[Congressional Record Volume 151, Number 46 (Monday, April 18, 2005)]
[Senate]
[Pages S3844-S3862]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 466. Mr. SHELBY 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:


 refundable wage differential credit for activated military reservists

       Sec. 1122. (a) In General.--Subpart C of part IV of 
     subchapter A of chapter 1 of the Internal Revenue Code of 
     1986 is amended by redesignating section 36 as section 37 and 
     by inserting after section 35 the following new section:

     ``SEC. 36. WAGE DIFFERENTIAL FOR ACTIVATED RESERVISTS.

       ``(a) In General.--In the case of a qualified reservist, 
     there shall be allowed as a credit against the tax imposed by 
     this subtitle an amount equal to the qualified active duty 
     wage differential of such qualified reservist for the taxable 
     year.
       ``(b) Qualified Active Duty Wage Differential.--For 
     purposes of this section--
       ``(1) In general.--The term `qualified active duty wage 
     differential' means the daily wage differential of the 
     qualified active duty reservist multiplied by the number of 
     days such qualified reservist participates in qualified 
     reserve component duty during the taxable year, including 
     time spent in a travel status.
       ``(2) Daily wage differential.--The daily wage differential 
     is an amount equal to the lesser of--
       ``(A) the excess of--
       ``(i) the qualified reservist's average daily qualified 
     compensation, over
       ``(ii) the qualified reservist's average daily military pay 
     while participating in qualified reserve component duty to 
     the exclusion of the qualified reservist's normal employment 
     duties, or
       ``(B) $54.80.
       ``(3) Average daily qualified compensation.--
       ``(A) In general.--The term `average daily qualified 
     compensation' means--
       ``(i) the qualified compensation of the qualified reservist 
     for the one-year period ending on the day before the date the 
     qualified reservist begins qualified reserve component duty, 
     divided by
       ``(ii) 365.
       ``(B) Qualified compensation.--The term `qualified 
     compensation' means--
       ``(i) compensation which is normally contingent on the 
     qualified reservist's presence for work and which would be 
     includible in gross income, and
       ``(ii) compensation which is not characterized by the 
     qualified reservist's employer as vacation or holiday pay, or 
     as sick leave or pay, or as any other form of pay for a 
     nonspecific leave of absence.
       ``(4) Average daily military pay and allowances.--
       ``(A) In general.--The term `average daily military pay and 
     allowances' means--
       ``(i) the amount paid to the qualified reservist during the 
     taxable year as military pay and allowances on account of the 
     qualified reservist's participation in qualified reserve 
     component duty, determined as of the date the qualified 
     reservist begins qualified reserve component duty, divided by
       ``(ii) the total number of days the qualified reservist 
     participates in qualified reserve component duty during the 
     taxable year, including time spent in travel status.
       ``(B) Military pay and allowances.--The term `military pay' 
     means pay as that term is defined in section 101(21) of title 
     37, United States Code, and the term `allowances' means the 
     allowances payable to a member of the Armed Forces of the 
     United States under chapter 7 of that title.
       ``(5) Qualified reserve component duty.--The term 
     `qualified reserve component duty' means--
       ``(A) active duty performed, as designated in the 
     reservist's military orders, in support of a contingency 
     operation as defined in section 101(a)(13) of title 10, 
     United States Code, or
       ``(B) full-time National Guard duty (as defined in section 
     101(19) of title 32, United States Code) which is ordered 
     pursuant to a request by the President, for a period under 1 
     or more orders described in subparagraph (A) or (B) of more 
     than 90 consecutive days.
       ``(c) Qualified Reservist.--For purposes of this section--
       ``(1) In general.--The term `qualified reservist' means an 
     individual who is engaged in normal employment and is a 
     member of--
       ``(A) the National Guard (as defined by section 101(c)(1) 
     of title 10, United States Code), or
       ``(B) the Ready Reserve (as defined by section 10142 of 
     title 10, United States Code).
       ``(2) Normal employment.--The term `normal employment 
     duties' includes self-employment.
       ``(d) Disallowance With Respect to Persons Ordered to 
     Active Duty for Training.--No credit shall be allowed under 
     subsection (a) to a qualified reservist who is called or 
     ordered to active duty for any of the following types of 
     duty:
       ``(1) Active duty for training under any provision of title 
     10, United States Code.
       ``(2) Training at encampments, maneuvers, outdoor target 
     practice, or other exercises under chapter 5 of title 32, 
     United States Code.
       ``(3) Full-time National Guard duty, as defined in section 
     101(d)(5) of title 10, United States Code.
       ``(e) Credit Included in Gross Income.--Gross income 
     includes the amount of the credit allowed the taxpayer under 
     this section.''.
       (b) Conforming Amendments.--
       (1) Paragraph (2) of section 1324(b) of title 31, United 
     States Code, is amended by inserting before the period ``, or 
     from section 36 of such Code''.
       (2) The table of sections for subpart C of part IV of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     striking the last item and inserting the following new items:

``Sec. 36. Wage differential for activated reservists.
``Sec. 37. Overpayments of tax.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2004.
                                 ______
                                 
  SA 467. 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 202, strike lines 1 through 13.
                                 ______
                                 
  SA 468. 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 10 through 20 and insert the 
     following:

     108-199 is amended by striking all after ``made available'' 
     and substituting'', notwithstanding section 2218(c)(1) of 
     title 10,

[[Page S3845]]

     United States Code, for a grant to Philadelphia Regional Port 
     Authority, to be used solely for the purpose of construction, 
     by and for a Philadelphia-based company established to 
     operate high-speed, advanced-design vessels for the transport 
     of high-value, time-sensitive cargoes in the foreign commerce 
     of the United States, of a marine cargo terminal and IT 
     network for high-speed commercial vessels that is capable of 
     supporting military sealift requirements, and that in making 
     a grant to carry out this section, the Secretary of Defense 
     shall solicit applications from not fewer than 4 such 
     companies.
                                 ______
                                 
  SA 469. 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:

       Strike title IV and insert the following:

                 TITLE IV--INDIAN OCEAN TSUNAMI RELIEF

                               CHAPTER 1

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


               Procurement, Acquisition and Construction

       For an additional amount for ``Procurement, Acquisition and 
     Construction'', $10,170,000, to remain available until 
     September 30, 2008, for United States tsunami warning 
     capabilities: 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).

                               CHAPTER 2

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Navy

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $124,100,000: Provided, That the 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).

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $2,800,000: 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).

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $30,000,000: 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).

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $29,150,000: 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).

             Overseas Humanitarian, Disaster, and Civic Aid

       For an additional amount for ``Overseas Humanitarian, 
     Disaster, and Civic Aid'', $36,000,000, to remain available 
     until September 30, 2006: Provided, That the 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).

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $3,600,000 for Operation and maintenance: 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).

                                CHAPTER 3

                    DEPARTMENT OF HOMELAND SECURITY

                       UNITED STATES COAST GUARD

                           Operating Expenses

       For an additional amount for ``Operating Expenses'', 
     $350,000: 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).

                               CHAPTER 4

                  FUNDS APPROPRIATED TO THE PRESIDENT

                       OTHER BILATERAL ASSISTANCE

                Tsunami Recovery and Reconstruction Fund


                     (Including Transfers of Funds)

       For necessary expenses to carry out the Foreign Assistance 
     Act of 1961, for emergency relief, rehabilitation, and 
     reconstruction aid to countries affected by the tsunami and 
     earthquakes of December 2004 and March 2005, $304,370,000, to 
     remain available until September 30, 2006: Provided, That 
     these funds may be transferred by the Secretary of State to 
     Federal agencies or accounts for any activity authorized 
     under part I (including chapter 4 of part II) of the Foreign 
     Assistance Act, or under the Agricultural Trade Development 
     and Assistance Act of 1954, to accomplish the purposes 
     provided herein: Provided further, That upon a determination 
     that all or part of the funds so transferred from this 
     appropriation are not necessary for the purposes provided 
     herein, such amounts may be transferred back to this 
     appropriation: Provided further, That funds appropriated 
     under this heading may be used to reimburse fully accounts 
     administered by the United States Agency for International 
     Development for obligations incurred for the purposes 
     provided under this heading prior to enactment of this Act, 
     including Public Law 480 Title II grants: Provided further, 
     That of the amounts provided herein: up to $10,000,000 may be 
     transferred to and consolidated with ``Development Credit 
     Authority'' for the cost of direct loans and loan guarantees 
     as authorized by sections 256 and 635 of the Foreign 
     Assistance Act of 1961 in furtherance of the purposes of this 
     heading; up to $20,000,000 may be transferred to and 
     consolidated with ``Operating Expenses of the United States 
     Agency for International Development'', of which up to 
     $2,000,000 may be used for administrative expenses to carry 
     out credit programs administered by the United States Agency 
     for International Development in furtherance of the purposes 
     of this heading; up to $500,000 may be transferred to and 
     consolidated with ``Operating Expenses of the United States 
     Agency for International Development Office of Inspector 
     General''; and up to $5,000,000 may be transferred to and 
     consolidated with ``Emergencies in the Diplomatic and 
     Consular Service'' for the purpose of providing support 
     services for United States citizen victims and related 
     operations: Provided further, That of the funds appropriated 
     under this heading, not less than $5,000,000 shall be made 
     available for environmental recovery activities in Aceh, 
     Indonesia, to be administered by the United States Fish and 
     Wildlife Service: Provided further, That of the funds 
     appropriated under this heading, not less than $12,000,000 
     should be made available for programs to address the needs of 
     people with physical and mental disabilities resulting from 
     the tsunami: Provided further, That of the funds appropriated 
     under this heading, not less than $25,000,000 should be made 
     available for programs to prevent the spread of the Avian 
     flu: Provided further, That of the funds appropriated under 
     this heading, $1,500,000 shall be made available for 
     trafficking in persons monitoring and prevention programs and 
     activities in tsunami affected countries: 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).

                    GENERAL PROVISIONS, THIS CHAPTER


                           Annual Limitation

       Sec. 4501. Amounts made available pursuant to section 
     492(b) of the Foreign Assistance Act of 1961, as amended (22 
     U.S.C. 2292a), to address relief and rehabilitation needs for 
     countries affected by the Indian Ocean tsunami and 
     earthquakes of December 2004 and March 2005, prior to the 
     enactment of this Act, shall be in addition to the amount 
     that may be obligated in fiscal year 2005 under that section.


                         Authorization of Funds

       Sec. 4502. Funds appropriated by this chapter and chapter 2 
     of title II may be obligated and expended notwithstanding 
     section 15 of the State Department Basic Authorities Act of 
     1956, section 313 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995 (Public Law 103-236), section 10 
     of Public Law 91-672 (22 U.S.C. 2412), and section 504(a)(1) 
     of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
                                 ______
                                 
  SA 470. 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:

       Strike title II and insert the following:

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

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service


                     Public Law 480 Title II Grants

       For additional expenses during the current fiscal year, not 
     otherwise recoverable, and

[[Page S3846]]

     unrecovered prior years' costs, including interest thereon, 
     under the Agricultural Trade Development and Assistance Act 
     of 1954, for commodities supplied in connection with 
     dispositions abroad under title II of said Act, $58,791,560, 
     to remain available until expended: 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).

                               CHAPTER 2

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    Diplomatic and Consular Programs

       For an additional amount for ``Diplomatic and Consular 
     Programs'', $757,700,000, to remain available until September 
     30, 2006, of which $10,000,000 is provided for security 
     requirements in the detection of explosives: Provided, That 
     of the funds appropriated under this heading, not less than 
     $250,000 shall be made available for programs to assist Iraqi 
     and Afghan scholars who are in physical danger to travel to 
     the United States to engage in research or other scholarly 
     activities at American institutions of higher education: 
     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).


            Embassy Security, Construction, and Maintenance

       For an additional amount for ``Embassy Security, 
     Construction, and Maintenance'', $232,030,691, to remain 
     available until expended: 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).

              INTERNATIONAL ORGANIZATIONS AND CONFERENCES

        Contributions for International Peacekeeping Activities

       For an additional amount for ``Contributions for 
     International Peacekeeping Activities'', $680,000,000, to 
     remain available until September 30, 2006: 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).

                             RELATED AGENCY

                    BROADCASTING BOARD OF GOVERNORS

                 International Broadcasting Operations

       For an additional amount for ``International Broadcasting 
     Operations'' for activities related to broadcasting to the 
     broader Middle East, $4,800,000, to remain available until 
     September 30, 2006: Provided, That the 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).

                   Broadcasting Capital Improvements

       For an additional amount for ``Broadcasting Capital 
     Improvements'' for capital improvements related to 
     broadcasting to the broader Middle East, $2,500,000, to 
     remain available until September 30, 2006: 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).

                     BILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

              International Disaster and Famine Assistance

       For an additional amount for ``International Disaster and 
     Famine Assistance'', $17,245,524, to remain available until 
     expended, for emergency expenses related to the humanitarian 
     crisis in the Darfur region of Sudan: Provided, That these 
     funds may be used to reimburse fully accounts administered by 
     the United States Agency for International Development for 
     obligations incurred for the purposes provided under this 
     heading prior to enactment of this Act from funds 
     appropriated for foreign operations, export financing, and 
     related programs: 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).

                         Transition Initiatives

       For an additional amount for ``Transition Initiatives'', 
     $24,692,455, to remain available until expended, for 
     necessary international disaster rehabilitation and 
     reconstruction assistance pursuant to section 491 of the 
     Foreign Assistance Act of 1961, to support transition to 
     democracy and the long-term development of Sudan: Provided, 
     That such support may include assistance to develop, 
     strengthen, or preserve democratic institutions and 
     processes, revitalize basic infrastructure, and foster the 
     peaceful resolution of conflict: Provided further, That of 
     the funds appropriated under this heading, not less than 
     $2,500,000 shall be made available for criminal case 
     management, case tracking, and the reduction of pre-trial 
     detention in Haiti, notwithstanding any other provision of 
     law: 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).

   Operating Expenses of the United States Agency for International 
                              Development

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

   Operating Expenses of the United States Agency for International 
                Development Office of Inspector General

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

                  OTHER BILATERAL ECONOMIC ASSISTANCE

                         Economic Support Fund


                     (Including transfer of funds)

       For an additional amount for ``Economic Support Fund'', 
     $1,631,300,000, to remain available until September 30, 2006: 
     Provided, That of the funds appropriated under this heading, 
     $200,000,000 should be made available for programs, 
     activities, and efforts to support Palestinians, of which 
     $50,000,000 should be made available for assistance for 
     Israel to help ease the movement of Palestinian people and 
     goods in and out of Israel: Provided further, That of the 
     funds appropriated under this heading, not less than 
     $5,000,000 shall be made available for assistance for 
     displaced persons in Afghanistan: Provided further, That of 
     the funds appropriated under this heading, not less than 
     $5,000,000 should be made available to support Afghan women's 
     organizations that work to defend the legal rights of women 
     and to increase women's political participation: Provided 
     further, That of the funds appropriated under this heading, 
     up to $10,000,000 may be transferred to the Overseas Private 
     Investment Corporation for the cost of direct and guaranteed 
     loans as authorized by section 234 of the Foreign Assistance 
     Act of 1961: Provided further, That such costs, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974: 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).

    Assistance for the Independent States of the Former Soviet Union

       For an additional amount for ``Assistance for the 
     Independent States of the Former Soviet Union'' for 
     assistance to Ukraine, $70,000,000, to remain available until 
     September 30, 2006: Provided, That of the funds appropriated 
     under this heading, $5,000,000 shall be made available for 
     democracy programs in Belarus, which shall be administered by 
     the Bureau of Democracy, Human Rights and Labor, Department 
     of State: Provided further, That of the funds appropriated 
     under this heading, not less than $5,000,000 shall be made 
     available through the United States Agency for International 
     Development for humanitarian, conflict mitigation, and other 
     relief and recovery assistance for needy families and 
     communities in Chechnya, Ingushetia and elsewhere in the 
     North Caucasus: 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).

                          DEPARTMENT OF STATE

          International Narcotics Control and Law Enforcement


                     (Including Transfer of Funds)

       For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $258,682,864, to remain 
     available until September 30, 2007, of which up to 
     $46,000,000 may be transferred to and merged with ``Economic 
     Support Fund'' if the Secretary of State, after consultation 
     with the Committees on Appropriations, determines that this 
     transfer is the most effective and timely use of resources to 
     carry out counternarcotics and reconstruction programs: 
     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).

                    Migration and Refugee Assistance

       For an additional amount for ``Migration and Refugee 
     Assistance'', $108,400,000, to remain available until 
     September 30, 2006: Provided, That of the funds appropriated 
     under this heading, not less than $55,000,000 shall be made 
     available for assistance for refugees in Africa and to 
     fulfill refugee protection goals set by the President for 
     fiscal year 2005: 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).

[[Page S3847]]

    Nonproliferation, Anti-Terrorism, Demining and Related Programs

       For an additional amount for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'', $22,979,156, to 
     remain available until September 30, 2006, of which not to 
     exceed $5,879,156, to remain available until expended, may be 
     made available for the Nonproliferation and Disarmament Fund, 
     notwithstanding any other provision of law, to promote 
     bilateral and multilateral activities relating to 
     nonproliferation and disarmament: 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).

                  FUNDS APPROPRIATED TO THE PRESIDENT

                       OTHER BILATERAL ASSISTANCE

                   Global War on Terror Partners Fund


                     (including transfer of funds)

       For necessary expenses to carry out the purposes of the 
     Foreign Assistance Act of 1961 for responding to urgent 
     economic support requirements in countries supporting the 
     United States in the Global War on Terror, $15,677,749, to 
     remain available until expended: Provided, That these funds 
     may be used only pursuant to a determination by the 
     President, and after consultation with the Committees on 
     Appropriations, that such use will support the global war on 
     terrorism to furnish economic assistance to partners on such 
     terms and conditions as he may determine for such purposes, 
     including funds on a grant basis as a cash transfer: Provided 
     further, That funds made available under this heading may be 
     transferred by the Secretary of State to other Federal 
     agencies or accounts to carry out the purposes under this 
     heading: Provided further, That upon a determination that all 
     or part of the funds so transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation: 
     Provided further, That funds appropriated under this heading 
     shall be considered to be economic assistance under the 
     Foreign Assistance Act of 1961 for purposes of making 
     available the administrative authorities contained in the Act 
     for the use of economic assistance: Provided further, That 
     funds appropriated under this heading shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations, except that such notifications shall be 
     submitted no less than five days prior to the obligation of 
     funds: 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).

                          MILITARY ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

                   Foreign Military Financing Program

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

                        Peacekeeping Operations

       For an additional amount for ``Peacekeeping Operations'', 
     $210,000,000, to remain available until September 30, 2006, 
     of which $200,000,000 is for military and other security 
     assistance to coalition partners in Iraq and Afghanistan: 
     Provided, That funds appropriated under this heading shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations, except that such notifications 
     shall be submitted no less than five days prior to the 
     obligation of funds: 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).

                    GENERAL PROVISIONS, THIS CHAPTER


                         Voluntary Contribution

       Sec. 2101. Section 307(a) of the Foreign Assistance Act of 
     1961, as amended (22 U.S.C. 2227), is further amended by 
     striking ``Iraq,''.


                         Reporting Requirement

       Sec. 2102. Not later than 60 days after the date of 
     enactment of this Act, the President shall submit a report to 
     the Congress detailing: (1) information regarding the 
     Palestinian security services, including their numbers, 
     accountability, and chains of command, and steps taken to 
     purge from their ranks individuals with ties to terrorist 
     entities; (2) specific steps taken by the Palestinian 
     Authority to dismantle the terrorist infrastructure, 
     confiscate unauthorized weapons, arrest and bring terrorists 
     to justice, destroy unauthorized arms factories, thwart and 
     preempt terrorist attacks, and cooperate with Israel's 
     security services; (3) specific actions taken by the 
     Palestinian Authority to stop incitement in Palestinian 
     Authority-controlled electronic and print media and in 
     schools, mosques, and other institutions it controls, and to 
     promote peace and coexistence with Israel; (4) specific steps 
     the Palestinian Authority has taken to ensure democracy, the 
     rule of law, and an independent judiciary, and transparent 
     and accountable governance; (5) the Palestinian Authority's 
     cooperation with United States officials in investigations 
     into the late Palestinian leader Yasser Arafat's finances; 
     and (6) the amount of assistance pledged and actually 
     provided to the Palestinian Authority by other donors: 
     Provided, That not later than 180 days after enactment of 
     this Act, the President shall submit to the Congress an 
     update of this report: Provided further, That up to 
     $5,000,000 of the funds made available for assistance for the 
     West Bank and Gaza by this chapter under ``Economic Support 
     Fund'' shall be used for an outside, independent evaluation 
     by an internationally recognized accounting firm of the 
     transparency and accountability of Palestinian Authority 
     accounting procedures and an audit of expenditures by the 
     Palestinian Authority.


                         (Rescission of Funds)

       Sec. 2103. The unexpended balance appropriated by Public 
     Law 108-11 under the heading ``Economic Support Fund'' and 
     made available for Turkey is rescinded.


                          DEMOCRACY EXCEPTION

       Sec. 2104. Funds appropriated for fiscal year 2005 under 
     the heading ``Economic Support Fund'' may be made available 
     for democracy and rule of law programs and activities, 
     notwithstanding the provisions of section 574 of division D 
     of Public Law 108-447.
                                 ______
                                 
  SA 471. 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 172, strike ``$592,000,000'' and insert 
     ``$106,000,000''.
                                 ______
                                 
  SA 472. 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. 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.
                                 ______
                                 
  SA 473. Mr. COCHRAN 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:

       On page 231, between lines 3 and 4, insert the following:
       Sec. 6047. None of the funds made available by this or any 
     other Act may be used to deny the provision of assistance 
     under section 310B(a)(1) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1932(a)(1)) solely due to the 
     failure of the Secretary of Labor to respond to a request to 
     certify assistance within the time period specified in 
     section 310B(d)(4) of that Act.
                                 ______
                                 
  SA 474. 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

[[Page S3848]]

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 157, strike line 17 and all that follows through 
     page 158, line 19, and insert the following:
       (e) Spousal Notification.--Section 1967(a)(3)(B) of title 
     38, United States Code, is amended--
       (1) by inserting ``(i)'' after ``(B)''; and
       (2) by adding at the end the following:
       ``(ii) The Secretary shall make a good-faith effort to 
     notify the spouse of a member if the member elects to--
       ``(I) change the amount of insurance coverage under this 
     subsection; or
       ``(II) add a beneficiary other than the spouse.
       ``(iii) The failure of the Secretary to provide timely 
     notification under clause (ii) shall not affect the validity 
     of an election by the member.
       ``(iv) If a servicemember marries or remarries after making 
     an election under clause (ii), the Secretary is not required 
     to notify the spouse of such election. Elections made after 
     marriage or remarriage are subject to the notice requirement 
     under clause (ii)''.
                                 ______
                                 
  SA 475. 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:

       On page 231, between lines 3 and 4, insert the following:
       On page 231, between lines 3 and 4, insert the following:
       Sec. 6047. (a) Notwithstanding any other provision of this 
     Act, beginning in fiscal year 2005 and thereafter, none of 
     the funds made available by this 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 this Act, 
     beginning in fiscal year 2005 and thereafter, none of the 
     funds made available by this 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 this Act, 
     beginning in fiscal year 2005 and thereafter, none of the 
     funds made available by this 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 476. 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 198, between lines 21 and 22, insert the following:
       Sec. 5134. Of the amount provided to the Secretary of 
     Agriculture under the Consolidated Appropriations Act, 2005 
     (Public Law 108-447) for the Lost River Watershed project, 
     West Virginia, $4,000,000 shall be transferred to the Upper 
     Tygart Watershed project, West Virginia, to be used under the 
     same terms and conditions under which funds for that project 
     were appropriated in section 735 of the Consolidated 
     Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 36).
                                 ______
                                 
  SA 477. Mr. CONRAD 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. FLOODED CROP AND GRAZING LAND.

       (a) In General.--The Secretary of Agriculture shall 
     compensate eligible owners of flooded crop and grazing land 
     in--
       (1) the Devils Lake basin; and
       (2) the McHugh, Lake Laretta, and Rose Lake closed drainage 
     areas of the State of North Dakota.
       (b) Eligibility.--
       (1) In general.--To be eligible to receive compensation 
     under this section, an owner shall own land described in 
     subsection (a) that, during the 2 crop years preceding 
     receipt of compensation, was rendered incapable of use for 
     the production of an agricultural commodity or for grazing 
     purposes (in a manner consistent with the historical use of 
     the land) as the result of flooding, as determined by the 
     Secretary.
       (2) Inclusions.--Land described in paragraph (1) shall 
     include--
       (A) land that has been flooded;
       (B) land that has been rendered inaccessible due to 
     flooding; and
       (C) a reasonable buffer strip adjoining the flooded land, 
     as determined by the Secretary.
       (3) Administration.--The Secretary may establish--
       (A) reasonable minimum acreage levels for individual 
     parcels of land for which owners may receive compensation 
     under this section; and
       (B) the location and area of adjoining flooded land for 
     which owners may receive compensation under this section.
       (c) Sign-Up.--The Secretary shall establish a sign-up 
     program for eligible owners to apply for compensation from 
     the Secretary under this section.
       (d) Compensation Payments.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     rate of an annual compensation payment under this section 
     shall be equal to 90 percent of the average annual per acre 
     rental payment rate (at the time of entry into the contract) 
     for comparable crop or grazing land that has not been flooded 
     and remains in production in the county where the flooded 
     land is located, as determined by the Secretary.
       (2) Reduction.--An annual compensation payment under this 
     section shall be reduced by the amount of any conservation 
     program rental payments or Federal agricultural commodity 
     program payments received by the owner for the land during 
     any crop year for which compensation is received under this 
     section.
       (3) Exclusion.--During any year in which an owner receives 
     compensation for flooded land under this section, the owner 
     shall not be eligible to participate in or receive benefits 
     for the flooded land under--
       (A) the Federal crop insurance program established under 
     the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);
       (B) the noninsured crop assistance program established 
     under section 196 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 7333); or
       (C) any Federal agricultural crop disaster assistance 
     program.
       (e) Relationship to Agricultural Commodity Programs.--The 
     Secretary, by regulation, shall provide for the preservation 
     of cropland base, allotment history, and payment yields 
     applicable to land described in subsection (a) that was 
     rendered incapable of use for the production of an 
     agricultural commodity or for grazing purposes as the result 
     of flooding.
       (f) Use of Land.--
       (1) In general.--An owner that receives compensation under 
     this section for flooded land shall take such actions as are 
     necessary to not degrade any wildlife habitat on the land 
     that has naturally developed as a result of the flooding.
       (2) Recreational activities.--To encourage owners that 
     receive compensation for flooded land to allow public access 
     to and use of the land for recreational activities, as 
     determined by the Secretary, the Secretary may--
       (A) offer an eligible owner additional compensation; and
       (B) provide compensation for additional acreage under this 
     section.
       (g) Funding.--
       (1) In general.--There is appropriated, out of any money in 
     the Treasury not otherwise

[[Page S3849]]

     appropriated, to carry out this section $20,000,000 for 
     fiscal year 2005, to remain available until expended: 
     Provided, That the amounts made available by the transfer of 
     funds in or pursuant to this section are designated as an 
     emergency requirement pursuant to section 402 of the 
     conference report to accompany S. Con. Res. 95 (108th 
     Congress).
       (2) Pro-rated payments.--In a case in which the amount made 
     available under paragraph (1) for a fiscal year is 
     insufficient to compensate all eligible owners under this 
     section, the Secretary shall pro-rate payments for that 
     fiscal year on a per acre basis.
                                 ______
                                 
  SA 478. 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 201, after line 23, insert the following:


                         INDIAN HEALTH SERVICE

       Sec. 5301. (a) In this section, the term ``critical access 
     facility'' means a comprehensive ambulatory care center that 
     provides services on a regional basis to Native Americans in 
     Albuquerque, New Mexico, and surrounding areas.
       (b) The Albuquerque Indian Health Center (also known as the 
     ``Albuquerque Indian Hospital'') is designated as a critical 
     access facility.
       (c) There is authorized to be appropriated for the 
     Albuquerque Indian Health Center $8,000,000 for fiscal year 
     2006.
                                 ______
                                 
  SA 479. 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 169, between lines 8 and 9, insert the following:


          assistance programs for members of the army reserve

       Sec. 1122. (a) Additional Amount for Operation and 
     Maintenance, Army Reserve.--The amount appropriated by this 
     chapter under the heading ``Operation and Maintenance, Army 
     Reserve'' is hereby increased by $34,000,000, 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 
     ``Operation and Maintenance, Army Reserve'', as increased by 
     subsection (a), $34,000,000 shall be available for assistance 
     programs for members of the Army Reserve as follows:
       (1) $17,600,000 shall be available for tuition assistance 
     programs as authorized by law.
       (2) $4,300,000 shall be available for the welcome home 
     warrior-citizen program.
       (3) $6,500,000 shall be available for the conduct of 
     marriage workshops to assist members of the Army Reserve.
       (4) $5,600,000 shall be available for family programs.
                                 ______
                                 
  SA 480. 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 169, between lines 8 and 9, insert the following:


            tuition assistance programs of the army reserve

       Sec. 1122. (a) Additional Amount for Operation and 
     Maintenance, Army Reserve.--The amount appropriated by this 
     chapter under the heading ``Operation and Maintenance, Army 
     Reserve'' is hereby increased by $17,600,000, 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 
     ``Operation and Maintenance, Army Reserve'', as increased by 
     subsection (a), $17,600,000 shall be available for tuition 
     assistance programs for members of the Army Reserve as 
     authorized by law.
                                 ______
                                 
  SA 481. Mrs. LINCOLN (for herself and Mr. Pryor) 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; as follows:

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


         accumulation of leave by members of the national guard

       Sec. 1122. Section 701(a) of title 10, United States Code, 
     is amended by adding at the end the following new sentence: 
     ``In the case of a member of the Army National Guard of the 
     United States or the Air National Guard of the United States 
     who serves on active duty for more than 179 consecutive days, 
     full-time training or other full-time duty performed by such 
     member during the 5-year period ending on the 180th day of 
     such service under a provision of law referred to in the 
     preceding sentence, while such member was in the status as a 
     member of the National Guard, and for which such member was 
     entitled to pay, is active service for the purposes of this 
     section.''.
                                 ______
                                 
  SA 482. Mrs. LINCOLN 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:


report on implementation of post deployment stand-down program by army 
                             national guard

       Sec. 1122. Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of the Army shall submit 
     to the congressional defense committees a report containing 
     the assessment of the Secretary of the feasibility and 
     advisability of implementing for the Army National Guard a 
     program similar to the Post Deployment Stand-Down Program of 
     the Air National Guard. The Secretary of the Army shall 
     prepare the assessment in consultation with the Secretary of 
     the Air Force.
                                 ______
                                 
  SA 483. 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; as 
follows:

       On page 202, strike line 24, and insert ``$65,000,000, to 
     remain available until September 30, 2006, of which 
     $5,000,000 shall be made available for costs associated with 
     increases in immigration-related filings in district courts 
     near the southwestern border of the United States:''.
                                 ______
                                 
  SA 484. Mr. SCHUMER 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

[[Page S3850]]

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 152, line 2, strike `` `$43,000,000' '' and insert 
     `` `$75,000,000': Provided, That the Secretary of Defense is 
     encouraged in the consideration of the use of such amount to 
     give priority to the procurement of man-portable air defense 
     (MANPAD) systems''.
                                 ______
                                 
  SA 485. Mr. DAYTON 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:


 SENSE OF CONGRESS ON MEMBERSHIP OF ISRAEL IN THE WESTERN EUROPEAN AND 
                   OTHERS GROUP AT THE UNITED NATIONS

       Sec. 6047. (a) Congress makes the following findings:
       (1) The election of member states of the United Nations to 
     the major bodies of the United Nations is determined by 
     groups organized within the United Nations, most of which are 
     organized on a regional basis.
       (2) Israel has been refused admission to the group 
     comprised of member states from the Asian geographical region 
     of the United Nations and is the only member state of the 
     United Nations that remains outside its appropriate 
     geographical region, and is thus denied full participation in 
     the day-to-day work of the United Nations.
       (3) On May 30, 2000, Israel accepted an invitation to 
     become a temporary member of the Western European and Others 
     Group of the United Nations.
       (4) On May 21, 2004, Israel's membership to the Western 
     European and Others Group was extended indefinitely.
       (5) Israel is only allowed to participate in limited 
     activities of the Western European and Others Group in the 
     New York office of the United Nations, is excluded from 
     discussions and consultations of the Group at the United 
     Nations offices in Geneva, Nairobi, Rome, and Vienna, and, 
     may not participate in United Nations conferences on human 
     rights, racism, or other issues held in such locations.
       (6) Membership in the Western European and Others Group 
     includes the non-European countries of Canada, Australia, and 
     the United States.
       (7) Israel is linked to the member states of the Western 
     European and Others Group by strong economic, political, and 
     cultural ties.
       (8) The Western European and Others Group, the only 
     regional group of the United Nations that is not purely 
     geographical, is comprised of countries that share a western 
     democratic tradition.
       (9) Israel is a free and democratic country and its voting 
     pattern in the United Nations is consistent with that of the 
     member states of the Western European and Others Group.
       (b) It is the sense of Congress that--
       (1) the President should direct the United States Permanent 
     Representative to the United Nations to seek an immediate end 
     to the persistent and deplorable inequality experienced by 
     Israel in the United Nations;
       (2) Israel should be afforded the benefits of full 
     membership in the Western European and Others Group at the 
     United Nations and such membership would permit Israel to 
     participate fully in the United Nations system and would 
     serve the interests of the United States; and
       (3) the Secretary should submit to Congress, on a regular 
     basis, a report that describes actions taken by the United 
     States Government to encourage the member states of the 
     Western European and Others Group to accept Israel as a full 
     member of such Group and the responses of such member states 
     to those actions.
                                 ______
                                 
  SA 486. Mr. DOLE (for herself and Mr. Burr) 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 DEFENSE

                Manteo (Shallowbag) Bay, North Carolina


                       OPERATIONS AND MAINTENANCE

       For an additional amount to the Secretary of the Army, 
     acting through the Chief of Engineers, for activities of the 
     Corps of Engineers at Manteo (Shallowbag) Bay, North 
     Carolina, $6,500,000, 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 487. Mr. ENSIGN 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 191, after line 25, insert the following:

                     CUSTOMS AND BORDER PROTECTION

                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', for 
     hiring border patrol agents, $105,451,000: 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).

                              Construction

       For an additional amount for ``Construction'', $41,500,000, 
     to remain available until expended: 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).

                          Reduction in Funding

       The amount appropriated by title II for ``Contributions to 
     International Peacekeeping Activities'' is hereby reduced by 
     $146,951,000 and the total amount appropriated by title II is 
     hereby reduced by $146,951,000.
                                 ______
                                 
  SA 488. Mr. McCONNELL 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, line 23 after the period insert the following:


                          CANDIDATE COUNTRIES

       Sec. __. Section 616(b)(1) of the Millennium Challenge Act 
     of 2003 (Public Law 108-199) is amended--
       (1) by striking ``subparagraphs (A) and (B) of section 
     606(a)(1)''; and,
       (2) inserting in lieu thereof ``subsection (a) or (b) of 
     section 606''.
                                 ______
                                 
  SA 489. 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 194, line 9, after the colon insert the following:

       Provided further, That of the funds appropriated under this 
     heading, not less than $10,000,000 shall be made available 
     for programs and activities which create new economic 
     opportunities for women:
                                 ______
                                 
  SA 490. Mr. LEAHY 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

[[Page S3851]]

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 in the bill, insert the following:


                      PROTECTION OF THE GALAPAGOS

       Sec.   . (a) Findings.--The Senate makes the following 
     findings--
       (1) The Galapagos Islands are a global treasure and World 
     Heritage Site, and the future of the Galapagos is in the 
     hands of the Government of Ecuador;
       (2) The world depends on the Government of Ecuador to 
     implement the necessary policies and programs to ensure the 
     long term protection of the biodiversity of the Galapagos, 
     including enforcing the Galapagos Special Law;
       (3) There are concerns with the current leadership of the 
     Galapagos National Park Service and that the biodiversity of 
     the Galapagos and the Marine Reserve are not being properly 
     managed or adequately protected; and
       (4) The Government of Ecuador has reportedly given 
     preliminary approval for commercial airplane flights to the 
     Island of Isabela, which may cause irreparable harm to the 
     biodiversity of the Galapagos, and has allowed the export of 
     fins from sharks caught accidentally in the Marine Reserve, 
     which encourages illegal fishing.
       (b) Whereas, now therefore, be it
       Resolved, That--
       (1) the Senate strongly encourages the Government of 
     Ecuador to--
       (A) refrain from taking any action that could cause harm to 
     the biodiversity of the Galapagos or encourage illegal 
     fishing in the Marine Reserve;
       (B) abide by the agreement to select the Directorship of 
     the Galapagos National Park Service though a transparent 
     process based on merit as previously agreed by the Government 
     of Ecuador, international donors, and nongovernmental 
     organizations; and
       (C) enforce the Galapagos Special Law in its entirety, 
     including the governance structure defined by the law to 
     ensure effective control of migration to the Galapagos and 
     sustainable fishing practices, and prohibit long-line fishing 
     which threatens the survival of shark and marine turtle 
     populations.
       (2) The Department of State should--
       (A) emphasize to the Government of Ecuador the importance 
     the United States gives to these issues; and
       (B) offer assistance to implement the necessary policies 
     and programs to ensure the long term protection of the 
     biodiversity of the Galapagos and the Marine Reserve and to 
     sustain the livelihoods of the Galapagos population who 
     depend on the marine ecosystem for survival.
                                 ______
                                 
  SA 491. McCONNELL 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:

       On page 194, line 19 after the colon insert the following:
       Provided further, That the President is hereby authorized 
     to defer and reschedule for such period as he may deem 
     appropriate any amounts owed to the United States or any 
     agency of the United States by those countries significantly 
     affected by the tsunami and earthquakes of December 2004, 
     including the Republic of Indonesia, the Republic of Maldives 
     and the Democratic Socialist Republic of Sri Lanka: Provided 
     further, That of the funds appropriated under this heading, 
     up to $45,000,000 may be made available for the modification 
     costs, as defined in section 502 of the Congressional Budget 
     Act of 1974, if any, associated with any deferral and 
     rescheduling authorized under this heading: Provided further, 
     That such amounts shall not be considered ``assistance'' for 
     the purposes of provisions of law limiting assistance to any 
     such affected country:
                                 ______
                                 
  SA 492. Mr. LEAHY 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 in the bill, insert the following:


                                 nepal

       Sec. (a) Findings.--The Senate makes the following 
     findings--
       That, on February 1, 2005, Nepal's King Gyanendra dissolved 
     the multi-party government, suspended constitutional 
     liberties, and arrested political party leaders, human rights 
     activists and representatives of civil society organizations.
       That, despite condemnation of the King's actions and the 
     suspension of military aid to Nepal by India and Great 
     Britain, and similar steps by the United States, the King has 
     refused to restore constitutional liberties and democracy.
       That, there are concerns that the King's actions will 
     strengthen Nepal's Maoist Insurgency.
       That, while some political leaders have been released from 
     custody, there have been new arrests of human rights 
     activists and representatives of other civil society 
     organizations.
       That, the King has thwarted efforts of members of the 
     National Human Rights Commission to conduct monitoring 
     activities, but recently agreed to permit the United Nations 
     High Commissioner for Human Rights to open an office in 
     Katmandu to monitor and investigate violations.
       That, the Maoists have committed atrocities agamst 
     civilians and poses a threat to democracy in Nepal.
       That, the Nepalese Army has also committed gross violations 
     of human rights.
       That, King Gyanendra has said that he intends to pursue a 
     military strategy against the Maoists.
       That, Nepal needs an effective military strategy to counter 
     the Maoists and pressure ry them to negotiate an end to the 
     conflict, but such a strategy must include the Nepalese 
     Anny's respect for the human rights and dignity of the 
     Nepalese people.
       That, an effective strategy to counter the Maoists also 
     requires a political process that is inclusive and democratic 
     in which constitutional rights are protected, and government 
     policies that improve the lives of the Nepalese people.
       (b) Now therefore, be it
       Resolved, that it is the Sense of the Senate that King 
     Gyanendra should immediately release all political detainees, 
     restore constitutional liberties, and undertake good faith 
     negotiations with the leaders of Nepal's political parties to 
     restore democracy.
                                 ______
                                 
  SA 493. Mr. LEAHY 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 176, line 12, after the colon insert the following:
       Provided further, That of the funds appropriated under this 
     heading, not less than $5,000,000 shall be made available for 
     assistance for families and communities of Afghan civilians 
     who have suffered losses as a result of the military 
     operations:
       On page 183, line 23, add the following new section:


                  MARLA RUZICKA IRAQI WAR VICTIMS FUND

       Sec.  . Of the funds appropriated by chapter 2 of title II 
     of PL 108-106 under the heading ``Iraq Relief and 
     Reconstruction Fund'', not less than $30,000,000 shall be 
     made available for assistance for families and communities of 
     Iraqi civilians who have suffered losses as a result of the 
     military operations: Provided, That such assistance shall be 
     designated as the ``Marla Ruzicka Iraqi War Victims Fund''.
                                 ______
                                 
  SA 494. Mr. BIDEN 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:


      REPORTING REQUIREMENTS ON SPENDING ON RECONSTRUCTION IN IRAQ

       Sec. 6047. (a) Subsection (a) of section 2207 of the 
     Emergency Supplemental Appropriations Act for Defense and for 
     the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 
     108-106; 22 U.S.C. 2151 note) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``the Committees on Appropriations'' and inserting ``the 
     Committee on Appropriations, the Committee on Armed Services, 
     and the Committee on Foreign Relations of the Senate, and the 
     Committee on

[[Page S3852]]

     Appropriations, the Committee on Armed Services, and the 
     Committee on International Relations of the House of 
     Representatives, and make available to the public on the 
     Department of State's website''; and
       (2) by inserting after paragraph (4) the following new 
     paragraphs:
       ``(5) The number and costs of projects started and 
     completed by governorate and sector, and a list of projects 
     expected to be completed within the next quarter.
       ``(6) A strategy for using reconstruction funds to develop 
     Iraq's governing capacity, including--
       ``(A) a description of the governing capacity of the Iraqi 
     government ministries, the standards used to measure that 
     capacity, and how reconstruction funds are helping to develop 
     that capacity;
       ``(B) a description of how projects will lead to material 
     benefits to the Iraqi people;
       ``(C) the proportion of reconstruction funds, by sector, 
     spent on training Iraqi civil servants and public sector 
     employees;
       ``(D) a description of the training curricula and goals;
       ``(E) the number of Iraqi civil servants and public sector 
     employees receiving training, including technical, financial 
     or managerial training; and
       ``(F) the efforts made to reduce corruption in the 
     performance of these funds and in the Iraqi government 
     ministries.
       ``(7) Information on employment created using such funds, 
     including--
       ``(A) the average number of Iraqi citizens employed, by 
     governorate, during the preceding 3 months;
       ``(B) the average number of United States citizens employed 
     during the preceding 3 months;
       ``(C) the average number of citizens of other countries 
     employed during the preceding 3 months;
       ``(D) the proportion of total salary payments to Iraqi 
     citizens during the preceding 3 months; and
       ``(E) the proportion and value of subcontracts awarded to 
     Iraqi firms, by sector.
       ``(8) Data on reconstruction spending by governorate, 
     including a description of the role of municipal or local 
     councils and provincial governments in determining 
     reconstruction priorities and the proportion of funds 
     programmed in direct consultation with such institutions.
       ``(9) The costs of security in the use of such funds, 
     including--
       ``(A) security subcontractor costs and physical and ongoing 
     security costs;
       ``(B) indirect costs, such as construction delays lost to 
     security concerns;
       ``(C) insurance costs; and
       ``(D) the extent to which insurgent activity has resulted 
     in projects requiring additional reconstruction.
       ``(10) The status of international reconstruction 
     assistance to Iraq and how such assistance is coordinated 
     with United States efforts.
       ``(11) Estimates of public and private debt owed by the 
     Government of Iraq, disaggregated by lender country, and 
     efforts made to reduce such debt.''.
       (b) Subsection (c) of such section is amended by striking 
     ``the Committees on Appropriations'' and inserting ``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''.
       (c) Subsection (d) of such section is amended by striking 
     ``on October 1, 2007'' and inserting ``90 days after the date 
     on which 100 percent of the funds described in this section 
     are expended''.
       (d) Such section is further amended by adding at the end 
     the following new subsections:
       ``(e) The Administrator of the United States Agency for 
     International Development shall work with the government of 
     Iraq to conduct and include in each report or update 
     submitted under this section, a quarterly standardized 
     household survey, with a representative sample at the 
     provincial level in Iraq, to assess the availability and 
     access to certain essential services in Iraq, including, at a 
     minimum, the following services:
       ``(1) Health services.
       ``(2) Education.
       ``(3) Electricity.
       ``(4) Potable water.
       ``(5) Sewage.
       ``(6) Solid waste removal.
       ``(7) Law enforcement.
       ``(8) Transportation.
       ``(9) Communications.
       ``(f) The Secretary of State shall have each report or 
     update submitted under this section translated into Arabic, 
     posted on the website of the United States embassy in 
     Baghdad, and made available to the Government of Iraq.''.
                                 ______
                                 
  SA 495. Mrs. BOXER 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. --. (a) Additional Amount for Other Procurement, 
     Army.--The amount appropriated 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 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 496. Mr. REID 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. __. TECHNICAL CORRECTION TO THE MEDICARE HEALTH CARE 
                   INFRASTRUCTURE IMPROVEMENT PROGRAM.

       (a) In General.--Section 1897(c) of the Social Security Act 
     (42 U.S.C. 1395hhh(c)) is amended--
       (1) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``or an entity described in paragraph (3)'' after ``means a 
     hospital''; and
       (B) in subparagraph (B)--
       (i) by inserting ``legislature'' after ``State'' the first 
     place it appears; and
       (ii) by inserting ``and such designation by the State 
     legislature occurred prior to December 8, 2003'' before the 
     period at the end; and
       (2) by adding at the end the following new paragraph:
       ``(3) Entity described.--An entity described in this 
     paragraph is an entity that--
       ``(A) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Code;
       ``(B) has at least 1 existing memorandum of understanding 
     or affiliation agreement with a hospital located in the State 
     in which the entity is located; and
       ``(C) retains clinical outpatient treatment for cancer on 
     site as well as lab research and education and outreach for 
     cancer in the same facility.''.
       (b) Limitation on Review.--Section 1897 of the Social 
     Security Act (42 U.S.C. 1395hhh(c)) is amended by adding at 
     the end the following new subsection:
       ``(i) Limitation on Review.--There shall be no 
     administrative or judicial review of any determination made 
     by the Secretary under this section.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of section 
     1016 of the Medicare Prescription Drug, Improvement, and 
     Modernization Act of 2003 (Public Law 108-173; 117 Stat. 
     2447).
                                 ______
                                 
  SA 497. Ms. MIKULSKI (for herself and Mr. Corzine) submitted an 
amendment intended to be proposed by her to the bill H.R. 1298, to 
amend title XVIII of the Social Security Act to improve the benefits 
under the Medicare Program for beneficiaries with kidney disease, and 
for other purposes; which was ordered to lie on the table; as follows:
       On page 162, between lines 22 and 23, insert the following:
       (5) Treatment.--Any payment made under this subsection 
     shall be treated as a payment of a death gratuity payable 
     under chapter 75 of title 10, United States Code.
                                 ______
                                 
  SA 498. Mr. WARNER (for himself, Mr. Nelson of Florida, Mr. Allen, 
and Mr. Talent) 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

[[Page S3853]]

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

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


                     aircraft carriers of the navy

       Sec. 1122. (a) Funding for Repair and Maintenance of U.S.S. 
     John F. Kennedy.--Of the amount appropriated to the 
     Department of the Navy by this Act, necessary funding will be 
     made available for such repair and maintenance of the U.S.S. 
     John F. Kennedy as the Navy considers appropriate to extend 
     the life of U.S.S. John F. Kennedy.
       (b) Limitation on Reduction in Number of Active Aircraft 
     Carriers.--No funds appropriated or otherwise made available 
     by this Act may be obligated or expended to reduce the number 
     of active aircraft carriers of the Navy below 12 active 
     aircraft carriers until the later of the following:
       (1) The date that is 180 days after the date of the 
     submittal to Congress of the quadrennial defense review 
     required in 2005 under section 118 of title 10, United States 
     Code.
       (2) The date on which the Secretary of Defense, in 
     consultation with the Chairman of the Joint Chiefs of Staff, 
     certifies to Congress that such agreements have been entered 
     into to provide port facilities for the permanent forward 
     deployment of such numbers of aircraft carriers as are 
     necessary in the Pacific Command Area of Responsibility to 
     fulfill the roles and missions of that Command, including 
     agreements for the forward deployment of a nuclear aircraft 
     carrier after the retirement of the current two conventional 
     aircraft carriers.
       (c) Active Aircraft Carriers.--For purposes of this 
     section, an active aircraft carrier of the Navy includes an 
     aircraft carrier that is temporarily unavailable for 
     worldwide deployment due to routing or scheduled maintenance.
                                 ______
                                 
  SA 499. Mr. WARNER (for himself, Mr. Nelson of Florida, Mr. Allen, 
Mr. Talent, Ms. Collins, 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; as follows:

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


                     aircraft carriers of the navy

       Sec. 1122. (a) Funding for Repair and Maintenance of U.S.S. 
     John F. Kennedy.--Of the amount appropriated to the 
     Department of the Navy by this Act, and by the Department of 
     Defense Appropriations Act, 2005 (Public Law 108-287; 118 
     Stat. 954), an aggregate of $288,000,000 may be available 
     only for repair and maintenance of the U.S.S. John F. 
     Kennedy, and available to conduct such repair and maintenance 
     of the U.S.S. John F. Kennedy as the Navy considers 
     appropriate to extend the life of U.S.S. John F. Kennedy.
       (b) Limitation on Reduction in Number of Active Aircraft 
     Carriers.--No funds appropriated or otherwise made available 
     by this Act, or any other Act, may be obligated or expended 
     to reduce the number of active aircraft carriers of the Navy 
     below 12 active aircraft carriers until the later of the 
     following:
       (1) The date that is 180 days after the date of the 
     submittal to Congress of the quadrennial defense review 
     required in 2005 under section 118 of title 10, United States 
     Code.
       (2) The date on which the Secretary of Defense, in 
     consultation with the Chairman of the Joint Chiefs of Staff, 
     certifies to Congress that such agreements have been entered 
     into to provide port facilities for the permanent forward 
     deployment of such numbers of aircraft carriers as are 
     necessary in the Pacific Command Area of Responsibility to 
     fulfill the roles and missions of that Command, including 
     agreements for the forward deployment of a nuclear aircraft 
     carrier after the retirement of the current two conventional 
     aircraft carriers.
       (c) Active Aircraft Carriers.--For purposes of this 
     section, an active aircraft carrier of the Navy includes an 
     aircraft carrier that is temporarily unavailable for 
     worldwide deployment due to routing or scheduled maintenance.
                                 ______
                                 
  SA 500. Mrs. HUTCHISON 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 204, between lines 4 and 5, insert the following:

                               CHAPTER 5

                         DEPARTMENT OF DEFENSE

              Houston-Galveston Navigation Channels, Texas


                              CONSTRUCTION

       For an additional amount to the Secretary of the Army, 
     acting through the Chief of Engineers, for construction at 
     the Houston-Galveston Navigation Channels, Texas, 
     $10,000,000, 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 501. Mr. DODD 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 203, between lines 17 and 18, insert the following:

                               CHAPTER __

                            ELECTION REFORM

                     Election Assistance Commission


                        Election Reform Programs

       For necessary expenses to carry out a program of 
     requirements payments to States as authorized by section 257 
     of the Help America Vote Act of 2002, $727,000,000, 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).

                Department of Health and Human Services


                        disabled voter services

       For necessary expenses to carry out programs as authorized 
     by the Help America Vote Act of 2002, $95,000,000, 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 502. Mr. DODD 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:


                   medical support for tactical units

       Sec. 1122. Of the amount appropriated or otherwise made 
     available by this chapter under the heading ``Operation and 
     Maintenance, Army'', up to $11,500,000 may be available for--


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

  
  On page S3853, April 18, 2005, under ``SA 502'', the following 
sentence appeared: Sec. 1122. Of the amount appropriated or 
otherwise made available by this chapter under the heading 
``OPERATION AND MAINTENANCE, ARMY'', up to $150,000,000 may be 
available for----
  
  The online version has been corrected to read: Sec. 1122. Of the 
amount appropriated or otherwise made available by this chapter 
under the heading ``OPERATION AND MAINTENANCE, ARMY'', up to 
$11,500,000 may be available for----


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

       (1) the replenishment of medical supply and equipment needs 
     within the combat theaters of the Army, including bandages 
     and other blood-clotting supplies that utilize hemostatic, 
     wound-dressing technologies; and
       (2) the provision of medical care for members of the Army 
     who have returned to the United States from a combat theater 
     and are in a medical holdover status.
                                 ______
                                 
  SA 503. Mr. DURBIN (for himself, Mr. Levin, and Mr. Kennedy) 
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 141, line 7, strike ``That the Secretary'' and all 
     that follows through ``appropriation:'' on lines 10 and 11, 
     and insert

[[Page S3854]]

     ``That, not later than 30 days after the last day of each 
     fiscal quarter, the Secretary shall submit to the 
     congressional defense committees a report that summarizes the 
     details of the transfer of funds from this appropriation and 
     that includes a description of (1) the extent to which 
     funding provided by this appropriation and such transfers 
     will be used to train and equip capable and effectively led 
     Iraqi security services and promote stability and security in 
     Iraq; (2) the extent to which funding provided by this 
     appropriation and such transfers will be used to train Iraqi 
     security forces in counterinsurgency operations and the 
     estimated total number of Iraqi security force personnel and 
     Iraqi battalions expected to be trained, equipped, and 
     capable of leading counterinsurgency operations independently 
     by the end of 2005 and 2006; and (3) the extent to which 
     funding provided by this appropriation and such transfers 
     will result in reducing the level of the United States Armed 
     Forces in Iraq in 6, 12, and 18 months after the date of such 
     report and an estimate of the number of United States Armed 
     Forces who will be needed in Iraq 6, 12, and 18 months after 
     the date of such report:''.
                                 ______
                                 
  SA 504. Mrs. CLINTON 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 176, line 17, after ``1961:'' insert ``Provided 
     further, That, notwithstanding any other provision of law, of 
     the funds appropriated under this heading not less than 
     $3,000,000 shall be transferred to the United Nations 
     Population Fund to provide assistance to tsunami victims in 
     Indonesia, the Maldives, and Sri Lanka to (1) provide and 
     distribute equipment, including safe delivery kits and 
     hygiene kits, medicines, and supplies, including soap and 
     sanitary napkins, to ensure safe childbirth and emergency 
     obstetric care, (2) reestablish maternal health services in 
     areas where medical infrastructure and such services have 
     been destroyed by the tsunami, (3) prevent and treat cases of 
     violence against women and youth, (4) offer psychological 
     support and counseling to women and youth, (5) promote the 
     access of unaccompanied women and other vulnerable people to 
     vital services, including access to water, sanitation 
     facilities, food, and health care, and (6) make available 
     supplies of contraceptives for the prevention of pregnancy 
     and the spread of sexually transmitted diseases, including 
     HIV/AIDS: Provided further, That nothing in the preceding 
     provision may be construed to alter any existing statutory 
     prohibitions against abortion set out in section 104(f) of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2151b):''.
                                 ______
                                 
  SA 505. Mr. WARNER 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.   . (a) The annex, located on the 200 block of 3rd 
     Street Northwest in the District of Columbia, to the E. 
     Barrett Prettyman Federal Building and United States 
     Courthouse located at Constitution Avenue Northwest in the 
     District of Columbia shall be known and designated as the 
     ``William B. Bryant Annex.''
       (b) Any reference in a law, map, regulation, document, 
     paper, or other record of the United States to the annex 
     referred to in section 1 shall be deemed to be a reference to 
     the ``William B. Bryant Annex.''
                                 ______
                                 
  SA 506. 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 231, between lines 3 and 4, insert the following:


                      reduction of appropriations

       Sec. 6047. Notwithstanding any other provision of this Act, 
     the total amount appropriated under this Act may not exceed 
     $62,122,000,000.
                                 ______
                                 
  SA 507. Mr. COLEMAN 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:


 report on improving air safety of members of the united states armed 
                     forces serving in afghanistan

       Sec. 6047. (a) Congress makes the following findings:
       (1) The operation by the Department of Defense of aircraft 
     between Europe and Afghanistan involves travel through an 
     area of mountainous, hostile, and remote terrain along an air 
     corridor that possesses minimal or no air safety 
     capabilities.
       (2) Recent aircraft crashes in Afghanistan involving 
     members of the United States Armed Forces have claimed over 
     100 lives, and more than 40 other incidents have been 
     documented in which maneuvers were required to avoid 
     collisions.
       (3) The United States Government has facilitated for 
     several NATO allies the acquisition of important air safety 
     improvement technologies that could be used to improve the 
     safety of air routes between Europe and Afghanistan and 
     within Afghanistan.
       (b) Not later than September 1, 2005, the Secretary of 
     Defense shall submit to the Committee on Armed Services and 
     the Committee on Appropriations of the Senate and the 
     Committee on Armed Services and the Committee on 
     Appropriations of the House of Representatives a 
     comprehensive report containing a detailed plan, timeline, 
     and budget for significantly improving the air safety of 
     aircraft carrying members of the United States Armed Forces 
     between Europe and Afghanistan and within Afghanistan.
                                 ______
                                 
  SA 508. Mr. COLEMAN 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 176, after line 22, insert the following:
       For an additional amount for ``Economic Support Fund'', 
     $2,000,000 for the Third Border Initiative to remain 
     available until September 30, 2006: Provided, That the amount 
     provided under this paragraph is designated as an emergency 
     requirement pursuant to section 402 of the conference report 
     to accompany S. Con. Res. 95 (108th Congress).
       On page 178, after line 16, insert the following:
       For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $40,530,000, to remain 
     available until September 30, 2006, of which $18,400,000 
     shall be available for Latin America regional account for law 
     enforcement and drug interdiction programs in 17 countries, 
     $8,300,000 shall be available for continuance of the C-26 
     surveillance aircraft for aerial drug interdiction efforts in 
     the Caribbean, $9,780,000 shall be available for Mexico 
     border security, law enforcement and drug interdiction 
     programs, and $4,500,000 shall be available for contributions 
     to the Inter-American Committee Against Terrorism (CICTE) and 
     the Inter-American Drug Abuse Control Commission (CICAD): 
     Provided, That the amount provided under this paragraph is 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).
       On page 179, after line 16, insert the following:
       For an additional amount for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'', $5,000,000, to 
     remain available until September 30, 2006, which shall be 
     available for destruction of MANPADS in the Western 
     Hemisphere: Provided, That the amount provided under this

[[Page S3855]]

     paragraph is designated as an emergency requirement pursuant 
     to section 402 of the conference report to accompany S. Con. 
     Res. 95 (108th Congress).
                                 ______
                                 
  SA 509. 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 214, line 11, strike the comma and all that follows 
     through ``goal'' on line 19.
                                 ______
                                 
  SA 510. 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 231, between lines 3 and 4, insert the following:


      evaluation of subcontract participation by small businesses

       Sec. 6047. (a) Section 8(d)(4)(G) of the Small Business Act 
     (15 U.S.C. 637(d)(4)(G)) is amended by striking ``a bundled'' 
     and inserting ``any''.
       (b) Section 8(d)(10) of the Small Business Act (15 U.S.C. 
     637(d)(10)) is amended--
       (1) by striking ``is authorized to'' and inserting 
     ``shall'';
       (2) in subparagraph (B), by striking ``and'' at the end;
       (3) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(D) report the results of each evaluation under 
     subparagraph (C) to the appropriate contracting officers.''.
       (c) Section 8(d) of the Small Business Act (15 U.S.C. 
     637(d)) is amended--
       (1) by redesignating paragraph (11) as paragraph (14); and
       (2) by inserting after paragraph (10) the following:
       ``(11) Certification.--A report submitted by the prime 
     contractor pursuant to paragraph (6)(E) to determine the 
     attainment of a subcontract utilization goal under any 
     subcontracting plan entered into with a Federal agency under 
     this subsection shall contain the name and signature of the 
     president or chief executive officer of the contractor, 
     certifying that the subcontracting data provided in the 
     report are accurate and complete.
       ``(12) Centralized database.--The results of an evaluation 
     under paragraph (10)(C) shall be included in a national 
     centralized governmentwide database.
       ``(13) Payments pending reports.--Each Federal agency 
     having contracting authority shall ensure that the terms of 
     each contract for goods and services includes a provision 
     allowing the contracting officer of an agency to withhold an 
     appropriate amount of payment with respect to a contract 
     (depending on the size of the contract) until the date of 
     receipt of complete, accurate, and timely subcontracting 
     reports in accordance with paragraph (11).''.
       (d) Section 8(d)(8) of the Small Business Act (15 U.S.C. 
     637(d)(8)) is amended--
       (1) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (2) by striking ``The failure'' and inserting ``(A) The 
     failure''; and
       (3) by adding at the end the following:
       ``(B) A material breach described in this paragraph shall 
     be referred for investigation to the Inspector General (or 
     the equivalent) of the affected agency.''.
                                 ______
                                 
  SA 511. 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 231, between lines 3 and 4, insert the following:


             small business participation in subcontracting

       Sec. 6047. (a) Section 8(d)(6) of the Small Business Act 
     (15 U.S.C. 637(d)(6)) is amended--
       (1) in subparagraph (E), by striking ``and'' at the end;
       (2) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(G) certification that the offeror or bidder will acquire 
     articles, equipment, supplies, services, or materials, or 
     obtain the performance of construction work from small 
     business concerns in the amount and quality used in preparing 
     the bid or proposal, unless such small business concerns are 
     no longer in business or can no longer meet the quality, 
     quantity, or delivery date.''.
       (b) Section 16(f) of the Small Business Act (15 U.S.C. 
     645(f)) is amended by inserting ``or the reporting 
     requirements of section 8(d)(6)(G)'' after ``section 
     7(j)(10)(I)''.
                                 ______
                                 
  SA 512. 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 231, between lines 3 and 4, insert the following:


                   direct payments to subcontractors

       Sec. 6047. (a) Section 8(d) of the Small Business Act (15 
     U.S.C. 637(d)) amended by adding at the end the following:
       ``(12) Timely payment to small business subcontractors.--
       ``(A) In general.--Subject to subparagraph (B), the failure 
     of a civilian agency prime contractor, as defined in 
     subparagraph (D), to make a timely payment, as determined by 
     the contract with the subcontractor, to a subcontractor that 
     is a small business concern shall be a material breach of the 
     contract with the Federal agency.
       ``(B) Consideration of performance.--Before making a 
     determination under subparagraph (A), the contracting officer 
     shall consider all reasonable issues regarding the 
     circumstances surrounding the failure to make the timely 
     payment described in subparagraph (A).
       ``(C) Withholding of payments.--Not later than 30 days 
     after the date on which a material breach under subparagraph 
     (A) is determined by the contracting officer, the Federal 
     agency may withhold any amounts due and owing the 
     subcontractor from payments due to the prime contractor and 
     pay such amounts directly to the subcontractor.
       ``(D) Defined term.--As used in this paragraph, the term 
     `civilian agency prime contractor' means a prime contractor 
     that offers any combination of services or manufactured goods 
     to Federal agencies other than the Department of Defense or 
     agencies with responsibility for homeland security or 
     national security.''.
                                 ______
                                 
  SA 513. 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:

       At the end of title VII, insert the following:

     SEC. 712. SMALL BUSINESS CONTRACTING IN OVERSEAS 
                   PROCUREMENTS.

       (a) Congressional Findings and Reaffirmation of Existing 
     Policy.--
       (1) Findings.--Congress finds that--
       (A) small business contracting in support of overseas 
     activities of the Federal Government strengthens the trade 
     posture of the United States in the global marketplace;
       (B) small business contractors are a vital component of the 
     civilian and defense industrial base, and they have provided 
     outstanding value in support of the activities of the Federal 
     Government domestically and internationally, especially in 
     the international reconstruction, stabilization, and 
     assistance activities in the Global War on Terror;
       (C) maintaining a vital small business industrial base 
     protects the Federal Government from higher costs and reduced 
     innovation that accompany undue consolidation of Government 
     contracts;

[[Page S3856]]

       (D) Congress has a strong interest in preserving the 
     competitive nature of the Government contracting marketplace, 
     particularly with regard to performance of Federal contracts 
     and subcontracts overseas;
       (E) small business contractors suffer competitive harm and 
     the Federal Government suffers a needless reduction in 
     competition and a needless shrinkage of its industrial base 
     when Federal agencies exempt contracts and subcontracts 
     awarded for performance overseas from the application of the 
     Small Business Act;
       (F) small businesses desiring to support the troops 
     deployed in the Global War on Terror and the reconstruction 
     of Iraq and Afghanistan have faced needless hurdles to 
     meaningful participation in Government contracts and 
     subcontracts; and
       (G) Congress has a strong interest in holding large prime 
     contractors accountable for fulfilling their subcontracting 
     plans on overseas assistance and reconstruction projects.
       (2) Reaffirmation of policy.--In light of the findings in 
     subparagraph (A), Congress reaffirms its policy contained in 
     sections 2 and 15 of the Small Business Act (15 U.S.C. 631, 
     644) and section 302 of the Small Business Economic Policy 
     Act of 1980 (15 U.S.C. 631a) to promote international 
     competitiveness of United States small businesses and to 
     ensure that small business concerns are awarded a fair 
     portion of all Federal prime contracts, and subcontracts, 
     regardless of geographic area.
       (b) Compliance.--Not later than 270 days after the date of 
     enactment of this Act, the head of each Federal agency, 
     office, and department having jurisdiction over acquisition 
     regulations shall conduct regulatory reviews to ensure that 
     such regulations require compliance with the Small Business 
     Act in Federal prime contracts and subcontracts, regardless 
     of the geographic place of award or performance, and shall 
     promulgate any necessary conforming changes to such 
     regulations.
       (c) Cooperation With the Small Business Administration.--
     The Administrator and the Chief Counsel for Advocacy of the 
     Small Business Administration shall be consulted for 
     recommendations concerning regulatory reviews and changes 
     required by this section.
       (d) Conflicting Provisions of Law.--In conducting any 
     regulatory review or promulgating any changes required by 
     this section, due note and recognition shall be given to the 
     specific requirements and procedures of any other Federal 
     statute or treaty which may exempt any Federal prime contract 
     or subcontract from the application of the Small Business Act 
     in whole or in part.
       (e) Report to Congressional Committees.--Not later than 1 
     year after the date of enactment of this Act, the 
     Administrator and the Chief Counsel for Advocacy of the Small 
     Business Administration shall submit to the Committee on 
     Small Business and Entrepreneurship of the Senate and to the 
     Committee on Small Business of the House of Representatives a 
     report containing their views on the compliance status of 
     Federal agencies, offices, and departments in carrying out 
     this section.
                                 ______
                                 
  SA 514. 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:

       At the end of title VII, insert the following:

     SEC. 712. CONFLICT ZONE SMALL BUSINESS CONCERNS.

       Section 3 of the Small Business Act (15 U.S.C. 632) is 
     amended by adding at the end the following:
       ``(s) Conflict Zone Small Business Concerns.--
       ``(1) Conflict zone small business size standards.--
       ``(A) In general.--The Administrator shall establish, by 
     rule, regulation, or order, size standards for treatment of a 
     business concern performing services in a qualified area as a 
     small business concern for purposes of this Act.
       ``(B) Timing.--The size standards established under 
     subparagraph (A) shall become effective not later than 12 
     months after the date of enactment of this subsection.
       ``(C) Criteria.--The Administrator shall develop size 
     standards under subparagraph (A) with the purpose of reducing 
     the burdens on small business concerns, in connection with 
     the need--
       ``(i) to provide security for business operations;
       ``(ii) to incur costs under any provision of Federal law 
     which may require government contractors and subcontractors 
     to provide particular benefits or to obtain particular types 
     of insurance in order to operate in a qualified area; and
       ``(iii) to hire additional employees in order to 
     successfully perform contracts or subcontracts in or near a 
     zone of military conflict.
       ``(2) Provisional rule.--Notwithstanding any other 
     provision of law, until the rule, regulation or order 
     established under paragraph (1)(A) becomes effective, the 
     Administrator may not consider, in determining whether a 
     business concern performing services in a qualified area 
     qualifies as a small business concern for purposes of this 
     Act--
       ``(A) receipts received under a qualified contract or 
     subcontract; or
       ``(B) employees hired solely for the purpose of performing 
     services in a qualified area pursuant to a qualified contract 
     or subcontract.
       ``(3) Additional definitions.--
       ``(A) Qualified area.--In this subsection, the term 
     `qualified area' means--
       ``(i) Iraq;
       ``(ii) Afghanistan; and
       ``(iii) any other country, area, or territory outside of 
     the United States, its territories, and possessions, as may 
     be designated by the Administrator in consultation with the 
     Secretary of Defense, the Secretary of Homeland Security, or 
     the Secretary of State, as appropriate, where contracts or 
     subcontracts are performed in support of the Global War on 
     Terror, United States military operations, or related 
     reconstruction, stabilization, and assistance activities.
       ``(B) Qualified contract or subcontract.--In this 
     subsection, the term `qualified contract or subcontract' 
     means any contract, portion of a contract, subcontract, or 
     portion of a subcontract awarded by an agency or 
     instrumentality of the United States, or using funds made 
     available through an appropriations Act, requiring the 
     business concern to perform services in a qualified area.
       ``(C) Services.--In this subsection, the term `services' 
     includes sales, marketing, installation, translation, 
     security, and other similar services performed in a qualified 
     area under a qualified contract or subcontract.''.
                                 ______
                                 
  SA 515. 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 231, after line 3, insert the following:


                         contract consolidation

       Sec. 6047. (a) Section 3(o) of the Small Business Act (15 
     U.S.C. 632(o)) is amended to read as follows:cc
       ``(o) Definitions Relating to Consolidation of Contract 
     Requirements.--In this Act--
       ``(1) the terms `consolidation of contract requirements' 
     and `consolidation', with respect to contract requirements of 
     a military department, defense agency, Department of Defense 
     Field Activity, or any other Federal department or agency 
     having contracting authority, mean a use of a solicitation to 
     obtain offers for a single contract or a multiple award 
     contract to satisfy 2 or more requirements of that 
     department, agency, or activity for goods or services that--
       ``(A) have previously been provided to or performed for 
     that department, agency, or activity under 2 or more separate 
     contracts that are smaller in cost than the total cost of the 
     contract for which the offers are solicited; or
       ``(B) are of a type capable of being provided or performed 
     by a small business concern for that department, agency, or 
     activity under 2 or more separate contracts that are smaller 
     in cost than the total cost of the contract for which the 
     offers are solicited;
       ``(2) the term `multiple award contract' means--
       ``(A) a contract that is entered into by the Administrator 
     of General Services under the multiple award schedule program 
     referred to in section 2302(2)(C) of title 10, United States 
     Code;
       ``(B) a multiple award task order contract or delivery 
     order contract that is entered into under the authority of 
     sections 2304a through 2304d of title 10, United States Code, 
     or sections 303H through 303K of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 253h through 
     253k); and
       ``(C) any other indeterminate delivery, indeterminate 
     quantity contract that is entered into by the head of a 
     Federal agency with 2 or more sources pursuant to the same 
     solicitation; and
       ``(3) the term `senior procurement executive' means--
       ``(A) with respect to a military department, the official 
     designated under section 16(k) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 414(c)) as the senior 
     procurement executive for the military department;
       ``(B) with respect to a defense agency or a Department of 
     Defense Field Activity, the official so designated for the 
     Department of Defense; and
       ``(C) with respect to a Federal department or agency other 
     than those referred to in

[[Page S3857]]

     subparagraphs (A) and (B), the official so designated by that 
     department or agency.''.
       (b) Section 15(e) of the Small Business Act (15 U.S.C. 
     644(e)) is amended--
       (1) in paragraph (2)--
       (A) by striking ``research.--
       (A) In general.--Before'' and inserting ``research.--
     Before''; and
       (B) by striking subparagraphs (B) and (C); and
       (2) by striking paragraph (3) and inserting the following:
       ``(3) Limitation on use of acquisition strategies involving 
     consolidation.--
       ``(A) Certain defense contract requirements.--An official 
     of a military department, defense agency, or Department of 
     Defense Field Activity shall not execute an acquisition 
     strategy that includes a consolidation of contract 
     requirements of the military department, agency, or activity 
     with a total value in excess of $5,000,000, unless the senior 
     procurement executive first--
       ``(i) conducts market research;
       ``(ii) identifies any alternative contracting approaches 
     that would involve a lesser degree of consolidation of 
     contract requirements; and
       ``(iii) determines that the consolidation is necessary and 
     justified.
       ``(B) Certain civilian agency contract requirements.--The 
     head of a Federal agency not covered under subparagraph (A) 
     that has contracting authority shall not execute an 
     acquisition strategy that includes a consolidation of 
     contract requirements of the agency with a total value in 
     excess of $2,000,000, unless the senior procurement executive 
     of the agency first--
       ``(i) conducts market research;
       ``(ii) identifies any alternative contracting approaches 
     that would involve a lesser degree of consolidation of 
     contract requirements; and
       ``(iii) determines that the consolidation is necessary and 
     justified.
       ``(C) Additional requirements for higher value consolidated 
     contracts.--In addition to meeting the requirements under 
     subparagraph (A) or (B), a procurement strategy by a civilian 
     agency that includes a consolidated contract with a total 
     value in excess of $5,000,000, or by a defense agency that 
     includes a consolidated contract with a total value in excess 
     of $7,000,000 shall include--
       ``(i) an assessment of the specific impediments to 
     participation by small business concerns as prime contractors 
     that will result from the consolidation;
       ``(ii) actions designed to maximize small business 
     participation as prime contractors, including provisions that 
     encourage small business teaming for the consolidated 
     requirement;
       ``(iii) actions designed to maximize small business 
     participation as subcontractors (including suppliers) at any 
     tier under the contract or contracts that may be awarded to 
     meet the requirements; and
       ``(iv) the identification of the alternative strategies 
     that would reduce or minimize the scope of the consolidation 
     and the rationale for not choosing those alternatives.
       ``(D) Necessary and justified.--A senior procurement 
     executive may determine that an acquisition strategy 
     involving a consolidation of contract requirements is 
     necessary and justified for purposes of subparagraph (A), 
     (B), or (C), if the benefits of the acquisition strategy 
     substantially exceed the benefits of each of the possible 
     alternative contracting approaches identified under clause 
     (ii) of any of those subparagraphs, as applicable. However, 
     savings in administrative or personnel costs alone do not 
     constitute, for such purpose, a sufficient justification for 
     a consolidation of contract requirements in a procurement, 
     unless the total amount of the cost savings is expected to be 
     substantial in relation to the total cost of the procurement.
       ``(E) Benefits.--Benefits considered for purposes of this 
     paragraph may include cost and, regardless of whether 
     quantifiable in dollar amounts--
       ``(i) quality;
       ``(ii) acquisition cycle;
       ``(iii) terms and conditions; and
       ``(iv) any other benefit directly related to national 
     security or homeland defense.''.
       (c) Section 15(p)(4)(B) of the Small Business Act (15 
     U.S.C. 644(p)(4)(B)) is amended--
       (1) in clause (i), by striking ``and'' at the end;
       (2) in clause (ii), by striking the period at the end and 
     inserting the following: ``; and''; and
       (3) by adding at the end the following:
       ``(iii) a description of best practices for maximizing 
     small business prime and subcontracting opportunities.''.
       (d) Section 15(p) of the Small Business Act (15 U.S.C. 
     644(p)) is amended--
       (1) in the subsection heading, by striking ``Bundled 
     Contracts'' and inserting ``Consolidated Contracts'';
       (2) in paragraph (1), in the paragraph heading, by striking 
     ``Bundled contract'' and inserting ``Consolidated contract'';
       (3) in paragraph (4), in the paragraph heading, by striking 
     ``contract bundling'' and inserting ``contract 
     consolidation'';
       (4) by striking ``bundled contracts'' each place that term 
     appears and inserting ``consolidated contracts'';
       (5) by striking ``bundled contract'' each place that term 
     appears and inserting ``consolidated contract'';
       (6) by striking ``bundling of contract requirements'' each 
     place that term appears and inserting ``consolidation of 
     contract requirements'';
       (7) in paragraph (4)(B)(ii), by striking ``previously 
     bundled'' and inserting ``previously consolidated'';
       (8) in paragraph (4)(B)(ii)(I), by striking ``were 
     bundled'' and inserting ``were consolidated'';
       (9) in paragraph (4)(B)(ii)(II)(bb), by striking ``bundling 
     the contract requirements'' and inserting ``the consolidation 
     of contract requirements''; and
       (10) in paragraph (4)(B)(ii)(II)(cc), by striking ``bundled 
     status'' and inserting ``consolidated status''.
                                 ______
                                 
  SA 516. 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 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.

                  Immigration and Customs Enforcement


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $389,613,000, of which $128,000,000, to remain available 
     until September 30, 2006, shall be available 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, and of which the Assistant Secretary for Immigration 
     and Customs Enforcement shall transfer (1) $179,745,000, to 
     Customs and Border Protection, to remain available until 
     September 30, 2006, 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; (2) $67,438,000, to Customs and 
     Border Protection, to remain available until expended, for 
     ``Construction''; (3) $10,471,000, to the Federal Law 
     Enforcement Training Center, to remain available until 
     September 30, 2006, for ``Salaries and Expenses''; and (4) 
     $3,959,000, to the Federal Law Enforcement Training Center, 
     to remain available until expended, for ``Acquisition, 
     Construction, Improvements, and Related Expenses'', for the 
     provision of training at the Border Patrol Academy.
                                 ______
                                 
  SA 517. Mr. CORZINE (for himself and Mr. Brownback) 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:


                          dafur accountability

       Sec. 2105. (a) It is the sense of the Senate that--
       (1) the atrocities unfolding in Darfur, Sudan, have been 
     and continue to be genocide;
       (2) the United States should immediately seek passage at 
     the United Nations Security Council of a resolution that--
       (A) imposes additional sanctions or additional measures 
     against the Government of Sudan, including sanctions that 
     will affect the petroleum sector in Sudan, individual members 
     of the Government of Sudan, and entities controlled or owned 
     by officials of the Government of Sudan or the National 
     Congress Party in Sudan, that will remain in effect until 
     such time as the Government of Sudan fully complies with all 
     relevant United Nations Security Council resolutions;
       (B) establishes a military no-fly zone in Darfur and calls 
     on the Government of Sudan to immediately withdraw all 
     military aircraft from the region;
       (C) urges member states to accelerate assistance to the 
     African Union force in Darfur, sufficient to achieve the 
     expanded mandate described in paragraph (5);
       (D) calls on the Government of Sudan to cooperate with, and 
     allow unrestricted movement in Darfur by, the African Union 
     force,

[[Page S3858]]

     the United Nations Mission in Sudan (UNMIS), international 
     humanitarian organizations, and United Nations monitors;
       (E) extends the embargo of military equipment established 
     by paragraphs 7 through 9 of United Nations Security Council 
     Resolution 1556 and expanded by Security Council Resolution 
     1591 to include a total prohibition of sale or supply to the 
     Government of Sudan; and
       (F) expands the mandate of UNMIS to include the protection 
     of civilians throughout Sudan, including Darfur, and 
     increases the number of UNMIS personnel to achieve such 
     mandate;
       (3) the United States should not provide assistance to the 
     Government of Sudan, other than assistance necessary for the 
     implementation of the Sudan North-South Peace Agreement, the 
     support of the southern regional government in Sudan, or for 
     humanitarian purposes in Sudan, unless the President 
     certifies and reports to Congress that the Government of 
     Sudan has fully complied with all relevant United Nations 
     Security Council resolutions and the conditions established 
     by the Comprehensive Peace in Sudan Act of 2004 (Public Law 
     108-497; 118 Stat. 4018);
       (4) the President should work with international 
     organizations, including the North Atlantic Treaty 
     Organization (NATO), the United Nations, and the African 
     Union to undertake action as soon as practicable to eliminate 
     the ability of the Government of Sudan to engage in aerial 
     bombardment of civilians in Darfur and establish mechanisms 
     for the enforcement of a no-fly zone in Darfur;
       (5) the African Union should extend its mandate in Darfur 
     to include the protection of civilians and proactive efforts 
     to prevent violence;
       (6) the President should accelerate assistance to the 
     African Union in Darfur and discussions with the African 
     Union, the European Union, NATO, and other supporters of the 
     African Union force on the needs of the African Union force, 
     including assistance for housing, transportation, 
     communications, equipment, technical assistance such as 
     training and command and control assistance, and 
     intelligence;
       (7) the President should appoint a Presidential Envoy for 
     Sudan to support peace, security and stability in Darfur and 
     seek a comprehensive peace throughout Sudan;
       (8) United States officials, at the highest levels, should 
     raise the issue of Darfur in bilateral meetings with 
     officials from other members of the United Nations Security 
     Council and other relevant countries, with the aim of passing 
     a United Nations Security Council resolution described in 
     paragraph (2) and mobilizing maximum support for political, 
     financial, and military efforts to stop the genocide in 
     Darfur; and
       (9) the United States should actively participate in the UN 
     Committee and the Panel of Experts established pursuant to 
     Security Council Resolution 1591, and work to support the 
     Secretary-General and the United Nations High Commissioner 
     for Human Rights in their efforts to increase the number and 
     deployment rate of human rights monitors to Darfur.
       (b)(1) At such time as the United States has access to any 
     of the names of those named by the UN Commission of Inquiry 
     or those designated by the UN Committee the President shall--
       (A) submit to the appropriate congressional committees a 
     report listing such names;
       (B) determine whether the individuals named by the UN 
     Commission of Inquiry or designated by the UN Committee have 
     committed the acts for which they were named or designated;
       (C) except as described under paragraph (2), take such 
     action as may be necessary to immediately freeze the funds 
     and other assets belonging to such individuals, their family 
     members, and any associates of such individuals to whom 
     assets or property of such individuals were transferred on or 
     after July 1, 2002, including requiring that any United 
     States financial institution holding such funds and assets 
     promptly report those funds and assets to the Office of 
     Foreign Assets Control; and
       (D) except as described under paragraph (2), deny visas and 
     entry to such individuals, their family members, and anyone 
     the President determines has been, is, or may be planning, 
     carrying out, responsible for, or otherwise involved in 
     crimes against humanity, war crimes, or genocide in Darfur, 
     Sudan.
       (2) The President may elect not to take action described in 
     paragraphs (1)(C) and (1)(D) if the President submits to the 
     appropriate congressional committees, a report--
       (A) naming the individual named by the UN Commission of 
     Inquiry or designated by the UN Committee with respect to 
     whom the President has made such election, on behalf of the 
     individual or the individual's family member or associate; 
     and
       (B) describing the reasons for such election, and including 
     the determination described in paragraph (1)(B).
       (3) Not later than 30 days after United States has access 
     to any of the names of those named by the UN Commission of 
     Inquiry or those designated by the UN Committee, the 
     President shall submit to the appropriate congressional 
     committees notification of the sanctions imposed under 
     paragraphs (1)(C) and (1)(D) and the individuals affected, or 
     the report described in paragraph (2).
       (4) Not later than 30 days prior to waiving the sanctions 
     provisions of any other Act with regard to Sudan, the 
     President shall submit to the appropriate congressional 
     committees a report describing the waiver and the reasons for 
     such waiver.
       (c)(1) The Secretary of State, in conjunction with the 
     Secretary of Defense, shall report to the appropriate 
     congressional committees on efforts to deploy an African 
     Union force in Darfur, the capacity of such force to 
     stabilize Darfur and protect civilians, the needs of such 
     force to achieve such mission including housing, 
     transportation, communications, equipment, technical 
     assistance, including training and command and control, and 
     intelligence, and the status of United States and other 
     assistance to the African Union force.
       (2)(A) The report described in paragraph (1) shall be 
     submitted every 90 days during the 1-year period beginning on 
     the date of the enactment of this Act, or until such time as 
     the President certifies that the situation in Darfur is 
     stable and that civilians are no longer in danger and that 
     the African Union is no longer needed to prevent a resumption 
     of violence and attacks against civilians.
       (B) After such 1-year period, and if the President has not 
     made the certification described in subparagraph (A), the 
     report described in paragraph (1) shall be included in the 
     report required under section 8(b) of the Sudan Peace Act (50 
     U.S.C. 1701 note), as amended by section 5(b) of the 
     Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 
     118 Stat. 4018).
       (d) In this section:
       (1) The term ``appropriate congressional committees'' means 
     the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate and the Committee on 
     International Relations and the Committee on Appropriations 
     of the House of Representatives.
       (2) The term ``Government of Sudan'' means the National 
     Congress Party-led government in Khartoum, Sudan, or any 
     successor government formed on or after the date of the 
     enactment of this title.
       (3) The term ``member states'' means the member states of 
     the United Nations.
       (4) The term ``Sudan North-South Peace Agreement'' means 
     the comprehensive peace agreement signed by the Government of 
     Sudan and the Sudan People's Liberation Army/Movement on 
     January 9, 2005.
       (5) The term ``those named by the UN Commission of 
     Inquiry'' means those individuals whose names appear in the 
     sealed file delivered to the Secretary-General of the United 
     Nations by the International Commission of Inquiry on Darfur 
     to the United Nations Security Council.
       (6) The term ``UN Committee'' means the Committee of the 
     Security Council established in United Nations Security 
     Council Resolution 1591 (29 March 2005); paragraph 3.
                                 ______
                                 
  SA 518. Mr. BUNNING 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.   . SILICON CARBIDE ARMOR INITIATIVE.

       Of amounts available to the Department of Defense in this 
     Act, $5,000,000 may be used for the purpose of funding a 
     silicon carbide armor initiative to meet the critical needs 
     for silicon carbide powders used in the production of ceramic 
     armor plates for military vehicles.
                                 ______
                                 
  SA 519. Mr. BUNNING 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.   . RAPID WALL BREACHING KITS.

       Of amounts available to the Department of Defense in this 
     Act, $5,000,000 may be used for procurement of Rapid Wall 
     Breaching Kits.
                                 ______
                                 
  SA 520. Mr. BAYH 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,

[[Page S3859]]

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:


         up-armored high mobility multipurpose wheeled vehicles

       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 
     $213,000,000, 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), 
     $213,000,000 shall be available for the procurement of Up-
     Armored High Mobility Multipurpose Wheeled Vehicles 
     (UAHMMWVs).
       (c) Reports.--(1) Not later 60 days after the date of the 
     enactment of this Act, and every 60 days thereafter until the 
     termination of Operation Iraqi Freedom, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report setting forth the current requirements of the Armed 
     Forces for Up-Armored High Mobility Multipurpose Wheeled 
     Vehicles.
       (2) Not later than 60 days after the date of the enactment 
     of this Act, the Secretary shall submit to the congressional 
     defense committees a report setting forth the most effective 
     and efficient options available to the Department of Defense 
     for transporting Up Armored High Mobility Multipurpose 
     Wheeled Vehicles to Iraq and Afghanistan.
                                 ______
                                 
  SA 521. Mr. GRASSLEY 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:


              application processing and enforcement fees

       Sec. 6047. Section 286(s)(6) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(s)(6)) is amended in the 
     second sentence by inserting ``and section 212(a)(5)(A)'' 
     before the period at the end.
                                 ______
                                 
  SA 522. Mr. GRASSLEY 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:


              REPEAL OF CERTAIN VISA REVOCATION PROVISIONS

       Sec. 6047. (a) Section 5304 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458) is 
     repealed.
       (b) The Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.) shall be applied and administered as if such section 
     5304 had not been enacted.
       (c) Section 221(i) of the Immigration and Nationality Act 
     (8 U.S.C. 1201(i)) is amended by adding at the end the 
     following: ``There shall be no means of administrative or 
     judicial review of a revocation under this subsection, and no 
     court or other person otherwise shall have jurisdiction to 
     consider any claim challenging the validity of such a 
     revocation.''.
       (d) Section 237(a)(1)(B) of the Immigration and Nationality 
     Act (8 U.S.C. 1227(a)(1)(B)) is amended by striking ``United 
     States is'' and inserting the following: ``United States, or 
     whose nonimmigrant visa (or other documentation authorizing 
     admission into the United States) has been revoked under 
     section 221(i), is''.
       (e) The amendments made by subsections (c) and (d) shall 
     take effect on the date of the enactment of this Act and 
     shall apply to revocations under section 221(i) of the 
     Immigration and Nationality Act made before, on, or after 
     such date.
                                 ______
                                 
  SA 523. Mr. GRASSLEY 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. __. REQUIRING CERTAIN FEDERAL SERVICE CONTRACTORS TO 
                   PARTICIPATE IN PILOT PROGRAM.

       Section 402(e)(1) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is 
     amended by adding at the end the following:
       ``(C) Certain federal service contractors.--The following 
     entities shall elect to participate in a pilot program and 
     shall comply with the terms and conditions of such an 
     election:
       ``(i) A contractor who has entered into a contract with the 
     Department of Defense to which section 2(b)(1) of the Service 
     Contract Act of 1965 (41 U.S.C. 351(b)(1)) applies, and any 
     subcontractor under such contract.
       ``(ii) A contractor who has entered into a contract with 
     the Department of Defense that is exempted from the 
     application of such Act by section 6 of such Act (41 U.S.C. 
     356), and any subcontractor under such contract.''.
                                 ______
                                 
  SA 524. Mr. PRYOR 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 197, between lines 13 and 14, insert the following:

          Cooperative State Research, Education and Extension

       For an additional amount for grants to States for the 
     prevention, detection, and treatment of Asian soybean rust, 
     $2,340,000, to remain available until expended: Provided, 
     That the funds shall be made available to land grant 
     universities in southern States where Asian soybean rust has 
     been detected as of the date of enactment of this Act, as 
     determined by the Secretary of Agriculture: Provided further, 
     That the funds shall be targeted to States with harvested 
     soybean acreage in crop year 2004 of at least 1,600,000 
     acres: Provided further, That to be eligible, a State land 
     grant university shall have developed a plan for the 
     prevention, detection, and treatment of Asian soybean rust: 
     Provided further, That the plan shall include, at a minimum, 
     the development of informational materials, including the use 
     of a website, training sessions for producers, crop 
     monitoring, and the development of a regional network: 
     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 525. Mr. PRYOR 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 197, between lines 13 and 14, insert the following:

                     Agricultural Research Service

       For an additional amount for grants to States for the 
     prevention, detection, and treatment of Asian soybean rust, 
     $2,340,000, to remain available until expended: Provided, 
     That the funds shall be made available to the cooperative 
     extension service in southern States where Asian soybean rust 
     has been

[[Page S3860]]

     detected as of the date of enactment of this Act, as 
     determined by the Secretary of Agriculture: Provided further, 
     That the funds shall be targeted to States with harvested 
     soybean acreage in crop year 2004 of at least 1,600,000 
     acres: Provided further, That to be eligible, a State shall 
     have developed a plan for the prevention, detection, and 
     treatment of Asian soybean rust: Provided further, That the 
     plan shall include, at a minimum, the development of 
     informational materials, including the use of a website, 
     training sessions for producers, crop monitoring, and the 
     development of a regional network: 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 526. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
to amendment SA 375 proposed by Mr. Craig (for himself and Mr. Kennedy) 
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 4, lines 11 through 14, strike ``at least 575 hours 
     or 100 work days, whichever is less, during any 12 
     consecutive months during the 18-month period ending on'' and 
     insert ``the previous 3 years, for at least 575 hours or 100 
     work days per year, before''.
                                 ______
                                 
  SA 527. 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 209, lines 15 and 16, strike ``benefits'' and 
     insert ``value''.
                                 ______
                                 
  SA 528. Mr. CONRAD 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 179, line 24, strike ``$40,000,000'' and insert 
     ``$20,000,000''.
       On page 231, between lines 3 and 4, insert the following:

     SEC. 6047. FLOODED CROP AND GRAZING LAND.

       (a) In General.--The Secretary of Agriculture shall 
     compensate eligible owners of flooded crop and grazing land 
     in--
       (1) the Devils Lake basin; and
       (2) the McHugh, Lake Laretta, and Rose Lake closed drainage 
     areas of the State of North Dakota.
       (b) Eligibility.--
       (1) In general.--To be eligible to receive compensation 
     under this section, an owner shall own land described in 
     subsection (a) that, during the 2 crop years preceding 
     receipt of compensation, was rendered incapable of use for 
     the production of an agricultural commodity or for grazing 
     purposes (in a manner consistent with the historical use of 
     the land) as the result of flooding, as determined by the 
     Secretary.
       (2) Inclusions.--Land described in paragraph (1) shall 
     include--
       (A) land that has been flooded;
       (B) land that has been rendered inaccessible due to 
     flooding; and
       (C) a reasonable buffer strip adjoining the flooded land, 
     as determined by the Secretary.
       (3) Administration.--The Secretary may establish--
       (A) reasonable minimum acreage levels for individual 
     parcels of land for which owners may receive compensation 
     under this section; and
       (B) the location and area of adjoining flooded land for 
     which owners may receive compensation under this section.
       (c) Sign-Up.--The Secretary shall establish a sign-up 
     program for eligible owners to apply for compensation from 
     the Secretary under this section.
       (d) Compensation Payments.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     rate of an annual compensation payment under this section 
     shall be equal to 90 percent of the average annual per acre 
     rental payment rate (at the time of entry into the contract) 
     for comparable crop or grazing land that has not been flooded 
     and remains in production in the county where the flooded 
     land is located, as determined by the Secretary.
       (2) Reduction.--An annual compensation payment under this 
     section shall be reduced by the amount of any conservation 
     program rental payments or Federal agricultural commodity 
     program payments received by the owner for the land during 
     any crop year for which compensation is received under this 
     section.
       (3) Exclusion.--During any year in which an owner receives 
     compensation for flooded land under this section, the owner 
     shall not be eligible to participate in or receive benefits 
     for the flooded land under--
       (A) the Federal crop insurance program established under 
     the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);
       (B) the noninsured crop assistance program established 
     under section 196 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 7333); or
       (C) any Federal agricultural crop disaster assistance 
     program.
       (e) Relationship to Agricultural Commodity Programs.--The 
     Secretary, by regulation, shall provide for the preservation 
     of cropland base, allotment history, and payment yields 
     applicable to land described in subsection (a) that was 
     rendered incapable of use for the production of an 
     agricultural commodity or for grazing purposes as the result 
     of flooding.
       (f) Use of Land.--
       (1) In general.--An owner that receives compensation under 
     this section for flooded land shall take such actions as are 
     necessary to not degrade any wildlife habitat on the land 
     that has naturally developed as a result of the flooding.
       (2) Recreational activities.--To encourage owners that 
     receive compensation for flooded land to allow public access 
     to and use of the land for recreational activities, as 
     determined by the Secretary, the Secretary may--
       (A) offer an eligible owner additional compensation; and
       (B) provide compensation for additional acreage under this 
     section.
       (g) Funding.--
       (1) In general.--There is appropriated, out of any money in 
     the Treasury not otherwise appropriated, to carry out this 
     section $20,000,000 for fiscal year 2005, to remain available 
     until expended: Provided, That the amounts made available by 
     the transfer of funds in or pursuant to this section are 
     designated as an emergency requirement pursuant to section 
     402 of the conference report to accompany S. Con. Res. 95 
     (108th Congress).
       (2) Pro-rated payments.--In a case in which the amount made 
     available under paragraph (1) for a fiscal year is 
     insufficient to compensate all eligible owners under this 
     section, the Secretary shall pro-rate payments for that 
     fiscal year on a per acre basis.
                                 ______
                                 
  SA 529. Mr. DOMENICI 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:

       In the language proposed to be striken strike line 6 
     through 19 and insert the following:
       On page 214, strike lines 6 through 19 and insert the 
     following:
       Sec. 6023.(a) Not later than September 30, 2005, the 
     Department of Energy and the Small Business Administration 
     shall enter into a memorandum of understanding setting forth 
     an appropriate methodology for measuring the achievement of 
     the Department of Energy with respect to awarding contracts 
     to small businesses.
       (b) In recognition of the historical and successful 
     practice by the Department of Energy of operating many of its 
     facilities and sites through management and operating 
     contractors who subcontract significant amounts of work to 
     small businesses, the methodology set forth in the memorandum 
     of understanding entered into under subsection (a) shall, at 
     a minimum, include--
       (1) a method of counting the achievement of the Department 
     of Energy in awarding--
       (A) prime contracts; and
       (B) subcontracts to small businesses awarded by Department 
     of Energy management and operating, management and 
     integration, and other facility management prime contractors;
       (2) uniform criteria that could be used by prime 
     contractors described under paragraph (1)(B) when measuring 
     the value of subcontracts awarded to small businesses; and

[[Page S3861]]

       (3) prime contract provisions that could impose certain 
     requirements on prime contractors described under paragraph 
     (1)(B), such as prompt payment requirements, with respect to 
     the administration of subcontracts awarded to small 
     businesses that, when such provisions were included within a 
     prime contract, the Department of Energy could count the 
     subcontracts awarded under such prime contract toward its 
     small business contracting goals established pursuant to 
     Section 15(g) of the Small Business Act (15 U.S.C. 644(g)).
                                 ______
                                 
  SA 530. Mr. DOMENICI 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 214, strike lines 6 through 19 and insert the 
     following:
       Sec. 6023.(a) Not later than September 30, 2005, the 
     Department of Energy and the Small Business Administration 
     shall enter into a memorandum of understanding setting forth 
     an appropriate methodology for measuring the achievement of 
     the Department of Energy with respect to awarding contracts 
     to small businesses.
       (b) In recognition of the historical and successful 
     practice by the Department of Energy of operating many of its 
     facilities and sites through management and operating 
     contractors who subcontract significant amounts of work to 
     small businesses, the methodology set forth in the memorandum 
     of understanding entered into under subsection (a) shall, at 
     a minimum, include--
       (1) a method of counting the achievement of the Department 
     of Energy in awarding--
       (A) prime contracts; and
       (B) subcontracts to small businesses awarded by Department 
     of Energy management and operating, management and 
     integration, and other facility management prime contractors;
       (2) uniform criteria that could be used by prime 
     contractors described under paragraph (1)(B) when measuring 
     the value of subcontracts awarded to small businesses; and
       (3) prime contract provisions that could impose certain 
     requirements on prime contractors described under paragraph 
     (1)(B), such as prompt payment requirements, with respect to 
     the administration of subcontracts awarded to small 
     businesses that, when such provisions were included within a 
     prime contract, the Department of Energy could count the 
     subcontracts awarded under such prime contract toward its 
     small business contracting goals established pursuant to 
     Section 15(g) of the Small Business Act (15 U.S.C. 644(g)).
                                 ______
                                 
  SA 531. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
to amendment SA 375 proposed by Mr. Craig (for himself and Mr. Kennedy) 
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 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 532. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
to amendment SA 375 proposed by Mr. Craig (for himself and Mr. Kennedy) 
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 18, strike line 24 and all that follows through 
     page 21, line 11, and insert the following:
       (1) To whom may be made.--The Secretary shall provide 
     that--
       (A) applications for temporary resident status under 
     subsection (a) may be filed--
       (i) with the Secretary, but only if the applicant is 
     represented by an attorney; or
       (ii) with a qualified entity designated under paragraph 
     (2), but only if the applicant consents to the forwarding of 
     the application to the Secretary; and
       (B) applications for adjustment of status under subsection 
     (c) shall be filed directly with the Secretary.
                                 ______
                                 
  SA 533. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
to amendment SA 375 proposed by Mr. Craig (for himself and Mr. Kennedy) 
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 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.''.

                                 ______
                                 
  SA 534. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
to amendment SA 375 proposed by Mr. Craig (for himself and Mr. Kennedy) 
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 13 and all that follows through 
     page 15, line 24, 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 requirement 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 requirement under clause (i), the Secretary.
                                 ______
                                 
  SA 535. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
to amendment SA 375 proposed by Mr. Craig (for himself and Mr. Kennedy) 
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.''.

                                 ______
                                 
  SA 536. Mr. COCHRAN (for Mr. Bond) 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:

       Insert the following (and renumber if appropriate) on page 
     231, after line 3:
       ``Sec. 6047. (a) Section 222 of title II of Division I of 
     Public Law 108-447 is deleted; and
       (b) Section 203(c)(1) of the National Housing Act (12 
     U.S.C. 1709(c)) is amended by--
        (1) striking ``subsections'' and inserting ``subsection'', 
     and
       (2) striking ``or (k)'' each place that it appears.''.

[[Page S3862]]

  SA 537. Mr. REID (for Mr. Biden (for himself, Mr. Lautenberg, and 
Mrs. Boxer)) submitted an amendment intended to be proposed by Mr. Reid 
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. __. (a) Provision of Funds for Security and 
     Stabilization of Iraq and Afghanistan and for Other Defense-
     Related Activities Through Partial Suspension of Reduction in 
     Highest Income Tax Rate for Individual Taxpayers.--The table 
     contained in paragraph (2) of section 1(i) of the Internal 
     Revenue Code of 1986 (relating to (relating to reductions in 
     rates after June 30, 2001) is amended to read as follows:

------------------------------------------------------------------------
                                    The corresponding percentages shall
                                      be substituted for the following
  ``In the case of taxable years                percentages:
 beginning during calendar year:  --------------------------------------
                                     28%      31%      36%       39.6%
------------------------------------------------------------------------
2001.............................   27.5%    30.5%    35.5%      39.1%
2002.............................   27.0%    30.0%    35.0%      38.6%
2003, 2004, and 2005.............   25.0%    28.0%    33.0%      35.0%
2006 and thereafter..............   25.0%    28.0%    33.0%    38.6%''.
------------------------------------------------------------------------

       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2005.
       (c) Application of EGTRRA Sunset to This Section.--The 
     amendment made by this section shall be subject to title IX 
     of the Economic Growth and Tax Relief Reconciliation Act of 
     2001 to the same extent and in the same manner as the 
     provision of such Act to which such amendment relates.

                          ____________________