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H.R. 1268 (109th): Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005

The text of the bill below is as of Mar 16, 2005 (Passed the House).


HR 1268 EH

109th CONGRESS

1st Session

H. R. 1268

AN ACT

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

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

DIVISION A--EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF, 2005

TITLE I--DEFENSE-RELATED APPROPRIATIONS

CHAPTER 1

DEPARTMENT OF DEFENSE

DEPARTMENT OF DEFENSE--MILITARY

MILITARY PERSONNEL

Military Personnel, Army

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

Military Personnel, Navy

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

Military Personnel, Marine Corps

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

Military Personnel, Air Force

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

Reserve Personnel, Army

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

Reserve Personnel, Navy

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

Reserve Personnel, Marine Corps

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

Reserve Personnel, Air Force

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

National Guard Personnel, Army

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

National Guard Personnel, Air Force

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

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

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

Operation and Maintenance, Navy

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

Operation and Maintenance, Marine Corps

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

Operation and Maintenance, Air Force

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

Operation and Maintenance, Defense-Wide

    For an additional amount for `Operation and Maintenance, Defense-Wide', $3,061,300,000 (reduced by $1,000,000) (increased by $1,000,000), of which--

      (1) not to exceed $25,000,000 may be used for the Combatant Commander Initiative Fund, to be used in support of Operation Iraqi Freedom and Operation Enduring Freedom; and

      (2) up to $1,220,000,000, to remain available until expended, may be used for payments to reimburse Pakistan, Jordan, and other key cooperating nations, for logistical, military, and other support provided, or to be provided, to United States military operations, notwithstanding any other provision of law: Provided, That such payments may be made in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State, and in consultation with the Director of the Office of Management and Budget, may determine, in his discretion, based on documentation determined by the Secretary of Defense to adequately account for the support provided, and such determination is final and conclusive upon the accounting officers of the United States, and 15 days following notification to the appropriate congressional committees: Provided further, That the Secretary of Defense shall provide quarterly reports to the Committees on Appropriations on the use of funds provided in this paragraph: Provided further, That the amounts provided under this heading are designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress).

Operation and Maintenance, Army Reserve

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

Operation and Maintenance, Navy Reserve

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

Operation and Maintenance, Marine Corps Reserve

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

Operation and Maintenance, Army National Guard

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

Overseas Humanitarian, Disaster, and Civic Aid

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

Afghanistan Security Forces Fund

(INCLUDING TRANSFER OF FUNDS)

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

Iraq Security Forces Fund

(INCLUDING TRANSFER OF FUNDS)

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

PROCUREMENT

Aircraft Procurement, Army

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

Missile Procurement, Army

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

Procurement of Weapons and Tracked Combat Vehicles, Army

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

Procurement of Ammunition, Army

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

Other Procurement, Army

(INCLUDING TRANSFER OF FUNDS)

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

Aircraft Procurement, Navy

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

Weapons Procurement, Navy

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

Procurement of Ammunition, Navy and Marine Corps

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

Other Procurement, Navy

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

Procurement, Marine Corps

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

Aircraft Procurement, Air Force

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

Procurement of Ammunition, Air Force

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

Other Procurement, Air Force

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

Procurement, Defense-Wide

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

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

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

Research, Development, Test, and Evaluation, Navy

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

Research, Development, Test and Evaluation, Air Force

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

Research, Development, Test and Evaluation, Defense-Wide

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

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

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

National Defense Sealift Fund

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

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Drug Interdiction and Counter-Drug Activities, Defense

(INCLUDING TRANSFER OF FUNDS)

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

Office of the Inspector General

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

RELATED AGENCIES

Intelligence Community Management Account

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

GENERAL PROVISIONS--THIS CHAPTER

(TRANSFER OF FUNDS)

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

    SEC. 1102. Section 8005 of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 969), is amended by striking `$3,500,000,000' and inserting `$5,500,000,000': Provided, That the amounts made available by the transfer of funds in or pursuant to this section are designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress).

(TRANSFER OF FUNDS)

    SEC. 1103. During fiscal year 2005, the Secretary of Defense may transfer amounts in or credited to the Defense Cooperation Account, pursuant to section 2608 of title 10, United States Code, to such appropriations or funds of the Department of Defense as he shall determine for use consistent with the purposes for which such funds were contributed and accepted: Provided, That such amounts shall be available for the same time period as the appropriation to which transferred: Provided further, That the Secretary shall report to the Congress all transfers made pursuant to this authority: Provided further, That the amounts provided under this heading are designated as an emergency requirement pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress).

    SEC. 1104. (a) AUTHORITY TO PROVIDE SUPPORT- Of the amount appropriated by this Act under the heading, `Drug Interdiction and Counter-Drug Activities, Defense', not to exceed $34,000,000 may be made available for support for counter-drug activities of the Government of Afghanistan, and not to exceed $4,000,000 may be made available for support for counter-drug activities of the Government of Pakistan: Provided, That such support shall be in addition to support provided for the counter-drug activities of said Governments under any other provision of the law.

    (b) TYPES OF SUPPORT- (1) Except as specified in subsections (b)(2) and (b)(3) of this section, the support that may be provided under the authority in this section shall be limited to the types of support specified in section 1033(c)(1) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85, as amended by Public Law 106-398 and Public Law 108-136) and conditions on the provision of support as contained in section 1033 shall apply for fiscal year 2005.

    (2) The Secretary of Defense may transfer vehicles, aircraft, and detection, interception, monitoring and testing equipment to said Governments for counter-drug activities.

    (3) For the Government of Afghanistan, the Secretary of Defense may also provide individual and crew-served weapons, and ammunition for counter-drug security forces.

    SEC. 1105. The paragraph under the heading `Operation and Maintenance, Defense-Wide' in title II of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 954), is amended in the first proviso by striking `$32,000,000' and inserting `$40,000,000'.

    SEC. 1106. For fiscal year 2005, the limitation under paragraph (3) of section 2208(l) of title 10, United States Code, on the total amount of advance billings rendered or imposed for all working capital funds of the Department of Defense in a fiscal year shall be applied by substituting `$1,500,000,000' for `$1,000,000,000'.

    SEC. 1107. Section 1201(a) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2077), as amended by section 102 of title I of division J of the Consolidated Appropriations Act, 2005 (Public Law 108-447), is further amended by striking `$500,000,000' in the matter preceding paragraph (1) and inserting `$854,000,000'.

    SEC. 1108. Section 8090(b) of the Department of Defense Appropriations Act, 2005 (Public Law 108-287), is amended by striking `$185,000,000' and inserting `$210,000,000'.

    SEC. 1109. (a) During calendar year 2005 and notwithstanding section 5547 of title 5, United States Code, the head of an Executive agency may waive the limitation, up to $200,000, established in that section for total compensation, including limitations on the aggregate of basic pay and premium pay payable in a calendar year, to an employee who performs work while in an overseas location that is in the area of responsibility of the Commander of the U.S. Central Command, in support of, or related to--

      (1) a military operation, including a contingency operation; or

      (2) an operation in response to a declared emergency.

    (b) To the extent that a waiver under subsection (a) results in payment of additional premium pay of a type that is normally creditable as basic pay for retirement or any other purpose, such additional pay shall not be considered to be basic pay for any purpose, nor shall it be used in computing a lump-sum payment for accumulated and accrued annual leave under section 5551 of title 5, United States Code.

    (c) The Director of the Office of Personnel Management may issue regulations to ensure appropriate consistency among heads of executive agencies in the exercise of authority granted by this section.

    SEC. 1110. Section 1096(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) is amended--

      (1) in the matter preceding paragraph (1), by striking `in the fiscal year after the effective date of this Act' and inserting `during fiscal years 2005 and 2006'; and

      (2) in paragraph (1), by striking `500 new personnel billets' and inserting `a total of 500 new personnel positions'.

    SEC. 1111. Section 1051a(e) of title 10, United States Code, is amended by striking `September 30, 2005' and inserting `December 31, 2005'.

    SEC. 1112. Notwithstanding subsection (c) of section 308e of title 37, United States Code, the maximum amount of the bonus paid to a member of the Armed Forces pursuant to a reserve affiliation agreement entered into under such section during fiscal year 2005 shall not exceed $10,000, and the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, may prescribe regulations under subsection (f) of such section to modify the method by which bonus payments are made under reserve affiliation agreements entered into during such fiscal year.

    SEC. 1113. (a) INCREASE IN SGLI MAXIMUM- Section 1967 of title 38, United States Code, is amended--

      (1) in subsection (a)(3)(A)(i), by striking `$250,000' and inserting `$400,000 or such lesser amount as the member may elect in increments of $50,000';

      (2) in subsection (a)(3)(B), by striking `member or spouse' in the last sentence and inserting `member, be evenly divisible by $50,000 and, in the case of a member's spouse'; and

      (3) in subsection (d), by striking `of $250,000' and inserting `in effect under subsection (a)(3)(A)(i)'.

    (b) SPOUSE CONSENT AND BENEFICIARY NOTIFICATION- Section 1967(a)(3)(B) of such title is amended--

      (1) by inserting `(i)' after `(B)'; and

      (2) by adding at the end the following new clauses:

          `(ii) A member who is married may not, without the written concurrence of the member's spouse--

            `(I) elect not to be insured under this subchapter or to be insured under this subchapter in an amount less than the maximum amount provided for under subparagraph (A)(i); or

            `(II) designate any other person as a beneficiary under this program.

          `(iii) Whenever a member who is not married elects not to be insured under this subchapter or to be insured under this subchapter in an amount less than the maximum amount provided for under subparagraph (A)(i), the Secretary concerned shall provide a notice of such election to any person designated by the member as a beneficiary or designated as the member's next-of-kin for the purpose of emergency notification, as determined under regulations prescribed by the Secretary of Defense.'.

    (c) LIMITATION ON SPOUSE COVERAGE TO AMOUNT OF MEMBER COVERAGE- Section 1967(a)(3)(C) of such title is amended by inserting before the period at the end the following: `as applicable to such member under subparagraph (A)(i)'.

    (d) CONFORMING AMENDMENTS TO VGLI PROVISIONS- Section 1977 of such title is amended by striking `$250,000' each place it appears and inserting `$400,000'.

    (e) MILITARY DEATH GRATUITY- Section 1478 of title 10, United States Code, is amended--

      (1) in subsection (a), by striking `$12,000 (as adjusted under subsection (c))' and inserting `$100,000'; and

      (2) by striking subsection (c).

    (f) EFFECTIVE DATE- The amendments made by this section shall apply with respect to deaths occurring on or after the date of the enactment of this Act.

    SEC. 1114. (a) SPECIAL DEATH GRATUITY FOR CERTAIN PRIOR DEATHS IN SERVICE- In the case of the death of a member of the uniformed services that is a qualifying death (as specified in subsection (b)), the Secretary concerned shall pay a death gratuity of not more than $238,000. Of that amount--

      (1) $150,000 shall be paid in the manner specified in subsection (c); and

      (2) $88,000 shall be paid in the manner specified in subsection (d).

    (b) QUALIFYING DEATHS- The death of a member of the uniformed services is a qualifying death for purpose of this section if--

      (1) the member died during the period beginning on October 7, 2001, and ending on the day before the date of the enactment of this Act;

      (2) for the purpose of section 1114(a)(2), the death was a direct result of an injury or illness (or combination of one or more injuries or illness) incurred in Operation Enduring Freedom or Operation Iraqi Freedom, as determined under regulations prescribed by the Secretary of Defense; and

      (3) for the purpose of section 1114(a)(1), the death was a direct result of an injury or illness (or combination of one or more injuries or illness) incurred by any active duty military member in the performance of duty.

    (c) SGLI BENEFICIARIES- A payment pursuant to subsection (a)(1) by reason of a covered death shall be paid--

      (1) to a beneficiary in proportion to the share of benefits applicable to such beneficiary in the payment of life insurance proceeds paid on the basis of that death under the Servicemembers Group Life Insurance program under subchapter III of chapter 19 of title 38, United States Code; or

      (2) in the case of a member who elected not to be insured under the provisions of that subchapter, in equal shares to the person or persons who would have received proceeds under those provisions of law for a member who is insured under that subchapter but does not designate named beneficiaries.

    (d) MILITARY DEATH GRATUITY BENEFICIARIES- A payment pursuant to subsection (a)(2) by reason of a covered death shall be paid equal shares to the beneficiaries who were paid the death gratuity that was paid with respect to that death under subchapter II of chapter 75 of title 10, United States Code.

    (e) STATUS OF PAYMENTS- A death gratuity payable under this section by reason of a qualifying death is in addition to any other death gratuity or other benefit payable by the United States by reason of that death.

    (f) DEFINITION- For the purposes of this section, the term `Secretary concerned' has the meaning given that term in section 101 of title 37, United States Code.'.

    SEC. 1115. Funds appropriated in this chapter, or made available by transfer of funds in or pursuant to this chapter, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414).

    SEC. 1116. None of the funds provided in this chapter may be used to finance programs or activities denied by Congress in fiscal year 2004 and 2005 appropriations to the Department of Defense or to initiate a procurement or research, development, test and evaluation new start program without prior written notification to the congressional defense committees.

CHAPTER 2

DEPARTMENT OF DEFENSE

Military Construction, Army

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

Military Construction, Navy and Marine Corps

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

Military Construction, Air Force

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

Military Personnel, Army

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

Operation and Maintenance, Army

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

Defense Health Program

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

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

CHAPTER 1

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

International Disaster and Famine Assistance

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

Operating Expenses of the United States Agency for International Development

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

Operating Expenses of the United States Agency for International Development

Office of Inspector General

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

OTHER BILATERAL ECONOMIC ASSISTANCE

Economic Support Fund

    For an additional amount for `Economic Support Fund', $684,700,000 (reduced by $3,000,000), to remain available until September 30, 2006, of which up to $200,000,000 may be provided for programs, activities, and efforts to support Palestinians.

    For an additional amount for `Economic Support Fund', $376,500,000, to remain available until September 30, 2006: Provided, That these funds are hereby designated by Congress to be emergency requirements pursuant to section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress).

Assistance for the Independent States of the Former Soviet Union

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

DEPARTMENT OF STATE

International Narcotics Control and Law Enforcement

(INCLUDING TRANSFER OF FUNDS)

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

Migration and Refugee Assistance

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

Nonproliferation, Anti-Terrorism, Demining and Related Programs

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

MILITARY ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

Foreign Military Financing Program

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

Peacekeeping Operations

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

GENERAL PROVISIONS--THIS CHAPTER

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

(RESCISSION)

    SEC. 2102. The unexpended balance appropriated by Public Law 108-11 under the heading `Economic Support Fund' and made available for Turkey is rescinded.

    SEC. 2103. Section 559 of division D of Public Law 108-447 is amended by adding at the end the following:

    `(e) Subsequent to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and an investigation of the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program in fiscal year 2005 under the heading `Economic Support Fund'. The audit shall address--

      `(1) the extent to which such Program complies with the requirements of subsections (b) and (c), and

      `(2) an examination of all programs, projects, and activities carried out under such Program, including both obligations and expenditures.'.

    SEC. 2104. The Secretary of State shall submit to the Committees on Appropriations not later than 30 days after enactment, and prior to the initial obligation of funds appropriated under this chapter, a report on the proposed uses of all funds on a project-by-project basis, for which the obligation of funds is anticipated: Provided, That up to 10 percent of funds appropriated under this chapter may be obligated before the submission of the report subject to the normal notification procedures of the Committees on Appropriations: Provided further, That the report shall be updated and submitted to the Committees on Appropriations every six months and shall include information detailing how the estimates and assumptions contained in previous reports have changed: Provided further, That any new projects and increases in funding of ongoing projects shall be subject to the prior approval of the Committees on Appropriations: Provided further, That the Secretary of State shall submit to the Committees on Appropriations, not later than 210 days following enactment of this Act and annually thereafter, a report detailing on a project-by-project basis the expenditure of funds appropriated under this chapter until all funds have been fully expended.

    SEC. 2105. The Comptroller General of the United States shall conduct an audit of the use of all funds for the bilateral Afghanistan counternarcotics and alternative livelihood programs in fiscal year 2005 under the heading `Economic Support Fund' and `International Narcotics Control and Law Enforcement': Provided, That the audit shall include an examination of all programs, projects and activities carried out under such programs, including both obligations and expenditures.

    SEC. 2106. No later than 60 days after the date of enactment of this Act, the President shall submit a report to the Congress detailing--

      (1) information regarding the Palestinian security services, including their numbers, accountability, and chains of command, and steps taken to purge from their ranks individuals with ties to terrorist entities;

      (2) specific steps taken by the Palestinian Authority to dismantle the terrorist infrastructure, confiscate unauthorized weapons, arrest and bring terrorists to justice, destroy unauthorized arms factories, thwart and preempt terrorist attacks, and cooperate with Israel's security services;

      (3) specific actions taken by the Palestinian Authority to stop incitement in Palestinian Authority-controlled electronic and print media and in schools, mosques, and other institutions it controls, and to promote peace and coexistence with Israel;

      (4) specific steps the Palestinian Authority has taken to ensure democracy, the rule of law, and an independent judiciary, and transparent and accountable governance;

      (5) the Palestinian Authority's cooperation with United States officials in their investigations into the late Palestinian leader Yasser Arafat's finances; and

      (6) the amount of assistance pledged and actually provided to the Palestinian Authority by other donors:

    Provided, That not later than 180 days after enactment of this Act, the President shall submit to the Congress an update of this report: Provided further, That up to $5,000,000 of the funds made available for assistance to the West Bank and Gaza by this title under `Economic Support Fund' shall be used for an outside, independent evaluation by an internationally recognized accounting firm of the transparency and accountability of Palestinian Authority accounting procedures and an audit of expenditures by the Palestinian Authority: Provided further, That the waiver authority of section 550(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (Public Law 108-447) may not be exercised with respect to funds appropriated for assistance to the Palestinians under this chapter: Provided further, That the waiver detailed in Presidential Determination 2005-10 issued on December 8, 2004, shall not be extended to funds appropriated under this chapter.

CHAPTER 2

DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

Administration of Foreign Affairs

Diplomatic and Consular Programs

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

Embassy Security, Construction, and Maintenance

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

International Organizations

Contributions for International Peacekeeping Activities

(INCLUDING TRANSFER OF FUNDS)

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

RELATED AGENCY

Broadcasting Board of Governors

International Broadcasting Operations

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

CHAPTER 3

DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service

Public Law 480 Title II Grants

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

TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON TERROR

CHAPTER 1

DEPARTMENT OF ENERGY

NATIONAL NUCLEAR SECURITY ADMINISTRATION

Defense Nuclear Nonproliferation

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

CHAPTER 2

DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARD

Operating Expenses

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

Acquisition, Construction, and Improvements

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

CHAPTER 3

DEPARTMENT OF JUSTICE

Federal Bureau of Investigation

Salaries and Expenses

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

Drug Enforcement Administration

Salaries and Expenses

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

TITLE IV--INDIAN OCEAN TSUNAMI RELIEF

CHAPTER 1

FUNDS APPROPRIATED TO THE PRESIDENT

OTHER BILATERAL ASSISTANCE

Tsunami Recovery and Reconstruction Fund

(INCLUDING TRANSFERS OF FUNDS)

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

GENERAL PROVISION

    SEC. 4101. Amounts made available pursuant to section 492(b) of the Foreign Assistance Act of 1961 to address relief and rehabilitation needs for countries affected by the tsunami and earthquake of December 2004, prior to the enactment of this Act, shall be in addition to the amount that may be obligated in fiscal year 2005 under that section.

    SEC. 4102. The Secretary of State shall submit to the Committees on Appropriations not later than 30 days after enactment, and prior to the initial obligation of funds appropriated under this chapter, a report on the proposed uses of all funds on a project-by-project basis, for which the obligation of funds is anticipated: Provided, That up to 10 percent of funds appropriated under this chapter may be obligated before the submission of the report subject to the normal notification procedures of the Committees on Appropriations: Provided further, That the report shall be updated and submitted to the Committees on Appropriations every six months and shall include information detailing how the estimates and assumptions contained in previous reports have changed: Provided further, That any proposed new projects and increases in funding of ongoing projects shall be reported to the Committees on Appropriations in accordance with regular notification procedures: Provided further, That the Secretary of State shall submit to the Committees on Appropriations, not later than 210 days following enactment of this Act, and every six months thereafter, a report detailing on a project-by project basis, the expenditure of funds appropriated under this chapter until all funds have been fully expended.

CHAPTER 2

DEPARTMENT OF DEFENSE--MILITARY

OPERATION AND MAINTENANCE

Operation and Maintenance, Navy

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

Operation and Maintenance, Marine Corps

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

Operation and Maintenance, Air Force

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

Operation and Maintenance, Defense-Wide

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

Overseas Humanitarian, Disaster, and Civic Aid

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

CHAPTER 3

DEPARTMENT OF DEFENSE

Defense Health Program

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

CHAPTER 4

DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARD

Operating Expenses

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

CHAPTER 5

DEPARTMENT OF THE INTERIOR

UNITED STATES GEOLOGICAL SURVEY

Surveys, Investigations, and Research

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

CHAPTER 6

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

Operations, Research, and Facilities

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

Procurement, Acquisition and Construction

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

TITLE V--GENERAL PROVISIONS AND TECHNICAL CORRECTIONS

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

(INCLUDING TRANSFERS OF FUNDS)

    SEC. 5002. Notwithstanding any other provision of law, upon enactment of this Act, the Secretary of Defense shall make the following transfers of funds previously made available in the Department of Defense Appropriations Act, 2005 (Public Law 108-287): Provided, That the amounts transferred shall be made available for the same purpose and the same time period as the appropriation to which transferred: Provided further, That the authority provided in this section is in addition to any other transfer authority available to the Department of Defense: Provided further, That the amounts shall be transferred between the following appropriations, in the amounts specified:

        To:

          Under the heading, `Research, Development, Test and Evaluation, Air Force, 2005/2006', $500,000;

        From:

          Under the heading, `Other Procurement, Air Force', $500,000.

        To:

          Under the heading, `Other Procurement, Air Force, 2005/2007', $8,200,000;

        From:

          Under the heading, `Other Procurement, Navy, 2005/2007', $8,200,000.

    SEC. 5003. Funds appropriated by this Act may be obligated and expended notwithstanding section 15 of the State Department Basic Authorities Act of 1956, section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) and section 10 of Public Law 91-672 (22 U.S.C. 2412), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).

    SEC. 5004. The last proviso under the heading `Operation and Maintenance' in title I of division C of Public Law 108-447 is amended by striking `Public Law 108-357' and inserting `Public Law 108-137'.

    SEC. 5005. Section 101 of title I of division C of Public Law 108-447 is amended by striking `per project' and all that follows through the period at the end and inserting `for all applicable programs and projects not to exceed $80,000,000 in each fiscal year.'.

    SEC. 5006. The matter under the heading `Water and Related Resources' in title II of division C of Public Law 108-447 is amended by inserting before the period at the end the following: `: Provided further, That $4,023,000 of the funds appropriated under this heading shall be deposited in the San Gabriel Basin Restoration Fund established by section 110 of title I of division B of the Miscellaneous Appropriations Act, 2001 (as enacted into law by Public Law 106-554)'.

    SEC. 5007. In division C, title III of the Consolidated Appropriations Act, 2005 (Public Law 108-447), the item relating to `Department of Energy--Energy Programs--Nuclear Waste Disposal' is amended by--

      (1) inserting `to be derived from the Nuclear Waste Fund and' after `$346,000,000,'; and

      (2) striking `to conduct scientific oversight responsibilities and participate in licensing activities pursuant to the Act' and inserting `to participate in licensing activities and other appropriate activities pursuant to the Act'.

    SEC. 5008. Section 144(b)(2) of title I of division E of Public Law 108-447 is amended by striking `September 24, 2004' and inserting `November 12, 2004'.

    SEC. 5009. In the statement of the managers of the committee of conference accompanying H.R. 4818 (Public Law 108-447; House Report 108-792), in the matter in title III of division F, relating to the Fund for the Improvement of Education under the heading `Innovation and Improvement'--

      (1) the provision specifying $500,000 for the Mississippi Museum of Art, Jackson, MS for Hardy Middle School After School Program shall be deemed to read `Mississippi Museum of Art, Jackson, MS for a Mississippi Museum of Art After-School Collaborative';

      (2) the provision specifying $2,000,000 for the Milken Family Foundation, Santa Monica, CA, for the Teacher Advancement Program shall be deemed to read `Teacher Advancement Program Foundation, Santa Monica, CA for the Teacher Advancement Program';

      (3) the provision specifying $1,000,000 for Batelle for Kids, Columbus, OH for a multi-state effort to evaluate and learn the most effective ways for accelerating student academic growth shall be deemed to read `Battelle for Kids, Columbus, OH for a multi-state effort to implement, evaluate and learn the most effective ways for accelerating student academic growth';

      (4) the provision specifying $750,000 for the Institute of Heart Math, Boulder Creek, CO for a teacher retention and student dropout prevention program shall be deemed to read `Institute of Heart Math, Boulder Creek, CA for a teacher retention and student dropout prevention program';

      (5) the provision specifying $200,000 for Fairfax County Public Schools, Fairfax, VA for Chinese language programs in Franklin Sherman Elementary School and Chesterbrook Elementary School in McLean, Virginia shall be deemed to read `Fairfax County Public Schools, Fairfax, VA for Chinese language programs in Shrevewood Elementary School and Wolftrap Elementary School';

      (6) the provision specifying $1,250,000 for the University of Alaska/Fairbanks in Fairbanks, AK, working with the State of Alaska and Catholic Community Services, for the Alaska System for Early Education Development (SEED) shall be deemed to read `University of Alaska/Southeast in Juneau, AK, working with the State of Alaska and Catholic Community Services, for the Alaska System for Early Education Development (SEED)';

      (7) the provision specifying $25,000 for QUILL Productions, Inc., Aston, PA, to develop and disseminate programs to enhance the teaching of American history shall be deemed to read `QUILL Entertainment Company, Aston, PA, to develop and disseminate programs to enhance the teaching of American history';

      (8) the provision specifying $780,000 for City of St. Charles, MO for the St. Charles Foundry Arts Center in support of arts education shall be deemed to read `The Foundry Art Centre, St. Charles, Missouri for support of arts education in conjunction with the City of St. Charles, MO';

      (9) the provision specifying $100,000 for Community Arts Program, Chester, PA, for arts education shall be deemed to read `Chester Economic Development Authority, Chester, PA for a community arts program';

      (10) the provision specifying $100,000 for Kids with A Promise--The Bowery Mission, Bushkill, PA shall be deemed to read `Kids with A Promise--The Bowery Mission, New York, NY';

      (11) the provision specifying $50,000 for Great Projects Film Company, Inc., Washington, DC, to produce `Educating America', a documentary about the challenges facing our public schools shall be deemed to read `Great Projects Film Company, Inc., New York, NY, to produce `Educating America', a documentary about the challenges facing our public schools';

      (12) the provision specifying $30,000 for Summer Camp Opportunities Provide an Edge (SCOPE), New York, NY for YMCA Camps Skycrest, Speers and Elijabar shall be deemed to read `American Camping Association for Summer Camp Opportunities Provide an Edge (SCOPE), New York, NY for YMCA Camps Skycrest and Speers-Elijabar'; and

      (13) the provision specifying $163,000 for Space Education Initiatives, Green Bay, WI for the Wisconsin Space Science Initiative shall be deemed to read `Space Education Initiatives, De Pere, WI for the Wisconsin Space Science Initiative'.

    SEC. 5010. In the statement of the managers of the committee of conference accompanying H.R. 4818 (Public Law 108-447; House Report 108-792), in the matter in title III of division F, relating to the Fund for the Improvement of Postsecondary Education under the heading `Higher Education'--

      (1) the provision specifying $145,000 for the Belin-Blank Center at the University of Iowa, Iowa City, IA for the Big 10 school initiative to improve minority student access to Advanced Placement courses shall be deemed to read `University of Iowa, Iowa City, IA for the Iowa and Israel: Partners in Excellence program to enhance math and science opportunities to rural Iowa students';

      (2) the provision specifying $150,000 for Mercy College, Dobbs Ferry, NY for the development of a registered nursing program shall be deemed to read `Mercy College, Dobbs Ferry, NY, for the development of a master's degree program in nursing education, including marketing and recruitment activities';

      (3) the provision specifying $100,000 for University of Alaska/Southeast to develop distance education coursework for arctic engineering courses and programs shall be deemed to read `University of Alaska System Office to develop distance education coursework for arctic engineering courses and programs'; and

      (4) the provision specifying $100,000 for Culver-Stockton College, Canton, MO for equipment and technology shall be deemed to read `Moberly Area Community College, Moberly, MO for equipment and technology'.

    SEC. 5011. The matter under the heading `Corporation for National and Community Service--National and Community Service Programs Operating Expenses' in title III of division I of Public Law 108-447 is amended by inserting before the period at the end the following: `: Provided further, That the Corporation may use up to 1 percent of program grant funds made available under this heading to defray its costs of conducting grant application reviews, including the use of outside peer reviewers'.

    SEC. 5012. Section 114 of title I of division I of the Consolidated Appropriations Act, 2005 (Public Law 108-447) is amended by inserting before the period `and section 303 of Public Law 108-422'.

    SEC. 5013. Section 117 of title I of division I of the Consolidated Appropriations Act, 2005 (Public Law 108-447) is amended by striking `that are deposited into the Medical Care Collections Fund may be transferred and merged with' and inserting `may be deposited into the'.

    SEC. 5014. Section 1703(d)(2) of title 38, United States Code, is amended by striking `shall be available for the purposes' and inserting `shall be available, without fiscal limitation, for the purposes'.

    SEC. 5015. Section 621 of title VI of division B of Public Law 108-199 is amended by striking `of passenger, cargo and other aviation services'.

    SEC. 5016. Section 619(a) of title VI of division B of Public Law 108-447 is amended by striking `Asheville-Buncombe Technical Community College' and inserting `the International Small Business Institute'.

    SEC. 5017. (a) Section 619(a) of title VI of division B of Public Law 108-447 is amended by striking `for the continued modernization of the Mason Building'.

    (b) Section 621 of title VI of division B of Public Law 108-199, as amended by Public Law 108-447, is amended by striking `, for the continued modernization of the Mason Building'.

    SEC. 5018. The Department of Justice may transfer funds from any Department of Justice account to `Detention Trustee': Provided, That the notification requirement in section 605(b) of title VI of division B of Public Law 108-447 shall remain in effect for any such transfers.

    SEC. 5019. The referenced statement of managers under the heading `Community Development Fund' in title II of division K of Public Law 108-7 is deemed to be amended--

      (1) with respect to item number 39 by striking `Conference and Workforce Center in Harrison, Arkansas' and inserting `in Harrison, Arkansas for facilities construction of the North Arkansas College Health Sciences Education Center'; and

      (2) with respect to item number 316 by striking `for renovation of a visitor center to accommodate a Space and Flight Center' and inserting `to build-out the Prince George's County Economic Development and Business Assistance Center'.

    SEC. 5020. The referenced statement of the managers under the heading `Community Development Fund' in title II of division G of Public Law 108-199 is deemed to be amended--

      (1) with respect to item number 56 by striking `Conference and Training Center' and inserting `North Arkansas College Health Sciences Education Center';

      (2) with respect to item number 102 by striking `to the Town of Groveland, California for purchase of a youth center' and inserting `to the County of Tuolomne for the purchase of a new youth center in the mountain community of Groveland';

      (3) with respect to item number 218 by striking `for construction' and inserting `for design and engineering';

      (4) with respect to item number 472 by striking `for sidewalk, curbs and facade improvements in the Morton Avenue neighborhood' and inserting `for streetscape renovation'; and

      (5) with respect to item number 493 by striking `for land acquisition' and inserting `for planning and design of its Sports and Recreation Center and Education Complex'.

    SEC. 5021. The referenced statement of the managers under the heading `Community Development Fund' in title II of division I of Public Law 108-447 is deemed to be amended as follows--

      (1) with respect to item number 706 by striking ` a public swimming pool' and inserting `recreation fields';

      (2) with respect to item number 667 by striking `to the Town of Appomattox, Virginia for facilities construction of an African-American cultural and heritage museum at the Carver-Price building' and inserting `to the County of Appomattox, Virginia for renovation of the Carver-Price building';

      (3) with respect to item number 668 by striking `for the Town of South Boston, Virginia for renovations and creation of a community arts center at the Prizery' and inserting `for The Prizery in South Boston, Virginia for renovations and creation of a community arts center';

      (4) with respect to item number 669 by striking `for the City of Moneta, Virginia for facilities construction and renovations of an art, education, and community outreach center' and inserting `for the Moneta Arts, Education, and Community Outreach Center in Moneta, Virginia for facilities construction and renovations';

      (5) with respect to item number 910 by striking `repairs to' and inserting `renovation and construction of'; and

      (6) with respect to item number 902 by striking `City of Brooklyn' and inserting `Fifth Ave Committee in Brooklyn'.

    SEC. 5022. Section 308 of division B of Public Law 108-447 is amended by striking all after the words `shall be deposited', and inserting `as offsetting receipts to the fund established under 28 U.S.C. 1931 and shall remain available to the Judiciary until expended to reimburse any appropriation for the amount paid out of such appropriation for expenses of the Courts of Appeals, District Courts, and Other Judicial Services and the Administrative Offices of the United States Courts.'.

    SEC. 5023. Section 198 of division H of Public Law 108-447 is amended by inserting `under title 23 of the United States Code' after `law'.

    SEC. 5024. The District of Columbia Appropriations Act, 2005 (Public Law 108-335) approved October 18, 2004, is amended as follows:

      (1) Section 331 is amended as follows:

        (A) in the first sentence by striking the word `$15,000,000' and inserting `$42,000,000, to remain available until expended,' in its place; and

        (B) by amending paragraph (5) to read as follows:

      `(5) The amounts may be obligated or expended only if the Mayor notifies the Committees on Appropriations of the House of Representatives and Senate in writing 30 days in advance of any obligation or expenditure.'.

      (2) By inserting a new section before the short title at the end to read as follows:

    `SEC. 348. The amount appropriated by this Act may be increased by an additional amount of $206,736,000 (including $49,927,000 from local funds and $156,809,000 from other funds) to be transferred by the Mayor of the District of Columbia to the various headings under this Act as follows:

      `(1) $174,927,000 (including $34,927,000 from local funds, and $140,000,000 from other funds) shall be transferred under the heading `Government Direction and Support': Provided, That of the funds, $33,000,000 from local funds shall remain available until expended: Provided further, That of the funds, $140,000,000 from other funds shall remain available until expended and shall only be available in conjunction with revenue from a private or alternative financing proposal approved pursuant to section 106 of DC Act 15-717, the `Ballpark Omnibus Financing and Revenue Act of 2004' approved by the District of Columbia, December 29, 2004, and

      `(2) $15,000,000 from local funds shall be transferred under the heading `Repayment of Loans and Interest', and

      `(3) $14,000,000 from other funds shall be transferred under the heading `Sports and Entertainment Commission', and

      `(4) $2,809,000 from other funds shall be transferred under the heading `Water and Sewer Authority'.'.

TITLE VI--

HUMANITARIAN ASSISTANCE CODE OF CONDUCT

SEC. 6001. SHORT TITLE.

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

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

    (a) Prohibition- None of the funds made available for foreign operations, export financing, and related programs under the headings `Migration and Refugee Assistance', `United States Emergency Refugee and Migration Assistance Fund', `International Disaster and Famine Assistance', or `Transition Initiatives' may be obligated to an organization that fails to adopt a code of conduct that provides for the protection of beneficiaries of assistance under any such heading from sexual exploitation and abuse in humanitarian relief operations.

    (b) Six Core Principles- The code of conduct referred to in subsection (a) shall, to the maximum extent practicable, be consistent with the following six core principles of the United Nations Inter-Agency Standing Committee Task Force on Protection From Sexual Exploitation and Abuse in Humanitarian Crises:

      (1) `Sexual exploitation and abuse by humanitarian workers constitute acts of gross misconduct and are therefore grounds for termination of employment.'.

      (2) `Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of majority or age of consent locally. Mistaken belief regarding the age of a child is not a defense.'.

      (3) `Exchange of money, employment, goods, or services for sex, including sexual favors or other forms of humiliating, degrading or exploitative behavior, is prohibited. This includes exchange of assistance that is due to beneficiaries.'.

      (4) `Sexual relationships between humanitarian workers and beneficiaries are strongly discouraged since they are based on inherently unequal power dynamics. Such relationships undermine the credibility and integrity of humanitarian aid work.'.

      (5) `Where a humanitarian worker develops concerns or suspicions regarding sexual abuse or exploitation by a fellow worker, whether in the same agency or not, he or she must report such concerns via established agency reporting mechanisms.'.

      (6) `Humanitarian agencies are obliged to create and maintain an environment which prevents sexual exploitation and abuse and promotes the implementation of their code of conduct. Managers at all levels have particular responsibilities to support and develop systems which maintain this environment.'.

SEC. 6003. REPORT.

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

SEC. 6004. EFFECTIVE DATE; APPLICABILITY.

    This title--

      (1) takes effect 60 days after the date of the enactment of this Act; and

      (2) applies to funds obligated after the effective date referred to in paragraph (1)--

        (A) for fiscal year 2005; and

        (B) any subsequent fiscal year.

TITLE VII--ADDITIONAL GENERAL PROVISIONS

    SEC. 7001. None of the funds made available in this Act may be used for embassy security, construction, and maintenance.

    SEC. 7002. None of the funds made available in this Act may be used to fund any contract in contravention of section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)).

    SEC. 7003. None of the funds made available in this Act may be used in contravention of the following laws enacted or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984):

      (1) Section 2340A of title 18, United States Code.

      (2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105-277; 112 Stat. 2681-822; 8 U.S.C. 1231 note) and any regulations prescribed thereto, including regulations under part 208 of title 8, Code of Federal Regulations, and part 95 of title 22, Code of Federal Regulations.

    This division may be cited as the `Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005'.

DIVISION B--REAL ID ACT OF 2005

SECTION 1. SHORT TITLE.

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

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

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

    (a) Conditions for Granting Asylum- Section 208(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)) is amended--

      (1) by striking `The Attorney General' the first place such term appears and inserting the following:

        `(A) ELIGIBILITY- The Secretary of Homeland Security or the Attorney General';

      (2) by striking `the Attorney General' the second and third places such term appears and inserting `the Secretary of Homeland Security or the Attorney General'; and

      (3) by adding at the end the following:

        `(B) BURDEN OF PROOF-

          `(i) IN GENERAL- The burden of proof is on the applicant to establish that the applicant is a refugee, within the meaning of section 101(a)(42)(A). To establish that the applicant is a refugee within the meaning of such section, the applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be a central reason for persecuting the applicant.

          `(ii) SUSTAINING BURDEN- The testimony of the applicant may be sufficient to sustain the applicant's burden without corroboration, but only if the applicant satisfies the trier of fact that the applicant's testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant is a refugee. In determining whether the applicant has met the applicant's burden, the trier of fact may weigh the credible testimony along with other evidence of record. Where the trier of fact determines, in the trier of fact's discretion, that the applicant should provide evidence which corroborates otherwise credible testimony, such evidence must be provided unless the applicant does not have the evidence and cannot reasonably obtain the evidence without departing the United States. The inability to obtain corroborating evidence does not excuse the applicant from meeting the applicant's burden of proof.

          `(iii) CREDIBILITY DETERMINATION- The trier of fact should consider all relevant factors and may, in the trier of fact's discretion, base the trier of fact's credibility determination on any such factor, including the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant's or witness's account, the consistency between the applicant's or witness's written and oral statements (whenever made and whether or not made under oath), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant's claim. There is no presumption of credibility.'.

    (b) Withholding of Removal- Section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is amended by adding at the end the following:

        `(C) SUSTAINING BURDEN OF PROOF; CREDIBILITY DETERMINATIONS- In determining whether an alien has demonstrated that the alien's life or freedom would be threatened for a reason described in subparagraph (A), the trier of fact shall determine whether the alien has sustained the alien's burden of proof, and shall make credibility determinations, in the manner described in clauses (ii) and (iii) of section 208(b)(1)(B).'.

    (c) Other Requests for Relief From Removal- Section 240(c) of the Immigration and Nationality Act (8 U.S.C. 1230(c)) is amended--

      (1) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; and

      (2) by inserting after paragraph (3) the following:

      `(4) APPLICATIONS FOR RELIEF FROM REMOVAL-

        `(A) IN GENERAL- An alien applying for relief or protection from removal has the burden of proof to establish that the alien--

          `(i) satisfies the applicable eligibility requirements; and

          `(ii) with respect to any form of relief that is granted in the exercise of discretion, that the alien merits a favorable exercise of discretion.

        `(B) SUSTAINING BURDEN- The applicant must comply with the applicable requirements to submit information or documentation in support of the applicant's application for relief or protection as provided by law or by regulation or in the instructions for the application form. In evaluating the testimony of the applicant or other witness in support of the application, the immigration judge will determine whether or not the testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant has satisfied the applicant's burden of proof. In determining whether the applicant has met such burden, the immigration judge shall weigh the credible testimony along with other evidence of record. Where the immigration judge determines in the judge's discretion that the applicant should provide evidence which corroborates otherwise credible testimony, such evidence must be provided unless the applicant demonstrates that the applicant does not have the evidence and cannot reasonably obtain the evidence without departing from the United States. The inability to obtain corroborating evidence does not excuse the applicant from meeting the burden of proof.

        `(C) CREDIBILITY DETERMINATION- The immigration judge should consider all relevant factors and may, in the judge's discretion, base the judge's credibility determination on any such factor, including the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant's or witness's account, the consistency between the applicant's or witness's written and oral statements (whenever made and whether or not made under oath), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant's claim. There is no presumption of credibility.'.

    (d) Standard of Review for Orders of Removal- Section 242(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended by adding at the end, after subparagraph (D), the following: `No court shall reverse a determination made by a trier of fact with respect to the availability of corroborating evidence, as described in section 208(b)(1)(B), 240(c)(4)(B), or 241(b)(3)(C), unless the court finds that a reasonable trier of fact is compelled to conclude that such corroborating evidence is unavailable.'.

    (e) Clarification of Discretion- Section 242(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) is amended--

      (1) by inserting `or the Secretary of Homeland Security' after `Attorney General' each place such term appears; and

      (2) in the matter preceding clause (i), by inserting `and regardless of whether the judgment, decision, or action is made in removal proceedings,' after `other provision of law,'.

    (f) Removal of Caps- Section 209 of the Immigration and Nationality Act (8 U.S.C. 1159) is amended--

      (1) in subsection (a)(1)--

        (A) by striking `Service' and inserting `Department of Homeland Security'; and

        (B) by striking `Attorney General' each place such term appears and inserting `Secretary of Homeland Security or the Attorney General';

      (2) in subsection (b)--

        (A) by striking `Not more' and all that follows through `asylum who--' and inserting `The Secretary of Homeland Security or the Attorney General, in the Secretary's or the Attorney General's discretion and under such regulations as the Secretary or the Attorney General may prescribe, may adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who--'; and

        (B) in the matter following paragraph (5), by striking `Attorney General' and inserting `Secretary of Homeland Security or the Attorney General'; and

      (3) in subsection (c), by striking `Attorney General' and inserting `Secretary of Homeland Security or the Attorney General'.

    (g) Effective Dates-

      (1) The amendments made by paragraphs (1) and (2) of subsection (a) shall take effect as if enacted on March 1, 2003.

      (2) The amendments made by subsections (a)(3), (b), and (c) shall take effect on the date of the enactment of this division and shall apply to applications for asylum, withholding, or other removal made on or after such date.

      (3) The amendment made by subsection (d) shall take effect on the date of the enactment of this division and shall apply to all cases in which the final administrative removal order is or was issued before, on, or after such date.

      (4) The amendments made by subsection (e) shall take effect on the date of the enactment of this division and shall apply to all cases pending before any court on or after such date.

      (5) The amendments made by subsection (f) shall take effect on the date of the enactment of this division.

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

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

    Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended to read as follows:

    `(c) Waiver-

      `(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive, and shall waive, all laws such Secretary, in such Secretary's sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section.

      `(2) NO JUDICIAL REVIEW- Notwithstanding any other provision of law (statutory or nonstatutory), no court, administrative agency, or other entity shall have jurisdiction--

        `(A) to hear any cause or claim arising from any action undertaken, or any decision made, by the Secretary of Homeland Security pursuant to paragraph (1); or

        `(B) to order compensatory, declaratory, injunctive, equitable, or any other relief for damage alleged to arise from any such action or decision.'.

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

    (a) In General- So much of section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) as precedes the final sentence is amended to read as follows:

          `(i) IN GENERAL- Any alien who--

            `(I) has engaged in a terrorist activity;

            `(II) a consular officer, the Attorney General, or the Secretary of Homeland Security knows, or has reasonable ground to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in clause (iv));

            `(III) has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity;

            `(IV) is a representative (as defined in clause (v)) of--

`(aa) a terrorist organization (as defined in clause (vi)); or

`(bb) a political, social, or other group that endorses or espouses terrorist activity;

            `(V) is a member of a terrorist organization described in subclause (I) or (II) of clause (vi);

            `(VI) is a member of a terrorist organization described in clause (vi)(III), unless the alien can demonstrate by clear and convincing evidence that the alien did not know, and should not reasonably have known, that the organization was a terrorist organization;

            `(VII) endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization;

            `(VIII) has received military-type training (as defined in section 2339D(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization (as defined in clause (vi)); or

            `(IX) is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years,

          is inadmissible.'.

    (b) Engage in Terrorist Activity Defined- Section 212(a)(3)(B)(iv) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended to read as follows:

          `(iv) ENGAGE IN TERRORIST ACTIVITY DEFINED- As used in this Act, the term `engage in terrorist activity' means, in an individual capacity or as a member of an organization--

            `(I) to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity;

            `(II) to prepare or plan a terrorist activity;

            `(III) to gather information on potential targets for terrorist activity;

            `(IV) to solicit funds or other things of value for--

`(aa) a terrorist activity;

`(bb) a terrorist organization described in clause (vi)(I) or (vi)(II); or

`(cc) a terrorist organization described in clause (vi)(III), unless the solicitor can demonstrate by clear and convincing evidence that he did not know, and should not reasonably have known, that the organization was a terrorist organization;

            `(V) to solicit any individual--

`(aa) to engage in conduct otherwise described in this subsection;

`(bb) for membership in a terrorist organization described in clause (vi)(I) or (vi)(II); or

`(cc) for membership in a terrorist organization described in clause (vi)(III) unless the solicitor can demonstrate by clear and convincing evidence that he did not know, and should not reasonably have known, that the organization was a terrorist organization; or

            `(VI) to commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training--

`(aa) for the commission of a terrorist activity;

`(bb) to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity;

`(cc) to a terrorist organization described in subclause (I) or (II) of clause (vi) or to any member of such an organization; or

`(dd) to a terrorist organization described in clause (vi)(III), or to any member of such an organization, unless the actor can demonstrate by clear and convincing evidence that the actor did not know, and should not reasonably have known, that the organization was a terrorist organization.

          This clause shall not apply to any material support the alien afforded to an organization or individual that has committed terrorist activity, if the Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the Attorney General, after consultation with the Secretary of State and the Secretary of Homeland Security, concludes in his sole unreviewable discretion, that this clause should not apply.'.

    (c) Terrorist Organization Defined- Section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)) is amended to read as follows:

          `(vi) TERRORIST ORGANIZATION DEFINED- As used in this section, the term `terrorist organization' means an organization--

            `(I) designated under section 219;

            `(II) otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General or the Secretary of Homeland Security, as a terrorist organization, after finding that the organization engages in the activities described in subclauses (I) through (VI) of clause (iv); or

            `(III) that is a group of two or more individuals, whether organized or not, which engages in, or has a subgroup which engages in, the activities described in subclauses (I) through (VI) of clause (iv).'.

    (d) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this division, and these amendments, and section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), as amended by this section, shall apply to--

      (1) removal proceedings instituted before, on, or after the date of the enactment of this division; and

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

SEC. 104. REMOVAL OF TERRORISTS.

    (a) In General-

      (1) IN GENERAL- Section 237(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended to read as follows:

        `(B) TERRORIST ACTIVITIES- Any alien who is described in subparagraph (B) or (F) of section 212(a)(3) is deportable.'.

      (2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on the date of the enactment of this division, and the amendment, and section 237(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)), as amended by such paragraph, shall apply to--

        (A) removal proceedings instituted before, on, or after the date of the enactment of this division; and

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

    (b) Repeal- Effective as of the date of the enactment of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458), section 5402 of such Act is repealed, and the Immigration and Nationality Act shall be applied as if such section had not been enacted.

SEC. 105. JUDICIAL REVIEW OF ORDERS OF REMOVAL.

    (a) In General- Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended--

      (1) in subsection (a)--

        (A) in paragraph (2)--

          (i) in subparagraph (A), by inserting `(statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title' after `Notwithstanding any other provision of law';

          (ii) in each of subparagraphs (B) and (C), by inserting `(statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, and except as provided in subparagraph (D)' after `Notwithstanding any other provision of law'; and

          (iii) by adding at the end the following:

        `(D) JUDICIAL REVIEW OF CERTAIN LEGAL CLAIMS- Nothing in subparagraph (B) or (C), or in any other provision of this Act which limits or eliminates judicial review, shall be construed as precluding review of constitutional claims or pure questions of law raised upon a petition for review filed with an appropriate court of appeals in accordance with this section.'; and

        (B) by adding at the end the following:

      `(4) CLAIMS UNDER THE UNITED NATIONS CONVENTION- Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, a petition for review filed with an appropriate court of appeals in accordance with this section shall be the sole and exclusive means for judicial review of any cause or claim under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment, except as provided in subsection (e).

      `(5) EXCLUSIVE MEANS OF REVIEW- Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, a petition for review filed with an appropriate court of appeals in accordance with this section shall be the sole and exclusive means for judicial review of an order of removal entered or issued under any provision of this Act, except as provided in subsection (e). For purposes of this Act, in every provision that limits or eliminates judicial review or jurisdiction to review, the terms `judicial review' and `jurisdiction to review' include habeas corpus review pursuant to section 2241 of title 28, United States Code, or any other habeas corpus provision, sections 1361 and 1651 of such title, and review pursuant to any other provision of law (statutory or nonstatutory).';

      (2) in subsection (b)--

        (A) in paragraph (3)(B), by inserting `pursuant to subsection (f)' after `unless'; and

        (B) in paragraph (9), by adding at the end the following: `Except as otherwise provided in this section, no court shall have jurisdiction, by habeas corpus under section 2241 of title 28, United States Code, or any other habeas corpus provision, by section 1361 or 1651 of such title, or by any other provision of law (statutory or nonstatutory), to review such an order or such questions of law or fact.'; and

      (3) in subsection (g), by inserting `(statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title' after `notwithstanding any other provision of law'.

    (b) Effective Date- The amendments made by subsection (a) shall take effect upon the date of the enactment of this division and shall apply to cases in which the final administrative order of removal, deportation, or exclusion was issued before, on, or after the date of the enactment of this division.

    (c) Transfer of Cases- If an alien's case, brought under section 2241 of title 28, United States Code, and challenging a final administrative order of removal, deportation, or exclusion, is pending in a district court on the date of the enactment of this division, then the district court shall transfer the case (or the part of the case that challenges the order of removal, deportation, or exclusion) to the court of appeals for the circuit in which a petition for review could have been properly filed under section 242(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1252), as amended by this section, or under section 309(c)(4)(D) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note). The court of appeals shall treat the transferred case as if it had been filed pursuant to a petition for review under such section 242, except that subsection (b)(1) of such section shall not apply.

    (d) Transitional Rule Cases- A petition for review filed under former section 106(a) of the Immigration and Nationality Act (as in effect before its repeal by section 306(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1252 note)) shall be treated as if it had been filed as a petition for review under section 242 of the Immigration and Nationality Act (8 U.S.C. 1252), as amended by this section. Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, such petition for review shall be the sole and exclusive means for judicial review of an order of deportation or exclusion.

SEC. 106. DELIVERY BONDS.

    (a) Definitions- For purposes of this section:

      (1) DELIVERY BOND- The term `delivery bond' means a written suretyship undertaking for the surrender of an individual against whom the Department of Homeland Security has issued an order to show cause or a notice to appear, the performance of which is guaranteed by an acceptable surety on Federal bonds.

      (2) PRINCIPAL- The term `principal' means an individual who is the subject of a bond.

      (3) SURETYSHIP UNDERTAKING- The term `suretyship undertaking' means a written agreement, executed by a bonding agent on behalf of a surety, which binds all parties to its certain terms and conditions and which provides obligations for the principal and the surety while under the bond and penalties for forfeiture to ensure the obligations of the principal and the surety under the agreement.

      (4) BONDING AGENT- The term `bonding agent' means any individual properly licensed, approved, and appointed by power of attorney to execute or countersign surety bonds in connection with any matter governed by the Immigration and Nationality Act as amended (8 U.S.C. 1101, et seq.), and who receives a premium for executing or countersigning such surety bonds.

      (5) SURETY- The term `surety' means an entity, as defined by, and that is in compliance with, sections 9304 through 9308 of title 31, United States Code, that agrees--

        (A) to guarantee the performance, where appropriate, of the principal under a bond;

        (B) to perform the bond as required; and

        (C) to pay the face amount of the bond as a penalty for failure to perform.

    (b) Validity, Agent not Co-Obligor, Expiration, Renewal, and Cancellation of Bonds-

      (1) VALIDITY- Delivery bond undertakings are valid if such bonds--

        (A) state the full, correct, and proper name of the alien principal;

        (B) state the amount of the bond;

        (C) are guaranteed by a surety and countersigned by an agent who is properly appointed;

        (D) bond documents are properly executed; and

        (E) relevant bond documents are properly filed with the Secretary of Homeland Security.

      (2) BONDING AGENT NOT CO-OBLIGOR, PARTY, OR GUARANTOR IN INDIVIDUAL CAPACITY, AND NO REFUSAL IF ACCEPTABLE SURETY- Section 9304(b) of title 31, United States Code, is amended by adding at the end the following: `Notwithstanding any other provision of law, no bonding agent of a corporate surety shall be required to execute bonds as a co-obligor, party, or guarantor in an individual capacity on bonds provided by the corporate surety, nor shall a corporate surety bond be refused if the corporate surety appears on the current Treasury Department Circular 570 as a company holding a certificate of authority as an acceptable surety on Federal bonds and attached to the bond is a currently valid instrument showing the authority of the bonding agent of the surety company to execute the bond.'.

      (3) EXPIRATION- A delivery bond undertaking shall expire at the earliest of--

        (A) 1 year from the date of issue;

        (B) at the cancellation of the bond or surrender of the principal; or

        (C) immediately upon nonpayment of the renewal premium.

      (4) RENEWAL- Delivery bonds may be renewed annually, with payment of proper premium to the surety, if there has been no breach of conditions, default, claim, or forfeiture of the bond. Notwithstanding any renewal, when the alien is surrendered to the Secretary of Homeland Security for removal, the Secretary shall cause the bond to be canceled.

      (5) CANCELLATION- Delivery bonds shall be canceled and the surety exonerated--

        (A) for nonrenewal after the alien has been surrendered to the Department of Homeland Security for removal;

        (B) if the surety or bonding agent provides reasonable evidence that there was misrepresentation or fraud in the application for the bond;

        (C) upon the death or incarceration of the principal, or the inability of the surety to produce the principal for medical reasons;

        (D) if the principal is detained by any law enforcement agency of any State, county, city, or any politial subdivision thereof;

        (E) if it can be established that the alien departed the United States of America for any reason without permission of the Secretary of Homeland Security, the surety, or the bonding agent;

        (F) if the foreign state of which the principal is a national is designated pursuant to section 244 of the Act (8 U.S.C. 1254a) after the bond is posted; or

        (G) if the principal is surrendered to the Department of Homeland Security, removal by the surety or the bonding agent.

      (6) SURRENDER OF PRINCIPAL; FORFEITURE OF BOND PREMIUM-

        (A) SURRENDER- At any time, before a breach of any of the bond conditions, if in the opinion of the surety or bonding agent, the principal becomes a flight risk, the principal may be surrendered to the Department of Homeland Security for removal.

        (B) FORFEITURE OF BOND PREMIUM- A principal may be surrendered without the return of any bond premium if the principal--

          (i) changes address without notifying the surety, the bonding agent, and the Secretary of Homeland Security in writing prior to such change;

          (ii) hides or is concealed from a surety, a bonding agent, or the Secretary;

          (iii) fails to report to the Secretary as required at least annually; or

          (iv) violates the contract with the bonding agent or surety, commits any act that may lead to a breach of the bond, or otherwise violates any other obligation or condition of the bond established by the Secretary.

      (7) CERTIFIED COPY OF BOND AND ARREST WARRANT TO ACCOMPANY SURRENDER-

        (A) IN GENERAL- A bonding agent or surety desiring to surrender the principal--

          (i) shall have the right to petition the Secretary of Homeland Security or any Federal court, without having to pay any fees or court costs, for an arrest warrant for the arrest of the principal;

          (ii) shall forthwith be provided 2 certified copies each of the arrest warrant and the bond undertaking, without having to pay any fees or courts costs; and

          (iii) shall have the right to pursue, apprehend, detain, and surrender the principal, together with certified copies of the arrest warrant and the bond undertaking, to any Department of Homeland Security detention official or Department detention facility or any detention facility authorized to hold Federal detainees.

        (B) EFFECTS OF DELIVERY- Upon surrender of a principal under subparagraph (A)(iii)--

          (i) the official to whom the principal is surrendered shall detain the principal in custody and issue a written certificate of surrender; and

          (ii) the Secretary of Homeland Security shall immediately exonerate the surety from any further liability on the bond.

      (8) FORM OF BOND- Delivery bonds shall in all cases state the following and be secured by a corporate surety that is certified as an acceptable surety on Federal bonds and whose name appears on the current Treasury Department Circular 570:

        `(A) BREACH OF BOND; PROCEDURE, FORFEITURE, NOTICE-

          `(i) If a principal violates any conditions of the delivery bond, or the principal is or becomes subject to a final administrative order of deportation or removal, the Secretary of Homeland Security shall--

            `(I) immediately issue a warrant for the principal's arrest and enter that arrest warrant into the National Crime Information Center (NCIC) computerized information database;

            `(II) order the bonding agent and surety to take the principal into custody and surrender the principal to any one of 10 designated Department of Homeland Security `turn-in' centers located nationwide in the areas of greatest need, at any time of day during 15 months after mailing the arrest warrant and the order to the bonding agent and the surety as required by subclause (III), and immediately enter that order into the National Crime Information Center (NCIC) computerized information database; and

            `(III) mail 2 certified copies each of the arrest warrant issued pursuant to subclause (I) and 2 certified copies each of the order issued pursuant to subclause (II) to only the bonding agent and surety via certified mail return receipt to their last known addresses.

          `(ii) Bonding agents and sureties shall immediately notify the Secretary of Homeland Security of their changes of address and/or telephone numbers.

          `(iii) The Secretary of Homeland Security shall establish, disseminate to bonding agents and sureties, and maintain on a current basis a secure nationwide toll-free list of telephone numbers of Department of Homeland Security officials, including the names of such officials, that bonding agents, sureties, and their employees may immediately contact at any time to discuss and resolve any issue regarding any principal or bond, to be known as `Points of Contact'.

          `(iv) A bonding agent or surety shall have full and complete access, free of charge, to any and all information, electronic or otherwise, in the care, custody, and control of the United States Government or any State or local government or any subsidiary or police agency thereof regarding the principal that may be helpful in complying with section 105 of the REAL ID Act of 2005 that the Secretary of Homeland Security, by regulations subject to approval by Congress, determines may be helpful in locating or surrendering the principal. Beyond the principal, a bonding agent or surety shall not be required to disclose any information, including but not limited to the arrest warrant and order, received from any governmental source, any person, firm, corporation, or other entity.

          `(v) If the principal is later arrested, detained, or otherwise located outside the United States and the outlying possessions of the United States (as defined in section 101(a) of the Immigration and Nationality Act), the Secretary of Homeland Security shall--

            `(I) immediately order that the surety is completely exonerated, and the bond canceled; and

            `(II) if the Secretary of Homeland Security has issued an order under clause (i), the surety may request, by written, properly filed motion, reinstatement of the bond. This subclause may not be construed to prevent the Secretary of Homeland Security from revoking or resetting a bond at a higher amount.

          `(vi) The bonding agent or surety must--

            `(I) during the 15 months after the date the arrest warrant and order were mailed pursuant to clause (i)(III) surrender the principal one time; or

            `(II)(aa) provide reasonable evidence that producing the principal was prevented--

`(aaa) by the principal's illness or death;

`(bbb) because the principal is detained in custody in any city, State, country, or any political subdivision thereof;

`(ccc) because the principal has left the United States or its outlying possessions (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)); or

`(ddd) because required notice was not given to the bonding agent or surety; and

            `(bb) establish by affidavit that the inability to produce the principal was not with the consent or connivance of the bonding agent or surety.

          `(vii) If compliance occurs more than 15 months but no more than 18 months after the mailing of the arrest warrant and order to the bonding agent and the surety required under clause (i)(III), an amount equal to 25 percent of the face amount of the bond shall be assessed as a penalty against the surety.

          `(viii) If compliance occurs more than 18 months but no more than 21 months after the mailing of the arrest warrant and order to the bonding agent and the surety required under clause (i)(III), an amount equal to 50 percent of the face amount of the bond shall be assessed as a penalty against the surety.

          `(ix) If compliance occurs more than 21 months but no more than 24 months after the mailing of the arrest warrant and order to the bonding agent and the surety required under clause (i)(III), an amount equal to 75 percent of the face amount of the bond shall be assessed as a penalty against the surety.

          `(x) If compliance occurs 24 months or more after the mailing of the arrest warrant and order to the bonding agent and the surety required under clause (i)(III), an amount equal to 100 percent of the face amount of the bond shall be assessed as a penalty against the surety.

          `(xi) If any surety surrenders any principal to the Secretary of Homeland Security at any time and place after the period for compliance has passed, the Secretary of Homeland Security shall cause to be issued to that surety an amount equal to 50 percent of the face amount of the bond: Provided, however, That if that surety owes any penalties on bonds to the United States, the amount that surety would otherwise receive shall be offset by and applied as a credit against the amount of penalties on bonds it owes the United States, and then that surety shall receive the remainder of the amount to which it is entitled under this subparagraph, if any.

          `(xii) All penalties assessed against a surety on a bond, if any, shall be paid by the surety no more than 27 months after the mailing of the arrest warrant and order to the bonding agent and the surety required under clause (i)(III).

        `(B) The Secretary of Homeland Security may waive penalties or extend the period for payment or both, if--

          `(i) a written request is filed with the Secretary of Homeland Security; and

          `(ii) the bonding agent or surety provides an affidavit that diligent efforts were made to effect compliance of the principal.

        `(C) COMPLIANCE; EXONERATION; LIMITATION OF LIABILITY-

          `(i) COMPLIANCE- A bonding agent or surety shall have the absolute right to locate, apprehend, arrest, detain, and surrender any principal, wherever he or she may be found, who violates any of the terms and conditions of his or her bond.

          `(ii) EXONERATION- Upon satisfying any of the requirements of the bond, the surety shall be completely exonerated.

          `(iii) LIMITATION OF LIABILITY- Notwithstanding any other provision of law, the total liability on any surety undertaking shall not exceed the face amount of the bond.'.

    (c) Effective Date- The provisions of this section shall take effect on the date of the enactment of this division and shall apply to bonds and surety undertakings executed before, on, or after the date of the enactment of this division.

SEC. 107. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.

    (a) In General- Section 236(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1226(a)(2)) is amended to read as follows:

      `(2) subject to such reasonable regulations as the Secretary of Homeland Security may prescribe, shall permit agents, servants, and employees of corporate sureties to visit in person with individuals detained by the Secretary of and, subject to section 241(a)(8), may release the alien on a delivery bond of at least $10,000, with security approved by the Secretary, and containing conditions and procedures prescribed by section 105 of the REAL ID Act of 2005 and by the Secretary, but the Secretary shall not release the alien on or to his own recognizance unless an order of an immigration judge expressly finds and states in a signed order to release the alien to his own recognizance that the alien is not a flight risk and is not a threat to the United States'.

    (b) Repeal- Section 286(r) of the Immigration and Nationality Act (8 U.S.C. 1356(r)) is repealed.

    (c) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this division.

SEC. 108. DETENTION OF ALIENS DELIVERED BY BONDSMEN.

    (a) In General- Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended by adding at the end the following:

      `(8) EFFECT OF PRODUCTION OF ALIEN BY BONDSMAN- Notwithstanding any other provision of law, the Secretary of Homeland Security shall take into custody any alien subject to a final order of removal, and cancel any bond previously posted for the alien, if the alien is produced within the prescribed time limit by the obligor on the bond whether or not the Department of Homeland Security accepts custody of the alien. The obligor on the bond shall be deemed to have substantially performed all conditions imposed by the terms of the bond, and shall be released from liability on the bond, if the alien is produced within such time limit.'.

    (b) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this division and shall apply to all immigration bonds posted before, on, or after such date.

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

SEC. 201. DEFINITIONS.

    In this title, the following definitions apply:

      (1) DRIVER'S LICENSE- The term `driver's license' means a motor vehicle operator's license, as defined in section 30301 of title 49, United States Code.

      (2) IDENTIFICATION CARD- The term `identification card' means a personal identification card, as defined in section 1028(d) of title 18, United States Code, issued by a State.

      (3) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.

      (4) STATE- The term `State' means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.

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

    (a) Minimum Standards for Federal Use-

      (1) IN GENERAL- Beginning 3 years after the date of the enactment of this division, a Federal agency may not accept, for any official purpose, a driver's license or identification card issued by a State to any person unless the State is meeting the requirements of this section.

      (2) STATE CERTIFICATIONS- The Secretary shall determine whether a State is meeting the requirements of this section based on certifications made by the State to the Secretary of Transportation. Such certifications shall be made at such times and in such manner as the Secretary of Transportation, in consultation with the Secretary of Homeland Security, may prescribe by regulation.

    (b) Minimum Document Requirements- To meet the requirements of this section, a State shall include, at a minimum, the following information and features on each driver's license and identification card issued to a person by the State:

      (1) The person's full legal name.

      (2) The person's date of birth.

      (3) The person's gender.

      (4) The person's driver's license or identification card number.

      (5) A digital photograph of the person.

      (6) The person's address of principle residence.

      (7) The person's signature.

      (8) Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes.

      (9) A common machine-readable technology, with defined minimum data elements.

    (c) Minimum Issuance Standards-

      (1) IN GENERAL- To meet the requirements of this section, a State shall require, at a minimum, presentation and verification of the following information before issuing a driver's license or identification card to a person:

        (A) A photo identity document, except that a non-photo identity document is acceptable if it includes both the person's full legal name and date of birth.

        (B) Documentation showing the person's date of birth.

        (C) Proof of the person's social security account number or verification that the person is not eligible for a social security account number.

        (D) Documentation showing the person's name and address of principal residence.

      (2) SPECIAL REQUIREMENTS-

        (A) IN GENERAL- To meet the requirements of this section, a State shall comply with the minimum standards of this paragraph.

        (B) EVIDENCE OF LAWFUL STATUS- A State shall require, before issuing a driver's license or identification card to a person, valid documentary evidence that the person--

          (i) is a citizen of the United States;

          (ii) is an alien lawfully admitted for permanent or temporary residence in the United States;

          (iii) has conditional permanent resident status in the United States;

          (iv) has an approved application for asylum in the United States or has entered into the United States in refugee status;

          (v) has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;

          (vi) has a pending application for asylum in the United States;

          (vii) has a pending or approved application for temporary protected status in the United States;

          (viii) has approved deferred action status; or

          (ix) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.

        (C) TEMPORARY DRIVERS' LICENSES AND IDENTIFICATION CARDS-

          (i) IN GENERAL- If a person presents evidence under any of clauses (v) through (ix) of subparagraph (B), the State may only issue a temporary driver's license or temporary identification card to the person.

          (ii) EXPIRATION DATE- A temporary driver's license or temporary identification card issued pursuant to this subparagraph shall be valid only during the period of time of the applicant's authorized stay in the United States or, if there is no definite end to the period of authorized stay, a period of one year.

          (iii) DISPLAY OF EXPIRATION DATE- A temporary driver's license or temporary identification card issued pursuant to this subparagraph shall clearly indicate that it is temporary and shall state the date on which it expires.

          (iv) RENEWAL- A temporary driver's license or temporary identification card issued pursuant to this subparagraph may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the temporary driver's license or temporary identification card has been extended by the Secretary of Homeland Security.

      (3) VERIFICATION OF DOCUMENTS- To meet the requirements of this section, a State shall implement the following procedures:

        (A) Before issuing a driver's license or identification card to a person, the State shall verify, with the issuing agency, the issuance, validity, and completeness of each document required to be presented by the person under paragraph (1) or (2).

        (B) The State shall not accept any foreign document, other than an official passport, to satisfy a requirement of paragraph (1) or (2).

        (C) Not later than September 11, 2005, the State shall enter into a memorandum of understanding with the Secretary of Homeland Security to routinely utilize the automated system known as Systematic Alien Verification for Entitlements, as provided for by section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-664), to verify the legal presence status of a person, other than a United States citizen, applying for a driver's license or identification card.

    (d) Other Requirements- To meet the requirements of this section, a State shall adopt the following practices in the issuance of drivers' licenses and identification cards:

      (1) Employ technology to capture digital images of identity source documents so that the images can be retained in electronic storage in a transferable format.

      (2) Retain paper copies of source documents for a minimum of 7 years or images of source documents presented for a minimum of 10 years.

      (3) Subject each person applying for a driver's license or identification card to mandatory facial image capture.

      (4) Establish an effective procedure to confirm or verify a renewing applicant's information.

      (5) Confirm with the Social Security Administration a social security account number presented by a person using the full social security account number. In the event that a social security account number is already registered to or associated with another person to which any State has issued a driver's license or identification card, the State shall resolve the discrepancy and take appropriate action.

      (6) Refuse to issue a driver's license or identification card to a person holding a driver's license issued by another State without confirmation that the person is terminating or has terminated the driver's license.

      (7) Ensure the physical security of locations where drivers' licenses and identification cards are produced and the security of document materials and papers from which drivers' licenses and identification cards are produced.

      (8) Subject all persons authorized to manufacture or produce drivers' licenses and identification cards to appropriate security clearance requirements.

      (9) Establish fraudulent document recognition training programs for appropriate employees engaged in the issuance of drivers' licenses and identification cards.

      (10) Limit the period of validity of all driver's licenses and identification cards that are not temporary to a period that does not exceed 8 years.

SEC. 203. LINKING OF DATABASES.

    (a) In General- To be eligible to receive any grant or other type of financial assistance made available under this title, a State shall participate in the interstate compact regarding sharing of driver license data, known as the `Driver License Agreement', in order to provide electronic access by a State to information contained in the motor vehicle databases of all other States.

    (b) Requirements for Information- A State motor vehicle database shall contain, at a minimum, the following information:

      (1) All data fields printed on drivers' licenses and identification cards issued by the State.

      (2) Motor vehicle drivers' histories, including motor vehicle violations, suspensions, and points on licenses.

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

    (a) Criminal Penalty- Section 1028(a)(8) of title 18, United States Code, is amended by striking `false authentication features' and inserting `false or actual authentication features'.

    (b) Use of False Driver's License at Airports-

      (1) IN GENERAL- The Secretary shall enter, into the appropriate aviation security screening database, appropriate information regarding any person convicted of using a false driver's license at an airport (as such term is defined in section 40102 of title 49, United States Code).

      (2) FALSE DEFINED- In this subsection, the term `false' has the same meaning such term has under section 1028(d) of title 18, United States Code.

SEC. 205. GRANTS TO STATES.

    (a) In General- The Secretary may make grants to a State to assist the State in conforming to the minimum standards set forth in this title.

    (b) Authorization of Appropriations- There are authorized to be appropriated to the Secretary for each of the fiscal years 2005 through 2009 such sums as may be necessary to carry out this title.

SEC. 206. AUTHORITY.

    (a) Participation of Secretary of Transportation and States- All authority to issue regulations, set standards, and issue grants under this title shall be carried out by the Secretary, in consultation with the Secretary of Transportation and the States.

    (b) Compliance With Standards- All authority to certify compliance with standards under this title shall be carried out by the Secretary of Transportation, in consultation with the Secretary of Homeland Security and the States.

    (c) Extensions of Deadlines- The Secretary may grant to a State an extension of time to meet the requirements of section 202(a)(1) if the State provides adequate justification for noncompliance.

SEC. 207. REPEAL.

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

SEC. 208. LIMITATION ON STATUTORY CONSTRUCTION.

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

TITLE III--BORDER INFRASTRUCTURE AND TECHNOLOGY INTEGRATION

SEC. 301. VULNERABILITY AND THREAT ASSESSMENT.

    (a) Study- The Under Secretary of Homeland Security for Border and Transportation Security, in consultation with the Under Secretary of Homeland Security for Science and Technology and the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection, shall study the technology, equipment, and personnel needed to address security vulnerabilities within the United States for each field office of the Bureau of Customs and Border Protection that has responsibility for any portion of the United States borders with Canada and Mexico. The Under Secretary shall conduct follow-up studies at least once every 5 years.

    (b) Report to Congress- The Under Secretary shall submit a report to Congress on the Under Secretary's findings and conclusions from each study conducted under subsection (a) together with legislative recommendations, as appropriate, for addressing any security vulnerabilities found by the study.

    (c) Authorization of Appropriations- There are authorized to be appropriated to the Department of Homeland Security Directorate of Border and Transportation Security such sums as may be necessary for fiscal years 2006 through 2011 to carry out any such recommendations from the first study conducted under subsection (a).

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

    (a) Pilot Program- Not later than 180 days after the date of the enactment of this division, the Under Secretary of Homeland Security for Science and Technology, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security, the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection, and the Secretary of Defense, shall develop a pilot program to utilize, or increase the utilization of, ground surveillance technologies to enhance the border security of the United States. In developing the program, the Under Secretary shall--

      (1) consider various current and proposed ground surveillance technologies that could be utilized to enhance the border security of the United States;

      (2) assess the threats to the border security of the United States that could be addressed by the utilization of such technologies; and

      (3) assess the feasibility and advisability of utilizing such technologies to address such threats, including an assessment of the technologies considered best suited to address such threats.

    (b) Additional Requirements-

      (1) IN GENERAL- The pilot program shall include the utilization of a variety of ground surveillance technologies in a variety of topographies and areas (including both populated and unpopulated areas) on both the northern and southern borders of the United States in order to evaluate, for a range of circumstances--

        (A) the significance of previous experiences with such technologies in homeland security or critical infrastructure protection for the utilization of such technologies for border security;

        (B) the cost, utility, and effectiveness of such technologies for border security; and

        (C) liability, safety, and privacy concerns relating to the utilization of such technologies for border security.

      (2) TECHNOLOGIES- The ground surveillance technologies utilized in the pilot program shall include the following:

        (A) Video camera technology.

        (B) Sensor technology.

        (C) Motion detection technology.

    (c) Implementation- The Under Secretary of Homeland Security for Border and Transportation Security shall implement the pilot program developed under this section.

    (d) Report- Not later than 1 year after implementing the pilot program under subsection (a), the Under Secretary shall submit a report on the program to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Science, the House of Representatives Committee on Homeland Security, and the House of Representatives Committee on the Judiciary. The Under Secretary shall include in the report a description of the program together with such recommendations as the Under Secretary finds appropriate, including recommendations for terminating the program, making the program permanent, or enhancing the program.

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

    (a) In General- Not later than 180 days after the date of the enactment of this division, the Secretary of Homeland Security, acting through the Under Secretary of Homeland Security for Border and Transportation Security, in consultation with the Under Secretary of Homeland Security for Science and Technology, the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection, the Assistant Secretary of Commerce for Communications and Information, and other appropriate Federal, State, local, and tribal agencies, shall develop and implement a plan--

      (1) to improve the communications systems of the departments and agencies of the Federal Government in order to facilitate the integration of communications among the departments and agencies of the Federal Government and State, local government agencies, and Indian tribal agencies on matters relating to border security; and

      (2) to enhance information sharing among the departments and agencies of the Federal Government, State and local government agencies, and Indian tribal agencies on such matters.

    (b) Report- Not later than 1 year after implementing the plan under subsection (a), the Secretary shall submit a copy of the plan and a report on the plan, including any recommendations the Secretary finds appropriate, to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Science, the House of Representatives Committee on Homeland Security, and the House of Representatives Committee on the Judiciary.

Passed the House of Representatives March 16, 2005.

Attest:

Clerk.

109th CONGRESS

1st Session

H. R. 1268

AN ACT

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

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