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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 2005, and for other pur4 poses, namely:

5 DIVISION A—EMERGENCY SUP6 PLEMENTAL APPROPRIA7 TIONS ACT FOR DEFENSE,

8 THE GLOBAL WAR ON TER9 ROR, AND TSUNAMI RELIEF,

10 2005

11 TITLE I—DEFENSE-RELATED APPROPRIATIONS

12 CHAPTER 1

13 DEPARTMENT OF DEFENSE

14 DEPARTMENT OF DEFENSE—MILITARY

15 MILITARY PERSONNEL

16 MILITARY PERSONNEL, ARMY

17 For an additional amount for ‘‘Military Personnel,

18 Army’’, $11,779,642,000: Provided, That the amounts

19 provided under this heading are designated as an emer20 gency requirement pursuant to section 402 of the con21 ference report to accompany S. Con. Res. 95 (108th Con22 gress).

23 MILITARY PERSONNEL, NAVY

24 For an additional amount for ‘‘Military Personnel,

25 Navy’’, $534,080,000: Provided, That the amounts pro-
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1 vided under this heading are designated as an emergency

2 requirement pursuant to section 402 of the conference re3 port to accompany S. Con. Res. 95 (108th Congress).

4 MILITARY PERSONNEL, MARINE CORPS

5 For an additional amount for ‘‘Military Personnel,

6 Marine Corps’’, $1,251,726,000: Provided, That the

7 amounts provided under this heading are designated as

8 an emergency requirement pursuant to section 402 of the

9 conference report to accompany S. Con. Res. 95 (108th

10 Congress).

11 MILITARY PERSONNEL, AIR FORCE

12 For an additional amount for ‘‘Military Personnel,

13 Air Force’’, $1,473,472,000: Provided, That the amounts

14 provided under this heading are designated as an emer15 gency requirement pursuant to section 402 of the con16 ference report to accompany S. Con. Res. 95 (108th Con17 gress).

18 RESERVE PERSONNEL, ARMY

19 For an additional amount for ‘‘Reserve Personnel,

20 Army’’, $40,327,000: Provided, That the amounts pro21 vided under this heading are designated as an emergency

22 requirement pursuant to section 402 of the conference re23 port to accompany S. Con. Res. 95 (108th Congress).
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1 RESERVE PERSONNEL, NAVY

2 For an additional amount for ‘‘Reserve Personnel,

3 Navy’’, $11,111,000: Provided, That the amounts pro4 vided under this heading are designated as an emergency

5 requirement pursuant to section 402 of the conference re6 port to accompany S. Con. Res. 95 (108th Congress).

7 RESERVE PERSONNEL, MARINE CORPS

8 For an additional amount for ‘‘Reserve Personnel,

9 Marine Corps’’, $4,115,000: Provided, That the amounts

10 provided under this heading are designated as an emer11 gency requirement pursuant to section 402 of the con12 ference report to accompany S. Con. Res. 95 (108th Con13 gress).

14 RESERVE PERSONNEL, AIR FORCE

15 For an additional amount for ‘‘Reserve Personnel,

16 Air Force’’, $130,000: Provided, That the amounts pro17 vided under this heading are designated as an emergency

18 requirement pursuant to section 402 of the conference re19 port to accompany S. Con. Res. 95 (108th Congress).

20 NATIONAL GUARD PERSONNEL, ARMY

21 For an additional amount for ‘‘National Guard Per22 sonnel, Army’’, $430,300,000: Provided, That the

23 amounts provided under this heading are designated as

24 an emergency requirement pursuant to section 402 of the
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1 conference report to accompany S. Con. Res. 95 (108th

2 Congress).

3 NATIONAL GUARD PERSONNEL, AIR FORCE

4 For an additional amount for ‘‘National Guard Per5 sonnel, Air Force’’, $91,000: Provided, That the amounts

6 provided under this heading are designated as an emer7 gency requirement pursuant to section 402 of the con8 ference report to accompany S. Con. Res. 95 (108th Con9 gress).

10 OPERATION AND MAINTENANCE

11 OPERATION AND MAINTENANCE, ARMY

12 For an additional amount for ‘‘Operation and Main13 tenance, Army’’, $17,366,004,000: Provided, That the

14 amounts provided under this heading are designated as

15 an emergency requirement pursuant to section 402 of the

16 conference report to accompany S. Con. Res. 95 (108th

17 Congress).

18 OPERATION AND MAINTENANCE, NAVY

19 For an additional amount for ‘‘Operation and Main20 tenance, Navy’’, $3,030,801,000: Provided, That the

21 amounts provided under this heading are designated as

22 an emergency requirement pursuant to section 402 of the

23 conference report to accompany S. Con. Res. 95 (108th

24 Congress).
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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 For an additional amount for ‘‘Operation and Main3 tenance, Marine Corps’’, $982,464,000: Provided, That

4 the amounts provided under this heading are designated

5 as an emergency requirement pursuant to section 402 of

6 the conference report to accompany S. Con. Res. 95

7 (108th Congress).

8 OPERATION AND MAINTENANCE, AIR FORCE

9 For an additional amount for ‘‘Operation and Main10 tenance, Air Force’’, $5,769,450,000: Provided, That the

11 amounts provided under this heading are designated as

12 an emergency requirement pursuant to section 402 of the

13 conference report to accompany S. Con. Res. 95 (108th

14 Congress).

15 OPERATION AND MAINTENANCE, DEFENSE-WIDE

16 For an additional amount for ‘‘Operation and Main17 tenance, Defense-Wide’’, $3,061,300,000 (reduced by

18 $1,000,000) (increased by $1,000,000), of which—

19 (1) not to exceed $25,000,000 may be used for

20 the Combatant Commander Initiative Fund, to be

21 used in support of Operation Iraqi Freedom and Op22 eration Enduring Freedom; and

23 (2) up to $1,220,000,000, to remain available

24 until expended, may be used for payments to reim25 burse Pakistan, Jordan, and other key cooperating
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1 nations, for logistical, military, and other support

2 provided, or to be provided, to United States mili3 tary operations, notwithstanding any other provision

4 of law: Provided, That such payments may be made

5 in such amounts as the Secretary of Defense, with

6 the concurrence of the Secretary of State, and in

7 consultation with the Director of the Office of Man8 agement and Budget, may determine, in his discre9 tion, based on documentation determined by the Sec10 retary of Defense to adequately account for the sup11 port provided, and such determination is final and

12 conclusive upon the accounting officers of the United

13 States, and 15 days following notification to the ap14 propriate congressional committees: Provided further,

15 That the Secretary of Defense shall provide quar16 terly reports to the Committees on Appropriations

17 on the use of funds provided in this paragraph: Pro18 vided further, That the amounts provided under this

19 heading are designated as an emergency requirement

20 pursuant to section 402 of the conference report to

21 accompany S. Con. Res. 95 (108th Congress).

22 OPERATION AND MAINTENANCE, ARMY RESERVE

23 For an additional amount for ‘‘Operation and Main24 tenance, Army Reserve’’, $8,154,000: Provided, That the

25 amounts provided under this heading are designated as
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1 an emergency requirement pursuant to section 402 of the

2 conference report to accompany S. Con. Res. 95 (108th

3 Congress).

4 OPERATION AND MAINTENANCE, NAVY RESERVE

5 For an additional amount for ‘‘Operation and Main6 tenance, Navy Reserve’’, $75,164,000: Provided, That the

7 amounts provided under this heading are designated as

8 an emergency requirement pursuant to section 402 of the

9 conference report to accompany S. Con. Res. 95 (108th

10 Congress).

11 OPERATION AND MAINTENANCE, MARINE CORPS

12 RESERVE

13 For an additional amount for ‘‘Operation and Main14 tenance, Marine Corps Reserve’’, $24,920,000: Provided,

15 That the amounts provided under this heading are des16 ignated as an emergency requirement pursuant to section

17 402 of the conference report to accompany S. Con. Res.

18 95 (108th Congress).

19 OPERATION AND MAINTENANCE, ARMY NATIONAL

20 GUARD

21 For an additional amount for ‘‘Operation and Main22 tenance, Army National Guard’’, $188,779,000: Provided,

23 That the amounts provided under this heading are des24 ignated as an emergency requirement pursuant to section
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1 402 of the conference report to accompany S. Con. Res.

2 95 (108th Congress).

3 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

4 For an additional amount for ‘‘Overseas Humani5 tarian, Disaster, and Civic Aid’’, $10,000,000, to remain

6 available until September 30, 2006: Provided, That the

7 amounts provided under this heading are designated as

8 an emergency requirement pursuant to section 402 of the

9 conference report to accompany S. Con. Res. 95 (108th

10 Congress).

11 AFGHANISTAN SECURITY FORCES FUND

12 (INCLUDING TRANSFER OF FUNDS)

13 For the ‘‘Afghanistan Security Forces Fund’’,

14 $1,285,000,000, to remain available until September 30,

15 2006: Provided, That such funds shall be available to the

16 Secretary of Defense, notwithstanding any other provision

17 of law, for the purpose of allowing the Commander, Com18 bined Forces Command-Afghanistan, or the Secretary’s

19 designee to provide assistance, with the concurrence of the

20 Secretary of State, to the security forces of Afghanistan

21 including the provision of equipment, supplies, services,

22 training, facility and infrastructure repair, renovation, and

23 construction, and funding: Provided further, That the au24 thority to provide assistance under this section is in addi25 tion to any other authority to provide assistance to foreign
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1 nations: Provided further, That the Secretary of Defense

2 may transfer the funds provided herein to appropriations

3 for military personnel; operation and maintenance; Over4 seas Humanitarian, Disaster, and Civic Aid; procurement;

5 research, development, test and evaluation; and defense

6 working capital funds to accomplish the purposes provided

7 herein: Provided further, That this transfer authority is

8 in addition to any other transfer authority available to the

9 Department of Defense: Provided further, That upon a de10 termination that all or part of the funds so transferred

11 from this appropriation are not necessary for the purposes

12 provided herein, such amounts may be transferred back

13 to this appropriation: Provided further, That contributions

14 of funds for the purposes provided herein from any person,

15 foreign government, or international organization may be

16 credited to this Fund, and used for such purposes: Pro17 vided further, That the Secretary of Defense shall, not

18 fewer than 5 days prior to making transfers from this ap19 propriation, notify the congressional defense committees

20 in writing of the details of any such transfer: Provided

21 further, That the Secretary shall submit a report no later

22 than 30 days after the end of each fiscal quarter to the

23 congressional defense committees summarizing the details

24 of the transfer of funds from this appropriation: Provided

25 further, That the amounts provided under this heading are
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1 designated as an emergency requirement pursuant to sec2 tion 402 of the conference report to accompany S. Con.

3 Res. 95 (108th Congress).

4 IRAQ SECURITY FORCES FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 For the ‘‘Iraq Security Forces Fund’’,

7 $5,700,000,000, to remain available until September 30,

8 2006: Provided, That such funds shall be available to the

9 Secretary of Defense, notwithstanding any other provision

10 of law, for the purpose of allowing the Commander, Multi11 National Security Transition Command—Iraq, or the Sec12 retary’s designee to provide assistance, with the concur13 rence of the Secretary of State, to the security forces of

14 Iraq including the provision of equipment, supplies, serv15 ices, training, facility and infrastructure repair, renova16 tion, and construction, and funding: Provided further,

17 That the authority to provide assistance under this section

18 is in addition to any other authority to provide assistance

19 to foreign nations: Provided further, That the Secretary

20 of Defense may transfer the funds provided herein to ap21 propriations for military personnel; operation and mainte22 nance; Overseas Humanitarian, Disaster, and Civic Aid;

23 procurement; research, development, test and evaluation;

24 and defense working capital funds to accomplish the pur25 poses provided herein: Provided further, That this transfer
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1 authority is in addition to any other transfer authority

2 available to the Department of Defense: Provided further,

3 That upon a determination that all or part of the funds

4 so transferred from this appropriation are not necessary

5 for the purposes provided herein, such amounts may be

6 transferred back to this appropriation: Provided further,

7 That contributions of funds for the purposes provided

8 herein from any person, foreign government, or inter9 national organization may be credited to this Fund, and

10 used for such purposes: Provided further, That, notwith11 standing any other provision of law, from funds made

12 available under this heading, up to $99,000,000 may be

13 used to provide assistance to the Government of Jordan

14 to establish a regional training center designed to provide

15 comprehensive training programs for regional military and

16 security forces and military and civilian officials, to en17 hance the capability of such forces and officials to respond

18 to existing and emerging security threats in the region:

19 Provided further, That assistance authorized by the pre20 ceding proviso may include the provision of facilities,

21 equipment, supplies, services, training and funding, and

22 the Secretary of Defense may transfer funds to any Fed23 eral agency for the purpose of providing such assistance:

24 Provided further, That the Secretary of Defense shall, not

25 fewer than 5 days prior to making transfers from this ap-
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1 propriation, notify the congressional defense committees

2 in writing of the details of any such transfer: Provided

3 further, That the Secretary shall submit a report no later

4 than 30 days after the end of each fiscal quarter to the

5 congressional defense committees summarizing the details

6 of the transfer of funds from this appropriation: Provided

7 further, That the amounts provided under this heading are

8 designated as an emergency requirement pursuant to sec9 tion 402 of the conference report to accompany S. Con.

10 Res. 95 (108th Congress).

11 PROCUREMENT

12 AIRCRAFT PROCUREMENT, ARMY

13 For an additional amount for ‘‘Aircraft Procurement,

14 Army’’, $458,677,000, to remain available until Sep15 tember 30, 2007: Provided, That the amounts provided

16 under this heading are designated as an emergency re17 quirement pursuant to section 402 of the conference re18 port to accompany S. Con. Res. 95 (108th Congress).

19 MISSILE PROCUREMENT, ARMY

20 For an additional amount for ‘‘Missile Procurement,

21 Army’’, $340,536,000, to remain available until Sep22 tember 30, 2007: Provided, That the amounts provided

23 under this heading are designated as an emergency re24 quirement pursuant to section 402 of the conference re25 port to accompany S. Con. Res. 95 (108th Congress).
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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For an additional amount for ‘‘Procurement of Weap4 ons and Tracked Combat Vehicles, Army’’,

5 $2,678,747,000, to remain available until September 30,

6 2007: Provided, That the amounts provided under this

7 heading are designated as an emergency requirement pur8 suant to section 402 of the conference report to accom9 pany S. Con. Res. 95 (108th Congress).

10 PROCUREMENT OF AMMUNITION, ARMY

11 For an additional amount for ‘‘Procurement of Am12 munition, Army’’, $532,800,000, to remain available until

13 September 30, 2007: Provided, That the amounts provided

14 under this heading are designated as an emergency re15 quirement pursuant to section 402 of the conference re16 port to accompany S. Con. Res. 95 (108th Congress).

17 OTHER PROCUREMENT, ARMY

18 (INCLUDING TRANSFER OF FUNDS)

19 For an additional amount for ‘‘Other Procurement,

20 Army’’, $6,634,905,000, to remain available until Sep21 tember 30, 2007, of which $85,000,000 shall be derived

22 by transfer from ‘‘Iraq Freedom Fund’’: Provided, That

23 the amounts provided under this heading are designated

24 as an emergency requirement pursuant to section 402 of
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1 the conference report to accompany S. Con. Res. 95

2 (108th Congress).

3 AIRCRAFT PROCUREMENT, NAVY

4 For an additional amount for ‘‘Aircraft Procurement,

5 Navy’’, $200,295,000, to remain available until September

6 30, 2007: Provided, That the amounts provided under this

7 heading are designated as an emergency requirement pur8 suant to section 402 of the conference report to accom9 pany S. Con. Res. 95 (108th Congress).

10 WEAPONS PROCUREMENT, NAVY

11 For an additional amount for ‘‘Weapons Procure12 ment, Navy’’, $71,600,000, to remain available until Sep13 tember 30, 2007: Provided, That the amounts provided

14 under this heading are designated as an emergency re15 quirement pursuant to section 402 of the conference re16 port to accompany S. Con. Res. 95 (108th Congress).

17 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

18 CORPS

19 For an additional amount for ‘‘Procurement of Am20 munition, Navy and Marine Corps’’, $141,735,000, to re21 main available until September 30, 2007: Provided, That

22 the amounts provided under this heading are designated

23 as an emergency requirement pursuant to section 402 of

24 the conference report to accompany S. Con. Res. 95

25 (108th Congress).
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1 OTHER PROCUREMENT, NAVY

2 For an additional amount for ‘‘Other Procurement,

3 Navy’’, $78,372,000, to remain available until September

4 30, 2007: Provided, That the amounts provided under this

5 heading are designated as an emergency requirement pur6 suant to section 402 of the conference report to accom7 pany S. Con. Res. 95 (108th Congress).

8 PROCUREMENT, MARINE CORPS

9 For an additional amount for ‘‘Procurement, Marine

10 Corps’’, $3,588,495,000, to remain available until Sep11 tember 30, 2007: Provided, That the amounts provided

12 under this heading are designated as an emergency re13 quirement pursuant to section 402 of the conference re14 port to accompany S. Con. Res. 95 (108th Congress).

15 AIRCRAFT PROCUREMENT, AIR FORCE

16 For an additional amount for ‘‘Aircraft Procurement,

17 Air Force’’, $279,241,000, to remain available until Sep18 tember 30, 2007: Provided, That the amounts provided

19 under this heading are designated as an emergency re20 quirement pursuant to section 402 of the conference re21 port to accompany S. Con. Res. 95 (108th Congress).

22 PROCUREMENT OF AMMUNITION, AIR FORCE

23 For an additional amount for ‘‘Procurement of Am24 munition, Air Force’’, $6,998,000, to remain available

25 until September 30, 2007: Provided, That the amounts
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1 provided under this heading are designated as an emer2 gency requirement pursuant to section 402 of the con3 ference report to accompany S. Con. Res. 95 (108th Con4 gress).

5 OTHER PROCUREMENT, AIR FORCE

6 For an additional amount for ‘‘Other Procurement,

7 Air Force’’, $2,658,527,000, to remain available until

8 September 30, 2007: Provided, That the amounts provided

9 under this heading are designated as an emergency re10 quirement pursuant to section 402 of the conference re11 port to accompany S. Con. Res. 95 (108th Congress).

12 PROCUREMENT, DEFENSE-WIDE

13 For an additional amount for ‘‘Procurement, De14 fense-Wide’’, $646,327,000, to remain available until Sep15 tember 30, 2007: Provided, That the amounts provided

16 under this heading are designated as an emergency re17 quirement pursuant to section 402 of the conference re18 port to accompany S. Con. Res. 95 (108th Congress).

19 RESEARCH, DEVELOPMENT, TEST AND

20 EVALUATION

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

22 ARMY

23 For an additional amount for ‘‘Research, Develop24 ment, Test and Evaluation, Army’’, $25,170,000, to re25 main available until September 30, 2006: Provided, That
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1 the amounts provided under this heading are designated

2 as an emergency requirement pursuant to section 402 of

3 the conference report to accompany S. Con. Res. 95

4 (108th Congress).

5 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,

6 NAVY

7 For an additional amount for ‘‘Research, Develop8 ment, Test, and Evaluation, Navy’’, $202,051,000, to re9 main available until September 30, 2006: Provided, That

10 the amounts provided under this heading are designated

11 as an emergency requirement pursuant to section 402 of

12 the conference report to accompany S. Con. Res. 95

13 (108th Congress).

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

15 AIR FORCE

16 For an additional amount for ‘‘Research, Develop17 ment, Test and Evaluation, Air Force’’, $121,500,000, to

18 remain available until September 30, 2006: Provided,

19 That the amounts provided under this heading are des20 ignated as an emergency requirement pursuant to section

21 402 of the conference report to accompany S. Con. Res.

22 95 (108th Congress).
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

2 DEFENSE-WIDE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Defense-Wide’’,

5 $159,600,000, to remain available until September 30,

6 2006: Provided, That the amounts provided under this

7 heading are designated as an emergency requirement pur8 suant to section 402 of the conference report to accom9 pany S. Con. Res. 95 (108th Congress).

10 REVOLVING AND MANAGEMENT FUNDS

11 DEFENSE WORKING CAPITAL FUNDS

12 For an additional amount for ‘‘Defense Working

13 Capital Funds’’, $1,411,300,000: Provided, That the

14 amounts provided under this heading are designated as

15 an emergency requirement pursuant to section 402 of the

16 conference report to accompany S. Con. Res. 95 (108th

17 Congress).

18 NATIONAL DEFENSE SEALIFT FUND

19 For an additional amount for ‘‘National Defense Sea20 lift Fund’’, $32,400,000, to remain available until ex21 pended: Provided, That the amounts provided under this

22 heading are designated as an emergency requirement pur23 suant to section 402 of the conference report to accom24 pany S. Con. Res. 95 (108th Congress).
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1 OTHER DEPARTMENT OF DEFENSE PROGRAMS

2 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

3 DEFENSE

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for ‘‘Drug Interdiction and

6 Counter-Drug Activities, Defense’’, $257,000,000, to re7 main available until December 31, 2005: Provided, That

8 these funds may be used for such activities related to Af9 ghanistan and the Central Asia area: Provided further,

10 That the Secretary of Defense may transfer the funds pro11 vided herein only to appropriations for military personnel;

12 operation and maintenance; procurement; and research,

13 development, test and evaluation: Provided further, That

14 the funds transferred shall be merged with and be avail15 able for the same purposes and for the same time period

16 as the appropriation to which transferred: Provided fur17 ther, That the transfer authority provided in this para18 graph is in addition to any other transfer authority avail19 able to the Department of Defense: Provided further, That

20 upon a determination that all or part of the funds trans21 ferred from this appropriation are not necessary for the

22 purposes provided herein, such amounts may be trans23 ferred back to this appropriation: Provided further, That

24 not to exceed $70,000,000 of the funds provided herein

25 may be used to reimburse fully this account for obligations
21

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1 incurred for the purposes provided under this heading

2 prior to enactment of this Act: Provided further, That the

3 amounts provided under this heading are designated as

4 an emergency requirement pursuant to section 402 of the

5 conference report to accompany S. Con. Res. 95 (108th

6 Congress).

7 OFFICE OF THE INSPECTOR GENERAL

8 For an additional amount for ‘‘Office of the Inspector

9 General’’, $148,000: Provided, That the amounts provided

10 under this heading are designated as an emergency re11 quirement pursuant to section 402 of the conference re12 port to accompany S. Con. Res. 95 (108th Congress).

13 RELATED AGENCIES

14 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

15 For an additional amount for ‘‘Intelligence Commu16 nity Management Account’’, $250,300,000, of which

17 $181,000,000 is to remain available until September 30,

18 2006: Provided, That the amounts provided under this

19 heading are designated as an emergency requirement pur20 suant to section 402 of the conference report to accom21 pany S. Con. Res. 95 (108th Congress).

22 GENERAL PROVISIONS—THIS CHAPTER

23 (TRANSFER OF FUNDS)

24 SEC. 1101. Upon his determination that such action

25 is necessary in the national interest, the Secretary of De-
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1 fense may transfer between appropriations up to

2 $2,000,000,000 of the funds made available to the De3 partment of Defense in this chapter: Provided, That the

4 Secretary shall notify the Congress promptly of each

5 transfer made pursuant to this authority: Provided fur6 ther, That the transfer authority provided in this section

7 is in addition to any other transfer authority available to

8 the Department of Defense: Provided further, That the au9 thority in this section is subject to the same terms and

10 conditions as the authority provided in section 8005 of the

11 Department of Defense Appropriations Act, 2005, except

12 for the fourth proviso: Provided further, That the amounts

13 made available by the transfer of funds in or pursuant

14 to this section are designated as an emergency require15 ment pursuant to section 402 of the conference report to

16 accompany S. Con. Res. 95 (108th Congress).

17 SEC. 1102. Section 8005 of the Department of De18 fense Appropriations Act, 2005 (Public Law 108–287;

19 118 Stat. 969), is amended by striking ‘‘$3,500,000,000’’

20 and inserting ‘‘$5,500,000,000’’: Provided, That the

21 amounts made available by the transfer of funds in or pur22 suant to this section are designated as an emergency re23 quirement pursuant to section 402 of the conference re24 port to accompany S. Con. Res. 95 (108th Congress).
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1 (TRANSFER OF FUNDS)

2 SEC. 1103. During fiscal year 2005, the Secretary

3 of Defense may transfer amounts in or credited to the De4 fense Cooperation Account, pursuant to section 2608 of

5 title 10, United States Code, to such appropriations or

6 funds of the Department of Defense as he shall determine

7 for use consistent with the purposes for which such funds

8 were contributed and accepted: Provided, That such

9 amounts shall be available for the same time period as

10 the appropriation to which transferred: Provided further,

11 That the Secretary shall report to the Congress all trans12 fers made pursuant to this authority: Provided further,

13 That the amounts provided under this heading are des14 ignated as an emergency requirement pursuant to section

15 402 of the conference report to accompany S. Con. Res.

16 95 (108th Congress).

17 SEC. 1104. (a) AUTHORITY TO PROVIDE SUP18 PORT.—Of the amount appropriated by this Act under the

19 heading, ‘‘Drug Interdiction and Counter-Drug Activities,

20 Defense’’, not to exceed $34,000,000 may be made avail21 able for support for counter-drug activities of the Govern22 ment of Afghanistan, and not to exceed $4,000,000 may

23 be made available for support for counter-drug activities

24 of the Government of Pakistan: Provided, That such sup25 port shall be in addition to support provided for the
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1 counter-drug activities of said Governments under any

2 other provision of the law.

3 (b) TYPES OF SUPPORT.—(1) Except as specified in

4 subsections (b)(2) and (b)(3) of this section, the support

5 that may be provided under the authority in this section

6 shall be limited to the types of support specified in section

7 1033(c)(1) of the National Defense Authorization Act for

8 Fiscal Year 1998 (Public Law 105–85, as amended by

9 Public Law 106–398 and Public Law 108–136) and condi10 tions on the provision of support as contained in section

11 1033 shall apply for fiscal year 2005.

12 (2) The Secretary of Defense may transfer vehicles,

13 aircraft, and detection, interception, monitoring and test14 ing equipment to said Governments for counter-drug ac15 tivities.

16 (3) For the Government of Afghanistan, the Sec17 retary of Defense may also provide individual and crew18 served weapons, and ammunition for counter-drug secu19 rity forces.

20 SEC. 1105. The paragraph under the heading ‘‘Oper21 ation and Maintenance, Defense-Wide’’ in title II of the

22 Department of Defense Appropriations Act, 2005 (Public

23 Law 108–287; 118 Stat. 954), is amended in the first pro24 viso by striking ‘‘$32,000,000’’ and inserting

25 ‘‘$40,000,000’’.
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1 SEC. 1106. For fiscal year 2005, the limitation under

2 paragraph (3) of section 2208(l) of title 10, United States

3 Code, on the total amount of advance billings rendered

4 or imposed for all working capital funds of the Depart5 ment of Defense in a fiscal year shall be applied by sub6 stituting ‘‘$1,500,000,000’’ for ‘‘$1,000,000,000’’.

7 SEC. 1107. Section 1201(a) of the Ronald W. Reagan

8 National Defense Authorization Act for Fiscal Year 2005

9 (Public Law 108–375; 118 Stat. 2077), as amended by

10 section 102 of title I of division J of the Consolidated Ap11 propriations Act, 2005 (Public Law 108–447), is further

12 amended by striking ‘‘$500,000,000’’ in the matter pre13 ceding paragraph (1) and inserting ‘‘$854,000,000’’.

14 SEC. 1108. Section 8090(b) of the Department of De15 fense Appropriations Act, 2005 (Public Law 108–287), is

16 amended by striking ‘‘$185,000,000’’ and inserting

17 ‘‘$210,000,000’’.

18 SEC. 1109. (a) During calendar year 2005 and not19 withstanding section 5547 of title 5, United States Code,

20 the head of an Executive agency may waive the limitation,

21 up to $200,000, established in that section for total com22 pensation, including limitations on the aggregate of basic

23 pay and premium pay payable in a calendar year, to an

24 employee who performs work while in an overseas location
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1 that is in the area of responsibility of the Commander of

2 the U.S. Central Command, in support of, or related to—

3 (1) a military operation, including a contin4 gency operation; or

5 (2) an operation in response to a declared emer6 gency.

7 (b) To the extent that a waiver under subsection (a)

8 results in payment of additional premium pay of a type

9 that is normally creditable as basic pay for retirement or

10 any other purpose, such additional pay shall not be consid11 ered to be basic pay for any purpose, nor shall it be used

12 in computing a lump-sum payment for accumulated and

13 accrued annual leave under section 5551 of title 5, United

14 States Code.

15 (c) The Director of the Office of Personnel Manage16 ment may issue regulations to ensure appropriate consist17 ency among heads of executive agencies in the exercise of

18 authority granted by this section.

19 SEC. 1110. Section 1096(b) of the Intelligence Re20 form and Terrorism Prevention Act of 2004 (Public Law

21 108–458) is amended—

22 (1) in the matter preceding paragraph (1), by

23 striking ‘‘in the fiscal year after the effective date of

24 this Act’’ and inserting ‘‘during fiscal years 2005

25 and 2006’’; and
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1 (2) in paragraph (1), by striking ‘‘500 new per2 sonnel billets’’ and inserting ‘‘a total of 500 new

3 personnel positions’’.

4 SEC. 1111. Section 1051a(e) of title 10, United

5 States Code, is amended by striking ‘‘September 30,

6 2005’’ and inserting ‘‘December 31, 2005’’.

7 SEC. 1112. Notwithstanding subsection (c) of section

8 308e of title 37, United States Code, the maximum

9 amount of the bonus paid to a member of the Armed

10 Forces pursuant to a reserve affiliation agreement entered

11 into under such section during fiscal year 2005 shall not

12 exceed $10,000, and the Secretary of Defense, and the

13 Secretary of Homeland Security with respect to the Coast

14 Guard, may prescribe regulations under subsection (f) of

15 such section to modify the method by which bonus pay16 ments are made under reserve affiliation agreements en17 tered into during such fiscal year.

18 SEC. 1113. (a) INCREASE IN SGLI MAXIMUM.—Sec19 tion 1967 of title 38, United States Code, is amended—

20 (1) in subsection (a)(3)(A)(i), by striking

21 ‘‘$250,000’’ and inserting ‘‘$400,000 or such lesser

22 amount as the member may elect in increments of

23 $50,000’’;

24 (2) in subsection (a)(3)(B), by striking ‘‘member

25 or spouse’’ in the last sentence and inserting ‘‘mem-
28

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1 ber, be evenly divisible by $50,000 and, in the case

2 of a member’s spouse’’; and

3 (3) in subsection (d), by striking ‘‘of $250,000’’

4 and inserting ‘‘in effect under subsection

5 (a)(3)(A)(i)’’.

6 (b) SPOUSE CONSENT AND BENEFICIARY NOTIFICA7 TION.—Section 1967(a)(3)(B) of such title is amended—

8 (1) by inserting ‘‘(i)’’ after ‘‘(B)’’; and

9 (2) by adding at the end the following new

10 clauses:

11 ‘‘(ii) A member who is married may

12 not, without the written concurrence of the

13 member’s spouse—

14 ‘‘(I) elect not to be insured under

15 this subchapter or to be insured under

16 this subchapter in an amount less

17 than the maximum amount provided

18 for under subparagraph (A)(i); or

19 ‘‘(II) designate any other person

20 as a beneficiary under this program.

21 ‘‘(iii) Whenever a member who is not

22 married elects not to be insured under this

23 subchapter or to be insured under this sub24 chapter in an amount less than the max25 imum amount provided for under subpara-
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1 graph (A)(i), the Secretary concerned shall

2 provide a notice of such election to any

3 person designated by the member as a ben4 eficiary or designated as the member’s

5 next-of-kin for the purpose of emergency

6 notification, as determined under regula7 tions prescribed by the Secretary of De8 fense.’’.

9 (c) LIMITATION ON SPOUSE COVERAGE TO AMOUNT

10 OF MEMBER COVERAGE.—Section 1967(a)(3)(C) of such

11 title is amended by inserting before the period at the end

12 the following: ‘‘as applicable to such member under sub13 paragraph (A)(i)’’.

14 (d) CONFORMING AMENDMENTS TO VGLI PROVI15 SIONS.—Section 1977 of such title is amended by striking

16 ‘‘$250,000’’ each place it appears and inserting

17 ‘‘$400,000’’.

18 (e) MILITARY DEATH GRATUITY.—Section 1478 of

19 title 10, United States Code, is amended—

20 (1) in subsection (a), by striking ‘‘$12,000 (as

21 adjusted under subsection (c))’’ and inserting

22 ‘‘$100,000’’; and

23 (2) by striking subsection (c).
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1 (f) EFFECTIVE DATE.—The amendments made by

2 this section shall apply with respect to deaths occurring

3 on or after the date of the enactment of this Act.

4 SEC. 1114. (a) SPECIAL DEATH GRATUITY FOR CER5 TAIN PRIOR DEATHS IN SERVICE.—In the case of the

6 death of a member of the uniformed services that is a

7 qualifying death (as specified in subsection (b)), the Sec8 retary concerned shall pay a death gratuity of not more

9 than $238,000. Of that amount—

10 (1) $150,000 shall be paid in the manner speci11 fied in subsection (c); and

12 (2) $88,000 shall be paid in the manner speci13 fied in subsection (d).

14 (b) QUALIFYING DEATHS.—The death of a member

15 of the uniformed services is a qualifying death for purpose

16 of this section if—

17 (1) the member died during the period begin18 ning on October 7, 2001, and ending on the day be19 fore the date of the enactment of this Act;

20 (2) for the purpose of section 1114(a)(2), the

21 death was a direct result of an injury or illness (or

22 combination of one or more injuries or illness) in23 curred in Operation Enduring Freedom or Operation

24 Iraqi Freedom, as determined under regulations pre25 scribed by the Secretary of Defense; and
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1 (3) for the purpose of section 1114(a)(1), the

2 death was a direct result of an injury or illness (or

3 combination of one or more injuries or illness) in4 curred by any active duty military member in the

5 performance of duty.

6 (c) SGLI BENEFICIARIES.—A payment pursuant to

7 subsection (a)(1) by reason of a covered death shall be

8 paid—

9 (1) to a beneficiary in proportion to the share

10 of benefits applicable to such beneficiary in the pay11 ment of life insurance proceeds paid on the basis of

12 that death under the Servicemembers Group Life In13 surance program under subchapter III of chapter 19

14 of title 38, United States Code; or

15 (2) in the case of a member who elected not to

16 be insured under the provisions of that subchapter,

17 in equal shares to the person or persons who would

18 have received proceeds under those provisions of law

19 for a member who is insured under that subchapter

20 but does not designate named beneficiaries.

21 (d) MILITARY DEATH GRATUITY BENEFICIARIES.—

22 A payment pursuant to subsection (a)(2) by reason of a

23 covered death shall be paid equal shares to the bene24 ficiaries who were paid the death gratuity that was paid
32

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1 with respect to that death under subchapter II of chapter

2 75 of title 10, United States Code.

3 (e) STATUS OF PAYMENTS.—A death gratuity pay4 able under this section by reason of a qualifying death

5 is in addition to any other death gratuity or other benefit

6 payable by the United States by reason of that death.

7 (f) DEFINITION.—For the purposes of this section,

8 the term ‘‘Secretary concerned’’ has the meaning given

9 that term in section 101 of title 37, United States Code.’’.

10 SEC. 1115. Funds appropriated in this chapter, or

11 made available by transfer of funds in or pursuant to this

12 chapter, for intelligence activities are deemed to be specifi13 cally authorized by the Congress for purposes of section

14 504 of the National Security Act of 1947 (50 U.S.C. 414).

15 SEC. 1116. None of the funds provided in this chap16 ter may be used to finance programs or activities denied

17 by Congress in fiscal year 2004 and 2005 appropriations

18 to the Department of Defense or to initiate a procurement

19 or research, development, test and evaluation new start

20 program without prior written notification to the congres21 sional defense committees.
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1 CHAPTER 2

2 DEPARTMENT OF DEFENSE

3 MILITARY CONSTRUCTION, ARMY

4 For an additional amount for ‘‘Military Construction,

5 Army’’, $930,100,000, to remain available until Sep6 tember 30, 2006: Provided, That $669,100,000 of such

7 additional amount may not be obligated until after that

8 date on which the Secretary of Defense submits to the

9 Committees on Appropriations of the House of Represent10 atives and Senate the comprehensive master plans for

11 overseas military infrastructure required by House Report

12 108–342: Provided further, That notwithstanding any

13 other provision of law, such funds may be obligated or ex14 pended to carry out planning and design and military con15 struction projects not otherwise authorized by law: Pro16 vided further, That the amounts provided under this head17 ing are designated as an emergency requirement pursuant

18 to section 402 of the conference report to accompany S.

19 Con. Res. 95 (108th Congress).

20 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

21 For an additional amount for ‘‘Military Construction,

22 Navy and Marine Corps’’, $92,720,000, to remain avail23 able until September 30, 2006: Provided, That

24 $32,380,000 of such additional amount may not be obli25 gated until after that date on which the Secretary of De-
34

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1 fense submits to the Committees on Appropriations of the

2 House of Representatives and Senate the comprehensive

3 master plans for overseas military infrastructure required

4 by House Report 108–342: Provided further, That not5 withstanding any other provision of law, such funds may

6 be obligated or expended to carry out planning and design

7 and military construction projects not otherwise author8 ized by law: Provided further, That the amounts provided

9 under this heading are designated as an emergency re10 quirement pursuant to section 402 of the conference re11 port to accompany S. Con. Res. 95 (108th Congress).

12 MILITARY CONSTRUCTION, AIR FORCE

13 For an additional amount for ‘‘Military Construction,

14 Air Force’’, $301,386,000, to remain available until Sep15 tember 30, 2006: Provided, That $301,386,000 of such

16 additional amount may not be obligated until after that

17 date on which the Secretary of Defense submits to the

18 Committees on Appropriations of the House of Represent19 atives and Senate the comprehensive master plans for

20 overseas military infrastructure required by House Report

21 108–342: Provided further, That notwithstanding any

22 other provision of law, such funds may be obligated or ex23 pended to carry out planning and design and military con24 struction projects not otherwise authorized by law: Pro25 vided further, That the amounts provided under this head-
35

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1 ing are designated as an emergency requirement pursuant

2 to section 402 of the conference report to accompany S.

3 Con. Res. 95 (108th Congress).

4 MILITARY PERSONNEL, ARMY

5 For an additional amount for ‘‘Military Personnel,

6 Army’’, $1,542,100,000: Provided, That the amounts pro7 vided under this heading are designated as an emergency

8 requirement pursuant to section 402 of the conference re9 port to accompany S. Con. Res. 95 (108th Congress).

10 OPERATION AND MAINTENANCE, ARMY

11 For an additional amount for ‘‘Operation and Main12 tenance, Army’’, $66,300,000: Provided, That the

13 amounts provided under this heading are designated as

14 an emergency requirement pursuant to section 402 of the

15 conference report to accompany S. Con. Res. 95 (108th

16 Congress).

17 DEFENSE HEALTH PROGRAM

18 For an additional amount for ‘‘Defense Health Pro19 gram’’, $175,550,000 for operation and maintenance: Pro20 vided, That the amounts provided under this heading are

21 designated as an emergency requirement pursuant to sec22 tion 402 of the conference report to accompany S. Con.

23 Res. 95 (108th Congress).
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1 TITLE II—INTERNATIONAL PROGRAMS AND AS2 SISTANCE FOR RECONSTRUCTION AND THE

3 WAR ON TERROR

4 CHAPTER 1

5 BILATERAL ECONOMIC ASSISTANCE

6 FUNDS APPROPRIATED TO THE PRESIDENT

7 UNITED STATES AGENCY FOR INTERNATIONAL

8 DEVELOPMENT

9 INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

10 For an additional amount for ‘‘International Disaster

11 and Famine Assistance’’, $44,000,000 (increased by

12 $50,000,000), to remain available until expended, for

13 emergency expenses related to the humanitarian crisis in

14 the Darfur region of Sudan: Provided, That the amounts

15 provided under this heading are designated as an emer16 gency requirement pursuant to section 402 of the con17 ference report to accompany S. Con. Res. 95 (108th Con18 gress).

19 OPERATING EXPENSES OF THE UNITED STATES AGENCY

20 FOR INTERNATIONAL DEVELOPMENT

21 For an additional amount for ‘‘Operating Expenses

22 of the United States Agency for International Develop23 ment’’, $24,400,000, to remain available until September

24 30, 2006.
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1 OPERATING EXPENSES OF THE UNITED STATES AGENCY

2 FOR INTERNATIONAL DEVELOPMENT

3 OFFICE OF INSPECTOR GENERAL

4 For an additional amount for ‘‘Operating Expenses

5 of the United States Agency for International Develop6 ment Office of Inspector General’’, $2,500,000, to remain

7 available until September 30, 2006.

8 OTHER BILATERAL ECONOMIC ASSISTANCE

9 ECONOMIC SUPPORT FUND

10 For an additional amount for ‘‘Economic Support

11 Fund’’, $684,700,000 (reduced by $3,000,000), to remain

12 available until September 30, 2006, of which up to

13 $200,000,000 may be provided for programs, activities,

14 and efforts to support Palestinians.

15 For an additional amount for ‘‘Economic Support

16 Fund’’, $376,500,000, to remain available until Sep17 tember 30, 2006: Provided, That these funds are hereby

18 designated by Congress to be emergency requirements

19 pursuant to section 402 of the conference report to accom20 pany S. Con. Res. 95 (108th Congress).

21 ASSISTANCE FOR THE INDEPENDENT STATES OF THE

22 FORMER SOVIET UNION

23 For an additional amount for ‘‘Assistance for the

24 Independent States of the Former Soviet Union’’ for as-
38

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1 sistance for Ukraine, $33,700,000, to remain available

2 until September 30, 2006.

3 DEPARTMENT OF STATE

4 INTERNATIONAL NARCOTICS CONTROL AND LAW

5 ENFORCEMENT

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for ‘‘International Nar8 cotics Control and Law Enforcement’’, $594,000,000, to

9 remain available until September 30, 2007, of which not

10 more than $400,000,000 may be made available to provide

11 assistance to the Afghan police: Provided, That the

12 amounts provided under this heading are designated as

13 an emergency requirement pursuant to section 402 of the

14 conference report to accompany S. Con. Res. 95 (108th

15 Congress).

16 MIGRATION AND REFUGEE ASSISTANCE

17 For an additional amount for ‘‘Migration and Ref18 ugee Assistance’’, $53,400,000 (increased by

19 $50,000,000), to remain available until September 30,

20 2006: Provided, That the amounts provided under this

21 heading are designated as an emergency requirement pur22 suant to section 402 of the conference report to accom23 pany S. Con. Res. 95 (108th Congress).
39

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1 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

2 RELATED PROGRAMS

3 For an additional amount for ‘‘Nonproliferation,

4 Anti-Terrorism, Demining and Related Programs’’,

5 $17,100,000, to remain available until September 30,

6 2006: Provided, That the amounts provided under this

7 heading are designated as an emergency requirement pur8 suant to section 402 of the conference report to accom9 pany S. Con. Res. 95 (108th Congress).

10 MILITARY ASSISTANCE

11 FUNDS APPROPRIATED TO THE PRESIDENT

12 FOREIGN MILITARY FINANCING PROGRAM

13 For an additional amount for the ‘‘Foreign Military

14 Financing Program’’, $250,000,000.

15 PEACEKEEPING OPERATIONS

16 For an additional amount for ‘‘Peacekeeping Oper17 ations’’, $10,000,000, to remain available until September

18 30, 2006: Provided, That the amounts provided under this

19 heading are designated as an emergency requirement pur20 suant to section 402 of the conference report to accom21 pany S. Con. Res. 95 (108th Congress).

22 GENERAL PROVISIONS—THIS CHAPTER

23 SEC. 2101. Section 307(a) of the Foreign Assistance

24 Act of 1961 is amended by striking ‘‘Iraq,’’.
40

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1 (RESCISSION)

2 SEC. 2102. The unexpended balance appropriated by

3 Public Law 108–11 under the heading ‘‘Economic Sup4 port Fund’’ and made available for Turkey is rescinded.

5 SEC. 2103. Section 559 of division D of Public Law

6 108–447 is amended by adding at the end the following:

7 ‘‘(e) Subsequent to the certification specified in sub8 section (a), the Comptroller General of the United States

9 shall conduct an audit and an investigation of the treat10 ment, handling, and uses of all funds for the bilateral

11 West Bank and Gaza Program in fiscal year 2005 under

12 the heading ‘Economic Support Fund’. The audit shall

13 address—

14 ‘‘(1) the extent to which such Program complies

15 with the requirements of subsections (b) and (c),

16 and

17 ‘‘(2) an examination of all programs, projects,

18 and activities carried out under such Program, in19 cluding both obligations and expenditures.’’.

20 SEC. 2104. The Secretary of State shall submit to

21 the Committees on Appropriations not later than 30 days

22 after enactment, and prior to the initial obligation of funds

23 appropriated under this chapter, a report on the proposed

24 uses of all funds on a project-by-project basis, for which

25 the obligation of funds is anticipated: Provided, That up
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1 to 10 percent of funds appropriated under this chapter

2 may be obligated before the submission of the report sub3 ject to the normal notification procedures of the Commit4 tees on Appropriations: Provided further, That the report

5 shall be updated and submitted to the Committees on Ap6 propriations every six months and shall include informa7 tion detailing how the estimates and assumptions con8 tained in previous reports have changed: Provided further,

9 That any new projects and increases in funding of ongoing

10 projects shall be subject to the prior approval of the Com11 mittees on Appropriations: Provided further, That the Sec12 retary of State shall submit to the Committees on Appro13 priations, not later than 210 days following enactment of

14 this Act and annually thereafter, a report detailing on a

15 project-by-project basis the expenditure of funds appro16 priated under this chapter until all funds have been fully

17 expended.

18 SEC. 2105. The Comptroller General of the United

19 States shall conduct an audit of the use of all funds for

20 the bilateral Afghanistan counternarcotics and alternative

21 livelihood programs in fiscal year 2005 under the heading

22 ‘‘Economic Support Fund’’ and ‘‘International Narcotics

23 Control and Law Enforcement’’: Provided, That the audit

24 shall include an examination of all programs, projects and
42

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1 activities carried out under such programs, including both

2 obligations and expenditures.

3 SEC. 2106. No later than 60 days after the date of

4 enactment of this Act, the President shall submit a report

5 to the Congress detailing—

6 (1) information regarding the Palestinian secu7 rity services, including their numbers, accountability,

8 and chains of command, and steps taken to purge

9 from their ranks individuals with ties to terrorist en10 tities;

11 (2) specific steps taken by the Palestinian Au12 thority to dismantle the terrorist infrastructure, con13 fiscate unauthorized weapons, arrest and bring ter14 rorists to justice, destroy unauthorized arms fac15 tories, thwart and preempt terrorist attacks, and co16 operate with Israel’s security services;

17 (3) specific actions taken by the Palestinian Au18 thority to stop incitement in Palestinian Authority19 controlled electronic and print media and in schools,

20 mosques, and other institutions it controls, and to

21 promote peace and coexistence with Israel;

22 (4) specific steps the Palestinian Authority has

23 taken to ensure democracy, the rule of law, and an

24 independent judiciary, and transparent and account25 able governance;
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1 (5) the Palestinian Authority’s cooperation with

2 United States officials in their investigations into

3 the late Palestinian leader Yasser Arafat’s finances;

4 and

5 (6) the amount of assistance pledged and actu6 ally provided to the Palestinian Authority by other

7 donors:

8 Provided, That not later than 180 days after enactment

9 of this Act, the President shall submit to the Congress

10 an update of this report: Provided further, That up to

11 $5,000,000 of the funds made available for assistance to

12 the West Bank and Gaza by this title under ‘‘Economic

13 Support Fund’’ shall be used for an outside, independent

14 evaluation by an internationally recognized accounting

15 firm of the transparency and accountability of Palestinian

16 Authority accounting procedures and an audit of expendi17 tures by the Palestinian Authority: Provided further, That

18 the waiver authority of section 550(b) of the Foreign Op19 erations, Export Financing, and Related Programs Appro20 priations Act, 2005 (Public Law 108–447) may not be ex21 ercised with respect to funds appropriated for assistance

22 to the Palestinians under this chapter: Provided further,

23 That the waiver detailed in Presidential Determination

24 2005–10 issued on December 8, 2004, shall not be ex25 tended to funds appropriated under this chapter.
44

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1 CHAPTER 2

2 DEPARTMENT OF STATE AND RELATED

3 AGENCY

4 DEPARTMENT OF STATE

5 ADMINISTRATION OF FOREIGN AFFAIRS

6 DIPLOMATIC AND CONSULAR PROGRAMS

7 For an additional amount for ‘‘Diplomatic and Con8 sular Programs’’, $748,500,000, to remain available until

9 September 30, 2006: Provided, That the amounts provided

10 under this heading are designated as an emergency re11 quirement pursuant to section 402 of the conference re12 port to accompany S. Con. Res. 95 (108th Congress).

13 EMBASSY SECURITY, CONSTRUCTION, AND

14 MAINTENANCE

15 For an additional amount for ‘‘Embassy Security,

16 Construction, and Maintenance’’, $592,000,000, to re17 main available until expended: Provided, That the

18 amounts provided under this heading are designated as

19 an emergency requirement pursuant to section 402 of the

20 conference report to accompany S. Con. Res. 95 (108th

21 Congress).
45

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1 INTERNATIONAL ORGANIZATIONS

2 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

3 ACTIVITIES

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for ‘‘Contributions for

6 International Peacekeeping Activities’’, $580,000,000, to

7 remain available until September 30, 2006: Provided,

8 That the amounts provided under this heading are des9 ignated as an emergency requirement pursuant to section

10 402 of the conference report to accompany S. Con. Res.

11 95 (108th Congress): Provided further, That up to

12 $55,000,000 provided under this heading may be trans13 ferred to ‘‘Peacekeeping Operations’’, to be available for

14 costs of establishing and operating a Sudan war crimes

15 tribunal.

16 RELATED AGENCY

17 BROADCASTING BOARD OF GOVERNORS

18 INTERNATIONAL BROADCASTING OPERATIONS

19 For an additional amount for ‘‘International Broad20 casting Operations’’ for activities related to broadcasting

21 to the broader Middle East, $4,800,000, to remain avail22 able until September 30, 2006: Provided, That the

23 amounts provided under this heading are designated as

24 an emergency requirement pursuant to section 402 of the
46

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1 conference report to accompany S. Con. Res. 95 (108th

2 Congress).

3 CHAPTER 3

4 DEPARTMENT OF AGRICULTURE

5 FOREIGN AGRICULTURAL SERVICE

6 PUBLIC LAW 480 TITLE II GRANTS

7 For an additional amount for ‘‘Public Law 480 Title

8 II Grants’’, $150,000,000, to remain available until ex9 pended: Provided, That the amounts provided under this

10 heading are designated as an emergency requirement pur11 suant to section 402 of the conference report to accom12 pany S. Con. Res. 95 (108th Congress).

13 TITLE III—DOMESTIC APPROPRIATIONS FOR

14 THE WAR ON TERROR

15 CHAPTER 1

16 DEPARTMENT OF ENERGY

17 NATIONAL NUCLEAR SECURITY

18 ADMINISTRATION

19 DEFENSE NUCLEAR NONPROLIFERATION

20 For an additional amount for ‘‘Defense Nuclear Non21 proliferation’’, $110,000,000, to remain available until ex22 pended: Provided, That the amounts provided under this

23 heading are designated as an emergency requirement pur24 suant to section 402 of the conference report to accom25 pany S. Con. Res. 95 (108th Congress).
47

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1 CHAPTER 2

2 DEPARTMENT OF HOMELAND SECURITY

3 UNITED STATES COAST GUARD

4 OPERATING EXPENSES

5 For an additional amount for ‘‘Operating Expenses’’,

6 $111,950,000: Provided, That the amounts provided

7 under this heading are designated as an emergency re8 quirement pursuant to section 402 of the conference re9 port to accompany S. Con. Res. 95 (108th Congress).

10 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

11 For an additional amount for ‘‘Acquisition, Construc12 tion, and Improvements’’, $49,200,000, to remain avail13 able until September 30, 2007: Provided, That the

14 amounts provided under this heading are designated as

15 an emergency requirement pursuant to section 402 of the

16 conference report to accompany S. Con. Res. 95 (108th

17 Congress).

18 CHAPTER 3

19 DEPARTMENT OF JUSTICE

20 FEDERAL BUREAU OF INVESTIGATION

21 SALARIES AND EXPENSES

22 For an additional amount for ‘‘Salaries and Ex23 penses’’, $78,970,000: Provided, That the amounts pro24 vided under this heading are designated as an emergency
48

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1 requirement pursuant to section 402 of the conference re2 port to accompany S. Con. Res. 95 (108th Congress).

3 DRUG ENFORCEMENT ADMINISTRATION

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Salaries and Ex6 penses,’’ $7,648,000: Provided, That the amounts pro7 vided under this heading are designated as an emergency

8 requirement pursuant to section 402 of the conference re9 port to accompany S. Con. Res. 95 (108th Congress).

10 TITLE IV—INDIAN OCEAN TSUNAMI RELIEF

11 CHAPTER 1

12 FUNDS APPROPRIATED TO THE PRESIDENT

13 OTHER BILATERAL ASSISTANCE

14 TSUNAMI RECOVERY AND RECONSTRUCTION FUND

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary expenses to carry out the Foreign As17 sistance Act of 1961, for emergency relief, rehabilitation,

18 and reconstruction aid to countries affected by the tsu19 nami and earthquakes of December 2004, and for other

20 purposes, $656,000,000 (increased by $3,000,000), to re21 main available until September 30, 2006: Provided, That

22 these funds may be transferred by the Secretary of State

23 to any Federal agency or account for any activity author24 ized under part I (including chapter 4 of part II) of the

25 Foreign Assistance Act, or under the Agricultural Trade
49

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1 Development and Assistance Act of 1954, to accomplish

2 the purposes provided herein: Provided further, That upon

3 a determination that all or part of the funds so transferred

4 from this appropriation are not necessary for the purposes

5 provided herein, such amounts may be transferred back

6 to this appropriation: Provided further, That funds appro7 priated under this heading may be used to reimburse fully

8 accounts administered by the United States Agency for

9 International Development for obligations incurred for the

10 purposes provided under this heading prior to enactment

11 of this Act, including Public Law 480 Title II grants: Pro12 vided further, That the amounts provided under this head13 ing are designated as an emergency requirement pursuant

14 to section 402 of the conference report to accompany S.

15 Con. Res. 95 (108th Congress): Provided further, That of

16 the amounts provided herein: up to $10,000,000 may be

17 transferred to and consolidated with the Development

18 Credit Authority for the cost of direct loans and loan guar19 antees as authorized by sections 256 and 635 of the For20 eign Assistance Act of 1961 in furtherance of the purposes

21 of this heading; up to $15,000,000 may be transferred to

22 and consolidated with ‘‘Operating Expenses of the United

23 States Agency for International Development’’, of which

24 up to $2,000,000 may be used for administrative expenses

25 to carry out credit programs administered by the United
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1 States Agency for International Development in further2 ance of the purposes of this heading; up to $500,000 may

3 be transferred to and consolidated with ‘‘Operating Ex4 penses of the United States Agency for International De5 velopment, Office of Inspector General’’; and up to

6 $5,000,000 may be transferred to and consolidated with

7 ‘‘Administration of Foreign Affairs Emergencies in the

8 Diplomatic and Consular Service’’ for the purpose of pro9 viding support services for U.S. citizen victims and related

10 operations.

11 GENERAL PROVISION

12 SEC. 4101. Amounts made available pursuant to sec13 tion 492(b) of the Foreign Assistance Act of 1961 to ad14 dress relief and rehabilitation needs for countries affected

15 by the tsunami and earthquake of December 2004, prior

16 to the enactment of this Act, shall be in addition to the

17 amount that may be obligated in fiscal year 2005 under

18 that section.

19 SEC. 4102. The Secretary of State shall submit to

20 the Committees on Appropriations not later than 30 days

21 after enactment, and prior to the initial obligation of funds

22 appropriated under this chapter, a report on the proposed

23 uses of all funds on a project-by-project basis, for which

24 the obligation of funds is anticipated: Provided, That up

25 to 10 percent of funds appropriated under this chapter
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1 may be obligated before the submission of the report sub2 ject to the normal notification procedures of the Commit3 tees on Appropriations: Provided further, That the report

4 shall be updated and submitted to the Committees on Ap5 propriations every six months and shall include informa6 tion detailing how the estimates and assumptions con7 tained in previous reports have changed: Provided further,

8 That any proposed new projects and increases in funding

9 of ongoing projects shall be reported to the Committees

10 on Appropriations in accordance with regular notification

11 procedures: Provided further, That the Secretary of State

12 shall submit to the Committees on Appropriations, not

13 later than 210 days following enactment of this Act, and

14 every six months thereafter, a report detailing on a

15 project-by project basis, the expenditure of funds appro16 priated under this chapter until all funds have been fully

17 expended.

18 CHAPTER 2

19 DEPARTMENT OF DEFENSE—MILITARY

20 OPERATION AND MAINTENANCE

21 OPERATION AND MAINTENANCE, NAVY

22 For an additional amount for ‘‘Operation and Main23 tenance, Navy’’, $124,100,000: Provided, That the

24 amounts provided under this heading are designated as

25 an emergency requirement pursuant to section 402 of the
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1 conference report to accompany S. Con. Res. 95 (108th

2 Congress).

3 OPERATION AND MAINTENANCE, MARINE CORPS

4 For an additional amount for ‘‘Operation and Main5 tenance, Marine Corps’’, $2,800,000: Provided, That the

6 amounts provided under this heading are designated as

7 an emergency requirement pursuant to section 402 of the

8 conference report to accompany S. Con. Res. 95 (108th

9 Congress).

10 OPERATION AND MAINTENANCE, AIR FORCE

11 For an additional amount for ‘‘Operation and Main12 tenance, Air Force’’, $30,000,000: Provided, That the

13 amounts provided under this heading are designated as

14 an emergency requirement pursuant to section 402 of the

15 conference report to accompany S. Con. Res. 95 (108th

16 Congress).

17 OPERATION AND MAINTENANCE, DEFENSE-WIDE

18 For an additional amount for ‘‘Operation and Main19 tenance, Defense-Wide’’, $29,150,000: Provided, That the

20 amounts provided under this heading are designated as

21 an emergency requirement pursuant to section 402 of the

22 conference report to accompany S. Con. Res. 95 (108th

23 Congress).
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1 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

2 For an additional amount for ‘‘Overseas Humani3 tarian, Disaster, and Civic Aid’’, $36,000,000, to remain

4 available until September 30, 2006: Provided, That the

5 amounts provided under this heading are designated as

6 an emergency requirement pursuant to section 402 of the

7 conference report to accompany S. Con. Res. 95 (108th

8 Congress).

9 CHAPTER 3

10 DEPARTMENT OF DEFENSE

11 DEFENSE HEALTH PROGRAM

12 For an additional amount for ‘‘Defense Health Pro13 gram’’, $3,600,000 for operation and maintenance: Pro14 vided, That the amounts provided under this heading are

15 designated as an emergency requirement pursuant to sec16 tion 402 of the conference report to accompany S. Con.

17 Res. 95 (108th Congress).

18 CHAPTER 4

19 DEPARTMENT OF HOMELAND SECURITY

20 UNITED STATES COAST GUARD

21 OPERATING EXPENSES

22 For an additional amount for ‘‘Operating Expenses’’,

23 $350,000: Provided, That the amounts provided under

24 this heading are designated as an emergency requirement
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1 pursuant to section 402 of the conference report to accom2 pany S. Con. Res. 95 (108th Congress).

3 CHAPTER 5

4 DEPARTMENT OF THE INTERIOR

5 UNITED STATES GEOLOGICAL SURVEY

6 SURVEYS, INVESTIGATIONS, AND RESEARCH

7 For an additional amount for ‘‘Surveys, Investiga8 tions, and Research’’, $8,100,000, to remain available

9 until September 30, 2006: Provided, That the amounts

10 provided under this heading are designated as an emer11 gency requirement pursuant to section 402 of the con12 ference report to accompany S. Con. Res. 95 (108th Con13 gress).

14 CHAPTER 6

15 DEPARTMENT OF COMMERCE

16 NATIONAL OCEANIC AND ATMOSPHERIC

17 ADMINISTRATION

18 OPERATIONS, RESEARCH, AND FACILITIES

19 For an additional amount for ‘‘Operations, Research,

20 and Facilities’’, $4,830,000, to remain available until Sep21 tember 30, 2006, for United States tsunami warning ca22 pabilities and operations: Provided, That the amounts pro23 vided under this heading are designated as an emergency

24 requirement pursuant to section 402 of the conference re25 port to accompany S. Con. Res. 95 (108th Congress).
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1 PROCUREMENT, ACQUISITION AND CONSTRUCTION

2 For an additional amount for ‘‘Procurement, Acquisi3 tion and Construction’’, $9,670,000, to remain available

4 until September 30, 2007, for United States tsunami

5 warning capabilities: Provided, That the amounts provided

6 under this heading are designated as an emergency re7 quirement pursuant to section 402 of the conference re8 port to accompany S. Con. Res. 95 (108th Congress).

9 TITLE V—GENERAL PROVISIONS AND

10 TECHNICAL CORRECTIONS

11 SEC. 5001. No part of any appropriation contained

12 in this Act shall remain available for obligation beyond

13 the current fiscal year unless expressly so provided herein.

14 (INCLUDING TRANSFERS OF FUNDS)

15 SEC. 5002. Notwithstanding any other provision of

16 law, upon enactment of this Act, the Secretary of Defense

17 shall make the following transfers of funds previously

18 made available in the Department of Defense Appropria19 tions Act, 2005 (Public Law 108–287): Provided, That the

20 amounts transferred shall be made available for the same

21 purpose and the same time period as the appropriation

22 to which transferred: Provided further, That the authority

23 provided in this section is in addition to any other transfer

24 authority available to the Department of Defense: Pro25 vided further, That the amounts shall be transferred be-
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1 tween the following appropriations, in the amounts speci2 fied:

3 To:

4 Under the heading, ‘‘Research, Develop5 ment, Test and Evaluation, Air Force,

6 2005/2006’’, $500,000;

7 From:

8 Under the heading, ‘‘Other Procurement,

9 Air Force’’, $500,000.

10 To:

11 Under the heading, ‘‘Other Procurement,

12 Air Force, 2005/2007’’, $8,200,000;

13 From:

14 Under the heading, ‘‘Other Procurement,

15 Navy, 2005/2007’’, $8,200,000.

16 SEC. 5003. Funds appropriated by this Act may be

17 obligated and expended notwithstanding section 15 of the

18 State Department Basic Authorities Act of 1956, section

19 313 of the Foreign Relations Authorization Act, Fiscal

20 Years 1994 and 1995 (Public Law 103–236) and section

21 10 of Public Law 91–672 (22 U.S.C. 2412), and section

22 504(a)(1) of the National Security Act of 1947 (50 U.S.C.

23 414(a)(1)).

24 SEC. 5004. The last proviso under the heading ‘‘Op25 eration and Maintenance’’ in title I of division C of Public
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1 Law 108–447 is amended by striking ‘‘Public Law 108–

2 357’’ and inserting ‘‘Public Law 108–137’’.

3 SEC. 5005. Section 101 of title I of division C of Pub4 lic Law 108–447 is amended by striking ‘‘per project’’ and

5 all that follows through the period at the end and inserting

6 ‘‘for all applicable programs and projects not to exceed

7 $80,000,000 in each fiscal year.’’.

8 SEC. 5006. The matter under the heading ‘‘Water

9 and Related Resources’’ in title II of division C of Public

10 Law 108–447 is amended by inserting before the period

11 at the end the following: ‘‘: Provided further, That

12 $4,023,000 of the funds appropriated under this heading

13 shall be deposited in the San Gabriel Basin Restoration

14 Fund established by section 110 of title I of division B

15 of the Miscellaneous Appropriations Act, 2001 (as enacted

16 into law by Public Law 106–554)’’.

17 SEC. 5007. In division C, title III of the Consolidated

18 Appropriations Act, 2005 (Public Law 108–447), the item

19 relating to ‘‘Department of Energy—Energy Programs—

20 Nuclear Waste Disposal’’ is amended by—

21 (1) inserting ‘‘to be derived from the Nuclear

22 Waste Fund and’’ after ‘‘$346,000,000,’’; and

23 (2) striking ‘‘to conduct scientific oversight re24 sponsibilities and participate in licensing activities

25 pursuant to the Act’’ and inserting ‘‘to participate
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1 in licensing activities and other appropriate activities

2 pursuant to the Act’’.

3 SEC. 5008. Section 144(b)(2) of title I of division E

4 of Public Law 108–447 is amended by striking ‘‘Sep5 tember 24, 2004’’ and inserting ‘‘November 12, 2004’’.

6 SEC. 5009. In the statement of the managers of the

7 committee of conference accompanying H.R. 4818 (Public

8 Law 108–447; House Report 108–792), in the matter in

9 title III of division F, relating to the Fund for the Im10 provement of Education under the heading ‘‘Innovation

11 and Improvement’’—

12 (1) the provision specifying $500,000 for the

13 Mississippi Museum of Art, Jackson, MS for Hardy

14 Middle School After School Program shall be

15 deemed to read ‘‘Mississippi Museum of Art, Jack16 son, MS for a Mississippi Museum of Art After17 School Collaborative’’;

18 (2) the provision specifying $2,000,000 for the

19 Milken Family Foundation, Santa Monica, CA, for

20 the Teacher Advancement Program shall be deemed

21 to read ‘‘Teacher Advancement Program Founda22 tion, Santa Monica, CA for the Teacher Advance23 ment Program’’;

24 (3) the provision specifying $1,000,000 for

25 Batelle for Kids, Columbus, OH for a multi-state ef-
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1 fort to evaluate and learn the most effective ways for

2 accelerating student academic growth shall be

3 deemed to read ‘‘Battelle for Kids, Columbus, OH

4 for a multi-state effort to implement, evaluate and

5 learn the most effective ways for accelerating stu6 dent academic growth’’;

7 (4) the provision specifying $750,000 for the

8 Institute of Heart Math, Boulder Creek, CO for a

9 teacher retention and student dropout prevention

10 program shall be deemed to read ‘‘Institute of Heart

11 Math, Boulder Creek, CA for a teacher retention

12 and student dropout prevention program’’;

13 (5) the provision specifying $200,000 for Fair14 fax County Public Schools, Fairfax, VA for Chinese

15 language programs in Franklin Sherman Elemen16 tary School and Chesterbrook Elementary School in

17 McLean, Virginia shall be deemed to read ‘‘Fairfax

18 County Public Schools, Fairfax, VA for Chinese lan19 guage programs in Shrevewood Elementary School

20 and Wolftrap Elementary School’’;

21 (6) the provision specifying $1,250,000 for the

22 University of Alaska/Fairbanks in Fairbanks, AK,

23 working with the State of Alaska and Catholic Com24 munity Services, for the Alaska System for Early

25 Education Development (SEED) shall be deemed to
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1 read ‘‘University of Alaska/Southeast in Juneau,

2 AK, working with the State of Alaska and Catholic

3 Community Services, for the Alaska System for

4 Early Education Development (SEED)’’;

5 (7) the provision specifying $25,000 for QUILL

6 Productions, Inc., Aston, PA, to develop and dis7 seminate programs to enhance the teaching of Amer8 ican history shall be deemed to read ‘‘QUILL Enter9 tainment Company, Aston, PA, to develop and dis10 seminate programs to enhance the teaching of Amer11 ican history’’;

12 (8) the provision specifying $780,000 for City

13 of St. Charles, MO for the St. Charles Foundry Arts

14 Center in support of arts education shall be deemed

15 to read ‘‘The Foundry Art Centre, St. Charles, Mis16 souri for support of arts education in conjunction

17 with the City of St. Charles, MO’’;

18 (9) the provision specifying $100,000 for Com19 munity Arts Program, Chester, PA, for arts edu20 cation shall be deemed to read ‘‘Chester Economic

21 Development Authority, Chester, PA for a commu22 nity arts program’’;

23 (10) the provision specifying $100,000 for Kids

24 with A Promise—The Bowery Mission, Bushkill, PA
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1 shall be deemed to read ‘‘Kids with A Promise—The

2 Bowery Mission, New York, NY’’;

3 (11) the provision specifying $50,000 for Great

4 Projects Film Company, Inc., Washington, DC, to

5 produce ‘‘Educating America’’, a documentary about

6 the challenges facing our public schools shall be

7 deemed to read ‘‘Great Projects Film Company,

8 Inc., New York, NY, to produce ‘Educating Amer9 ica’, a documentary about the challenges facing our

10 public schools’’;

11 (12) the provision specifying $30,000 for Sum12 mer Camp Opportunities Provide an Edge

13 (SCOPE), New York, NY for YMCA Camps

14 Skycrest, Speers and Elijabar shall be deemed to

15 read ‘‘American Camping Association for Summer

16 Camp Opportunities Provide an Edge (SCOPE),

17 New York, NY for YMCA Camps Skycrest and

18 Speers-Elijabar’’; and

19 (13) the provision specifying $163,000 for

20 Space Education Initiatives, Green Bay, WI for the

21 Wisconsin Space Science Initiative shall be deemed

22 to read ‘‘Space Education Initiatives, De Pere, WI

23 for the Wisconsin Space Science Initiative’’.

24 SEC. 5010. In the statement of the managers of the

25 committee of conference accompanying H.R. 4818 (Public
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1 Law 108–447; House Report 108–792), in the matter in

2 title III of division F, relating to the Fund for the Im3 provement of Postsecondary Education under the heading

4 ‘‘Higher Education’’—

5 (1) the provision specifying $145,000 for the

6 Belin-Blank Center at the University of Iowa, Iowa

7 City, IA for the Big 10 school initiative to improve

8 minority student access to Advanced Placement

9 courses shall be deemed to read ‘‘University of Iowa,

10 Iowa City, IA for the Iowa and Israel: Partners in

11 Excellence program to enhance math and science op12 portunities to rural Iowa students’’;

13 (2) the provision specifying $150,000 for Mercy

14 College, Dobbs Ferry, NY for the development of a

15 registered nursing program shall be deemed to read

16 ‘‘Mercy College, Dobbs Ferry, NY, for the develop17 ment of a master’s degree program in nursing edu18 cation, including marketing and recruitment activi19 ties’’;

20 (3) the provision specifying $100,000 for Uni21 versity of Alaska/Southeast to develop distance edu22 cation coursework for arctic engineering courses and

23 programs shall be deemed to read ‘‘University of

24 Alaska System Office to develop distance education
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1 coursework for arctic engineering courses and pro2 grams’’; and

3 (4) the provision specifying $100,000 for Cul4 ver-Stockton College, Canton, MO for equipment

5 and technology shall be deemed to read ‘‘Moberly

6 Area Community College, Moberly, MO for equip7 ment and technology’’.

8 SEC. 5011. The matter under the heading ‘‘Corpora9 tion for National and Community Service—National and

10 Community Service Programs Operating Expenses’’ in

11 title III of division I of Public Law 108–447 is amended

12 by inserting before the period at the end the following:

13 ‘‘: Provided further, That the Corporation may use up to

14 1 percent of program grant funds made available under

15 this heading to defray its costs of conducting grant appli16 cation reviews, including the use of outside peer review17 ers’’.

18 SEC. 5012. Section 114 of title I of division I of the

19 Consolidated Appropriations Act, 2005 (Public Law 108–

20 447) is amended by inserting before the period ‘‘and sec21 tion 303 of Public Law 108–422’’.

22 SEC. 5013. Section 117 of title I of division I of the

23 Consolidated Appropriations Act, 2005 (Public Law 108–

24 447) is amended by striking ‘‘that are deposited into the
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1 Medical Care Collections Fund may be transferred and

2 merged with’’ and inserting ‘‘may be deposited into the’’.

3 SEC. 5014. Section 1703(d)(2) of title 38, United

4 States Code, is amended by striking ‘‘shall be available

5 for the purposes’’ and inserting ‘‘shall be available, with6 out fiscal limitation, for the purposes’’.

7 SEC. 5015. Section 621 of title VI of division B of

8 Public Law 108–199 is amended by striking ‘‘of pas9 senger, cargo and other aviation services’’.

10 SEC. 5016. Section 619(a) of title VI of division B

11 of Public Law 108–447 is amended by striking ‘‘Asheville12 Buncombe Technical Community College’’ and inserting

13 ‘‘the International Small Business Institute’’.

14 SEC. 5017. (a) Section 619(a) of title VI of division

15 B of Public Law 108–447 is amended by striking ‘‘for

16 the continued modernization of the Mason Building’’.

17 (b) Section 621 of title VI of division B of Public

18 Law 108–199, as amended by Public Law 108–447, is

19 amended by striking ‘‘, for the continued modernization

20 of the Mason Building’’.

21 SEC. 5018. The Department of Justice may transfer

22 funds from any Department of Justice account to ‘‘Deten23 tion Trustee’’: Provided, That the notification requirement

24 in section 605(b) of title VI of division B of Public Law

25 108–447 shall remain in effect for any such transfers.
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1 SEC. 5019. The referenced statement of managers

2 under the heading ‘‘Community Development Fund’’ in

3 title II of division K of Public Law 108–7 is deemed to

4 be amended—

5 (1) with respect to item number 39 by striking

6 ‘‘Conference and Workforce Center in Harrison, Ar7 kansas’’ and inserting ‘‘in Harrison, Arkansas for

8 facilities construction of the North Arkansas College

9 Health Sciences Education Center’’; and

10 (2) with respect to item number 316 by striking

11 ‘‘for renovation of a visitor center to accommodate

12 a Space and Flight Center’’ and inserting ‘‘to build13 out the Prince George’s County Economic Develop14 ment and Business Assistance Center’’.

15 SEC. 5020. The referenced statement of the man16 agers under the heading ‘‘Community Development Fund’’

17 in title II of division G of Public Law 108–199 is deemed

18 to be amended—

19 (1) with respect to item number 56 by striking

20 ‘‘Conference and Training Center’’ and inserting

21 ‘‘North Arkansas College Health Sciences Education

22 Center’’;

23 (2) with respect to item number 102 by striking

24 ‘‘to the Town of Groveland, California for purchase

25 of a youth center’’ and inserting ‘‘to the County of
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1 Tuolomne for the purchase of a new youth center in

2 the mountain community of Groveland’’;

3 (3) with respect to item number 218 by striking

4 ‘‘for construction’’ and inserting ‘‘for design and en5 gineering’’;

6 (4) with respect to item number 472 by striking

7 ‘‘for sidewalk, curbs and facade improvements in the

8 Morton Avenue neighborhood’’ and inserting ‘‘for

9 streetscape renovation’’; and

10 (5) with respect to item number 493 by striking

11 ‘‘for land acquisition’’ and inserting ‘‘for planning

12 and design of its Sports and Recreation Center and

13 Education Complex’’.

14 SEC. 5021. The referenced statement of the man15 agers under the heading ‘‘Community Development Fund’’

16 in title II of division I of Public Law 108–447 is deemed

17 to be amended as follows—

18 (1) with respect to item number 706 by striking

19 ‘‘ a public swimming pool’’ and inserting ‘‘recreation

20 fields’’;

21 (2) with respect to item number 667 by striking

22 ‘‘to the Town of Appomattox, Virginia for facilities

23 construction of an African-American cultural and

24 heritage museum at the Carver-Price building’’ and
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1 inserting ‘‘to the County of Appomattox, Virginia for

2 renovation of the Carver-Price building’’;

3 (3) with respect to item number 668 by striking

4 ‘‘for the Town of South Boston, Virginia for renova5 tions and creation of a community arts center at the

6 Prizery’’ and inserting ‘‘for The Prizery in South

7 Boston, Virginia for renovations and creation of a

8 community arts center’’;

9 (4) with respect to item number 669 by striking

10 ‘‘for the City of Moneta, Virginia for facilities con11 struction and renovations of an art, education, and

12 community outreach center’’ and inserting ‘‘for the

13 Moneta Arts, Education, and Community Outreach

14 Center in Moneta, Virginia for facilities construction

15 and renovations’’;

16 (5) with respect to item number 910 by striking

17 ‘‘repairs to’’ and inserting ‘‘renovation and construc18 tion of’’; and

19 (6) with respect to item number 902 by striking

20 ‘‘City of Brooklyn’’ and inserting ‘‘Fifth Ave Com21 mittee in Brooklyn’’.

22 SEC. 5022. Section 308 of division B of Public Law

23 108–447 is amended by striking all after the words ‘‘shall

24 be deposited’’, and inserting ‘‘as offsetting receipts to the

25 fund established under 28 U.S.C. 1931 and shall remain
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1 available to the Judiciary until expended to reimburse any

2 appropriation for the amount paid out of such appropria3 tion for expenses of the Courts of Appeals, District

4 Courts, and Other Judicial Services and the Administra5 tive Offices of the United States Courts.’’.

6 SEC. 5023. Section 198 of division H of Public Law

7 108–447 is amended by inserting ‘‘under title 23 of the

8 United States Code’’ after ‘‘law’’.

9 SEC. 5024. The District of Columbia Appropriations

10 Act, 2005 (Public Law 108–335) approved October 18,

11 2004, is amended as follows:

12 (1) Section 331 is amended as follows:

13 (A) in the first sentence by striking the

14 word ‘‘$15,000,000’’ and inserting

15 ‘‘$42,000,000, to remain available until ex16 pended,’’ in its place; and

17 (B) by amending paragraph (5) to read as

18 follows:

19 ‘‘(5) The amounts may be obligated or ex20 pended only if the Mayor notifies the Committees on

21 Appropriations of the House of Representatives and

22 Senate in writing 30 days in advance of any obliga23 tion or expenditure.’’.

24 (2) By inserting a new section before the short

25 title at the end to read as follows:
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1 ‘‘SEC. 348. The amount appropriated by this Act may

2 be increased by an additional amount of $206,736,000 (in3 cluding $49,927,000 from local funds and $156,809,000

4 from other funds) to be transferred by the Mayor of the

5 District of Columbia to the various headings under this

6 Act as follows:

7 ‘‘(1) $174,927,000 (including $34,927,000

8 from local funds, and $140,000,000 from other

9 funds) shall be transferred under the heading ‘Gov10 ernment Direction and Support’: Provided, That of

11 the funds, $33,000,000 from local funds shall re12 main available until expended: Provided further,

13 That of the funds, $140,000,000 from other funds

14 shall remain available until expended and shall only

15 be available in conjunction with revenue from a pri16 vate or alternative financing proposal approved pur17 suant to section 106 of DC Act 15–717, the

18 ‘Ballpark Omnibus Financing and Revenue Act of

19 2004’ approved by the District of Columbia, Decem20 ber 29, 2004, and

21 ‘‘(2) $15,000,000 from local funds shall be

22 transferred under the heading ‘Repayment of Loans

23 and Interest’, and
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1 ‘‘(3) $14,000,000 from other funds shall be

2 transferred under the heading ‘Sports and Enter3 tainment Commission’, and

4 ‘‘(4) $2,809,000 from other funds shall be

5 transferred under the heading ‘Water and Sewer Au6 thority’.’’.

7 TITLE VI—

8 HUMANITARIAN ASSISTANCE CODE OF

9 CONDUCT

10 SEC. 6001. SHORT TITLE.

11 This title may be cited as the ‘‘Humanitarian Assist12 ance Code of Conduct Act of 2005’’.

13 SEC. 6002. CODE OF CONDUCT FOR THE PROTECTION OF

14 BENEFICIARIES OF HUMANITARIAN ASSIST15 ANCE.

16 (a) PROHIBITION.—None of the funds made available

17 for foreign operations, export financing, and related pro18 grams under the headings ‘‘Migration and Refugee Assist19 ance’’, ‘‘United States Emergency Refugee and Migration

20 Assistance Fund’’, ‘‘International Disaster and Famine

21 Assistance’’, or ‘‘Transition Initiatives’’ may be obligated

22 to an organization that fails to adopt a code of conduct

23 that provides for the protection of beneficiaries of assist24 ance under any such heading from sexual exploitation and

25 abuse in humanitarian relief operations.
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1 (b) SIX CORE PRINCIPLES.—The code of conduct re2 ferred to in subsection (a) shall, to the maximum extent

3 practicable, be consistent with the following six core prin4 ciples of the United Nations Inter-Agency Standing Com5 mittee Task Force on Protection From Sexual Exploi6 tation and Abuse in Humanitarian Crises:

7 (1) ‘‘Sexual exploitation and abuse by humani8 tarian workers constitute acts of gross misconduct

9 and are therefore grounds for termination of employ10 ment.’’.

11 (2) ‘‘Sexual activity with children (persons

12 under the age of 18) is prohibited regardless of the

13 age of majority or age of consent locally. Mistaken

14 belief regarding the age of a child is not a defense.’’.

15 (3) ‘‘Exchange of money, employment, goods, or

16 services for sex, including sexual favors or other

17 forms of humiliating, degrading or exploitative be18 havior, is prohibited. This includes exchange of as19 sistance that is due to beneficiaries.’’.

20 (4) ‘‘Sexual relationships between humanitarian

21 workers and beneficiaries are strongly discouraged

22 since they are based on inherently unequal power dy23 namics. Such relationships undermine the credibility

24 and integrity of humanitarian aid work.’’.
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1 (5) ‘‘Where a humanitarian worker develops

2 concerns or suspicions regarding sexual abuse or ex3 ploitation by a fellow worker, whether in the same

4 agency or not, he or she must report such concerns

5 via established agency reporting mechanisms.’’.

6 (6) ‘‘Humanitarian agencies are obliged to cre7 ate and maintain an environment which prevents

8 sexual exploitation and abuse and promotes the im9 plementation of their code of conduct. Managers at

10 all levels have particular responsibilities to support

11 and develop systems which maintain this environ12 ment.’’.

13 SEC. 6003. REPORT.

14 Not later than 180 days after the date of the enact15 ment of this Act, and not later than one year after the

16 date of the enactment of this Act, the President shall

17 transmit to the Committee on Appropriations and the

18 Committee on International Relations of the House of

19 Representatives and the Committee on Appropriations and

20 the Committee on Foreign Relations of the Senate a de21 tailed report on the implementation of this title.

22 SEC. 6004. EFFECTIVE DATE; APPLICABILITY.

23 This title—

24 (1) takes effect 60 days after the date of the

25 enactment of this Act; and
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1 (2) applies to funds obligated after the effective

2 date referred to in paragraph (1)—

3 (A) for fiscal year 2005; and

4 (B) any subsequent fiscal year.

5 TITLE VII—ADDITIONAL GENERAL PROVISIONS

6 SEC. 7001. None of the funds made available in this

7 Act may be used for embassy security, construction, and

8 maintenance.

9 SEC. 7002. None of the funds made available in this

10 Act may be used to fund any contract in contravention

11 of section 15(g)(2) of the Small Business Act (15 U.S.C.

12 644(g)(2)).

13 SEC. 7003. None of the funds made available in this

14 Act may be used in contravention of the following laws

15 enacted or regulations promulgated to implement the

16 United Nations Convention Against Torture and Other

17 Cruel, Inhuman or Degrading Treatment or Punishment

18 (done at New York on December 10, 1984):

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

20 Code.

21 (2) Section 2242 of the Foreign Affairs Reform

22 and Restructuring Act of 1998 (division G of Public

23 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231

24 note) and any regulations prescribed thereto, includ25 ing regulations under part 208 of title 8, Code of
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1 Federal Regulations, and part 95 of title 22, Code

2 of Federal Regulations.

3 This division may be cited as the ‘‘Emergency Sup4 plemental Appropriations Act for Defense, the Global War

5 on Terror, and Tsunami Relief, 2005’’.

6 DIVISION B—REAL ID ACT OF

7 2005

8 SECTION 1. SHORT TITLE.

9 This division may be cited as the ‘‘REAL ID Act of

10 2005’’.

11 TITLE I—AMENDMENTS TO FED12 ERAL LAWS TO PROTECT

13 AGAINST TERRORIST ENTRY

14 SEC. 101. PREVENTING TERRORISTS FROM OBTAINING RE15 LIEF FROM REMOVAL.

16 (a) CONDITIONS FOR GRANTING ASYLUM.—Section

17 208(b)(1) of the Immigration and Nationality Act (8

18 U.S.C. 1158(b)(1)) is amended—

19 (1) by striking ‘‘The Attorney General’’ the

20 first place such term appears and inserting the fol21 lowing:

22 ‘‘(A) ELIGIBILITY.—The Secretary of

23 Homeland Security or the Attorney General’’;

24 (2) by striking ‘‘the Attorney General’’ the sec25 ond and third places such term appears and insert-
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1 ing ‘‘the Secretary of Homeland Security or the At2 torney General’’; and

3 (3) by adding at the end the following:

4 ‘‘(B) BURDEN OF PROOF.—

5 ‘‘(i) IN GENERAL.—The burden of

6 proof is on the applicant to establish that

7 the applicant is a refugee, within the

8 meaning of section 101(a)(42)(A). To es9 tablish that the applicant is a refugee with10 in the meaning of such section, the appli11 cant must establish that race, religion, na12 tionality, membership in a particular social

13 group, or political opinion was or will be a

14 central reason for persecuting the appli15 cant.

16 ‘‘(ii) SUSTAINING BURDEN.—The tes17 timony of the applicant may be sufficient

18 to sustain the applicant’s burden without

19 corroboration, but only if the applicant sat20 isfies the trier of fact that the applicant’s

21 testimony is credible, is persuasive, and re22 fers to specific facts sufficient to dem23 onstrate that the applicant is a refugee. In

24 determining whether the applicant has met

25 the applicant’s burden, the trier of fact
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1 may weigh the credible testimony along

2 with other evidence of record. Where the

3 trier of fact determines, in the trier of

4 fact’s discretion, that the applicant should

5 provide evidence which corroborates other6 wise credible testimony, such evidence

7 must be provided unless the applicant does

8 not have the evidence and cannot reason9 ably obtain the evidence without departing

10 the United States. The inability to obtain

11 corroborating evidence does not excuse the

12 applicant from meeting the applicant’s

13 burden of proof.

14 ‘‘(iii) CREDIBILITY DETERMINA15 TION.—The trier of fact should consider all

16 relevant factors and may, in the trier of

17 fact’s discretion, base the trier of fact’s

18 credibility determination on any such fac19 tor, including the demeanor, candor, or re20 sponsiveness of the applicant or witness,

21 the inherent plausibility of the applicant’s

22 or witness’s account, the consistency be23 tween the applicant’s or witness’s written

24 and oral statements (whenever made and

25 whether or not made under oath), the in-
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1 ternal consistency of each such statement,

2 the consistency of such statements with

3 other evidence of record (including the re4 ports of the Department of State on coun5 try conditions), and any inaccuracies or

6 falsehoods in such statements, without re7 gard to whether an inconsistency, inaccu8 racy, or falsehood goes to the heart of the

9 applicant’s claim. There is no presumption

10 of credibility.’’.

11 (b) WITHHOLDING OF REMOVAL.—Section 241(b)(3)

12 of the Immigration and Nationality Act (8 U.S.C.

13 1231(b)(3)) is amended by adding at the end the fol14 lowing:

15 ‘‘(C) SUSTAINING BURDEN OF PROOF;

16 CREDIBILITY DETERMINATIONS.—In deter17 mining whether an alien has demonstrated that

18 the alien’s life or freedom would be threatened

19 for a reason described in subparagraph (A), the

20 trier of fact shall determine whether the alien

21 has sustained the alien’s burden of proof, and

22 shall make credibility determinations, in the

23 manner described in clauses (ii) and (iii) of sec24 tion 208(b)(1)(B).’’.
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1 (c) OTHER REQUESTS FOR RELIEF FROM RE2 MOVAL.—Section 240(c) of the Immigration and Nation3 ality Act (8 U.S.C. 1230(c)) is amended—

4 (1) by redesignating paragraphs (4), (5), and

5 (6) as paragraphs (5), (6), and (7), respectively; and

6 (2) by inserting after paragraph (3) the fol7 lowing:

8 ‘‘(4) APPLICATIONS FOR RELIEF FROM RE9 MOVAL.—

10 ‘‘(A) IN GENERAL.—An alien applying for

11 relief or protection from removal has the bur12 den of proof to establish that the alien—

13 ‘‘(i) satisfies the applicable eligibility

14 requirements; and

15 ‘‘(ii) with respect to any form of relief

16 that is granted in the exercise of discre17 tion, that the alien merits a favorable exer18 cise of discretion.

19 ‘‘(B) SUSTAINING BURDEN.—The appli20 cant must comply with the applicable require21 ments to submit information or documentation

22 in support of the applicant’s application for re23 lief or protection as provided by law or by regu24 lation or in the instructions for the application

25 form. In evaluating the testimony of the appli-
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1 cant or other witness in support of the applica2 tion, the immigration judge will determine

3 whether or not the testimony is credible, is per4 suasive, and refers to specific facts sufficient to

5 demonstrate that the applicant has satisfied the

6 applicant’s burden of proof. In determining

7 whether the applicant has met such burden, the

8 immigration judge shall weigh the credible testi9 mony along with other evidence of record.

10 Where the immigration judge determines in the

11 judge’s discretion that the applicant should pro12 vide evidence which corroborates otherwise cred13 ible testimony, such evidence must be provided

14 unless the applicant demonstrates that the ap15 plicant does not have the evidence and cannot

16 reasonably obtain the evidence without depart17 ing from the United States. The inability to ob18 tain corroborating evidence does not excuse the

19 applicant from meeting the burden of proof.

20 ‘‘(C) CREDIBILITY DETERMINATION.—The

21 immigration judge should consider all relevant

22 factors and may, in the judge’s discretion, base

23 the judge’s credibility determination on any

24 such factor, including the demeanor, candor, or

25 responsiveness of the applicant or witness, the
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1 inherent plausibility of the applicant’s or

2 witness’s account, the consistency between the

3 applicant’s or witness’s written and oral state4 ments (whenever made and whether or not

5 made under oath), the internal consistency of

6 each such statement, the consistency of such

7 statements with other evidence of record (in8 cluding the reports of the Department of State

9 on country conditions), and any inaccuracies or

10 falsehoods in such statements, without regard

11 to whether an inconsistency, inaccuracy, or

12 falsehood goes to the heart of the applicant’s

13 claim. There is no presumption of credibility.’’.

14 (d) STANDARD OF REVIEW FOR ORDERS OF RE15 MOVAL.—Section 242(b)(4) of the Immigration and Na16 tionality Act (8 U.S.C. 1252(b)(4)) is amended by adding

17 at the end, after subparagraph (D), the following: ‘‘No

18 court shall reverse a determination made by a trier of fact

19 with respect to the availability of corroborating evidence,

20 as described in section 208(b)(1)(B), 240(c)(4)(B), or

21 241(b)(3)(C), unless the court finds that a reasonable

22 trier of fact is compelled to conclude that such corrobo23 rating evidence is unavailable.’’.
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1 (e) CLARIFICATION OF DISCRETION.—Section

2 242(a)(2)(B) of the Immigration and Nationality Act (8

3 U.S.C. 1252(a)(2)(B)) is amended—

4 (1) by inserting ‘‘or the Secretary of Homeland

5 Security’’ after ‘‘Attorney General’’ each place such

6 term appears; and

7 (2) in the matter preceding clause (i), by insert8 ing ‘‘and regardless of whether the judgment, deci9 sion, or action is made in removal proceedings,’’

10 after ‘‘other provision of law,’’.

11 (f) REMOVAL OF CAPS.—Section 209 of the Immigra12 tion and Nationality Act (8 U.S.C. 1159) is amended—

13 (1) in subsection (a)(1)—

14 (A) by striking ‘‘Service’’ and inserting

15 ‘‘Department of Homeland Security’’; and

16 (B) by striking ‘‘Attorney General’’ each

17 place such term appears and inserting ‘‘Sec18 retary of Homeland Security or the Attorney

19 General’’;

20 (2) in subsection (b)—

21 (A) by striking ‘‘Not more’’ and all that

22 follows through ‘‘asylum who—’’ and inserting

23 ‘‘The Secretary of Homeland Security or the

24 Attorney General, in the Secretary’s or the At25 torney General’s discretion and under such reg-
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1 ulations as the Secretary or the Attorney Gen2 eral may prescribe, may adjust to the status of

3 an alien lawfully admitted for permanent resi4 dence the status of any alien granted asylum

5 who—’’; and

6 (B) in the matter following paragraph (5),

7 by striking ‘‘Attorney General’’ and inserting

8 ‘‘Secretary of Homeland Security or the Attor9 ney General’’; and

10 (3) in subsection (c), by striking ‘‘Attorney

11 General’’ and inserting ‘‘Secretary of Homeland Se12 curity or the Attorney General’’.

13 (g) EFFECTIVE DATES.—

14 (1) The amendments made by paragraphs (1)

15 and (2) of subsection (a) shall take effect as if en16 acted on March 1, 2003.

17 (2) The amendments made by subsections

18 (a)(3), (b), and (c) shall take effect on the date of

19 the enactment of this division and shall apply to ap20 plications for asylum, withholding, or other removal

21 made on or after such date.

22 (3) The amendment made by subsection (d)

23 shall take effect on the date of the enactment of this

24 division and shall apply to all cases in which the
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1 final administrative removal order is or was issued

2 before, on, or after such date.

3 (4) The amendments made by subsection (e)

4 shall take effect on the date of the enactment of this

5 division and shall apply to all cases pending before

6 any court on or after such date.

7 (5) The amendments made by subsection (f)

8 shall take effect on the date of the enactment of this

9 division.

10 (h) REPEAL.—Section 5403 of the Intelligence Re11 form and Terrorism Prevention Act of 2004 (Public Law

12 108–458) is repealed.

13 SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVE14 MENT OF BARRIERS AT BORDERS.

15 Section 102(c) of the Illegal Immigration Reform and

16 Immigrant Responsibility Act of 1996 (8 U.S.C. 1103

17 note) is amended to read as follows:

18 ‘‘(c) WAIVER.—

19 ‘‘(1) IN GENERAL.—Notwithstanding any other

20 provision of law, the Secretary of Homeland Security

21 shall have the authority to waive, and shall waive, all

22 laws such Secretary, in such Secretary’s sole discre23 tion, determines necessary to ensure expeditious con24 struction of the barriers and roads under this sec25 tion.
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1 ‘‘(2) NO JUDICIAL REVIEW.—Notwithstanding

2 any other provision of law (statutory or nonstatu3 tory), no court, administrative agency, or other enti4 ty shall have jurisdiction—

5 ‘‘(A) to hear any cause or claim arising

6 from any action undertaken, or any decision

7 made, by the Secretary of Homeland Security

8 pursuant to paragraph (1); or

9 ‘‘(B) to order compensatory, declaratory,

10 injunctive, equitable, or any other relief for

11 damage alleged to arise from any such action or

12 decision.’’.

13 SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TER14 RORIST-RELATED ACTIVITIES.

15 (a) IN GENERAL.—So much of section

16 212(a)(3)(B)(i) of the Immigration and Nationality Act

17 (8 U.S.C. 1182(a)(3)(B)(i)) as precedes the final sentence

18 is amended to read as follows:

19 ‘‘(i) IN GENERAL.—Any alien who—

20 ‘‘(I) has engaged in a terrorist

21 activity;

22 ‘‘(II) a consular officer, the At23 torney General, or the Secretary of

24 Homeland Security knows, or has rea25 sonable ground to believe, is engaged
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1 in or is likely to engage after entry in

2 any terrorist activity (as defined in

3 clause (iv));

4 ‘‘(III) has, under circumstances

5 indicating an intention to cause death

6 or serious bodily harm, incited ter7 rorist activity;

8 ‘‘(IV) is a representative (as de9 fined in clause (v)) of—

10 ‘‘(aa) a terrorist organiza11 tion (as defined in clause (vi)); or

12 ‘‘(bb) a political, social, or

13 other group that endorses or es14 pouses terrorist activity;

15 ‘‘(V) is a member of a terrorist

16 organization described in subclause (I)

17 or (II) of clause (vi);

18 ‘‘(VI) is a member of a terrorist

19 organization described in clause

20 (vi)(III), unless the alien can dem21 onstrate by clear and convincing evi22 dence that the alien did not know, and

23 should not reasonably have known,

24 that the organization was a terrorist

25 organization;
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1 ‘‘(VII) endorses or espouses ter2 rorist activity or persuades others to

3 endorse or espouse terrorist activity or

4 support a terrorist organization;

5 ‘‘(VIII) has received military-type

6 training (as defined in section

7 2339D(c)(1) of title 18, United States

8 Code) from or on behalf of any orga9 nization that, at the time the training

10 was received, was a terrorist organiza11 tion (as defined in clause (vi)); or

12 ‘‘(IX) is the spouse or child of an

13 alien who is inadmissible under this

14 subparagraph, if the activity causing

15 the alien to be found inadmissible oc16 curred within the last 5 years,

17 is inadmissible.’’.

18 (b) ENGAGE IN TERRORIST ACTIVITY DEFINED.—

19 Section 212(a)(3)(B)(iv) of the Immigration and Nation20 ality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended to read

21 as follows:

22 ‘‘(iv) ENGAGE IN TERRORIST ACTIVITY

23 DEFINED.—As used in this Act, the term

24 ‘engage in terrorist activity’ means, in an
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1 individual capacity or as a member of an

2 organization—

3 ‘‘(I) to commit or to incite to

4 commit, under circumstances indi5 cating an intention to cause death or

6 serious bodily injury, a terrorist activ7 ity;

8 ‘‘(II) to prepare or plan a ter9 rorist activity;

10 ‘‘(III) to gather information on

11 potential targets for terrorist activity;

12 ‘‘(IV) to solicit funds or other

13 things of value for—

14 ‘‘(aa) a terrorist activity;

15 ‘‘(bb) a terrorist organiza16 tion described in clause (vi)(I) or

17 (vi)(II); or

18 ‘‘(cc) a terrorist organiza19 tion described in clause (vi)(III),

20 unless the solicitor can dem21 onstrate by clear and convincing

22 evidence that he did not know,

23 and should not reasonably have

24 known, that the organization was

25 a terrorist organization;
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1 ‘‘(V) to solicit any individual—

2 ‘‘(aa) to engage in conduct

3 otherwise described in this sub4 section;

5 ‘‘(bb) for membership in a

6 terrorist organization described

7 in clause (vi)(I) or (vi)(II); or

8 ‘‘(cc) for membership in a

9 terrorist organization described

10 in clause (vi)(III) unless the so11 licitor can demonstrate by clear

12 and convincing evidence that he

13 did not know, and should not

14 reasonably have known, that the

15 organization was a terrorist orga16 nization; or

17 ‘‘(VI) to commit an act that the

18 actor knows, or reasonably should

19 know, affords material support, in20 cluding a safe house, transportation,

21 communications, funds, transfer of

22 funds or other material financial ben23 efit, false documentation or identifica24 tion, weapons (including chemical, bi-
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1 ological, or radiological weapons), ex2 plosives, or training—

3 ‘‘(aa) for the commission of

4 a terrorist activity;

5 ‘‘(bb) to any individual who

6 the actor knows, or reasonably

7 should know, has committed or

8 plans to commit a terrorist activ9 ity;

10 ‘‘(cc) to a terrorist organiza11 tion described in subclause (I) or

12 (II) of clause (vi) or to any mem13 ber of such an organization; or

14 ‘‘(dd) to a terrorist organi15 zation described in clause

16 (vi)(III), or to any member of

17 such an organization, unless the

18 actor can demonstrate by clear

19 and convincing evidence that the

20 actor did not know, and should

21 not reasonably have known, that

22 the organization was a terrorist

23 organization.

24 This clause shall not apply to any material

25 support the alien afforded to an organiza-
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1 tion or individual that has committed ter2 rorist activity, if the Secretary of State,

3 after consultation with the Attorney Gen4 eral and the Secretary of Homeland Secu5 rity, or the Attorney General, after con6 sultation with the Secretary of State and

7 the Secretary of Homeland Security, con8 cludes in his sole unreviewable discretion,

9 that this clause should not apply.’’.

10 (c) TERRORIST ORGANIZATION DEFINED.—Section

11 212(a)(3)(B)(vi) of the Immigration and Nationality Act

12 (8 U.S.C. 1182(a)(3)(B)(vi)) is amended to read as fol13 lows:

14 ‘‘(vi) TERRORIST ORGANIZATION DE15 FINED.—As used in this section, the term

16 ‘terrorist organization’ means an

17 organization—

18 ‘‘(I) designated under section

19 219;

20 ‘‘(II) otherwise designated, upon

21 publication in the Federal Register, by

22 the Secretary of State in consultation

23 with or upon the request of the Attor24 ney General or the Secretary of

25 Homeland Security, as a terrorist or-
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1 ganization, after finding that the or2 ganization engages in the activities

3 described in subclauses (I) through

4 (VI) of clause (iv); or

5 ‘‘(III) that is a group of two or

6 more individuals, whether organized

7 or not, which engages in, or has a

8 subgroup which engages in, the activi9 ties described in subclauses (I)

10 through (VI) of clause (iv).’’.

11 (d) EFFECTIVE DATE.—The amendments made by

12 this section shall take effect on the date of the enactment

13 of this division, and these amendments, and section

14 212(a)(3)(B) of the Immigration and Nationality Act (8

15 U.S.C. 1182(a)(3)(B)), as amended by this section, shall

16 apply to—

17 (1) removal proceedings instituted before, on, or

18 after the date of the enactment of this division; and

19 (2) acts and conditions constituting a ground

20 for inadmissibility, excludability, deportation, or re21 moval occurring or existing before, on, or after such

22 date.

23 SEC. 104. REMOVAL OF TERRORISTS.

24 (a) IN GENERAL.—
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1 (1) IN GENERAL.—Section 237(a)(4)(B) of the

2 Immigration and Nationality Act (8 U.S.C.

3 1227(a)(4)(B)) is amended to read as follows:

4 ‘‘(B) TERRORIST ACTIVITIES.—Any alien

5 who is described in subparagraph (B) or (F) of

6 section 212(a)(3) is deportable.’’.

7 (2) EFFECTIVE DATE.—The amendment made

8 by paragraph (1) shall take effect on the date of the

9 enactment of this division, and the amendment, and

10 section 237(a)(4)(B) of the Immigration and Na11 tionality Act (8 U.S.C. 1227(a)(4)(B)), as amended

12 by such paragraph, shall apply to—

13 (A) removal proceedings instituted before,

14 on, or after the date of the enactment of this

15 division; and

16 (B) acts and conditions constituting a

17 ground for inadmissibility, excludability, depor18 tation, or removal occurring or existing before,

19 on, or after such date.

20 (b) REPEAL.—Effective as of the date of the enact21 ment of the Intelligence Reform and Terrorism Prevention

22 Act of 2004 (Public Law 108–458), section 5402 of such

23 Act is repealed, and the Immigration and Nationality Act

24 shall be applied as if such section had not been enacted.
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1 SEC. 105. JUDICIAL REVIEW OF ORDERS OF REMOVAL.

2 (a) IN GENERAL.—Section 242 of the Immigration

3 and Nationality Act (8 U.S.C. 1252) is amended—

4 (1) in subsection (a)—

5 (A) in paragraph (2)—

6 (i) in subparagraph (A), by inserting

7 ‘‘(statutory or nonstatutory), including sec8 tion 2241 of title 28, United States Code,

9 or any other habeas corpus provision, and

10 sections 1361 and 1651 of such title’’ after

11 ‘‘Notwithstanding any other provision of

12 law’’;

13 (ii) in each of subparagraphs (B) and

14 (C), by inserting ‘‘(statutory or nonstatu15 tory), including section 2241 of title 28,

16 United States Code, or any other habeas

17 corpus provision, and sections 1361 and

18 1651 of such title, and except as provided

19 in subparagraph (D)’’ after ‘‘Notwith20 standing any other provision of law’’; and

21 (iii) by adding at the end the fol22 lowing:

23 ‘‘(D) JUDICIAL REVIEW OF CERTAIN

24 LEGAL CLAIMS.—Nothing in subparagraph (B)

25 or (C), or in any other provision of this Act

26 which limits or eliminates judicial review, shall
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1 be construed as precluding review of constitu2 tional claims or pure questions of law raised

3 upon a petition for review filed with an appro4 priate court of appeals in accordance with this

5 section.’’; and

6 (B) by adding at the end the following:

7 ‘‘(4) CLAIMS UNDER THE UNITED NATIONS

8 CONVENTION.—Notwithstanding any other provision

9 of law (statutory or nonstatutory), including section

10 2241 of title 28, United States Code, or any other

11 habeas corpus provision, and sections 1361 and

12 1651 of such title, a petition for review filed with an

13 appropriate court of appeals in accordance with this

14 section shall be the sole and exclusive means for ju15 dicial review of any cause or claim under the United

16 Nations Convention Against Torture and Other

17 Forms of Cruel, Inhuman, or Degrading Treatment

18 or Punishment, except as provided in subsection (e).

19 ‘‘(5) EXCLUSIVE MEANS OF REVIEW.—Notwith20 standing any other provision of law (statutory or

21 nonstatutory), including section 2241 of title 28,

22 United States Code, or any other habeas corpus pro23 vision, and sections 1361 and 1651 of such title, a

24 petition for review filed with an appropriate court of

25 appeals in accordance with this section shall be the
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1 sole and exclusive means for judicial review of an

2 order of removal entered or issued under any provi3 sion of this Act, except as provided in subsection (e).

4 For purposes of this Act, in every provision that lim5 its or eliminates judicial review or jurisdiction to re6 view, the terms ‘judicial review’ and ‘jurisdiction to

7 review’ include habeas corpus review pursuant to

8 section 2241 of title 28, United States Code, or any

9 other habeas corpus provision, sections 1361 and

10 1651 of such title, and review pursuant to any other

11 provision of law (statutory or nonstatutory).’’;

12 (2) in subsection (b)—

13 (A) in paragraph (3)(B), by inserting

14 ‘‘pursuant to subsection (f)’’ after ‘‘unless’’;

15 and

16 (B) in paragraph (9), by adding at the end

17 the following: ‘‘Except as otherwise provided in

18 this section, no court shall have jurisdiction, by

19 habeas corpus under section 2241 of title 28,

20 United States Code, or any other habeas corpus

21 provision, by section 1361 or 1651 of such title,

22 or by any other provision of law (statutory or

23 nonstatutory), to review such an order or such

24 questions of law or fact.’’; and
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1 (3) in subsection (g), by inserting ‘‘(statutory

2 or nonstatutory), including section 2241 of title 28,

3 United States Code, or any other habeas corpus pro4 vision, and sections 1361 and 1651 of such title’’

5 after ‘‘notwithstanding any other provision of law’’.

6 (b) EFFECTIVE DATE.—The amendments made by

7 subsection (a) shall take effect upon the date of the enact8 ment of this division and shall apply to cases in which

9 the final administrative order of removal, deportation, or

10 exclusion was issued before, on, or after the date of the

11 enactment of this division.

12 (c) TRANSFER OF CASES.—If an alien’s case, brought

13 under section 2241 of title 28, United States Code, and

14 challenging a final administrative order of removal, depor15 tation, or exclusion, is pending in a district court on the

16 date of the enactment of this division, then the district

17 court shall transfer the case (or the part of the case that

18 challenges the order of removal, deportation, or exclusion)

19 to the court of appeals for the circuit in which a petition

20 for review could have been properly filed under section

21 242(b)(2) of the Immigration and Nationality Act (8

22 U.S.C. 1252), as amended by this section, or under section

23 309(c)(4)(D) of the Illegal Immigration Reform and Im24 migrant Responsibility Act of 1996 (8 U.S.C. 1101 note).

25 The court of appeals shall treat the transferred case as
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1 if it had been filed pursuant to a petition for review under

2 such section 242, except that subsection (b)(1) of such

3 section shall not apply.

4 (d) TRANSITIONAL RULE CASES.—A petition for re5 view filed under former section 106(a) of the Immigration

6 and Nationality Act (as in effect before its repeal by sec7 tion 306(b) of the Illegal Immigration Reform and Immi8 grant Responsibility Act of 1996 (8 U.S.C. 1252 note))

9 shall be treated as if it had been filed as a petition for

10 review under section 242 of the Immigration and Nation11 ality Act (8 U.S.C. 1252), as amended by this section.

12 Notwithstanding any other provision of law (statutory or

13 nonstatutory), including section 2241 of title 28, United

14 States Code, or any other habeas corpus provision, and

15 sections 1361 and 1651 of such title, such petition for re16 view shall be the sole and exclusive means for judicial re17 view of an order of deportation or exclusion.

18 SEC. 106. DELIVERY BONDS.

19 (a) DEFINITIONS.—For purposes of this section:

20 (1) DELIVERY BOND.—The term ‘‘delivery

21 bond’’ means a written suretyship undertaking for

22 the surrender of an individual against whom the De23 partment of Homeland Security has issued an order

24 to show cause or a notice to appear, the performance
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1 of which is guaranteed by an acceptable surety on

2 Federal bonds.

3 (2) PRINCIPAL.—The term ‘‘principal’’ means

4 an individual who is the subject of a bond.

5 (3) SURETYSHIP UNDERTAKING.—The term

6 ‘‘suretyship undertaking’’ means a written agree7 ment, executed by a bonding agent on behalf of a

8 surety, which binds all parties to its certain terms

9 and conditions and which provides obligations for

10 the principal and the surety while under the bond

11 and penalties for forfeiture to ensure the obligations

12 of the principal and the surety under the agreement.

13 (4) BONDING AGENT.—The term ‘‘bonding

14 agent’’ means any individual properly licensed, ap15 proved, and appointed by power of attorney to exe16 cute or countersign surety bonds in connection with

17 any matter governed by the Immigration and Na18 tionality Act as amended (8 U.S.C. 1101, et seq.),

19 and who receives a premium for executing or

20 countersigning such surety bonds.

21 (5) SURETY.—The term ‘‘surety’’ means an en22 tity, as defined by, and that is in compliance with,

23 sections 9304 through 9308 of title 31, United

24 States Code, that agrees—
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1 (A) to guarantee the performance, where

2 appropriate, of the principal under a bond;

3 (B) to perform the bond as required; and

4 (C) to pay the face amount of the bond as

5 a penalty for failure to perform.

6 (b) VALIDITY, AGENT NOT CO-OBLIGOR, EXPIRA7 TION, RENEWAL, AND CANCELLATION OF BONDS.—

8 (1) VALIDITY.—Delivery bond undertakings are

9 valid if such bonds—

10 (A) state the full, correct, and proper

11 name of the alien principal;

12 (B) state the amount of the bond;

13 (C) are guaranteed by a surety and

14 countersigned by an agent who is properly ap15 pointed;

16 (D) bond documents are properly executed;

17 and

18 (E) relevant bond documents are properly

19 filed with the Secretary of Homeland Security.

20 (2) BONDING AGENT NOT CO-OBLIGOR, PARTY,

21 OR GUARANTOR IN INDIVIDUAL CAPACITY, AND NO

22 REFUSAL IF ACCEPTABLE SURETY.—Section

23 9304(b) of title 31, United States Code, is amended

24 by adding at the end the following: ‘‘Notwith25 standing any other provision of law, no bonding
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1 agent of a corporate surety shall be required to exe2 cute bonds as a co-obligor, party, or guarantor in an

3 individual capacity on bonds provided by the cor4 porate surety, nor shall a corporate surety bond be

5 refused if the corporate surety appears on the cur6 rent Treasury Department Circular 570 as a com7 pany holding a certificate of authority as an accept8 able surety on Federal bonds and attached to the

9 bond is a currently valid instrument showing the au10 thority of the bonding agent of the surety company

11 to execute the bond.’’.

12 (3) EXPIRATION.—A delivery bond undertaking

13 shall expire at the earliest of—

14 (A) 1 year from the date of issue;

15 (B) at the cancellation of the bond or sur16 render of the principal; or

17 (C) immediately upon nonpayment of the

18 renewal premium.

19 (4) RENEWAL.—Delivery bonds may be re20 newed annually, with payment of proper premium to

21 the surety, if there has been no breach of conditions,

22 default, claim, or forfeiture of the bond. Notwith23 standing any renewal, when the alien is surrendered

24 to the Secretary of Homeland Security for removal,

25 the Secretary shall cause the bond to be canceled.
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1 (5) CANCELLATION.—Delivery bonds shall be

2 canceled and the surety exonerated—

3 (A) for nonrenewal after the alien has been

4 surrendered to the Department of Homeland

5 Security for removal;

6 (B) if the surety or bonding agent provides

7 reasonable evidence that there was misrepresen8 tation or fraud in the application for the bond;

9 (C) upon the death or incarceration of the

10 principal, or the inability of the surety to

11 produce the principal for medical reasons;

12 (D) if the principal is detained by any law

13 enforcement agency of any State, county, city,

14 or any politial subdivision thereof;

15 (E) if it can be established that the alien

16 departed the United States of America for any

17 reason without permission of the Secretary of

18 Homeland Security, the surety, or the bonding

19 agent;

20 (F) if the foreign state of which the prin21 cipal is a national is designated pursuant to

22 section 244 of the Act (8 U.S.C. 1254a) after

23 the bond is posted; or
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1 (G) if the principal is surrendered to the

2 Department of Homeland Security, removal by

3 the surety or the bonding agent.

4 (6) SURRENDER OF PRINCIPAL; FORFEITURE

5 OF BOND PREMIUM.—

6 (A) SURRENDER.—At any time, before a

7 breach of any of the bond conditions, if in the

8 opinion of the surety or bonding agent, the

9 principal becomes a flight risk, the principal

10 may be surrendered to the Department of

11 Homeland Security for removal.

12 (B) FORFEITURE OF BOND PREMIUM.—A

13 principal may be surrendered without the re14 turn of any bond premium if the principal—

15 (i) changes address without notifying

16 the surety, the bonding agent, and the Sec17 retary of Homeland Security in writing

18 prior to such change;

19 (ii) hides or is concealed from a sur20 ety, a bonding agent, or the Secretary;

21 (iii) fails to report to the Secretary as

22 required at least annually; or

23 (iv) violates the contract with the

24 bonding agent or surety, commits any act

25 that may lead to a breach of the bond, or
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1 otherwise violates any other obligation or

2 condition of the bond established by the

3 Secretary.

4 (7) CERTIFIED COPY OF BOND AND ARREST

5 WARRANT TO ACCOMPANY SURRENDER.—

6 (A) IN GENERAL.—A bonding agent or

7 surety desiring to surrender the principal—

8 (i) shall have the right to petition the

9 Secretary of Homeland Security or any

10 Federal court, without having to pay any

11 fees or court costs, for an arrest warrant

12 for the arrest of the principal;

13 (ii) shall forthwith be provided 2 cer14 tified copies each of the arrest warrant and

15 the bond undertaking, without having to

16 pay any fees or courts costs; and

17 (iii) shall have the right to pursue, ap18 prehend, detain, and surrender the prin19 cipal, together with certified copies of the

20 arrest warrant and the bond undertaking,

21 to any Department of Homeland Security

22 detention official or Department detention

23 facility or any detention facility authorized

24 to hold Federal detainees.
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1 (B) EFFECTS OF DELIVERY.—Upon sur2 render of a principal under subparagraph

3 (A)(iii)—

4 (i) the official to whom the principal

5 is surrendered shall detain the principal in

6 custody and issue a written certificate of

7 surrender; and

8 (ii) the Secretary of Homeland Secu9 rity shall immediately exonerate the surety

10 from any further liability on the bond.

11 (8) FORM OF BOND.—Delivery bonds shall in

12 all cases state the following and be secured by a cor13 porate surety that is certified as an acceptable sur14 ety on Federal bonds and whose name appears on

15 the current Treasury Department Circular 570:

16 ‘‘(A) BREACH OF BOND; PROCEDURE, FOR17 FEITURE, NOTICE.—

18 ‘‘(i) If a principal violates any condi19 tions of the delivery bond, or the principal

20 is or becomes subject to a final administra21 tive order of deportation or removal, the

22 Secretary of Homeland Security shall—

23 ‘‘(I) immediately issue a warrant

24 for the principal’s arrest and enter

25 that arrest warrant into the National
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1 Crime Information Center (NCIC)

2 computerized information database;

3 ‘‘(II) order the bonding agent

4 and surety to take the principal into

5 custody and surrender the principal to

6 any one of 10 designated Department

7 of Homeland Security ‘turn-in’ cen8 ters located nationwide in the areas of

9 greatest need, at any time of day dur10 ing 15 months after mailing the ar11 rest warrant and the order to the

12 bonding agent and the surety as re13 quired by subclause (III), and imme14 diately enter that order into the Na15 tional Crime Information Center

16 (NCIC) computerized information

17 database; and

18 ‘‘(III) mail 2 certified copies each

19 of the arrest warrant issued pursuant

20 to subclause (I) and 2 certified copies

21 each of the order issued pursuant to

22 subclause (II) to only the bonding

23 agent and surety via certified mail re24 turn receipt to their last known ad25 dresses.
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1 ‘‘(ii) Bonding agents and sureties

2 shall immediately notify the Secretary of

3 Homeland Security of their changes of ad4 dress and/or telephone numbers.

5 ‘‘(iii) The Secretary of Homeland Se6 curity shall establish, disseminate to bond7 ing agents and sureties, and maintain on a

8 current basis a secure nationwide toll-free

9 list of telephone numbers of Department of

10 Homeland Security officials, including the

11 names of such officials, that bonding

12 agents, sureties, and their employees may

13 immediately contact at any time to discuss

14 and resolve any issue regarding any prin15 cipal or bond, to be known as ‘Points of

16 Contact’.

17 ‘‘(iv) A bonding agent or surety shall

18 have full and complete access, free of

19 charge, to any and all information, elec20 tronic or otherwise, in the care, custody,

21 and control of the United States Govern22 ment or any State or local government or

23 any subsidiary or police agency thereof re24 garding the principal that may be helpful

25 in complying with section 105 of the
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1 REAL ID Act of 2005 that the Secretary

2 of Homeland Security, by regulations sub3 ject to approval by Congress, determines

4 may be helpful in locating or surrendering

5 the principal. Beyond the principal, a

6 bonding agent or surety shall not be re7 quired to disclose any information, includ8 ing but not limited to the arrest warrant

9 and order, received from any governmental

10 source, any person, firm, corporation, or

11 other entity.

12 ‘‘(v) If the principal is later arrested,

13 detained, or otherwise located outside the

14 United States and the outlying possessions

15 of the United States (as defined in section

16 101(a) of the Immigration and Nationality

17 Act), the Secretary of Homeland Security

18 shall—

19 ‘‘(I) immediately order that the

20 surety is completely exonerated, and

21 the bond canceled; and

22 ‘‘(II) if the Secretary of Home23 land Security has issued an order

24 under clause (i), the surety may re25 quest, by written, properly filed mo-
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1 tion, reinstatement of the bond. This

2 subclause may not be construed to

3 prevent the Secretary of Homeland

4 Security from revoking or resetting a

5 bond at a higher amount.

6 ‘‘(vi) The bonding agent or surety

7 must—

8 ‘‘(I) during the 15 months after

9 the date the arrest warrant and order

10 were mailed pursuant to clause

11 (i)(III) surrender the principal one

12 time; or

13 ‘‘(II)(aa) provide reasonable evi14 dence that producing the principal

15 was prevented—

16 ‘‘(aaa) by the principal’s ill17 ness or death;

18 ‘‘(bbb) because the principal

19 is detained in custody in any city,

20 State, country, or any political

21 subdivision thereof;

22 ‘‘(ccc) because the principal

23 has left the United States or its

24 outlying possessions (as defined

25 in section 101(a) of the Immigra-
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1 tion and Nationality Act (8

2 U.S.C. 1101(a)); or

3 ‘‘(ddd) because required no4 tice was not given to the bonding

5 agent or surety; and

6 ‘‘(bb) establish by affidavit that

7 the inability to produce the principal

8 was not with the consent or conniv9 ance of the bonding agent or surety.

10 ‘‘(vii) If compliance occurs more than

11 15 months but no more than 18 months

12 after the mailing of the arrest warrant and

13 order to the bonding agent and the surety

14 required under clause (i)(III), an amount

15 equal to 25 percent of the face amount of

16 the bond shall be assessed as a penalty

17 against the surety.

18 ‘‘(viii) If compliance occurs more than

19 18 months but no more than 21 months

20 after the mailing of the arrest warrant and

21 order to the bonding agent and the surety

22 required under clause (i)(III), an amount

23 equal to 50 percent of the face amount of

24 the bond shall be assessed as a penalty

25 against the surety.
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1 ‘‘(ix) If compliance occurs more than

2 21 months but no more than 24 months

3 after the mailing of the arrest warrant and

4 order to the bonding agent and the surety

5 required under clause (i)(III), an amount

6 equal to 75 percent of the face amount of

7 the bond shall be assessed as a penalty

8 against the surety.

9 ‘‘(x) If compliance occurs 24 months

10 or more after the mailing of the arrest

11 warrant and order to the bonding agent

12 and the surety required under clause

13 (i)(III), an amount equal to 100 percent of

14 the face amount of the bond shall be as15 sessed as a penalty against the surety.

16 ‘‘(xi) If any surety surrenders any

17 principal to the Secretary of Homeland Se18 curity at any time and place after the pe19 riod for compliance has passed, the Sec20 retary of Homeland Security shall cause to

21 be issued to that surety an amount equal

22 to 50 percent of the face amount of the

23 bond: Provided, however, That if that sur24 ety owes any penalties on bonds to the

25 United States, the amount that surety
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1 would otherwise receive shall be offset by

2 and applied as a credit against the amount

3 of penalties on bonds it owes the United

4 States, and then that surety shall receive

5 the remainder of the amount to which it is

6 entitled under this subparagraph, if any.

7 ‘‘(xii) All penalties assessed against a

8 surety on a bond, if any, shall be paid by

9 the surety no more than 27 months after

10 the mailing of the arrest warrant and

11 order to the bonding agent and the surety

12 required under clause (i)(III).

13 ‘‘(B) The Secretary of Homeland Security

14 may waive penalties or extend the period for

15 payment or both, if—

16 ‘‘(i) a written request is filed with the

17 Secretary of Homeland Security; and

18 ‘‘(ii) the bonding agent or surety pro19 vides an affidavit that diligent efforts were

20 made to effect compliance of the principal.

21 ‘‘(C) COMPLIANCE; EXONERATION; LIMITA22 TION OF LIABILITY.—

23 ‘‘(i) COMPLIANCE.—A bonding agent

24 or surety shall have the absolute right to

25 locate, apprehend, arrest, detain, and sur-
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1 render any principal, wherever he or she

2 may be found, who violates any of the

3 terms and conditions of his or her bond.

4 ‘‘(ii) EXONERATION.—Upon satisfying

5 any of the requirements of the bond, the

6 surety shall be completely exonerated.

7 ‘‘(iii) LIMITATION OF LIABILITY.—

8 Notwithstanding any other provision of

9 law, the total liability on any surety under10 taking shall not exceed the face amount of

11 the bond.’’.

12 (c) EFFECTIVE DATE.—The provisions of this section

13 shall take effect on the date of the enactment of this divi14 sion and shall apply to bonds and surety undertakings exe15 cuted before, on, or after the date of the enactment of

16 this division.

17 SEC. 107. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.

18 (a) IN GENERAL.—Section 236(a)(2) of the Immi19 gration and Nationality Act (8 U.S.C. 1226(a)(2)) is

20 amended to read as follows:

21 ‘‘(2) subject to such reasonable regulations as

22 the Secretary of Homeland Security may prescribe,

23 shall permit agents, servants, and employees of cor24 porate sureties to visit in person with individuals de25 tained by the Secretary of and, subject to section
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1 241(a)(8), may release the alien on a delivery bond

2 of at least $10,000, with security approved by the

3 Secretary, and containing conditions and procedures

4 prescribed by section 105 of the REAL ID Act of

5 2005 and by the Secretary, but the Secretary shall

6 not release the alien on or to his own recognizance

7 unless an order of an immigration judge expressly

8 finds and states in a signed order to release the

9 alien to his own recognizance that the alien is not

10 a flight risk and is not a threat to the United

11 States’’.

12 (b) REPEAL.—Section 286(r) of the Immigration and

13 Nationality Act (8 U.S.C. 1356(r)) is repealed.

14 (c) EFFECTIVE DATE.—The amendment made by

15 subsection (a) shall take effect on the date of the enact16 ment of this division.

17 SEC. 108. DETENTION OF ALIENS DELIVERED BY BONDS18 MEN.

19 (a) IN GENERAL.—Section 241(a) of the Immigra20 tion and Nationality Act (8 U.S.C. 1231(a)) is amended

21 by adding at the end the following:

22 ‘‘(8) EFFECT OF PRODUCTION OF ALIEN BY

23 BONDSMAN.—Notwithstanding any other provision

24 of law, the Secretary of Homeland Security shall

25 take into custody any alien subject to a final order
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1 of removal, and cancel any bond previously posted

2 for the alien, if the alien is produced within the pre3 scribed time limit by the obligor on the bond wheth4 er or not the Department of Homeland Security ac5 cepts custody of the alien. The obligor on the bond

6 shall be deemed to have substantially performed all

7 conditions imposed by the terms of the bond, and

8 shall be released from liability on the bond, if the

9 alien is produced within such time limit.’’.

10 (b) EFFECTIVE DATE.—The amendment made by

11 subsection (a) shall take effect on the date of the enact12 ment of this division and shall apply to all immigration

13 bonds posted before, on, or after such date.

14 TITLE II—IMPROVED SECURITY

15 FOR DRIVERS’ LICENSES AND

16 PERSONAL IDENTIFICATION

17 CARDS

18 SEC. 201. DEFINITIONS.

19 In this title, the following definitions apply:

20 (1) DRIVER’S LICENSE.—The term ‘‘driver’s li21 cense’’ means a motor vehicle operator’s license, as

22 defined in section 30301 of title 49, United States

23 Code.

24 (2) IDENTIFICATION CARD.—The term ‘‘identi25 fication card’’ means a personal identification card,
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1 as defined in section 1028(d) of title 18, United

2 States Code, issued by a State.

3 (3) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of Homeland Security.

5 (4) STATE.—The term ‘‘State’’ means a State

6 of the United States, the District of Columbia, Puer7 to Rico, the Virgin Islands, Guam, American Samoa,

8 the Northern Mariana Islands, the Trust Territory

9 of the Pacific Islands, and any other territory or

10 possession of the United States.

11 SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND

12 ISSUANCE STANDARDS FOR FEDERAL REC13 OGNITION.

14 (a) MINIMUM STANDARDS FOR FEDERAL USE.—

15 (1) IN GENERAL.—Beginning 3 years after the

16 date of the enactment of this division, a Federal

17 agency may not accept, for any official purpose, a

18 driver’s license or identification card issued by a

19 State to any person unless the State is meeting the

20 requirements of this section.

21 (2) STATE CERTIFICATIONS.—The Secretary

22 shall determine whether a State is meeting the re23 quirements of this section based on certifications

24 made by the State to the Secretary of Transpor25 tation. Such certifications shall be made at such
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1 times and in such manner as the Secretary of

2 Transportation, in consultation with the Secretary of

3 Homeland Security, may prescribe by regulation.

4 (b) MINIMUM DOCUMENT REQUIREMENTS.—To meet

5 the requirements of this section, a State shall include, at

6 a minimum, the following information and features on

7 each driver’s license and identification card issued to a

8 person by the State:

9 (1) The person’s full legal name.

10 (2) The person’s date of birth.

11 (3) The person’s gender.

12 (4) The person’s driver’s license or identifica13 tion card number.

14 (5) A digital photograph of the person.

15 (6) The person’s address of principle residence.

16 (7) The person’s signature.

17 (8) Physical security features designed to pre18 vent tampering, counterfeiting, or duplication of the

19 document for fraudulent purposes.

20 (9) A common machine-readable technology,

21 with defined minimum data elements.

22 (c) MINIMUM ISSUANCE STANDARDS.—

23 (1) IN GENERAL.—To meet the requirements of

24 this section, a State shall require, at a minimum,

25 presentation and verification of the following infor-
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1 mation before issuing a driver’s license or identifica2 tion card to a person:

3 (A) A photo identity document, except that

4 a non-photo identity document is acceptable if

5 it includes both the person’s full legal name and

6 date of birth.

7 (B) Documentation showing the person’s

8 date of birth.

9 (C) Proof of the person’s social security

10 account number or verification that the person

11 is not eligible for a social security account num12 ber.

13 (D) Documentation showing the person’s

14 name and address of principal residence.

15 (2) SPECIAL REQUIREMENTS.—

16 (A) IN GENERAL.—To meet the require17 ments of this section, a State shall comply with

18 the minimum standards of this paragraph.

19 (B) EVIDENCE OF LAWFUL STATUS.—A

20 State shall require, before issuing a driver’s li21 cense or identification card to a person, valid

22 documentary evidence that the person—

23 (i) is a citizen of the United States;
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1 (ii) is an alien lawfully admitted for

2 permanent or temporary residence in the

3 United States;

4 (iii) has conditional permanent resi5 dent status in the United States;

6 (iv) has an approved application for

7 asylum in the United States or has entered

8 into the United States in refugee status;

9 (v) has a valid, unexpired non10 immigrant visa or nonimmigrant visa sta11 tus for entry into the United States;

12 (vi) has a pending application for asy13 lum in the United States;

14 (vii) has a pending or approved appli15 cation for temporary protected status in

16 the United States;

17 (viii) has approved deferred action

18 status; or

19 (ix) has a pending application for ad20 justment of status to that of an alien law21 fully admitted for permanent residence in

22 the United States or conditional perma23 nent resident status in the United States.

24 (C) TEMPORARY DRIVERS’ LICENSES AND

25 IDENTIFICATION CARDS.—
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1 (i) IN GENERAL.—If a person pre2 sents evidence under any of clauses (v)

3 through (ix) of subparagraph (B), the

4 State may only issue a temporary driver’s

5 license or temporary identification card to

6 the person.

7 (ii) EXPIRATION DATE.—A temporary

8 driver’s license or temporary identification

9 card issued pursuant to this subparagraph

10 shall be valid only during the period of

11 time of the applicant’s authorized stay in

12 the United States or, if there is no definite

13 end to the period of authorized stay, a pe14 riod of one year.

15 (iii) DISPLAY OF EXPIRATION

16 DATE.—A temporary driver’s license or

17 temporary identification card issued pursu18 ant to this subparagraph shall clearly indi19 cate that it is temporary and shall state

20 the date on which it expires.

21 (iv) RENEWAL.—A temporary driver’s

22 license or temporary identification card

23 issued pursuant to this subparagraph may

24 be renewed only upon presentation of valid

25 documentary evidence that the status by
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1 which the applicant qualified for the tem2 porary driver’s license or temporary identi3 fication card has been extended by the Sec4 retary of Homeland Security.

5 (3) VERIFICATION OF DOCUMENTS.—To meet

6 the requirements of this section, a State shall imple7 ment the following procedures:

8 (A) Before issuing a driver’s license or

9 identification card to a person, the State shall

10 verify, with the issuing agency, the issuance, va11 lidity, and completeness of each document re12 quired to be presented by the person under

13 paragraph (1) or (2).

14 (B) The State shall not accept any foreign

15 document, other than an official passport, to

16 satisfy a requirement of paragraph (1) or (2).

17 (C) Not later than September 11, 2005,

18 the State shall enter into a memorandum of un19 derstanding with the Secretary of Homeland

20 Security to routinely utilize the automated sys21 tem known as Systematic Alien Verification for

22 Entitlements, as provided for by section 404 of

23 the Illegal Immigration Reform and Immigrant

24 Responsibility Act of 1996 (110 Stat. 3009–

25 664), to verify the legal presence status of a
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1 person, other than a United States citizen, ap2 plying for a driver’s license or identification

3 card.

4 (d) OTHER REQUIREMENTS.—To meet the require5 ments of this section, a State shall adopt the following

6 practices in the issuance of drivers’ licenses and identifica7 tion cards:

8 (1) Employ technology to capture digital images

9 of identity source documents so that the images can

10 be retained in electronic storage in a transferable

11 format.

12 (2) Retain paper copies of source documents for

13 a minimum of 7 years or images of source docu14 ments presented for a minimum of 10 years.

15 (3) Subject each person applying for a driver’s

16 license or identification card to mandatory facial

17 image capture.

18 (4) Establish an effective procedure to confirm

19 or verify a renewing applicant’s information.

20 (5) Confirm with the Social Security Adminis21 tration a social security account number presented

22 by a person using the full social security account

23 number. In the event that a social security account

24 number is already registered to or associated with

25 another person to which any State has issued a driv-
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1 er’s license or identification card, the State shall re2 solve the discrepancy and take appropriate action.

3 (6) Refuse to issue a driver’s license or identi4 fication card to a person holding a driver’s license

5 issued by another State without confirmation that

6 the person is terminating or has terminated the driv7 er’s license.

8 (7) Ensure the physical security of locations

9 where drivers’ licenses and identification cards are

10 produced and the security of document materials

11 and papers from which drivers’ licenses and identi12 fication cards are produced.

13 (8) Subject all persons authorized to manufac14 ture or produce drivers’ licenses and identification

15 cards to appropriate security clearance requirements.

16 (9) Establish fraudulent document recognition

17 training programs for appropriate employees en18 gaged in the issuance of drivers’ licenses and identi19 fication cards.

20 (10) Limit the period of validity of all driver’s

21 licenses and identification cards that are not tem22 porary to a period that does not exceed 8 years.

23 SEC. 203. LINKING OF DATABASES.

24 (a) IN GENERAL.—To be eligible to receive any grant

25 or other type of financial assistance made available under
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1 this title, a State shall participate in the interstate com2 pact regarding sharing of driver license data, known as

3 the ‘‘Driver License Agreement’’, in order to provide elec4 tronic access by a State to information contained in the

5 motor vehicle databases of all other States.

6 (b) REQUIREMENTS FOR INFORMATION.—A State

7 motor vehicle database shall contain, at a minimum, the

8 following information:

9 (1) All data fields printed on drivers’ licenses

10 and identification cards issued by the State.

11 (2) Motor vehicle drivers’ histories, including

12 motor vehicle violations, suspensions, and points on

13 licenses.

14 SEC. 204. TRAFFICKING IN AUTHENTICATION FEATURES

15 FOR USE IN FALSE IDENTIFICATION DOCU16 MENTS.

17 (a) CRIMINAL PENALTY.—Section 1028(a)(8) of title

18 18, United States Code, is amended by striking ‘‘false au19 thentication features’’ and inserting ‘‘false or actual au20 thentication features’’.

21 (b) USE OF FALSE DRIVER’S LICENSE AT AIR22 PORTS.—

23 (1) IN GENERAL.—The Secretary shall enter,

24 into the appropriate aviation security screening

25 database, appropriate information regarding any
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1 person convicted of using a false driver’s license at

2 an airport (as such term is defined in section 40102

3 of title 49, United States Code).

4 (2) FALSE DEFINED.—In this subsection, the

5 term ‘‘false’’ has the same meaning such term has

6 under section 1028(d) of title 18, United States

7 Code.

8 SEC. 205. GRANTS TO STATES.

9 (a) IN GENERAL.—The Secretary may make grants

10 to a State to assist the State in conforming to the min11 imum standards set forth in this title.

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated to the Secretary for

14 each of the fiscal years 2005 through 2009 such sums as

15 may be necessary to carry out this title.

16 SEC. 206. AUTHORITY.

17 (a) PARTICIPATION OF SECRETARY OF TRANSPOR18 TATION AND STATES.—All authority to issue regulations,

19 set standards, and issue grants under this title shall be

20 carried out by the Secretary, in consultation with the Sec21 retary of Transportation and the States.

22 (b) COMPLIANCE WITH STANDARDS.—All authority

23 to certify compliance with standards under this title shall

24 be carried out by the Secretary of Transportation, in con-
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1 sultation with the Secretary of Homeland Security and the

2 States.

3 (c) EXTENSIONS OF DEADLINES.—The Secretary

4 may grant to a State an extension of time to meet the

5 requirements of section 202(a)(1) if the State provides

6 adequate justification for noncompliance.

7 SEC. 207. REPEAL.

8 Section 7212 of the Intelligence Reform and Ter9 rorism Prevention Act of 2004 (Public Law 108–458) is

10 repealed.

11 SEC. 208. LIMITATION ON STATUTORY CONSTRUCTION.

12 Nothing in this title shall be construed to affect the

13 authorities or responsibilities of the Secretary of Trans14 portation or the States under chapter 303 of title 49,

15 United States Code.

16 TITLE III—BORDER INFRA17 STRUCTURE AND TECH18 NOLOGY INTEGRATION

19 SEC. 301. VULNERABILITY AND THREAT ASSESSMENT.

20 (a) STUDY.—The Under Secretary of Homeland Se21 curity for Border and Transportation Security, in con22 sultation with the Under Secretary of Homeland Security

23 for Science and Technology and the Under Secretary of

24 Homeland Security for Information Analysis and Infra25 structure Protection, shall study the technology, equip-
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1 ment, and personnel needed to address security

2 vulnerabilities within the United States for each field of3 fice of the Bureau of Customs and Border Protection that

4 has responsibility for any portion of the United States bor5 ders with Canada and Mexico. The Under Secretary shall

6 conduct follow-up studies at least once every 5 years.

7 (b) REPORT TO CONGRESS.—The Under Secretary

8 shall submit a report to Congress on the Under Sec9 retary’s findings and conclusions from each study con10 ducted under subsection (a) together with legislative rec11 ommendations, as appropriate, for addressing any security

12 vulnerabilities found by the study.

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There

14 are authorized to be appropriated to the Department of

15 Homeland Security Directorate of Border and Transpor16 tation Security such sums as may be necessary for fiscal

17 years 2006 through 2011 to carry out any such rec18 ommendations from the first study conducted under sub19 section (a).

20 SEC. 302. USE OF GROUND SURVEILLANCE TECHNOLOGIES

21 FOR BORDER SECURITY.

22 (a) PILOT PROGRAM.—Not later than 180 days after

23 the date of the enactment of this division, the Under Sec24 retary of Homeland Security for Science and Technology,

25 in consultation with the Under Secretary of Homeland Se-
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1 curity for Border and Transportation Security, the Under

2 Secretary of Homeland Security for Information Analysis

3 and Infrastructure Protection, and the Secretary of De4 fense, shall develop a pilot program to utilize, or increase

5 the utilization of, ground surveillance technologies to en6 hance the border security of the United States. In devel7 oping the program, the Under Secretary shall—

8 (1) consider various current and proposed

9 ground surveillance technologies that could be uti10 lized to enhance the border security of the United

11 States;

12 (2) assess the threats to the border security of

13 the United States that could be addressed by the

14 utilization of such technologies; and

15 (3) assess the feasibility and advisability of uti16 lizing such technologies to address such threats, in17 cluding an assessment of the technologies considered

18 best suited to address such threats.

19 (b) ADDITIONAL REQUIREMENTS.—

20 (1) IN GENERAL.—The pilot program shall in21 clude the utilization of a variety of ground surveil22 lance technologies in a variety of topographies and

23 areas (including both populated and unpopulated

24 areas) on both the northern and southern borders of
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1 the United States in order to evaluate, for a range

2 of circumstances—

3 (A) the significance of previous experiences

4 with such technologies in homeland security or

5 critical infrastructure protection for the utiliza6 tion of such technologies for border security;

7 (B) the cost, utility, and effectiveness of

8 such technologies for border security; and

9 (C) liability, safety, and privacy concerns

10 relating to the utilization of such technologies

11 for border security.

12 (2) TECHNOLOGIES.—The ground surveillance

13 technologies utilized in the pilot program shall in14 clude the following:

15 (A) Video camera technology.

16 (B) Sensor technology.

17 (C) Motion detection technology.

18 (c) IMPLEMENTATION.—The Under Secretary of

19 Homeland Security for Border and Transportation Secu20 rity shall implement the pilot program developed under

21 this section.

22 (d) REPORT.—Not later than 1 year after imple23 menting the pilot program under subsection (a), the

24 Under Secretary shall submit a report on the program to

25 the Senate Committee on Commerce, Science, and Trans-
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1 portation, the House of Representatives Committee on

2 Science, the House of Representatives Committee on

3 Homeland Security, and the House of Representatives

4 Committee on the Judiciary. The Under Secretary shall

5 include in the report a description of the program together

6 with such recommendations as the Under Secretary finds

7 appropriate, including recommendations for terminating

8 the program, making the program permanent, or enhanc9 ing the program.

10 SEC. 303. ENHANCEMENT OF COMMUNICATIONS INTEGRA11 TION AND INFORMATION SHARING ON BOR12 DER SECURITY.

13 (a) IN GENERAL.—Not later than 180 days after the

14 date of the enactment of this division, the Secretary of

15 Homeland Security, acting through the Under Secretary

16 of Homeland Security for Border and Transportation Se17 curity, in consultation with the Under Secretary of Home18 land Security for Science and Technology, the Under Sec19 retary of Homeland Security for Information Analysis and

20 Infrastructure Protection, the Assistant Secretary of Com21 merce for Communications and Information, and other ap22 propriate Federal, State, local, and tribal agencies, shall

23 develop and implement a plan—

24 (1) to improve the communications systems of

25 the departments and agencies of the Federal Gov-
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1 ernment in order to facilitate the integration of com2 munications among the departments and agencies of

3 the Federal Government and State, local government

4 agencies, and Indian tribal agencies on matters re5 lating to border security; and

6 (2) to enhance information sharing among the

7 departments and agencies of the Federal Govern8 ment, State and local government agencies, and In9 dian tribal agencies on such matters.

10 (b) REPORT.—Not later than 1 year after imple11 menting the plan under subsection (a), the Secretary shall

12 submit a copy of the plan and a report on the plan, includ13 ing any recommendations the Secretary finds appropriate,

14 to the Senate Committee on Commerce, Science, and

15 Transportation, the House of Representatives Committee

16 on Science, the House of Representatives Committee on

17 Homeland Security, and the House of Representatives

18 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

other purposes.struction of the San Diego border fence, and forsibility and removal, to ensure expeditious conunify terrorism-related grounds for inadmisabusing the asylum laws of the United States, tosecurity standards, to prevent terrorists fromState driver’s license and identification documenttablish and rapidly implement regulations forthe fiscal year ending September 30, 2005, to es-