H. R. 1268—68
H of Public Law 108–447 is amended by striking ‘‘$3,591,548’’
and inserting ‘‘$1,362,683’’ and by striking ‘‘$22,554,144’’ and
inserting ‘‘$12,998,815’’: Provided, That the amount of new fixed
guideway funds available for each project expected to complete
its full funding grant agreement this fiscal year shall not exceed
the amount which, when reduced by the across-the-board rescission
of 0.80 percent of such Act, is equal to the amount of new fixed
guideway funds required to complete the commitment of Federal
new fixed guideway funds reflected in the project’s full funding
grant agreement: Provided further, That of the new fixed guideway
funds available in Public Law 108–447, $1,352,899 shall be available
for the Northern New Jersey Newark Rail Link MOS 1 project,
no funds shall be available for the Northern New Jersey Newark-
Elizabeth Rail Line MOS 1 project, and $316,427 shall be available
for the Northern New Jersey Hudson-Bergen Light Rail MOS 1
project.
SEC. 6062. Notwithstanding any other provision of law, in sec-
tion 1602 of the Transportation Equity Act for the 21st Century,
item number 744 is amended by striking ‘‘Preliminary design of
Route 2 Connector to Downtown Fitchburg’’ and inserting ‘‘design,
construction/reconstruction and right of way acquisition for roadway
improvements along the Route 12 corridor in Leominster and Fitch-
burg to enhance access from Route 2 to North Leominster and
Downtown Fitchburg’’.
SEC. 6063. Section 198 of division H of Public Law 108–447
is amended by inserting ‘‘under title 23 of the United States Code’’
after ‘‘law’’.
PAYMENTS TO AIR CARRIERS
SEC. 6064. Notwithstanding any other provision of law, for
the current fiscal year and any period covered by an Act making
continuing appropriations for fiscal year 2006, all overflight fees
collected and credited to the account established under section
45303(a) of title 49, United States Code, shall be made available
immediately for obligation and expenditure to meet the costs of
the essential air service program under 49 U.S.C. 41731 through
41742: Provided, That, if the funds in this account are insufficient
to meet the costs of the essential air service program in such
fiscal year, the Secretary of Transportation shall transfer such
sums as may be necessary to carry out the essential air service
program from any available amounts appropriated to or directly
administered by the Office of the Secretary for such fiscal year.
MARITIME ADMINISTRATION
SEC. 6065. No provision of this Act may be construed as altering
or amending the force or effect of any of the following provisions
of law as currently applied:
(1) Sections 2631 and 2631a of title 10, United States
Code.
(2) Sections 901(b) and 901b of the Merchant Marine Act,
1936 (46 U.S.C. App. 1241(b), 1241f).
(3) Public Resolution Numbered 17, Seventy-third Congress
(48 Stat. 500).
(4) Any other similar provision of law requiring the use
of privately owned United States flag commercial vessels for
certain transportation purposes of the United States.
H. R. 1268—69
THE JUDICIARY
SEC. 6066. Section 308 of division B of Public Law 108–447
is amended by striking all after the words ‘‘shall be deposited’’,
and inserting ‘‘as offsetting receipts to the fund established under
28 U.S.C. 1931 and shall remain available to the Judiciary until
expended to reimburse any appropriation for the amount paid out
of such appropriation for expenses of the Courts of Appeals, District
Courts, and Other Judicial Services and the Administrative Offices
of the United States Courts.’’.
TECHNICAL CORRECTIONS—GENERAL SERVICES ADMINISTRATION
SEC. 6067. Under the heading ‘‘Federal Buildings Fund’’ in
title IV of division H of Public Law 108–447, strike ‘‘$60,000,000’’
and insert in lieu thereof ‘‘$60,600,000’’ in reference to the Las
Cruces United States Courthouse.
SEC. 6068. Section 408 in title IV of division H of Public
Law 108–447 is amended by striking ‘‘Section 572(a)(2)(ii)’’ and
inserting in lieu thereof ‘‘Section 572(a)(2)(A)(ii)’’.
TECHNICAL CORRECTIONS—DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
SEC. 6069. (a) The referenced statement of the managers under
the heading ‘‘Community Development Fund’’ in title II of division
I of Public Law 108–447 is deemed to be amended—
(1) with respect to item 230 by striking ‘‘City’’ and inserting
‘‘Port’’;
(2) with respect to item 233 by inserting ‘‘Port of’’ before
the words ‘‘Brookings Harbor’’; and
(3) with respect to item number 30 by inserting ‘‘to be
used for planning, design, and construction’’ after ‘‘California,’’.
SEC. 6070. The referenced statement of managers under the
heading ‘‘Community Development Fund’’ in title II of division
K of Public Law 108–7 is deemed to be amended—
(1) with respect to item number 39 by striking ‘‘Conference
and Workforce Center in Harrison, Arkansas’’ and inserting
‘‘in Harrison, Arkansas for facilities construction of the North
Arkansas College Health Sciences Education Center’’; and
(2) with respect to item number 316 by striking ‘‘for renova-
tion of a visitor center to accommodate a Space and Flight
Center’’ and inserting ‘‘to build-out the Prince George’s County
Economic Development and Business Assistance Center’’.
SEC. 6071. The referenced statement of the managers under
the heading ‘‘Community Development Fund’’ in title II of division
G of Public Law 108–199 is deemed to be amended—
(1) with respect to item number 56 by striking ‘‘Conference
and Training Center’’ and inserting ‘‘North Arkansas College
Health Sciences Education Center’’;
(2) with respect to item number 102 by striking ‘‘to the
Town of Groveland, California for purchase of a youth center’’
and inserting ‘‘to the County of Tuolomne for the purchase
of a new youth center in the mountain community of Grove-
land’’;
(3) with respect to item number 218 by striking ‘‘for
construction’’ and inserting ‘‘for design and engineering’’;
H. R. 1268—70
(4) with respect to item number 472 by striking ‘‘for side-
walk, curbs and facade improvements in the Morton Avenue
neighborhood’’ and inserting ‘‘for streetscape renovation’’;
(5) with respect to item number 493 by striking ‘‘for land
acquisition’’ and inserting ‘‘for planning and design of its Sports
and Recreation Center and Education Complex’’;
(6) with respect to item number 122 by inserting ‘‘to be
used for planning, design, and construction’’ after ‘‘California,’’;
(7) with respect to item number 369 by striking ‘‘for the’’
after ‘‘Michigan’’ and inserting ‘‘to be used for planning, design,
and construction of the’’; and
(8) with respect to item number 450 by striking
‘‘V.I.C.T.E.M. Family Center in Washoe County, Nevada for
the construction of a facility for multi-purpose social services
referral and victim counseling;’’ and inserting ‘‘Washoe County,
Nevada for a facility and equipment for the SART/CARES
victim programs;’’.
SEC. 6072. The referenced statement of the managers under
the heading ‘‘Community Development Fund’’ in title II of division
I of Public Law 108–447 is deemed to be amended as follows—
(1) with respect to item number 706 by striking ‘‘a public
swimming pool’’ and inserting ‘‘recreation fields’’;
(2) with respect to item number 667 by striking ‘‘to the
Town of Appomattox, Virginia for facilities construction of an
African-American cultural and heritage museum at the Carver-
Price building’’ and inserting ‘‘to the County of Appomattox,
Virginia for renovation of the Carver-Price building’’;
(3) with respect to item number 668 by striking ‘‘for the
Town of South Boston, Virginia for renovations and creation
of a community arts center at the Prizery’’ and inserting ‘‘for
The Prizery in South Boston, Virginia for renovations and
creation of a community arts center’’;
(4) with respect to item number 669 by striking ‘‘for the
City of Moneta, Virginia for facilities construction and renova-
tions of an art, education, and community outreach center’’
and inserting ‘‘for the Moneta Arts, Education, and Community
Outreach Center in Moneta, Virginia for facilities construction
and renovations’’;
(5) with respect to item number 910 by striking ‘‘repairs
to’’ and inserting ‘‘renovation and construction of’’;
(6) with respect to item number 902 by striking ‘‘City
of Brooklyn’’ and inserting ‘‘Fifth Ave Committee in Brooklyn’’;
and
(7) with respect to item number 244 by inserting ‘‘Historic’’
before the words ‘‘Village, Inc’’.
SEC. 6073. (a) Section 222 of title II of division I of Public
Law 108–447 is deleted; and
(b) Section 203(c)(1) of the National Housing Act (12 U.S.C.
1709(c)) is amended by—
(1) striking ‘‘subsections’’ and inserting ‘‘subsection’’, and
(2) striking ‘‘or (k)’’ each place that it appears.
SEC. 6074. Section 255(g) of the National Housing Act (12
U.S.C. 1715z–20(g)) is amended by striking ‘‘150,000’’ and inserting
‘‘250,000’’.
SEC. 6075. The matter under the heading relating to ‘‘PUBLIC
AND INDIAN HOUSING—PUBLIC HOUSING CAPITAL FUND’’ in title II
of the Departments of Veterans Affairs and Housing and Urban
H. R. 1268—71
Development, and Independent Agencies Appropriations Act, 2005
(enacted as division I of the Consolidated Appropriations Act, 2005
(Public Law 108–447; 118 Stat. 3297)) is amended by striking
the 8th proviso and inserting the following: ‘‘: Provided further,
That up to $3,000,000 is to support the costs of administrative
and judicial receiverships’’.
PREPACKAGED NEWS
SEC. 6076. Unless otherwise authorized by existing law, none
of the funds provided in this Act or any other Act, may be used
by an executive branch agency to produce any prepackaged news
story intended for broadcast or distribution in the United States
unless the story includes a clear notification within the text or
audio of the prepackaged news story that the prepackaged news
story was prepared or funded by that executive branch agency.
LOCAL BUDGET AUTHORITY FOR THE DISTRICT OF COLUMBIA
SEC. 6077. The District of Columbia Appropriations Act, 2005
(Public Law 108–335) approved October 18, 2004, is amended as
follows:
(1) Section 331 is amended as follows:
(A) in the first sentence by striking ‘‘$15,000,000’’ and
inserting ‘‘$42,000,000, to remain available until expended,’’
in its place, and
(B) by amending subsection (5) to read as follows:
‘‘(5) The amounts may be obligated or expended only if
the Mayor notifies the Committees on Appropriations of the
House of Representatives and Senate in writing 30 days in
advance of any obligation or expenditure.’’.
(2) By inserting a new section before the short title at
the end to read as follows:
‘‘SEC. 348. The amount appropriated by this Act may be
increased by an additional amount of $206,736,000 (including
$49,927,000 from local funds and $156,809,000 from other funds)
to be transferred by the Mayor of the District of Columbia to
the various headings under this Act as follows:
‘‘(1) $174,927,000 (including $34,927,000 from local funds
and $140,000,000 from other funds) shall be transferred under
the heading ‘Government Direction and Support’: Provided,
That of the funds, $33,000,000 from local funds shall remain
available until expended: Provided further, That of the funds,
$140,000,000 from other funds shall remain available until
expended and shall only be available in conjunction with rev-
enue from a private or alternative financing proposal approved
pursuant to section 106 of DC Act 15–717, the ‘Ballpark Omni-
bus Financing and Revenue Act of 2004’ approved by the Dis-
trict of Columbia, December 29, 2004, and
‘‘(2) $15,000,000 from local funds shall be transferred under
the heading ‘Repayment of Loans and Interest’, and
‘‘(3) $14,000,000 from other funds shall be transferred
under the heading ‘Sports and Entertainment Commission’,
and
‘‘(4) $2,809,000 from other funds shall be transferred under
the heading ‘Water and Sewer Authority’.’’.
H. R. 1268—72
USE OF FUNDS FOR EMERGENCY PREPAREDNESS CENTERS
SEC. 6078. Section 114 of title I of division I of the Consolidated
Appropriations Act, 2005 (Public Law 108–447) is amended by
inserting before the period ‘‘and section 303 of Public Law 108–
422’’.
COLLECTIONS DEPOSITED INTO PROJECT CONSTRUCTION ACCOUNTS
SEC. 6079. Section 117 of title I of division I of the Consolidated
Appropriations Act, 2005 (Public Law 108–447) is amended by
striking ‘‘that are deposited into the Medical Care Collections Fund
may be transferred and merged with’’ and inserting ‘‘may be depos-
ited into the’’.
CONTRACTS FOR HOSPITAL CARE AND MEDICAL SERVICES
SEC. 6080. Section 1703(d)(2) of title 38, United States Code,
is amended by striking ‘‘shall be available for the purposes’’ and
inserting ‘‘shall be available, without fiscal year limitation, for
the purposes’’.
IMPLEMENTATION OF MISSION CHANGES AT SPECIFIC VETERANS
HEALTH ADMINISTRATION FACILITIES
SEC. 6081. (a) IN GENERAL.—Section 414 of the Veterans Health
Programs Improvement Act of 2004, is amended by adding at the
end the following:
‘‘(h) DEFINITION.—In this section, the term ‘medical center’
includes any outpatient clinic.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect as if included in the Veterans Health Programs
Improvement Act of 2004 (Public Law 108–422).
This division may be cited as the ‘‘Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005’’.
DIVISION B—REAL ID ACT OF 2005
SECTION 1. SHORT TITLE.
This division may be cited as the ‘‘REAL ID Act of 2005’’.
TITLE I—AMENDMENTS TO FEDERAL
LAWS TO PROTECT AGAINST TER-
RORIST ENTRY
SEC. 101. PREVENTING TERRORISTS FROM OBTAINING RELIEF FROM
REMOVAL.
(a) CONDITIONS FOR GRANTING ASYLUM.—Section 208(b)(1) of
the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)) is
amended—
(1) by striking ‘‘The Attorney General’’ the first place such
term appears and inserting the following:
‘‘(A) ELIGIBILITY.—The Secretary of Homeland Security
or the Attorney General’’;
H. R. 1268—73
(2) by striking ‘‘the Attorney General’’ the second and third
places such term appears and inserting ‘‘the Secretary of Home-
land Security or the Attorney General’’; and
(3) by adding at the end the following:
‘‘(B) BURDEN OF PROOF.—
‘‘(i) IN GENERAL.—The burden of proof is on the
applicant to establish that the applicant is a refugee,
within the meaning of section 101(a)(42)(A). To estab-
lish that the applicant is a refugee within the meaning
of such section, the applicant must establish that race,
religion, nationality, membership in a particular social
group, or political opinion was or will be at least one
central reason for persecuting the applicant.
‘‘(ii) SUSTAINING BURDEN.—The testimony of the
applicant may be sufficient to sustain the applicant’s
burden without corroboration, but only if the applicant
satisfies the trier of fact that the applicant’s testimony
is credible, is persuasive, and refers to specific facts
sufficient to demonstrate that the applicant is a ref-
ugee. In determining whether the applicant has met
the applicant’s burden, the trier of fact may weigh
the credible testimony along with other evidence of
record. Where the trier of fact determines that the
applicant should provide evidence that corroborates
otherwise credible testimony, such evidence must be
provided unless the applicant does not have the evi-
dence and cannot reasonably obtain the evidence.
‘‘(iii) CREDIBILITY
DETERMINATION.—Considering
the totality of the circumstances, and all relevant fac-
tors, a trier of fact may base a credibility determination
on the demeanor, candor, or responsiveness of the
applicant or witness, the inherent plausibility of the
applicant’s or witness’s account, the consistency
between the applicant’s or witness’s written and oral
statements (whenever made and whether or not under
oath, and considering the circumstances under which
the statements were made), the internal consistency
of each such statement, the consistency of such state-
ments with other evidence of record (including the
reports of the Department of State on country condi-
tions), and any inaccuracies or falsehoods in such state-
ments, without regard to whether an inconsistency,
inaccuracy, or falsehood goes to the heart of the
applicant’s claim, or any other relevant factor. There
is no presumption of credibility, however, if no adverse
credibility determination is explicitly made, the
applicant or witness shall have a rebuttable presump-
tion of credibility on appeal.’’.
(b) 
EXCEPTIONS
TO
ELIGIBILITY
FOR
ASYLUM.—Section
208(b)(2)(A)(v) of the Immigration and Nationality Act (8 U.S.C.
1158(b)(2)(A)(v)) is amended—
(1) by striking ‘‘inadmissible under’’ each place such term
appears and inserting ‘‘described in’’; and
(2) by striking ‘‘removable under’’.
(c) WITHHOLDING
OF
REMOVAL.—Section 241(b)(3) of the
Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is amended
by adding at the end the following:
H. R. 1268—74
‘‘(C) SUSTAINING BURDEN OF PROOF; CREDIBILITY DETER-
MINATIONS.—In determining whether an alien has dem-
onstrated that the alien’s life or freedom would be threat-
ened for a reason described in subparagraph (A), the trier
of fact shall determine whether the alien has sustained
the alien’s burden of proof, and shall make credibility deter-
minations, in the manner described in clauses (ii) and
(iii) of section 208(b)(1)(B).’’.
(d) OTHER REQUESTS
FOR RELIEF FROM REMOVAL.—Section
240(c) of the Immigration and Nationality Act (8 U.S.C. 1230(c))
is amended—
(1) by redesignating paragraphs (4), (5), and (6) as para-
graphs (5), (6), and (7), respectively; and
(2) by inserting after paragraph (3) the following:
‘‘(4) APPLICATIONS FOR RELIEF FROM REMOVAL.—
‘‘(A) IN
GENERAL.—An alien applying for relief or
protection from removal has the burden of proof to establish
that the alien—
‘‘(i) satisfies the applicable eligibility requirements;
and
‘‘(ii) with respect to any form of relief that is
granted in the exercise of discretion, that the alien
merits a favorable exercise of discretion.
‘‘(B) SUSTAINING BURDEN.—The applicant must comply
with the applicable requirements to submit information
or documentation in support of the applicant’s application
for relief or protection as provided by law or by regulation
or in the instructions for the application form. In evaluating
the testimony of the applicant or other witness in support
of the application, the immigration judge will determine
whether or not the testimony is credible, is persuasive,
and refers to specific facts sufficient to demonstrate that
the applicant has satisfied the applicant’s burden of proof.
In determining whether the applicant has met such burden,
the immigration judge shall weigh the credible testimony
along with other evidence of record. Where the immigration
judge determines that the applicant should provide evi-
dence which corroborates otherwise credible testimony,
such evidence must be provided unless the applicant dem-
onstrates that the applicant does not have the evidence
and cannot reasonably obtain the evidence.
‘‘(C) CREDIBILITY
DETERMINATION.—Considering the
totality of the circumstances, and all relevant factors, the
immigration judge may base a credibility determination
on the demeanor, candor, or responsiveness of the applicant
or witness, the inherent plausibility of the applicant’s or
witness’s account, the consistency between the applicant’s
or witness’s written and oral statements (whenever made
and whether or not under oath, and considering the cir-
cumstances under which the statements were made), the
internal consistency of each such statement, the consistency
of such statements with other evidence of record (including
the reports of the Department of State on country condi-
tions), and any inaccuracies or falsehoods in such state-
ments, without regard to whether an inconsistency, inaccu-
racy, or falsehood goes to the heart of the applicant’s claim,
or any other relevant factor. There is no presumption of
H. R. 1268—75
credibility, however, if no adverse credibility determination
is explicitly made, the applicant or witness shall have
a rebuttable presumption of credibility on appeal.’’.
(e) STANDARD OF REVIEW FOR ORDERS OF REMOVAL.—Section
242(b)(4) of the Immigration and Nationality Act (8 U.S.C.
1252(b)(4)) is amended by adding at the end, after subparagraph
(D), the following: ‘‘No court shall reverse a determination made
by a trier of fact with respect to the availability of corroborating
evidence, as described in section 208(b)(1)(B), 240(c)(4)(B), or
241(b)(3)(C), unless the court finds, pursuant to section 242(b)(4)(B),
that a reasonable trier of fact is compelled to conclude that such
corroborating evidence is unavailable.’’.
(f) CLARIFICATION OF DISCRETION.—Section 242(a)(2)(B) of the
Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) is
amended—
(1) by inserting ‘‘or the Secretary of Homeland Security’’
after ‘‘Attorney General’’ each place such term appears; and
(2) in the matter preceding clause (i), by inserting ‘‘and
regardless of whether the judgment, decision, or action is made
in removal proceedings,’’ after ‘‘other provision of law,’’.
(g) REMOVAL OF CAPS.—
(1) ASYLEES.—Section 209 of the Immigration and Nation-
ality Act (8 U.S.C. 1159) is amended—
(A) in subsection (a)(1)—
(i) by striking ‘‘Service’’ and inserting ‘‘Department
of Homeland Security’’; and
(ii) by striking ‘‘Attorney General’’ each place such
term appears and inserting ‘‘Secretary of Homeland
Security or the Attorney General’’;
(B) in subsection (b)—
(i) by striking ‘‘Not more’’ and all that follows
through ‘‘asylum who—’’ and inserting ‘‘The Secretary
of Homeland Security or the Attorney General, in the
Secretary’s or the Attorney General’s discretion and
under such regulations as the Secretary or the Attorney
General may prescribe, may adjust to the status of
an alien lawfully admitted for permanent residence
the status of any alien granted asylum who—’’; and
(ii) in the matter following paragraph (5), by
striking ‘‘Attorney General’’ and inserting ‘‘Secretary
of Homeland Security or the Attorney General’’; and
(C) in subsection (c), by striking ‘‘Attorney General’’
and inserting ‘‘Secretary of Homeland Security or the
Attorney General’’.
(2) PERSONS
RESISTING
COERCIVE
POPULATION
CONTROL
METHODS.—Section 207(a) of the Immigration and Nationality
Act (8 U.S.C. 1157(a)) is amended by striking paragraph (5).
(h) EFFECTIVE DATES.—
(1) The amendments made by paragraphs (1) and (2) of
subsection (a) shall take effect as if enacted on March 1, 2003.
(2) The amendments made by subsections (a)(3), (b), (c),
and (d) shall take effect on the date of the enactment of this
division and shall apply to applications for asylum, withholding,
or other relief from removal made on or after such date.
(3) The amendment made by subsection (e) shall take effect
on the date of the enactment of this division and shall apply
H. R. 1268—76
to all cases in which the final administrative removal order
is or was issued before, on, or after such date.
(4) The amendments made by subsection (f) shall take
effect on the date of the enactment of this division and shall
apply to all cases pending before any court on or after such
date.
(5) The amendments made by subsection (g) shall take
effect on the date of the enactment of this division.
(i) REPEAL.—Section 5403 of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (Public Law 108–458) is repealed.
SEC. 102. WAIVER OF LEGAL REQUIREMENTS NECESSARY FOR
IMPROVEMENT OF BARRIERS AT BORDERS; FEDERAL
COURT REVIEW.
Section 102(c) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended to
read as follows:
‘‘(c) WAIVER.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, the Secretary of Homeland Security shall have the
authority to waive all legal requirements such Secretary, in
such Secretary’s sole discretion, determines necessary to ensure
expeditious construction of the barriers and roads under this
section. Any such decision by the Secretary shall be effective
upon being published in the Federal Register.
‘‘(2) FEDERAL COURT REVIEW.—
‘‘(A) IN GENERAL.—The district courts of the United
States shall have exclusive jurisdiction to hear all causes
or claims arising from any action undertaken, or any deci-
sion made, by the Secretary of Homeland Security pursuant
to paragraph (1). A cause of action or claim may only
be brought alleging a violation of the Constitution of the
United States. The court shall not have jurisdiction to
hear any claim not specified in this subparagraph.
‘‘(B) TIME FOR FILING OF COMPLAINT.—Any cause or
claim brought pursuant to subparagraph (A) shall be filed
not later than 60 days after the date of the action or
decision made by the Secretary of Homeland Security. A
claim shall be barred unless it is filed within the time
specified.
‘‘(C) ABILITY TO SEEK APPELLATE REVIEW.—An inter-
locutory or final judgment, decree, or order of the district
court may be reviewed only upon petition for a writ of
certiorari to the Supreme Court of the United States.’’.
SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TERRORIST-
RELATED ACTIVITIES.
(a) IN GENERAL.—So much of section 212(a)(3)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) as pre-
cedes the final sentence is amended to read as follows:
‘‘(i) IN GENERAL.—Any alien who—
‘‘(I) has engaged in a terrorist activity;
‘‘(II) a consular officer, the Attorney General,
or the Secretary of Homeland Security knows, or
has reasonable ground to believe, is engaged in
or is likely to engage after entry in any terrorist
activity (as defined in clause (iv));
H. R. 1268—77
‘‘(III) has, under circumstances indicating an
intention to cause death or serious bodily harm,
incited terrorist activity;
‘‘(IV) is a representative (as defined in clause
(v)) of—
‘‘(aa) a terrorist organization (as defined
in clause (vi)); or
‘‘(bb) a political, social, or other group that
endorses or espouses terrorist activity;
‘‘(V) is a member of a terrorist organization
described in subclause (I) or (II) of clause (vi);
‘‘(VI) is a member of a terrorist organization
described in clause (vi)(III), unless the alien can
demonstrate by clear and convincing evidence that
the alien did not know, and should not reasonably
have known, that the organization was a terrorist
organization;
‘‘(VII) endorses or espouses terrorist activity
or persuades others to endorse or espouse terrorist
activity or support a terrorist organization;
‘‘(VIII) has received military-type training (as
defined in section 2339D(c)(1) of title 18, United
States Code) from or on behalf of any organization
that, at the time the training was received, was
a terrorist organization (as defined in clause (vi));
or
‘‘(IX) is the spouse or child of an alien who
is inadmissible under this subparagraph, if the
activity causing the alien to be found inadmissible
occurred within the last 5 years, is inadmissible.’’.
(b) 
ENGAGE
IN
TERRORIST
ACTIVITY
DEFINED.—Section
212(a)(3)(B)(iv) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(iv)) is amended to read as follows:
‘‘(iv) ENGAGE IN TERRORIST ACTIVITY DEFINED.—
As used in this Act, the term ‘engage in terrorist
activity’ means, in an individual capacity or as a
member of an organization—
‘‘(I) to commit or to incite to commit, under
circumstances indicating an intention to cause
death or serious bodily injury, a terrorist activity;
‘‘(II) to prepare or plan a terrorist activity;
‘‘(III) to gather information on potential tar-
gets for terrorist activity;
‘‘(IV) to solicit funds or other things of value
for—
‘‘(aa) a terrorist activity;
‘‘(bb) a terrorist organization described in
clause (vi)(I) or (vi)(II); or
‘‘(cc) a terrorist organization described in
clause (vi)(III), unless the solicitor can dem-
onstrate by clear and convincing evidence that
he did not know, and should not reasonably
have known, that the organization was a ter-
rorist organization;
‘‘(V) to solicit any individual—
‘‘(aa) to engage in conduct otherwise
described in this subsection;
H. R. 1268—78
‘‘(bb) for membership in a terrorist
organization described in clause (vi)(I) or
(vi)(II); or
‘‘(cc) 
for 
membership 
in 
a 
terrorist
organization described in clause (vi)(III) unless
the solicitor can demonstrate by clear and con-
vincing evidence that he did not know, and
should not reasonably have known, that the
organization was a terrorist organization; or
‘‘(VI) to commit an act that the actor knows,
or reasonably should know, affords material sup-
port, including a safe house, transportation,
communications, funds, transfer of funds or other
material financial benefit, false documentation or
identification, 
weapons 
(including 
chemical,
biological, or radiological weapons), explosives, or
training—
‘‘(aa) for the commission of a terrorist
activity;
‘‘(bb) to any individual who the actor
knows, or reasonably should know, has com-
mitted or plans to commit a terrorist activity;
‘‘(cc) to a terrorist organization described
in subclause (I) or (II) of clause (vi) or to
any member of such an organization; or
‘‘(dd) to a terrorist organization described
in clause (vi)(III), or to any member of such
an organization, unless the actor can dem-
onstrate by clear and convincing evidence that
the actor did not know, and should not reason-
ably have known, that the organization was
a terrorist organization.’’.
(c) TERRORIST ORGANIZATION DEFINED.—Section 212(a)(3)(B)(vi)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))
is amended to read as follows:
‘‘(vi) TERRORIST ORGANIZATION DEFINED.—As used
in this section, the term ‘terrorist organization’ means
an organization—
‘‘(I) designated under section 219;
‘‘(II) otherwise designated, upon publication
in the Federal Register, by the Secretary of State
in consultation with or upon the request of the
Attorney General or the Secretary of Homeland
Security, as a terrorist organization, after finding
that the organization engages in the activities
described in subclauses (I) through (VI) of clause
(iv); or
‘‘(III) that is a group of two or more individ-
uals, whether organized or not, which engages in,
or has a subgroup which engages in, the activities
described in subclauses (I) through (VI) of clause
(iv).’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this division,
and these amendments, and section 212(a)(3)(B) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(B)), as amended by this
section, shall apply to—
H. R. 1268—79
(1) removal proceedings instituted before, on, or after the
date of the enactment of this division; and
(2) acts and conditions constituting a ground for inadmis-
sibility, excludability, deportation, or removal occurring or
existing before, on, or after such date.
SEC. 104. WAIVER FOR CERTAIN GROUNDS OF INADMISSIBILITY.
Section 212(d)(3) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(3)) is amended—
(1) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’;
(2) by striking ‘‘alien (A)’’ and inserting ‘‘alien (i)’’;
(3) by striking ‘‘or (B)’’ and inserting ‘‘or (ii)’’; and
(4) by adding at the end the following:
‘‘(B)(i) The Secretary of State, after consultation with the
Attorney General and the Secretary of Homeland Security, or the
Secretary of Homeland Security, after consultation with the Sec-
retary of State and the Attorney General, may conclude in such
Secretary’s 
sole 
unreviewable 
discretion 
that 
subsection
(a)(3)(B)(i)(IV)(bb) or (a)(3)(B)(i)(VII) shall not apply to an alien,
that subsection (a)(3)(B)(iv)(VI) shall not apply with respect to
any material support an alien afforded to an organization or indi-
vidual that has engaged in a terrorist activity, or that subsection
(a)(3)(B)(vi)(III) shall not apply to a group solely by virtue of having
a subgroup within the scope of that subsection. The Secretary
of State may not, however, exercise discretion under this clause
with respect to an alien once removal proceedings against the
alien are instituted under section 240.
‘‘(ii) Not later than 90 days after the end of each fiscal year,
the Secretary of State and the Secretary of Homeland Security
shall each provide to the Committees on the Judiciary of the House
of Representatives and of the Senate, the Committee on Inter-
national Relations of the House of Representatives, the Committee
on Foreign Relations of the Senate, and the Committee on Home-
land Security of the House of Representatives a report on the
aliens to whom such Secretary has applied clause (i). Within one
week of applying clause (i) to a group, the Secretary of State
or the Secretary of Homeland Security shall provide a report to
such Committees.’’.
SEC. 105. REMOVAL OF TERRORISTS.
(a) IN GENERAL.—
(1) IN GENERAL.—Section 237(a)(4)(B) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended to
read as follows:
‘‘(B) TERRORIST ACTIVITIES.—Any alien who is described
in subparagraph (B) or (F) of section 212(a)(3) is deport-
able.’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect on the date of the enactment of this division,
and the amendment, and section 237(a)(4)(B) of the Immigra-
tion and Nationality Act (8 U.S.C. 1227(a)(4)(B)), as amended
by such paragraph, shall apply to—
(A) removal proceedings instituted before, on, or after
the date of the enactment of this division; and
(B) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after such date.
H. R. 1268—80
(b) REPEAL.—Effective as of the date of the enactment of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public
Law 108–458), section 5402 of such Act is repealed, and the
Immigration and Nationality Act shall be applied as if such section
had not been enacted.
SEC. 106. JUDICIAL REVIEW OF ORDERS OF REMOVAL.
(a) IN GENERAL.—Section 242 of the Immigration and Nation-
ality Act (8 U.S.C. 1252) is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) in subparagraph (A), by inserting ‘‘(statutory
or nonstatutory), including section 2241 of title 28,
United States Code, or any other habeas corpus provi-
sion, and sections 1361 and 1651 of such title’’ after
‘‘Notwithstanding any other provision of law’’;
(ii) in each of subparagraphs (B) and (C), by
inserting ‘‘(statutory or nonstatutory), including section
2241 of title 28, United States Code, or any other
habeas corpus provision, and sections 1361 and 1651
of such title, and except as provided in subparagraph
(D)’’ after ‘‘Notwithstanding any other provision of
law’’; and
(iii) by adding at the end the following:
‘‘(D) JUDICIAL
REVIEW
OF
CERTAIN
LEGAL
CLAIMS.—
Nothing in subparagraph (B) or (C), or in any other provi-
sion of this Act (other than this section) which limits or
eliminates judicial review, shall be construed as precluding
review of constitutional claims or questions of law raised
upon a petition for review filed with an appropriate court
of appeals in accordance with this section.’’; and
(B) by adding at the end the following:
‘‘(4) CLAIMS UNDER THE UNITED NATIONS CONVENTION.—
Notwithstanding any other provision of law (statutory or non-
statutory), including section 2241 of title 28, United States
Code, or any other habeas corpus provision, and sections 1361
and 1651 of such title, a petition for review filed with an
appropriate court of appeals in accordance with this section
shall be the sole and exclusive means for judicial review of
any cause or claim under the United Nations Convention
Against Torture and Other Forms of Cruel, Inhuman, or
Degrading Treatment or Punishment, except as provided in
subsection (e).
‘‘(5) EXCLUSIVE MEANS OF REVIEW.—Notwithstanding any
other provision of law (statutory or nonstatutory), including
section 2241 of title 28, United States Code, or any other
habeas corpus provision, and sections 1361 and 1651 of such
title, a petition for review filed with an appropriate court of
appeals in accordance with this section shall be the sole and
exclusive means for judicial review of an order of removal
entered or issued under any provision of this Act, except as
provided in subsection (e). For purposes of this Act, in every
provision that limits or eliminates judicial review or jurisdiction
to review, the terms ‘judicial review’ and ‘jurisdiction to review’
include habeas corpus review pursuant to section 2241 of title
28, United States Code, or any other habeas corpus provision,
H. R. 1268—81
sections 1361 and 1651 of such title, and review pursuant
to any other provision of law (statutory or nonstatutory).’’;
(2) in subsection (b)(9), by adding at the end the following:
‘‘Except as otherwise provided in this section, no court shall
have jurisdiction, by habeas corpus under section 2241 of title
28, United States Code, or any other habeas corpus provision,
by section 1361 or 1651 of such title, or by any other provision
of law (statutory or nonstatutory), to review such an order
or such questions of law or fact.’’; and
(3) in subsection (g), by inserting ‘‘(statutory or nonstatu-
tory), including section 2241 of title 28, United States Code,
or any other habeas corpus provision, and sections 1361 and
1651 of such title’’ after ‘‘notwithstanding any other provision
of law’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect upon the date of the enactment of this division
and shall apply to cases in which the final administrative order
of removal, deportation, or exclusion was issued before, on, or
after the date of the enactment of this division.
(c) TRANSFER
OF CASES.—If an alien’s case, brought under
section 2241 of title 28, United States Code, and challenging a
final administrative order of removal, deportation, or exclusion,
is pending in a district court on the date of the enactment of
this division, then the district court shall transfer the case (or
the part of the case that challenges the order of removal, deporta-
tion, or exclusion) to the court of appeals for the circuit in which
a petition for review could have been properly filed under section
242(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1252),
as amended by this section, or under section 309(c)(4)(D) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1101 note). The court of appeals shall treat the
transferred case as if it had been filed pursuant to a petition
for review under such section 242, except that subsection (b)(1)
of such section shall not apply.
(d) TRANSITIONAL RULE CASES.—A petition for review filed
under former section 106(a) of the Immigration and Nationality
Act (as in effect before its repeal by section 306(b) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1252 note)) shall be treated as if it had been filed as
a petition for review under section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252), as amended by this section. Not-
withstanding any other provision of law (statutory or nonstatutory),
including section 2241 of title 28, United States Code, or any
other habeas corpus provision, and sections 1361 and 1651 of such
title, such petition for review shall be the sole and exclusive means
for judicial review of an order of deportation or exclusion.
TITLE II—IMPROVED SECURITY FOR
DRIVERS’ LICENSES AND PERSONAL
IDENTIFICATION CARDS
SEC. 201. DEFINITIONS.
In this title, the following definitions apply:
H. R. 1268—82
(1) DRIVER’S LICENSE.—The term ‘‘driver’s license’’ means
a motor vehicle operator’s license, as defined in section 30301
of title 49, United States Code.
(2) IDENTIFICATION CARD.—The term ‘‘identification card’’
means a personal identification card, as defined in section
1028(d) of title 18, United States Code, issued by a State.
(3) OFFICIAL PURPOSE.—The term ‘‘official purpose’’ includes
but is not limited to accessing Federal facilities, boarding feder-
ally regulated commercial aircraft, entering nuclear power
plants, and any other purposes that the Secretary shall deter-
mine.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Homeland Security.
(5) STATE.—The term ‘‘State’’ means a State of the United
States, the District of Columbia, Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Northern Mariana Islands, the
Trust Territory of the Pacific Islands, and any other territory
or possession of the United States.
SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE
STANDARDS FOR FEDERAL RECOGNITION.
(a) MINIMUM STANDARDS FOR FEDERAL USE.—
(1) IN GENERAL.—Beginning 3 years after the date of the
enactment of this division, a Federal agency may not accept,
for any official purpose, a driver’s license or identification card
issued by a State to any person unless the State is meeting
the requirements of this section.
(2) STATE CERTIFICATIONS.—The Secretary shall determine
whether a State is meeting the requirements of this section
based on certifications made by the State to the Secretary.
Such certifications shall be made at such times and in such
manner as the Secretary, in consultation with the Secretary
of Transportation, may prescribe by regulation.
(b) MINIMUM DOCUMENT REQUIREMENTS.—To meet the require-
ments of this section, a State shall include, at a minimum, the
following information and features on each driver’s license and
identification card issued to a person by the State:
(1) The person’s full legal name.
(2) The person’s date of birth.
(3) The person’s gender.
(4) The person’s driver’s license or identification card
number.
(5) A digital photograph of the person.
(6) The person’s address of principle residence.
(7) The person’s signature.
(8) Physical security features designed to prevent tam-
pering, counterfeiting, or duplication of the document for
fraudulent purposes.
(9) A common machine-readable technology, with defined
minimum data elements.
(c) MINIMUM ISSUANCE STANDARDS.—
(1) IN GENERAL.—To meet the requirements of this section,
a State shall require, at a minimum, presentation and
verification of the following information before issuing a driver’s
license or identification card to a person:
H. R. 1268—83
(A) A photo identity document, except that a non-
photo identity document is acceptable if it includes both
the person’s full legal name and date of birth.
(B) Documentation showing the person’s date of birth.
(C) Proof of the person’s social security account number
or verification that the person is not eligible for a social
security account number.
(D) Documentation showing the person’s name and
address of principal residence.
(2) SPECIAL REQUIREMENTS.—
(A) IN GENERAL.—To meet the requirements of this
section, a State shall comply with the minimum standards
of this paragraph.
(B) EVIDENCE
OF
LAWFUL
STATUS.—A State shall
require, before issuing a driver’s license or identification
card to a person, valid documentary evidence that the
person—
(i) is a citizen or national of the United States;
(ii) is an alien lawfully admitted for permanent
or temporary residence in the United States;
(iii) has conditional permanent resident status in
the United States;
(iv) has an approved application for asylum in
the United States or has entered into the United States
in refugee status;
(v) has a valid, unexpired nonimmigrant visa or
nonimmigrant visa status for entry into the United
States;
(vi) has a pending application for asylum in the
United States;
(vii) has a pending or approved application for
temporary protected status in the United States;
(viii) has approved deferred action status; or
(ix) has a pending application for adjustment of
status to that of an alien lawfully admitted for perma-
nent residence in the United States or conditional
permanent resident status in the United States.
(C) TEMPORARY DRIVERS’ LICENSES AND IDENTIFICATION
CARDS.—
(i) IN
GENERAL.—If a person presents evidence
under any of clauses (v) through (ix) of subparagraph
(B), the State may only issue a temporary driver’s
license or temporary identification card to the person.
(ii) 
EXPIRATION
DATE.—A 
temporary 
driver’s
license or temporary identification card issued pursu-
ant to this subparagraph shall be valid only during
the period of time of the applicant’s authorized stay
in the United States or, if there is no definite end
to the period of authorized stay, a period of one year.
(iii) DISPLAY OF EXPIRATION DATE.—A temporary
driver’s license or temporary identification card issued
pursuant to this subparagraph shall clearly indicate
that it is temporary and shall state the date on which
it expires.
(iv) RENEWAL.—A temporary driver’s license or
temporary identification card issued pursuant to this
subparagraph may be renewed only upon presentation
H. R. 1268—84
of valid documentary evidence that the status by which
the applicant qualified for the temporary driver’s
license or temporary identification card has been
extended by the Secretary of Homeland Security.
(3) VERIFICATION OF DOCUMENTS.—To meet the require-
ments of this section, a State shall implement the following
procedures:
(A) Before issuing a driver’s license or identification
card to a person, the State shall verify, with the issuing
agency, the issuance, validity, and completeness of each
document required to be presented by the person under
paragraph (1) or (2).
(B) The State shall not accept any foreign document,
other than an official passport, to satisfy a requirement
of paragraph (1) or (2).
(C) Not later than September 11, 2005, the State shall
enter into a memorandum of understanding with the Sec-
retary of Homeland Security to routinely utilize the auto-
mated system known as Systematic Alien Verification for
Entitlements, as provided for by section 404 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (110 Stat. 3009–664), to verify the legal presence
status of a person, other than a United States citizen,
applying for a driver’s license or identification card.
(d) OTHER REQUIREMENTS.—To meet the requirements of this
section, a State shall adopt the following practices in the issuance
of drivers’ licenses and identification cards:
(1) Employ technology to capture digital images of identity
source documents so that the images can be retained in elec-
tronic storage in a transferable format.
(2) Retain paper copies of source documents for a minimum
of 7 years or images of source documents presented for a
minimum of 10 years.
(3) Subject each person applying for a driver’s license or
identification card to mandatory facial image capture.
(4) Establish an effective procedure to confirm or verify
a renewing applicant’s information.
(5) Confirm with the Social Security Administration a social
security account number presented by a person using the full
social security account number. In the event that a social
security account number is already registered to or associated
with another person to which any State has issued a driver’s
license or identification card, the State shall resolve the discrep-
ancy and take appropriate action.
(6) Refuse to issue a driver’s license or identification card
to a person holding a driver’s license issued by another State
without confirmation that the person is terminating or has
terminated the driver’s license.
(7) Ensure the physical security of locations where drivers’
licenses and identification cards are produced and the security
of document materials and papers from which drivers’ licenses
and identification cards are produced.
(8) Subject all persons authorized to manufacture or
produce drivers’ licenses and identification cards to appropriate
security clearance requirements.
H. R. 1268—85
(9) Establish fraudulent document recognition training pro-
grams for appropriate employees engaged in the issuance of
drivers’ licenses and identification cards.
(10) Limit the period of validity of all driver’s licenses
and identification cards that are not temporary to a period
that does not exceed 8 years.
(11) In any case in which the State issues a driver’s license
or identification card that does not satisfy the requirements
of this section, ensure that such license or identification card—
(A) clearly states on its face that it may not be accepted
by any Federal agency for federal identification or any
other official purpose; and
(B) uses a unique design or color indicator to alert
Federal agency and other law enforcement personnel that
it may not be accepted for any such purpose.
(12) Provide electronic access to all other States to informa-
tion contained in the motor vehicle database of the State.
(13) Maintain a State motor vehicle database that contains,
at a minimum—
(A) all data fields printed on drivers’ licenses and
identification cards issued by the State; and
(B) motor vehicle drivers’ histories, including motor
vehicle violations, suspensions, and points on licenses.
SEC. 203. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN
FALSE IDENTIFICATION DOCUMENTS.
(a) CRIMINAL PENALTY.—Section 1028(a)(8) of title 18, United
States Code, is amended by striking ‘‘false authentication features’’
and inserting ‘‘false or actual authentication features’’.
(b) USE OF FALSE DRIVER’S LICENSE AT AIRPORTS.—
(1) IN GENERAL.—The Secretary shall enter, into the appro-
priate aviation security screening database, appropriate
information regarding any person convicted of using a false
driver’s license at an airport (as such term is defined in section
40102 of title 49, United States Code).
(2) FALSE DEFINED.—In this subsection, the term ‘‘false’’
has the same meaning such term has under section 1028(d)
of title 18, United States Code.
SEC. 204. GRANTS TO STATES.
(a) IN GENERAL.—The Secretary may make grants to a State
to assist the State in conforming to the minimum standards set
forth in this title.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary for each of the fiscal years
2005 through 2009 such sums as may be necessary to carry out
this title.
SEC. 205. AUTHORITY.
(a) PARTICIPATION
OF SECRETARY
OF TRANSPORTATION
AND
STATES.—All authority to issue regulations, set standards, and issue
grants under this title shall be carried out by the Secretary, in
consultation with the Secretary of Transportation and the States.
(b) EXTENSIONS OF DEADLINES.—The Secretary may grant to
a State an extension of time to meet the requirements of section
202(a)(1) if the State provides adequate justification for noncompli-
ance.
H. R. 1268—86
SEC. 206. REPEAL.
Section 7212 of the Intelligence Reform and Terrorism Preven-
tion Act of 2004 (Public Law 108–458) is repealed.
SEC. 207. LIMITATION ON STATUTORY CONSTRUCTION.
Nothing in this title shall be construed to affect the authorities
or responsibilities of the Secretary of Transportation or the States
under chapter 303 of title 49, United States Code.
TITLE III—BORDER INFRASTRUCTURE
AND TECHNOLOGY INTEGRATION
SEC. 301. VULNERABILITY AND THREAT ASSESSMENT.
(a) STUDY.—The Under Secretary of Homeland Security for
Border and Transportation Security, in consultation with the Under
Secretary of Homeland Security for Science and Technology and
the Under Secretary of Homeland Security for Information Analysis
and Infrastructure Protection, shall study the technology, equip-
ment, and personnel needed to address security vulnerabilities
within the United States for each field office of the Bureau of
Customs and Border Protection that has responsibility for any
portion of the United States borders with Canada and Mexico.
The Under Secretary shall conduct follow-up studies at least once
every 5 years.
(b) REPORT TO CONGRESS.—The Under Secretary shall submit
a report to Congress on the Under Secretary’s findings and conclu-
sions from each study conducted under subsection (a) together
with legislative recommendations, as appropriate, for addressing
any security vulnerabilities found by the study.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Department of Homeland Security Direc-
torate of Border and Transportation Security such sums as may
be necessary for fiscal years 2006 through 2011 to carry out any
such recommendations from the first study conducted under sub-
section (a).
SEC. 302. USE OF GROUND SURVEILLANCE TECHNOLOGIES FOR
BORDER SECURITY.
(a) PILOT PROGRAM.—Not later than 180 days after the date
of the enactment of this division, the Under Secretary of Homeland
Security for Science and Technology, in consultation with the Under
Secretary of Homeland Security for Border and Transportation
Security, the Under Secretary of Homeland Security for Information
Analysis and Infrastructure Protection, and the Secretary of
Defense, shall develop a pilot program to utilize, or increase the
utilization of, ground surveillance technologies to enhance the
border security of the United States. In developing the program,
the Under Secretary shall—
(1) consider various current and proposed ground surveil-
lance technologies that could be utilized to enhance the border
security of the United States;
(2) assess the threats to the border security of the United
States that could be addressed by the utilization of such tech-
nologies; and
(3) assess the feasibility and advisability of utilizing such
technologies to address such threats, including an assessment
H. R. 1268—87
of the technologies considered best suited to address such
threats.
(b) ADDITIONAL REQUIREMENTS.—
(1) IN GENERAL.—The pilot program shall include the utili-
zation of a variety of ground surveillance technologies in a
variety of topographies and areas (including both populated
and unpopulated areas) on both the northern and southern
borders of the United States in order to evaluate, for a range
of circumstances—
(A) the significance of previous experiences with such
technologies in homeland security or critical infrastructure
protection for the utilization of such technologies for border
security;
(B) the cost, utility, and effectiveness of such tech-
nologies for border security; and
(C) liability, safety, and privacy concerns relating to
the utilization of such technologies for border security.
(2) TECHNOLOGIES.—The ground surveillance technologies
utilized in the pilot program shall include the following:
(A) Video camera technology.
(B) Sensor technology.
(C) Motion detection technology.
(c) IMPLEMENTATION.—The Under Secretary of Homeland Secu-
rity for Border and Transportation Security shall implement the
pilot program developed under this section.
(d) REPORT.—Not later than 1 year after implementing the
pilot program under subsection (a), the Under Secretary shall
submit a report on the program to the Senate Committee on Com-
merce, Science, and Transportation, the House of Representatives
Committee on Science, the House of Representatives Committee
on Homeland Security, and the House of Representatives Committee
on the Judiciary. The Under Secretary shall include in the report
a description of the program together with such recommendations
as the Under Secretary finds appropriate, including recommenda-
tions for terminating the program, making the program permanent,
or enhancing the program.
SEC. 303. ENHANCEMENT OF COMMUNICATIONS INTEGRATION AND
INFORMATION SHARING ON BORDER SECURITY.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this division, the Secretary of Homeland Security,
acting through the Under Secretary of Homeland Security for
Border and Transportation Security, in consultation with the Under
Secretary of Homeland Security for Science and Technology, the
Under Secretary of Homeland Security for Information Analysis
and Infrastructure Protection, the Assistant Secretary of Commerce
for Communications and Information, and other appropriate Fed-
eral, State, local, and tribal agencies, shall develop and implement
a plan—
(1) to improve the communications systems of the depart-
ments and agencies of the Federal Government in order to
facilitate the integration of communications among the depart-
ments and agencies of the Federal Government and State,
local government agencies, and Indian tribal agencies on mat-
ters relating to border security; and
(2) to enhance information sharing among the departments
and agencies of the Federal Government, State and local
H. R. 1268—88
government agencies, and Indian tribal agencies on such mat-
ters.
(b) REPORT.—Not later than 1 year after implementing the
plan under subsection (a), the Secretary shall submit a copy of
the plan and a report on the plan, including any recommendations
the Secretary finds appropriate, to the Senate Committee on Com-
merce, Science, and Transportation, the House of Representatives
Committee on Science, the House of Representatives Committee
on Homeland Security, and the House of Representatives Committee
on the Judiciary.
TITLE IV—TEMPORARY WORKERS
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Save Our Small and Seasonal
Businesses Act of 2005’’.
SEC. 402. NUMERICAL LIMITATIONS ON H–2B WORKERS.
(a) IN GENERAL.—Section 214(g) of the Immigration and Nation-
ality Act (8 U.S.C. 1184(g)) is amended by adding at the end
the following:
‘‘(9)(A) Subject to subparagraphs (B) and (C), an alien who
has already been counted toward the numerical limitations of para-
graph (1)(B) during any 1 of the 3 fiscal years prior to the fiscal
year of the approved start date of a petition for a nonimmigrant
worker described in section 101(a)(15)(H)(ii)(b) shall not be counted
toward such limitation for the fiscal year in which the petition
is approved. Such an alien shall be considered a returning worker.
‘‘(B) A petition referred to in subparagraph (A) shall include,
with respect to a returning worker—
‘‘(i) all information and evidence that the Secretary of
Homeland Security determines is required to support a petition
for status under section 101(a)(15)(H)(ii)(b);
‘‘(ii) the full name of the alien; and
‘‘(iii) a certification to the Department of Homeland Secu-
rity that the alien is a returning worker.
‘‘(C) An H–2B visa or grant of nonimmigrant status for a
returning worker shall be approved only if the alien is confirmed
to be a returning worker by—
‘‘(i) the Department of State; or
‘‘(ii) if the alien is visa exempt or seeking to change to
status under section 101 (a)(15)(H)(ii)(b), the Department of
Homeland Security.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendment in subsection (a) shall
take effect as if enacted on October 1, 2004, and shall expire
on October 1, 2006.
(2) IMPLEMENTATION.—Not later than 14 days after the
date of the enactment of this Act, the Secretary of Homeland
Security shall begin accepting and processing petitions filed
on behalf of aliens described in section 101(a)(15)(H)(ii)(b) of
the Immigration and Nationality Act, in a manner consistent
with this section and the amendments made by this section.
Notwithstanding section 214(g)(9)(B) of such Act, as added by
subsection (a), the Secretary of Homeland Security shall allo-
cate additional numbers for fiscal year 2005 based on statistical
H. R. 1268—89
estimates and projections derived from Department of State
data.
SEC. 403. FRAUD PREVENTION AND DETECTION FEE.
(a) IMPOSITION OF FEE.—Section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)), as amended by section 426(a)
of division J of the Consolidated Appropriations Act, 2005 (Public
Law 108–447), is amended by adding at the end the following:
‘‘(13)(A) In addition to any other fees authorized by law, the
Secretary of Homeland Security shall impose a fraud prevention
and detection fee on an employer filing a petition under paragraph
(1) 
for 
nonimmigrant 
workers 
described 
in 
section
101(a)(15)(H)(ii)(b).
‘‘(B) The amount of the fee imposed under subparagraph (A)
shall be $150.’’.
(b) USE OF FEES.—
(1) FRAUD
PREVENTION
AND
DETECTION
ACCOUNT.—Sub-
section (v) of section 286 of the Immigration and Nationality
Act (8 U.S.C. 1356), as added by section 426(b) of division
J of the Consolidated Appropriations Act, 2005 (Public Law
108–447), is amended—
(A) in paragraphs (1), (2)(A), (2)(B), (2)(C), and (2)(D)
by striking ‘‘H1–B and L’’ each place it appears;
(B) in paragraph (1), as amended by subparagraph
(A), by striking ‘‘section 214(c)(12)’’ and inserting ‘‘para-
graph (12) or (13) of section 214(c)’’;
(C) in paragraphs (2)(A)(i) and (2)(B), as amended by
subparagraph (A), by striking ‘‘(H)(i)’’ each place it appears
and inserting ‘‘(H)(i), (H)(ii),’’; and
(D) in paragraph (2)(D), as amended by subparagraph
(A), by inserting before the period at the end ‘‘or for pro-
grams and activities to prevent and detect fraud with
respect to petitions under paragraph (1) or (2)(A) of section
214(c) to grant an alien nonimmigrant status described
in section 101(a)(15)(H)(ii)’’.
(2) CONFORMING AMENDMENT.—The heading of such sub-
section (v) of section 286 is amended by striking ‘‘H1–B and
L’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect 14 days after the date of the enactment
of this Act and shall apply to filings for a fiscal year after fiscal
year 2005.
SEC. 404. SANCTIONS.
(a) IN GENERAL.—Section 214(c) of the Immigration and Nation-
ality Act (8 U.S.C. 1184(c)), as amended by section 403, is further
amended by adding at the end the following:
‘‘(14)(A) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a substantial failure to
meet any of the conditions of the petition to admit or otherwise
provide 
status 
to 
a 
nonimmigrant 
worker 
under 
section
101(a)(15)(H)(ii)(b) or a willful misrepresentation of a material fact
in such petition—
‘‘(i) the Secretary of Homeland Security may, in addition
to any other remedy authorized by law, impose such administra-
tive remedies (including civil monetary penalties in an amount
not to exceed $10,000 per violation) as the Secretary of Home-
land Security determines to be appropriate; and
H. R. 1268—90
‘‘(ii) the Secretary of Homeland Security may deny petitions
filed with respect to that employer under section 204 or para-
graph (1) of this subsection during a period of at least 1 year
but not more than 5 years for aliens to be employed by the
employer.
‘‘(B) The Secretary of Homeland Security may delegate to the
Secretary of Labor, with the agreement of the Secretary of Labor,
any of the authority given to the Secretary of Homeland Security
under subparagraph (A)(i).
‘‘(C) In determining the level of penalties to be assessed under
subparagraph (A), the highest penalties shall be reserved for willful
failures to meet any of the conditions of the petition that involve
harm to United States workers.
‘‘(D) In this paragraph, the term ‘substantial failure’ means
the willful failure to comply with the requirements of this section
that constitutes a significant deviation from the terms and condi-
tions of a petition.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 2005.
SEC. 405. ALLOCATION OF H–2B VISAS OR H–2B NONIMMIGRANT
STATUS DURING A FISCAL YEAR.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C.
1184(g)), as amended by section 402, is further amended by adding
at the end the following new paragraph:
‘‘(10) The numerical limitations of paragraph (1)(B) shall be
allocated for a fiscal year so that the total number of aliens subject
to such numerical limits who enter the United States pursuant
to a visa or are accorded nonimmigrant status under section
101(a)(15)(H)(ii)(b) during the first 6 months of such fiscal year
is not more than 33,000.’’.
SEC. 406. SUBMISSION TO CONGRESS OF INFORMATION REGARDING
H–2B NONIMMIGRANTS.
Section 416 of the American Competitiveness and Workforce
Improvement Act of 1998 (title IV of division C of Public Law
105–277; 8 U.S.C. 1184 note) is amended—
(1) by striking ‘‘Attorney General’’ each place that term
appears and inserting ‘‘Secretary of Homeland Security’’; and
(2) by adding at the end the following new subsection:
‘‘(d) PROVISION OF INFORMATION.—
‘‘(1) SEMIANNUAL NOTIFICATION.—Beginning not later than
March 1, 2006, the Secretary of Homeland Security and the
Secretary of State shall notify, on a semiannual basis, the
Committees on the Judiciary of the House of Representatives
and the Senate of the number of aliens who during the pre-
ceding 1-year period—
‘‘(A) were issued visas or otherwise provided non-
immigrant status under section 101(a)(15)(H)(ii)(b) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(15)(H)(ii)(b)); or
‘‘(B) had such a visa or such status be revoked or
otherwise terminated.
‘‘(2) ANNUAL SUBMISSION.—Beginning in fiscal year 2007,
the Secretary of Homeland Security and the Secretary of State
shall submit, on an annual basis, to the Committees on the
Judiciary of the House of Representatives and the Senate—
H. R. 1268—91
‘‘(A) information on the countries of origin of, occupa-
tions of, and compensation paid to aliens who were issued
visas or otherwise provided nonimmigrant status under
section 101(a)(15)(H)(ii)(b) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) during the previous
fiscal year;
‘‘(B) the number of aliens who had such a visa or
such status expire or be revoked or otherwise terminated
during each month of such fiscal year; and
‘‘(C) the number of aliens who were provided non-
immigrant status under such section during both such
fiscal year and the preceding fiscal year.
‘‘(3) INFORMATION MAINTAINED BY STATE.—If the Secretary
of Homeland Security determines that information maintained
by the Secretary of State is required to make a submission
described in paragraph (1) or (2), the Secretary of State shall
provide such information to the Secretary of Homeland Security
upon request.’’.
SEC. 407. EXEMPTION FROM ADMINISTRATIVE PROCEDURE ACT.
The requirements of chapter 5 of title 5, United States Code
(commonly referred to as the ‘‘Administrative Procedure Act’’) or
any other law relating to rulemaking, information collection or
publication in the Federal Register, shall not apply to any action
to implement sections 402, 403, and 405 or the amendments made
by such sections to the extent the Secretary Homeland of Security,
the Secretary of Labor, or the Secretary of State determine that
compliance with any such requirement would impede the expedi-
tious implementation of such sections or the amendments made
by such sections.
TITLE V—OTHER CHANGES TO PROVI-
SIONS GOVERNING NONIMMIGRANT
AND IMMIGRANT VISAS
SEC. 501. RECIPROCAL VISAS FOR NATIONALS OF AUSTRALIA.
(a) IN GENERAL.—Section 101(a)(15)(E) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended—
(1) by adding at the end ‘‘or (iii) solely to perform services
in a specialty occupation in the United States if the alien
is a national of the Commonwealth of Australia and with
respect to whom the Secretary of Labor determines and certifies
to the Secretary of Homeland Security and the Secretary of
State that the intending employer has filed with the Secretary
of Labor an attestation under section 212(t)(1);’’; and
(2) in clause (i), by striking ‘‘or’’ after ‘‘national;’’.
(b) NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.—
Section 214(g) of such Act (8 U.S.C. 1184(g)), as amended by section
405, is further amended by adding at the end the following new
paragraph:
‘‘(11)(A) The Secretary of State may not approve a number
of initial applications submitted for aliens described in section
101(a)(15)(E)(iii) that is more than the applicable numerical limita-
tion set out in this paragraph.
H. R. 1268—92
‘‘(B) The applicable numerical limitation referred to in subpara-
graph (A) is 10,500 for each fiscal year.
‘‘(C) The applicable numerical limitation referred to in subpara-
graph (A) shall only apply to principal aliens and not to the spouses
or children of such aliens.’’.
(c) SPECIALTY OCCUPATION DEFINED.—Section 214(i)(1) of such
Act (8 U.S.C. 1184(i)(1)) is amended by inserting ‘‘, section
101(a)(15)(E)(iii),’’ after ‘‘section 101(a)(15)(H)(i)(b)’’.
(d) ATTESTATION.—Section 212(t) of such Act (8 U.S.C. 1182(t)),
as added by section 402(b)(2) of the United States-Chile Free Trade
Agreement Implementation Act (Public Law 108–77; 117 Stat. 941),
is amended—
(1) by inserting ‘‘or section 101(a)(15)(E)(iii)’’ after ‘‘section
101(a)(15)(H)(i)(b1)’’ each place it appears; and
(2) in paragraphs (3)(C)(i)(II), (3)(C)(ii)(II), and (3)(C)(iii)(II)
by striking ‘‘or 101(a)(15)(H)(i)(b1)’’ each place it appears and
inserting ‘‘101(a)(15)(H)(i)(b1), or 101(a)(15)(E)(iii)’’.
SEC. 502. VISAS FOR NURSES.
Section 106(d) of the American Competitiveness in the Twenty-
first Century Act of 2000 (Public Law 106–313; 8 U.S.C. 1153
note) is amended—
(1) in paragraph (1), by inserting before the period at
the end of the second sentence ‘‘and any such visa that is
made available due to the difference between the number of
employment-based visas that were made available in fiscal
year 2001, 2002, 2003, or 2004 and the number of such visas
that were actually used in such fiscal year shall be available
only to employment-based immigrants (and their family mem-
bers accompanying or following to join under section 203(d)
of such Act (8 U.S.C. 1153(d))) whose immigrant worker peti-
tions were approved based on schedule A, as defined in section
656.5 of title 20, Code of Federal Regulations, as promulgated
by the Secretary of Labor’’;
(2) in paragraph (2)(A), by striking ‘‘and 2000’’ and
inserting ‘‘through 2004’’; and
(3) in paragraph (2), by amending subparagraph (B) to
read as follows:
‘‘(B)(i) REDUCTION.—The number described in subpara-
graph (A) shall be reduced, for each fiscal year after fiscal
year 2001, by the cumulative number of immigrant visas
actually used under paragraph (1) for previous fiscal years.
H. R. 1268—93
‘‘(ii) MAXIMUM.—The total number of visas made avail-
able under paragraph (1) from unused visas from the fiscal
years 2001 through 2004 may not exceed 50,000.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.