[Congressional Record Volume 151, Number 45 (Friday, April 15, 2005)]
[Senate]
[Pages S3754-S3759]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 447. Mr. WYDEN (for himself, Mr. Smith, and Mrs. Murray) 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:

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army


                  OPERATIONS AND MAINTENANCE, GENERAL

       For an additional amount for the Secretary of the Army, 
     acting through the Chief of Engineers, for emergency repair 
     of the Fern Ridge Dam, Oregon, $31,000,000, to remain 
     available until expended: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).
                                 ______
                                 
  SA 448. Mr. COBURN 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 199, strike line 13 and all that follows through 
     page 200, line 13.
                                 ______
                                 
  SA 449. Mr. COBURN 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 196, strike lines 4 through 17.
       On page 202, strike lines 1 through 13.
                                 ______
                                 
  SA 450. Mr. COBURN 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 166, strike lines 8 through 20.
                                 ______
                                 
  SA 451. Mr. SCHUMER (for himself, Ms. Mikulski, Ms. Stabenow, Mr. 
Dodd, Mrs. Boxer, Mr. Dorgan, Mr. Lieberman, Mrs. Clinton, Mr. Akaka, 
Mr. Durbin, and Mrs. Feinstein) 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 231, between lines 3 and 4, insert the following:
       Sec. 6047.(a) Congress finds that--
       (1) the prices of gasoline and crude oil have a direct and 
     substantial impact on the financial well-being of families of 
     the United States, the potential for national economic 
     recovery, and the economic security of the United States;
       (2) on April 12, 2005, crude oil prices closed at the 
     exceedingly high level of $51.86 per barrel and the price of 
     crude oil has remained above $50 per barrel since February 
     22, 2005;
       (3) on April 11, 2005, the Energy Information 
     Administration announced that the national price of gasoline, 
     at $2.28 per gallon--
       (A) had set a new record high for a 4th consecutive week;
       (B) was $0.49 higher than last year; and
       (C) could reach even higher levels in the near future;
       (4) despite the severely high, sustained price of crude 
     oil--
       (A) the Organization of Petroleum Exporting Countries 
     (referred to in this section as ``OPEC'') has refused to 
     adequately increase production to calm global oil markets and 
     officially abandoned its $22-$28 price target; and
       (B) officials of OPEC member nations have publicly 
     indicated support for maintaining oil prices of $40-$50 per 
     barrel;
       (5) the Strategic Petroleum Reserve (referred to in this 
     section as ``SPR'') was created to enhance the physical and 
     economic security of the United States;
       (6) the law allows the SPR to be used to provide relief 
     when oil and gasoline supply shortages cause economic 
     hardship;
       (7) the proper management of the resources of the SPR could 
     provide gasoline price relief to families of the United 
     States and provide the United States with a tool to 
     counterbalance OPEC supply management policies;
       (8) the Administration's current policy of filling the SPR 
     despite the fact that the SPR

[[Page S3755]]

     is more than 98 percent full has exacerbated the rising price 
     of crude oil and record high retail price of gasoline;
       (9) in order to combat high gasoline prices during the 
     summer and fall of 2000, President Clinton released 
     30,000,000 barrels of oil from the SPR, stabilizing the 
     retail price of gasoline;
       (10) increasing vertical integration has allowed--
       (A) the 5 largest oil companies in the United States to 
     control almost as much crude oil production as the Middle 
     Eastern members of OPEC, over of domestic refiner capacity, 
     and over 60 percent of the retail gasoline market; and
       (B) the top 10 oil companies in the world to make more than 
     $100,000,000,000 in profit and in some instances to post 
     record-breaking fourth quarter earnings that were in some 
     cases more than 200 percent higher than the previous year;
       (11) the Administration has failed to manage the SPR in a 
     manner that would provide gasoline price relief to working 
     families; and
       (12) the Administration has failed to adequately demand 
     that OPEC immediately increase oil production in order to 
     lower crude oil prices and safeguard the world economy.
       (b) It is the sense of Congress that the President should--
       (1) directly confront OPEC and challenge OPEC to 
     immediately increase oil production; and
       (2) direct the Federal Trade Commission and Attorney 
     General to exercise vigorous oversight over the oil markets 
     to protect the people of the United States from price gouging 
     and unfair practices at the gasoline pump.
       (c)(1) For the period beginning on the date of enactment of 
     this Act and ending on the date that is 30 days after the 
     date of enactment of this Act--
       (A) deliveries of oil to the SPR shall be suspended; and
       (B) 1,000,000 barrels of oil per day shall be released from 
     the SPR.
       (2) If necessary to lower the burden of gasoline prices on 
     the economy of the United States and to circumvent the 
     efforts of OPEC to reap windfall crude oil profits, 1,000,000 
     barrels of oil per day shall be released from the Strategic 
     Petroleum Reserve for an additional 30 days.
                                 ______
                                 
  SA 452. Mr. REED (for himself and Mr. Chafee) 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; as follows:

       At the appropriate place, insert the following:

     SEC. __. ADJUSTMENT OF STATUS.

       (a) Adjustment of Status.--
       (1) Eligibility.--The Secretary of Homeland Security 
     (referred to in this section as the ``Secretary'') shall 
     adjust the status of any alien described in subsection (b) to 
     that of an alien lawfully admitted for permanent residence, 
     if the alien--
       (A) applies for adjustment before April 1, 2006; and
       (B) is otherwise eligible to receive an immigrant visa, has 
     not been convicted of an aggravated felony (as defined in 
     section 101(a)(43) of the Immigration and Nationality Act), 
     and is otherwise admissible to the United States for 
     permanent residence, except that, in determining such 
     admissibility--
       (i) the grounds of inadmissibility specified in paragraphs 
     (4), (5), (6)(A), and (7)(A) of section 212(a) of the 
     Immigration and Nationality Act shall not apply; and
       (ii) the Secretary, in the unreviewable discretion of the 
     Secretary, may waive the grounds of inadmissibility specified 
     in paragraphs (1)(A)(i) and (6)(C) of such section 212(a) for 
     humanitarian purposes, to assure family unity, or when it is 
     otherwise in the public interest.
       (2) Inapplicability of certain provisions.--
       (A) In general.--In determining the eligibility of an alien 
     described in subsection (b) or (d) for adjustment of status 
     under this section or other relief necessary to establish 
     eligibility for such adjustment, the provisions of section 
     241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 
     1231(a)(5)) shall not apply.
       (B) Reapplication for admission.--An alien who would 
     otherwise be inadmissible under subparagraph (A) or (C) of 
     section 212(a)(9) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(9)) may apply for the Secretary's consent to 
     reapply for admission without regard to the requirement that 
     the consent be granted prior to the date of the alien's 
     reembarkation at a place outside the United States or attempt 
     to be admitted from foreign contiguous territory, in order to 
     qualify for the exception to those grounds of inadmissibility 
     set forth in subparagraphs (A)(iii) and (C)(ii) of such 
     section 212(a)(9).
       (3) Relationship of application to certain orders.--
       (A) In general.--An alien present in the United States who 
     has been ordered excluded, deported, removed, or to depart 
     voluntarily from the United States under any provision of the 
     Immigration and Nationality Act may, notwithstanding such 
     order, apply for adjustment of status under paragraph (1).
       (B) Requirements.--An alien described in subparagraph (A)--
       (i) may not be required, as a condition of submitting or 
     granting such application, to file a separate motion to 
     reopen, reconsider, or vacate the order described in 
     subparagraph (A); and
       (ii) may be required to seek a stay of such order in 
     accordance with subsection (c) to prevent the execution of 
     that order pending the adjudication of the application for 
     adjustment of status.
       (C) Effect of decision by secretary.--If the Secretary 
     denies a stay of a final order of exclusion, deportation, or 
     removal, or if the Secretary renders a final administrative 
     decision to deny the application for adjustment of status, 
     the order shall be effective and enforceable to the same 
     extent as if the application had not been made. If the 
     Secretary grants the application for adjustment of status, 
     the Secretary shall cancel the order.
       (b) Aliens Eligible for Adjustment of Status.--
       (1) In general.--Except as provided under paragraphs (2) 
     and (3), the benefits provided under subsection (a) shall 
     apply to any alien who--
       (A) is a national of Liberia; and
       (B) has been physically present in the United States for a 
     continuous period, beginning not later than January 1, 2005, 
     and ending not earlier than the date on which the application 
     for adjustment under subsection (a) is filed.
       (2) Effect of absences.--An alien described in paragraph 
     (1) shall not be considered to have failed to maintain 
     continuous physical presence by reason of an absence, or 
     absences, from the United States for any periods in the 
     aggregate not exceeding 180 days.
       (3) Limitation.--Subsection (a) shall not apply to an alien 
     lawfully admitted for permanent residence, unless the alien 
     is applying for such relief in deportation or removal 
     proceedings.
       (c) Stay of Removal and Work Authorization.--
       (1) In general.--The Secretary shall provide, by 
     regulation, for an alien subject to a final order of 
     exclusion, deportation, or removal to seek a stay of such 
     order based on the filing of an application under subsection 
     (a). Nothing in this section shall require the Secretary to 
     stay the removal of an alien who is ineligible for adjustment 
     of status under this section.
       (2) During certain proceedings.--Notwithstanding any 
     provision in the Immigration and Nationality Act, the 
     Secretary shall not order any alien to be removed from the 
     United States, if the alien is in exclusion, deportation, or 
     removal proceedings under any provision of such Act and has 
     applied for adjustment of status under subsection (a), except 
     if the Secretary has rendered a final administrative 
     determination to deny the application.
       (3) Work authorization.--
       (A) In general.--The Secretary may authorize an alien who 
     has applied for adjustment of status under subsection (a) to 
     engage in employment in the United States during the pendency 
     of such application and may provide the alien with an 
     ``employment authorized'' endorsement or other appropriate 
     documentation signifying authorization of employment.
       (B) Pending applications.--If an application under 
     subsection (a) is pending for a period exceeding 180 days and 
     has not been denied, the Secretary shall authorize such 
     employment.
       (d) Spouses, Children, and Unmarried Sons and Daughters.--
       (1) Adjustment of status.--The Secretary shall adjust the 
     status of any alien to that of an alien lawfully admitted for 
     permanent residence if--
       (A) the alien is the spouse, child, or unmarried son or 
     daughter of an alien lawfully admitted for permanent 
     residence under subsection (a), if--
       (i) in the case of such a spouse, stepchild, or unmarried 
     stepson or stepdaughter, the qualifying marriage was entered 
     into before the date of enactment of this Act; and
       (ii) in the case of such an unmarried son or daughter, the 
     son or daughter is required to establish that he or she has 
     been physically present in the United States for a continuous 
     period, beginning not later than January 1, 2005, and ending 
     not earlier than the date the application for adjustment 
     under this subsection is filed, except that an alien shall 
     not be considered to have failed to maintain continuous 
     physical presence by reason of an absence, or absences, from 
     the United States for any periods in the aggregate not 
     exceeding 180 days;
       (B) the alien entered the United States on or before the 
     date of enactment of this Act;
       (C) the alien applies for such adjustment and is physically 
     present in the United States on the date the application is 
     filed;
       (D) the alien is otherwise eligible to receive an immigrant 
     visa, has not been convicted of an aggravated felony (as 
     defined in section 101(a)(43) of the Immigration and 
     Nationality Act) and is otherwise admissible to the United 
     States for permanent residence, except in determining such 
     admissibility the grounds of inadmissibility specified in 
     paragraphs (4), (5), (6)(A), and (7)(A) of section

[[Page S3756]]

     212(a) of the Immigration and Nationality Act shall not 
     apply, and the Secretary may, in his unreviewable discretion, 
     waive the grounds of inadmissibility specified in paragraphs 
     (1)(A)(i) and (6)(C) of such section 212(a) for humanitarian 
     purposes, to assure family unity, or when it is otherwise in 
     the public interest; and
       (E) the alien applies for such adjustment before April 1, 
     2006.
       (2) Eligibility of certain spouses and children for 
     issuance of immigrant visas.--
       (A) In general.--In accordance with regulations to be 
     promulgated by the Secretary and the Secretary of State, upon 
     approval of an application for adjustment of status to that 
     of an alien lawfully admitted for permanent residence under 
     subsection (a), an alien who is the spouse or child of the 
     alien granted such status may be issued a visa for admission 
     to the United States as an immigrant following to join the 
     principal applicant, if the spouse or child--
       (i) meets the requirements in subparagraph (A) and (D) of 
     paragraph (1); and
       (ii) applies for such a visa within a time period to be 
     established by regulation.
       (B) Fees.--
       (i) In general.--The Secretary of State may retain fees to 
     recover the cost of immigrant visa application processing and 
     issuance for certain spouses and children of aliens whose 
     applications for adjustment of status under subsection (a) 
     have been approved.
       (ii) Amount; availability.--Fees collected under this 
     subparagraph--

       (I) shall be deposited as an offsetting collection to any 
     Department of State appropriation to recover the cost of such 
     processing and issuance; and
       (II) shall be available until expended for the same 
     purposes of such appropriation to support consular 
     activities.

       (e) Administrative Review.--The Secretary shall provide to 
     applicants for adjustment of status under this section the 
     same right to, and procedures for, administrative review as 
     are provided to--
       (1) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act (8 U.S.C. 1255); or
       (2) aliens subject to removal proceedings under section 240 
     of such Act.
       (f) Limitation on Judicial Review.--A determination by the 
     Secretary as to whether the status of any alien should be 
     adjusted under this section is final and shall not be subject 
     to review by any court.
       (g) No Offset in Number of Visas Available.--If an alien is 
     granted the status of having been lawfully admitted for 
     permanent residence or an immigrant classification under this 
     section, the Secretary of State shall not be required to 
     reduce the number of immigrant visas authorized to be issued 
     under any provision of the Immigration and Nationality Act.
       (h) Application of Immigration and Nationality Act 
     Provisions.--
       (1) Definitions.--Except as otherwise specifically provided 
     in this section, the definitions contained in the Immigration 
     and Nationality Act shall apply in this section.
       (2) Savings provision.--Nothing in this section shall be 
     construed to repeal, amend, alter, modify, effect, or 
     restrict the powers, duties, function, or authority of the 
     Secretary in the administration and enforcement of the 
     Immigration and Nationality Act or any other law relating to 
     immigration, nationality, or naturalization.
       (3) Effect of eligibility for adjustment of status.--
     Eligibility to be granted the status of having been lawfully 
     admitted for permanent residence under this section shall not 
     preclude an alien from seeking any status under any other 
     provision of law for which the alien may otherwise be 
     eligible.
       (i) Admissions.--Nothing in this section shall be construed 
     as authorizing an alien to apply for admission to, be 
     admitted to, be paroled into, or otherwise return to the 
     United States, or to apply for or pursue an application for 
     adjustment of status under this section without the express 
     authorization of the Secretary.
                                 ______
                                 
  SA 453. Mr. CRAIG (for himself, Mr. Baucus, Mr. Roberts, and Mr. 
Enzi) 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:

       Strike all after ``Sec.'' in the matter proposed to be 
     inserted and insert the following:
       __. (a) Notwithstanding any other provision of law, 
     beginning in fiscal year 2005 and thereafter, none of the 
     funds made available by this or any other Act shall be used 
     to pay the salaries or expenses of any employee of any agency 
     or office to implement or enforce section 908(b)(1)(A) of the 
     Trade Sanctions Reform and Export Enhancement Act of 2000 (22 
     U.S.C. 7207(b)(1)(A)) or any other provision of law in a 
     manner other than a manner that permits payment by the 
     purchaser of an agricultural commodity or product to the 
     seller, and receipt of the payment by the seller, at any time 
     prior to--
       (1) the transfer of the title of the commodity or product 
     to the purchaser; and
       (2) the release of control of the commodity or product to 
     the purchaser.
       (b) Notwithstanding any other provision of law, beginning 
     in fiscal year 2005 and thereafter, none of the funds made 
     available by this or any other Act shall be used to pay the 
     salaries or expenses of any employee of any agency or office 
     that refuses to authorize the issuance of a general license 
     for travel-related transactions listed in subsection (c) of 
     section 515.560 of title 31, Code of Federal Regulations, for 
     travel to, from, or within Cuba undertaken in connection with 
     sales and marketing, including the organization and 
     participation in product exhibitions, and the transportation 
     by sea or air of products pursuant to the Trade Sanctions 
     Reform and Export Enhancement Act of 2000.
       (c) Notwithstanding any other provision of law, beginning 
     in fiscal year 2005 and thereafter, none of the funds made 
     available by this or any other Act shall be used to pay the 
     salaries or expenses of any employee of any agency or office 
     that restricts the direct transfers from a Cuban financial 
     institution to a United States financial institution executed 
     in payment for a product authorized for sale under the Trade 
     Sanctions Reform and Export Enhancement Act of 2000.
                                 ______
                                 
  SA 454. Mr. SALAZAR 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:


               REPORT ON AFGHAN SECURITY FORCES TRAINING

       Sec. 1122. (a) Notwithstanding any other provision of law, 
     not later than 60 days after the date on which the initial 
     obligation of funds made available in this Act for training 
     Afghan security forces is made, the Secretary of Defense, in 
     conjunction with the Secretary of State, shall submit to the 
     appropriate congressional committees a report that includes 
     the following:
       (1) An assessment of whether the individuals who are 
     providing training to Afghan security forces with assistance 
     provided by the United States have proven records of 
     experience in training law enforcement or security personnel.
       (2) A description of the procedures of the Department of 
     Defense and Department of State to ensure that an individual 
     who receives such training--
       (A) does not have a criminal background;
       (B) is not connected to any criminal or terrorist 
     organization, including the Taliban;
       (C) is not connected to drug traffickers; and
       (D) meets certain age and experience standards;
       (3) A description of the procedures of the Department of 
     Defense and Department of State that--
       (A) clearly establish the standards an individual who will 
     receive such training must meet;
       (B) clearly establish the training courses that will permit 
     the individual to meet such standards; and
       (C) provide for certification of an individual who meets 
     such standards.
       (4) A description of the procedures of the Department of 
     Defense and Department of State to ensure the coordination of 
     such training efforts between these two Departments.
       (5) The number of trained security personnel needed in 
     Afghanistan, an explanation of how such number was 
     determined, and a schedule for training that number of 
     people.
       (6) A description of the methods that will be used by the 
     Government of Afghanistan to maintain and equip such 
     personnel when such training is completed.
       (7) A description of how such training efforts will be 
     coordinated with other training programs being conducted by 
     the governments of other countries or international 
     organizations in Afghanistan.
       (b) Not less frequently than once each year the Secretary 
     of Defense, in conjunction with the Secretary of State, shall 
     submit a report to the appropriate congressional committees 
     that describes the progress made to meet the goals and 
     schedules set out in the report required by subsection (a).
       (c) In this section the term ``appropriate congressional 
     committees'' means the Committee on Appropriations, the 
     Committee on Armed Services, and the Committee on Foreign 
     Relations of the Senate and the Committee on Appropriations, 
     the Committee on Armed Services, and the Committee on 
     International Relations of the House of Representatives.
                                 ______
                                 
  SA 455: Mr. COBURN submitted an amendment intended to be proposed by

[[Page S3757]]

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 208, strike lines 19 through 22.
                                 ______
                                 
  SA 456. Mr. SESSIONS 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 183, after line 23, insert the following:


              UNITED NATIONS HEADQUARTERS RENOVATION LOAN

       Sec. 2105. (a) Notwithstanding any other provision of law, 
     and subject to subsection (b), no loan in excess of 
     $600,000,000 may be made available by the United States for 
     renovation of the United Nations headquarters building 
     located in New York, New York.
       (b) No loan may be made available by the United States for 
     renovation of the United Nations headquarters building 
     located in New York, New York until after the date on which 
     the President certifies to Congress that the renovation 
     project has been fairly and competitively bid and that such 
     bid is a reasonable cost for the renovation project.
                                 ______
                                 
  SA 457. 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 171, line 2 strike ``$150,000,000'' and all through 
     line 6 and insert in lieu thereof the following:
     ``$458,000,000 to remain available until expended: Provided, 
     That from this amount, to the maximum extent possible, 
     funding shall be restored to the previously approved fiscal 
     year 2005 programs under section 204(a)(2) of the 
     Agricultural Trade Development and Assistance Act of 1954: 
     Provided further, 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 458. 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 171, line 2 strike ``$150,000,000'' and all through 
     line 6 and insert in lieu thereof the following:
       ``$470,000,000 to remain available until expended: 
     Provided, That from this amount, to the maximum extent 
     possible, funding shall be restored to the previously 
     approved fiscal year 2005 programs under section 204(a)(2) of 
     the Agricultural Trade Development and Assistance Act of 
     1954: Provided further, 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 459. 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

       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) Subsection (f)(1) of such section is amended in the 
     matter preceding subparagraph (A) by inserting ``appropriated 
     funds by the Coalition Provisional Authority in Iraq during 
     the period from May 1, 2003 through June 28, 2004 and'' after 
     ``expenditure of''.
       (c) Notwithstanding any other provision of law, 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 shall be available 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 460. 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 191, between lines 8 and 9, insert the following:

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army


                  OPERATIONS AND MAINTENANCE, GENERAL

       For an additional amount for the Secretary of the Army, 
     acting through the Chief of Engineers, for emergency work on 
     the Los Angeles-Long Beach Harbor, Mojave River Dam, Port San 
     Luis, and Santa Barbara Harbor, $7,500,000, to remain 
     available until expended: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).
                                 ______
                                 
  SA 461. 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 191, between lines 8 and 9, insert the following:

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army


                         construction, GENERAL

       The project for navigation, Los Angeles Harbor, California, 
     authorized by section 101(b)(5) of the Water Resources 
     Development Act of 2000 (114 Stat. 2577) is modified to 
     authorize the Secretary of the Army to carry out the project 
     at a total cost of $222,000,000.
                                 ______
                                 
  SA 462. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill H.R. 1268, making

[[Page S3758]]

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 191, between lines 8 and 9, insert the following:

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army


                         CONSTRUCTION, GENERAL

       For an additional amount for the Secretary of the Army, 
     acting through the Chief of Engineers, for emergency 
     construction at Lower Santa Ana River Reaches 1 and 2 of the 
     Santa Ana River Project, Prado Dam of the Santa Ana River 
     Project, San Timoteo of the Santa Ana River Project, Murrieta 
     Creek, and Santa Paula Creek, $12,500,000, to remain 
     available until expended: Provided, That the amounts provided 
     under this heading are designated as an emergency requirement 
     pursuant to section 402 of the conference report to accompany 
     S. Con. Res. 95 (108th Congress).
                                 ______
                                 
  SA 463. Mr. BYRD 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:


          audits of defense contracts in iraq and afghanistan

       Sec. 1122. (a)(1) Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Director of the Defense Contract Audit 
     Agency, shall submit to the Committee on Appropriations and 
     the Committee on Armed Services of the Senate and the 
     Committee on Appropriations and the Committee on Armed 
     Services of the House of Representatives a report that lists 
     and describes audits conducted by the Defense Contract Audit 
     Agency of task or delivery order contracts and other 
     contracts related to security and reconstruction activities 
     in Iraq and Afghanistan.
       (2) The Secretary of Defense shall identify in the report 
     submitted under paragraph (1)--
       (A) any such task or delivery order contract or other 
     contract that the Director of the Defense Contract Audit 
     Agency determines involves costs that are unjustified, 
     unsupported, or questionable, including any charges assessed 
     on goods or services not provided in connection with such 
     task or delivery order contract or other contract; and
       (B) the amount of the unjustified, unsupported, or 
     questionable costs and the percentage of the total value of 
     such task or delivery order contract or other contract that 
     such costs represent.
       (3) The Secretary of Defense shall submit to the Committee 
     on Appropriations and the Committee on Armed Services of the 
     Senate and the Committee on Appropriations and the Committee 
     on Armed Services of the House of Representatives an update 
     of the report submitted under paragraph (1) every 90 days 
     thereafter.
       (b) In the event that any costs under a contract are 
     identified by the Director of the Defense Contract Audit 
     Agency as unjustified, unsupported, or questionable pursuant 
     to subsection (a)(2), the Secretary of Defense shall withhold 
     from amounts otherwise payable to the contractor under such 
     contract a sum equal to 115 percent of the total amount of 
     such costs.
       (c) Upon a subsequent determination by the Director of the 
     Defense Contract Audit Agency that any unjustified, 
     unsupported, or questionable cost for which an amount payable 
     was withheld under subsection (b) has been justified, 
     supported, or answered, as the case may be, the Secretary of 
     Defense may release such amount for payment to the contractor 
     concerned.
       (d) In each report or update submitted under subsection 
     (a), the Secretary of Defense shall describe each action 
     taken under subsection (b) or (c) during the period covered 
     by such report or update.
                                 ______
                                 
  SA 464. Mr. BYRD 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:


requests for future funding for military operations in afghanistan and 
                                  iraq

       Sec. 1122. (a) Findings.--The Senate makes the following 
     findings:
       (1) The Department of Defense Appropriations Act, 2004 
     (Public Law 108-87) and the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287) each contain a 
     sense of the Senate provision urging the President to provide 
     in the annual budget requests of the President for a fiscal 
     year under section 1105(a) of title 31, United States Code, 
     an estimate of the cost of ongoing military operations in 
     Iraq and Afghanistan in such fiscal year.
       (2) The budget for fiscal year 2006 submitted to Congress 
     by the President on February 7, 2005, requests no funds for 
     fiscal year 2006 for ongoing military operations in Iraq or 
     Afghanistan.
       (3) According to the Congressional Research Service, there 
     exists historical precedent for including the cost of ongoing 
     military operations in the annual budget requests of the 
     President following initial funding for such operations by 
     emergency or supplemental appropriations Acts, including--
       (A) funds for Operation Noble Eagle, beginning in the 
     budget request of President George W. Bush for fiscal year 
     2005;
       (B) funds for operations in Kosovo, beginning in the budget 
     request of President George W. Bush for fiscal year 2001;
       (C) funds for operations in Bosnia, beginning in budget 
     request of President Clinton for fiscal year 1997;
       (D) funds for operations in Southwest Asia, beginning in 
     the budget request of President Clinton for fiscal year 1997;
       (E) funds for operations in Vietnam, beginning in the 
     budget request of President Johnson for fiscal year 1966; and
       (F) funds for World War II, beginning in the budget request 
     of President Roosevelt for fiscal year 1943.
       (4) The Senate has included in its version of the fiscal 
     year 2006 budget resolution, which was adopted by the Senate 
     on March 17, 2005, a reserve fund of $50,000,000,000 for 
     overseas contingency operations, but the determination of 
     that amount could not take into account any Administration 
     estimate on the projected cost of such operations in fiscal 
     year 2006.
       (5) In February 2005, the Congressional Budget Office 
     estimated that fiscal year 2006 costs for ongoing military 
     operations in Iraq and Afghanistan could total 
     $65,000,000,000.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) any request for funds for a fiscal year after fiscal 
     year 2006 for an ongoing military operation overseas, 
     including operations in Afghanistan and Iraq, should be 
     included in the annual budget of the President for such 
     fiscal year as submitted to Congress under section 1105(a) of 
     title 31, United States Code;
       (2) the President should submit to Congress, not later than 
     September 1, 2005, an amendment to the budget of the 
     President for fiscal year 2006 that was submitted to Congress 
     under section 1105(a) of title 31, United States Code, 
     setting forth detailed cost estimates for ongoing military 
     operations overseas during such fiscal year; and
       (3) any funds provided for a fiscal year for ongoing 
     military operations overseas should be provided in 
     appropriations Acts for such fiscal year through 
     appropriations to specific accounts set forth in such 
     appropriations Acts.
       (c) Additional Requirements for Certain Reports.--(1) Each 
     semiannual report to Congress required under a provision of 
     law referred to in paragraph (2) shall include, in addition 
     to the matters specified in the applicable provision of law, 
     the following:
       (A) A statement of the cumulative total of all amounts 
     obligated, and of all amounts expended, as of the date of 
     such report for Operation Enduring Freedom.
       (B) A statement of the cumulative total of all amounts 
     obligated, and of all amounts expended, as of the date of 
     such report for Operation Iraqi Freedom.
       (C) An estimate of the reasonably foreseeable costs for 
     ongoing military operations to be incurred during the 12-
     month period beginning on the date of such report.
       (2) The provisions of law referred to in this paragraph are 
     as follows:
       (A) Section 1120 of the Emergency Supplemental 
     Appropriations Act for Defense and for the Reconstruction of 
     Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 
     1219; 10 U.S.C. 113 note).
       (B) Section 9010 of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1008; 
     10 U.S.C. 113 note).
                                 ______
                                 
  SA 465. Mr. BYRD (for himself, Mr. Craig, Mr. Dorgan, Mr. Baucus, Mr. 
Leahy, Mrs. Feinstein, Mr. Obama, and Mr. Lieberman) submitted an 
amendment intended to be proposed by him to the bill H.R. 1268, making 
emergency supplemental appropriations for

[[Page S3759]]

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 187, after line 4, insert the following:


       reduction in funding for diplomatic and consular programs

       The amount for ``Diplomatic and Consular Programs'' under 
     chapter 2 of title II shall be $357,700,000.

                     Customs and Border Protection


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', for 
     the hiring of Border Patrol agents and related mission 
     support expenses and continued operation of unmanned aerial 
     vehicles along the Southwest Border, $179,745,000, to remain 
     available until September 30, 2006.

                     Customs and Border Protection


                              Construction

       For an additional amount for ``Construction'', $67,438,000, 
     to remain available until expended.

                  Immigration and Customs Enforcement


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', for 
     the enforcement of immigration and customs laws, detention 
     and removal, and investigations, including the hiring of 
     immigration investigators, enforcement agents, and 
     deportation officers, and the provision of detention bed 
     space, $128,000,000, to remain available until September 30, 
     2006.

                Federal Law Enforcement Training Center


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $10,471,000, to remain available until September 30, 2006.


     acquisition, construction, improvements, and related expenses

       For an additional amount ``Acquisition, Construction, 
     Improvements, and Related Expenses'', for the provision of 
     training at the Border Patrol Academy, $3,959,000, to remain 
     available until expended.

                          ____________________