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(5) ‘‘Where a humanitarian worker develops 
concerns or suspicions regarding sexual abuse or ex-
ploitation by a fellow worker, whether in the same 
agency or not, he or she must report such concerns 
via established agency reporting mechanisms.’’. 
(6) ‘‘Humanitarian agencies are obliged to cre-
ate and maintain an environment which prevents 
sexual exploitation and abuse and promotes the im-
plementation of their code of conduct. Managers at 
all levels have particular responsibilities to support 
and develop systems which maintain this environ-
ment.’’. 
SEC. 6003. REPORT. 
Not later than 180 days after the date of the enact-
ment of this Act, and not later than one year after the 
date of the enactment of this Act, the President shall 
transmit to the Committee on Appropriations and the 
Committee on International Relations of the House of 
Representatives and the Committee on Appropriations and 
the Committee on Foreign Relations of the Senate a de-
tailed report on the implementation of this title. 
SEC. 6004. EFFECTIVE DATE; APPLICABILITY. 
This title—
(1) takes effect 60 days after the date of the 
enactment of this Act; and
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(2) applies to funds obligated after the effective 
date referred to in paragraph (1)—
(A) for fiscal year 2005; and 
(B) any subsequent fiscal year. 
TITLE VII—ADDITIONAL GENERAL PROVISIONS 
SEC. 7001. None of the funds made available in this 
Act may be used for embassy security, construction, and 
maintenance. 
SEC. 7002. None of the funds made available in this 
Act may be used to fund any contract in contravention 
of section 15(g)(2) of the Small Business Act (15 U.S.C. 
644(g)(2)). 
SEC. 7003. None of the funds made available in this 
Act may be used in contravention of the following laws 
enacted or regulations promulgated to implement the 
United Nations Convention Against Torture and Other 
Cruel, Inhuman or Degrading Treatment or Punishment 
(done at New York on December 10, 1984): 
(1) Section 2340A of title 18, United States 
Code. 
(2) Section 2242 of the Foreign Affairs Reform 
and Restructuring Act of 1998 (division G of Public 
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 
note) and any regulations prescribed thereto, includ-
ing regulations under part 208 of title 8, Code of
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Federal Regulations, and part 95 of title 22, Code 
of Federal Regulations. 
This division may be cited as the ‘‘Emergency Sup-
plemental 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 FED-
ERAL 
LAWS 
TO 
PROTECT 
AGAINST TERRORIST ENTRY 
SEC. 101. PREVENTING TERRORISTS FROM OBTAINING RE-
LIEF 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 fol-
lowing: 
‘‘(A) 
ELIGIBILITY.—The 
Secretary 
of 
Homeland Security or the Attorney General’’; 
(2) by striking ‘‘the Attorney General’’ the sec-
ond and third places such term appears and insert-
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ing ‘‘the Secretary of Homeland Security or the At-
torney 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 es-
tablish that the applicant is a refugee with-
in the meaning of such section, the appli-
cant must establish that race, religion, na-
tionality, membership in a particular social 
group, or political opinion was or will be a 
central reason for persecuting the appli-
cant. 
‘‘(ii) SUSTAINING BURDEN.—The tes-
timony of the applicant may be sufficient 
to sustain the applicant’s burden without 
corroboration, but only if the applicant sat-
isfies the trier of fact that the applicant’s 
testimony is credible, is persuasive, and re-
fers to specific facts sufficient to dem-
onstrate that the applicant is a refugee. In 
determining whether the applicant has met 
the applicant’s burden, the trier of fact
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may weigh the credible testimony along 
with other evidence of record. Where the 
trier of fact determines, in the trier of 
fact’s discretion, that the applicant should 
provide evidence which corroborates other-
wise credible testimony, such evidence 
must be provided unless the applicant does 
not have the evidence and cannot reason-
ably obtain the evidence without departing 
the United States. The inability to obtain 
corroborating evidence does not excuse the 
applicant from meeting the applicant’s 
burden of proof. 
‘‘(iii) 
CREDIBILITY
DETERMINA-
TION.—The trier of fact should consider all 
relevant factors and may, in the trier of 
fact’s discretion, base the trier of fact’s 
credibility determination on any such fac-
tor, including the demeanor, candor, or re-
sponsiveness of the applicant or witness, 
the inherent plausibility of the applicant’s 
or witness’s account, the consistency be-
tween the applicant’s or witness’s written 
and oral statements (whenever made and 
whether or not made under oath), the in-
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ternal consistency of each such statement, 
the consistency of such statements with 
other evidence of record (including the re-
ports of the Department of State on coun-
try conditions), and any inaccuracies or 
falsehoods in such statements, without re-
gard to whether an inconsistency, inaccu-
racy, or falsehood goes to the heart of the 
applicant’s claim. There is no presumption 
of credibility.’’. 
(b) WITHHOLDING OF REMOVAL.—Section 241(b)(3) 
of the Immigration and Nationality Act (8 U.S.C. 
1231(b)(3)) is amended by adding at the end the fol-
lowing: 
‘‘(C) SUSTAINING
BURDEN
OF
PROOF; 
CREDIBILITY
DETERMINATIONS.—In 
deter-
mining whether an alien has demonstrated that 
the alien’s life or freedom would be threatened 
for a reason described in subparagraph (A), the 
trier of fact shall determine whether the alien 
has sustained the alien’s burden of proof, and 
shall make credibility determinations, in the 
manner described in clauses (ii) and (iii) of sec-
tion 208(b)(1)(B).’’.
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(c) OTHER REQUESTS
FOR RELIEF FROM RE-
MOVAL.—Section 240(c) of the Immigration and Nation-
ality Act (8 U.S.C. 1230(c)) is amended—
(1) by redesignating paragraphs (4), (5), and 
(6) as paragraphs (5), (6), and (7), respectively; and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) APPLICATIONS
FOR
RELIEF
FROM
RE-
MOVAL.—
‘‘(A) IN GENERAL.—An alien applying for 
relief or protection from removal has the bur-
den 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 discre-
tion, that the alien merits a favorable exer-
cise of discretion. 
‘‘(B) SUSTAINING
BURDEN.—The appli-
cant must comply with the applicable require-
ments to submit information or documentation 
in support of the applicant’s application for re-
lief or protection as provided by law or by regu-
lation or in the instructions for the application 
form. In evaluating the testimony of the appli-
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cant or other witness in support of the applica-
tion, the immigration judge will determine 
whether or not the testimony is credible, is per-
suasive, 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 testi-
mony along with other evidence of record. 
Where the immigration judge determines in the 
judge’s discretion that the applicant should pro-
vide evidence which corroborates otherwise cred-
ible testimony, such evidence must be provided 
unless the applicant demonstrates that the ap-
plicant does not have the evidence and cannot 
reasonably obtain the evidence without depart-
ing from the United States. The inability to ob-
tain corroborating evidence does not excuse the 
applicant from meeting the burden of proof. 
‘‘(C) CREDIBILITY DETERMINATION.—The 
immigration judge should consider all relevant 
factors and may, in the judge’s discretion, base 
the judge’s credibility determination on any 
such factor, including the demeanor, candor, or 
responsiveness of the applicant or witness, the
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inherent plausibility of the applicant’s or 
witness’s account, the consistency between the 
applicant’s or witness’s written and oral state-
ments (whenever made and whether or not 
made under oath), the internal consistency of 
each such statement, the consistency of such 
statements with other evidence of record (in-
cluding the reports of the Department of State 
on country conditions), and any inaccuracies or 
falsehoods in such statements, without regard 
to whether an inconsistency, inaccuracy, or 
falsehood goes to the heart of the applicant’s 
claim. There is no presumption of credibility.’’. 
(d) STANDARD OF REVIEW FOR ORDERS OF RE-
MOVAL.—Section 242(b)(4) of the Immigration and Na-
tionality Act (8 U.S.C. 1252(b)(4)) is amended by adding 
at the end, after subparagraph (D), the following: ‘‘No 
court shall reverse a determination made by a trier of fact 
with respect to the availability of corroborating evidence, 
as described in section 208(b)(1)(B), 240(c)(4)(B), or 
241(b)(3)(C), unless the court finds that a reasonable 
trier of fact is compelled to conclude that such corrobo-
rating evidence is unavailable.’’.
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(e) 
CLARIFICATION
OF
DISCRETION.—Section 
242(a)(2)(B) of the Immigration and Nationality Act (8 
U.S.C. 1252(a)(2)(B)) is amended—
(1) by inserting ‘‘or the Secretary of Homeland 
Security’’ after ‘‘Attorney General’’ each place such 
term appears; and 
(2) in the matter preceding clause (i), by insert-
ing ‘‘and regardless of whether the judgment, deci-
sion, or action is made in removal proceedings,’’ 
after ‘‘other provision of law,’’. 
(f) REMOVAL OF CAPS.—Section 209 of the Immigra-
tion and Nationality Act (8 U.S.C. 1159) is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘Service’’ and inserting 
‘‘Department of Homeland Security’’; and 
(B) by striking ‘‘Attorney General’’ each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security or the Attorney 
General’’; 
(2) in subsection (b)—
(A) by striking ‘‘Not more’’ and all that 
follows through ‘‘asylum who—’’ and inserting 
‘‘The Secretary of Homeland Security or the 
Attorney General, in the Secretary’s or the At-
torney General’s discretion and under such reg-
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ulations as the Secretary or the Attorney Gen-
eral may prescribe, may adjust to the status of 
an alien lawfully admitted for permanent resi-
dence the status of any alien granted asylum 
who—’’; and 
(B) in the matter following paragraph (5), 
by striking ‘‘Attorney General’’ and inserting 
‘‘Secretary of Homeland Security or the Attor-
ney General’’; and 
(3) in subsection (c), by striking ‘‘Attorney 
General’’ and inserting ‘‘Secretary of Homeland Se-
curity or the Attorney General’’. 
(g) EFFECTIVE DATES.—
(1) The amendments made by paragraphs (1) 
and (2) of subsection (a) shall take effect as if en-
acted on March 1, 2003. 
(2) The amendments made by subsections 
(a)(3), (b), and (c) shall take effect on the date of 
the enactment of this division and shall apply to ap-
plications for asylum, withholding, or other removal 
made on or after such date. 
(3) The amendment made by subsection (d) 
shall take effect on the date of the enactment of this 
division and shall apply to all cases in which the
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final administrative removal order is or was issued 
before, on, or after such date. 
(4) The amendments made by subsection (e) 
shall take effect on the date of the enactment of this 
division and shall apply to all cases pending before 
any court on or after such date. 
(5) The amendments made by subsection (f) 
shall take effect on the date of the enactment of this 
division. 
(h) REPEAL.—Section 5403 of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (Public Law 
108–458) is repealed. 
SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVE-
MENT OF BARRIERS AT BORDERS. 
Section 102(c) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 
note) is amended to read as follows: 
‘‘(c) WAIVER.—
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary of Homeland Security 
shall have the authority to waive, and shall waive, all 
laws such Secretary, in such Secretary’s sole discre-
tion, determines necessary to ensure expeditious con-
struction of the barriers and roads under this sec-
tion.