification of the 
     determinations made under this paragraph, including a 
     detailed justification for such determinations, and a 
     description of the actions undertaken by the President or 
     other official of the United States to convince other 
     countries to fulfill their commitments described in 
     subparagraph (A).
       (c) This section may not be superseded, modified, or 
     repealed except pursuant to a provision of law that makes 
     specific reference to this section.
       (d) In this section:

[[Page S3711]]

       (1) The term ``previously appropriated Iraqi reconstruction 
     funds'' means the aggregate amount appropriated or otherwise 
     made available in chapter 2 of title II of Public Law 108-106 
     under the heading ``Iraq relief and reconstruction fund'' or 
     under title I of Public Law 108-11 under the heading ``Iraq 
     relief and reconstruction fund''.
       (2)(A) The term ``Iraq reconstruction programs'' means 
     programs to address the infrastructure needs of Iraq, 
     including infrastructure relating to electricity, oil 
     production, public works, water resources, transportation and 
     telecommunications, housing and construction, health care, 
     and private sector development.
       (B) The term does not include programs to fund military 
     activities (including the establishment of national security 
     forces or the Commanders' Emergency Response Programs), 
     public safety (including border enforcement, police, fire, 
     and customs), and justice and civil society development.
                                 ______
                                 
  SA 446. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill H.R. 1268, 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; 
which was ordered to lie on the table; as follows:

       On page 231, between lines 3 and 4, insert the following:
       Sec. 6047. Section 908(b)(1)(A) of the Trade Sanctions 
     Reform and Export Enhancement Act of 2000 (22 U.S.C. 
     7207(b)(1)(A)) is amended by inserting before the period at 
     the end the following: ``, which in this subsection means the 
     payment by the purchaser of an agricultural commodity or 
     product and the receipt of the payment by the seller prior 
     to--
       ``(i) the transfer of title of the commodity or product to 
     the purchaser; and
       ``(ii) the release of control of the commodity or product 
     to the purchaser.''.

                          ____________________