S.Amdt. 438Senate109th Congress (2005-2007)
To make a technical correction to cite the proper section intended to repeal the Department of Labor's transfer authority.
Sponsored by 
Sen. Arlen Specter (R-PA)
Sen. Arlen Specter (R-PA)Submitted April 14, 2005
Text
Submitted
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
TEXT OF AMENDMENTS
SA 412. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill H.R. 1268, making emergency supplemental
appropriations for the fiscal year ending September 30, 2005, to
establish and rapidly implement regulations for State driver's license
and identification document security standards, to prevent terrorists
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious
construction of the San Diego border fence, and for other purposes;
which was ordered to lie on the table; as follows:
On page 231, between lines 3 and 4, and insert the
following:
sense of congress on a study of the role of natural barriers
(a) Congress makes the following findings:
(1) The tsunami that struck in the Indian Ocean on December
26, 2004 not only killed approximately 250,000 people, it
also obliterated the natural coastal barriers in the region
affected by the tsunami.
(2) More than 3,000 miles of coastline were affected by the
tsunami, a distance that is equal to the distance of the
United States shoreline from Galveston, Texas to Bangor,
Maine.
(3) The United Nations Environmental Program estimates that
the damage to the environment could total $675,000,000 in
loss of natural habitats and important ecosystem function.
(4) Without the barriers that act as nature's own line of
defense against flooding, storm surge, hurricanes, and even
tsunamis, human lives are at greater risk.
(5) Restoring the reefs, barrier islands, and shorelines of
these areas will help in long-term disaster risk reduction.
(6) While the Atlantic and Gulf of Mexico coasts are at
some risk for a tsunami, the major threat each year comes
from hurricanes. In 2004, multiple hurricanes in rapid
succession decimated the people and natural barriers of
Florida, the southeast Atlantic seaboard, and most of the
Gulf south. These annual extremes of mother nature make
critical the need to reinvest in the natural barriers of the
United States.
(b) It is the sense of Congress that the head of the United
States Geological Survey should study the role of natural
barriers in the coastal areas of the United States to assess
the vulnerabilities of such areas to extreme conditions, the
possible effects such conditions could have on coastal
populations, and the means, mechanisms, and feasibility of
restoring already deteriorated natural barriers along the
coast lines of the United States.
______
SA 413. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill H.R. 1268, making emergency supplemental
appropriations for the fiscal year ending September 30,
[[Page S3692]]
2005, to establish and rapidly implement regulations for State driver's
license and identification document security standards, to prevent
terrorists from abusing the asylum laws of the United States, to unify
terrorism-related grounds for inadmissibility and removal, to ensure
expeditious construction of the San Diego border fence, and for other
purposes; which was ordered to lie on the table; as follows:
On page 231, between lines 3 and 4, and insert the
following:
sense of congress on a comprehensive evacuation plan
(a) Congress makes the following findings:
(1) In the United States, 122,000,000 people, approximately
53 percent of the population, live in coastal countries or
parishes.
(2) In the annual occurrence of massive and deadly
hurricanes that affect coastal areas in the United States,
the lack of adequate highways, planning, and communication
sends many people scrambling into grid-locked traffic jams
where they are vulnerable to injury and unable to evacuate to
safe areas in a reasonable amount of time.
(3) Federal interstate and other highways may be used in an
efficient and safe manner to quickly evacuate large
populations to safer areas in the event of natural disasters
that occur and affect low-lying coastal communities.
(b) It is the sense of Congress that the head of the
Federal Highway Administration should develop a comprehensive
plan for evacuation of the coastal areas of the United States
during any of the variety of natural disasters that affect
coastal populations. The plan should include plans for
evacuation in the event of a hurricane, flash flooding,
tsunami, or other natural or man-made disaster that require
mass evacuation.
______
SA 414. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill H.R. 1268, making emergency supplemental
appropriations for the fiscal year ending September 30, 2005, to
establish and rapidly implement regulations for State driver's license
and identification document security standards, to prevent terrorists
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious
construction of the San Diego border fence, and for other purposes;
which was ordered to lie on the table; as follows:
On page 194, line 13, after ``tsunami:'' insert ``Provided
further, That of the funds appropriated under this heading,
not less than $25,000,000 should be made available to support
initiatives that focus on the immediate and long-term needs
of children, including the registration of unaccompanied
children, the reunification of children with their immediate
or extended families, the facilitation and promotion of
domestic and international adoption for orphaned children,
the protection of women and children from violence and
exploitation, and activities designed to prevent the capture
of children by armed forces and promote the integration of
war affected youth:''.
______
SA 415. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill H.R. 1268, making emergency supplemental
appropriations for the fiscal year ending September 30, 2005, to
establish and rapidly implement regulations for State driver's license
and identification document security standards, to prevent terrorists
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious
construction of the San Diego border fence, and for other purposes;
which was ordered to lie on the table; as follows:
On page 174, line 2, after ``programs:'' insert ``Provided
further, That of the funds appropriated under this heading,
not less than $5,000,000 should be made available to support
initiatives that focus on the immediate and long-term needs
of children, including the registration of unaccompanied
children, the reunification of children with their immediate
or extended families, the promotion of domestic and
international adoption for orphaned children, the protection
of women and children from violence and exploitation, and
activities designed to prevent the capture of children by
armed forces and the reintegration of war affected youth:''.
______
SA 416. Mr. FEINGOLD submitted an amendment intended to be proposed
by him to the bill H.R. 1268, making emergency supplemental
appropriations for the fiscal year ending September 30, 2005, to
establish and rapidly implement regulations for State driver's license
and identification document security standards, to prevent terrorists
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious
construction of the San Diego border fence, and for other purposes;
which was ordered to lie on the table; as follows:
On page 169, between lines 8 and 9, insert the following:
travel and transportation for family of members of the armed forces
hospitalized in united states in connection with non-serious illnesses
or injuries incurred or aggravated in a contingency operation
Sec. 1122. (a) Authority.--Subsection (a) of section 411h
of title 37, United States Code, is amended--
(1) in paragraph (2)--
(A) by inserting ``and'' at the end of subparagraph (A);
and
(B) by striking subparagraphs (B) and (C) and inserting the
following new subparagraph:
``(B) either--
``(i) is seriously ill, seriously injured, or in a
situation of imminent death (whether or not electrical brain
activity still exists or brain death is declared), and is
hospitalized in a medical facility in or outside the United
States; or
``(ii) is not described in clause (i), but has an illness
or injury incurred or aggravated in a contingency operation
and is hospitalized in a medical facility in the United
States for treatment of that condition.''; and
(2) by adding at the end the following new paragraph:
``(3) Not more than one roundtrip may be provided to a
family member under paragraph (1) on the basis of clause (ii)
of paragraph (2)(B).''.
(b) Conforming Amendments.--
(1) Heading for amended section.--The heading for section
411h of such title is amended to read as follows:
``Sec. 411h. Travel and transportation allowances:
transportation of family members incident to illness or
injury of members''.
(2) Clerical amendment.--The item relating to such section
in the table of sections at the beginning of chapter 7 of
such title is amended to read as follows:
``411h. Travel and transportation allowances: transportation of family
members incident to illness or injury of members.''.
(c) Funding.--Funds for the provision of transportation in
fiscal year 2005 under section 411h of title 37, United
States Code, by reason of the amendments made by this section
shall be derived as follows:
(1) In the case of transportation provided by the
Department of the Army, from amounts appropriated for fiscal
year 2005 by this Act and the Department of Defense
Appropriations Act, 2005 (Public Law 108-287) for the
Military Personnel, Army account.
(2) In the case of transportation provided by the
Department of the Navy, from amounts appropriated for fiscal
year 2005 by the Acts referred to in paragraph (1) for the
Operation and Maintenance, Navy account.
(3) In the case of transportation provided by the
Department of the Air Force, from amounts appropriated for
fiscal year 2005 by the Acts referred to in paragraph (1) for
the Operation and Maintenance, Air Force account.
(d) Report on Transportation in Excess of Certain Limit.--
If in any fiscal year the amount of transportation provided
in such fiscal year under section 411h of title 37, United
States Code, by reason of the amendments made by this section
exceeds $20,000,000, the Secretary of Defense shall submit to
the congressional defense committees a report on that fact,
including the total amount of transportation provided in such
fiscal year under such section 411h by reason of the
amendments made by this section.
______
SA 417. Mr. GRASSLEY (for himself, Mr. Baucus, and Mr. Bingaman)
submitted an amendment intended to be proposed by him to the bill H.R.
1268, making emergency supplemental appropriations for the fiscal year
ending September 30, 2005, to establish and rapidly implement
regulations for State driver's license and identification document
security standards, to prevent terrorists from abusing the asylum laws
of the United States, to unify terrorism-related grounds for
inadmissibility and removal, to ensure expeditious construction of the
San Diego border fence, and for other purposes; which was ordered to
lie on the table; as follows:
On page 200, between lines 13 and 14, insert the following:
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
For an additional amount for necessary expenses of the
Office of the United States Trade Representative, $2,000,000,
to remain available until expended: Provided, That the entire
amount is designated as an emergency requirement pursuant to
section 402 of the conference report to accompany S. Con.
Res. 95 (108th Congress).
______
SA 418. Mr. CHAMBLISS (for himself, Mr. Isakson, Mr. Pryor, Mr.
Inhofe, Mr. Lugar, Mrs. Dole, Mrs. Lincoln, Mr. Bayh, Mr. Reed, Mr.
Chafee, Mr.
[[Page S3693]]
Byrd, Mr. Burr, Mr. Lott, and Mr. Martinez) submitted an amendment
intended to be proposed by him to the bill H.R. 1268, making emergency
supplemental appropriations for the fiscal year ending September 30,
2005, to establish and rapidly implement regulations for State driver's
license and identification document security standards, to prevent
terrorists from abusing the asylum laws of the United States, to unify
terrorism-related grounds for inadmissibility and removal, to ensure
expeditious construction of the San Diego border fence, and for other
purposes; which was ordered to lie on the table; as follows:
On page 169, between lines 8 and 9, insert the following:
prohibition on termination of existing joint-service multiyear
procurement contract for C/KC-130J aircraft
Sec. 1122. No funds appropriated or otherwise made
available by this Act, or any other Act, may be obligated or
expended to terminate the joint service multiyear procurement
contract for C/KC-130J aircraft that is in effect on the date
of the enactment of this Act.
______
SA 419. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill H.R. 1268, making emergency supplemental
appropriations for the fiscal year ending September 30, 2005, to
establish and rapidly implement regulations for State driver's license
and identification document security standards, to prevent terrorists
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious
construction of the San Diego border fence, and for other purposes;
which was ordered to lie on the table; as follows:
On page 231, between lines 3 and 4, and insert the
following:
sense of congress on orphans
(a) Congress makes the following findings:
(1) It is estimated that, by the end of 2003, there were
143,000,000 orphans under the age of 18 years in 93 countries
in sub-Sahara Africa, Asia, Latin American, and the
Caribbean.
(2) Millions of children have been orphaned or made
vulnerable by HIV/AIDS. The region most affected by HIV/AIDS
is sub-Sahara Africa, where an estimated 12,300,000 millions
orphans of HIV/AIDS live.
(3) To survive and thrive, children need to be raised in a
family that is prepared to provide for their physical and
emotional well being.
(4) The institutionalization of a child, especially during
the first few years of life, has been proven to inhibit the
physical and emotional development of the child.
(5) Large numbers of orphans present dire challenges to the
economic and social structures of affected countries, and
such countries that ignore such challenges at their peril.
(b) It is the sense of Congress that--
(1) the United States Agency for International Development
should develop and fund a comprehensive, long-term agenda for
reducing the number of orphans;
(2) the strategy under paragraph (1) should include
policies and programs designed to prevent abandonment, reduce
the transmission of HIV/AIDS to parents and their children,
and connect orphaned children with permanent families through
adoption; and
(3) humanitarian assistance programs funded with amounts
appropriated in this Act should be required to promote the
permanent placement of orphaned children, rather than long-
term foster care or institutionalization, as the best means
of caring for such children.
______
SA 420. Mr. BURNS submitted an amendment intended to be proposed by
him to the bill H.R. 1268, making emergency supplemental appropriations
for the fiscal year ending September 30, 2005, to establish and rapidly
implement regulations for State driver's license and identification
document security standards, to prevent terrorists from abusing the
asylum laws of the United States, to unify terrorism-related grounds
for inadmissibility and removal, to ensure expeditious construction of
the San Diego border fence, and for other purposes; which was ordered
to lie on the table; as follows:
On page 231, between lines 3 and 4, insert the following:
Sec. 6047.(a) In this section:
(1) The term ``Administrator'' means the Administrator of
General Services.
(2) The term ``Federal land'' means the approximately
508,582.70 square feet of land on the easternmost lot
depicted on the plat entitled ``Plat of Computation on a
Tract of Land `Taxed as Square 2055''', recorded in the
Office of the Surveyor of the District of Columbia on page 81
of Survey Book 199, which is also taxed as part of Lot 800 in
Square 2055.
(3) The term ``Fund'' means the State Department trust fund
established under subsection (c)(4)(A).
(4) The term ``lease'' means the lease between the United
States and the International Telecommunications Satellite
Organization, dated June 8, 1982.
(5) The term ``Parks land'' means the parcels of land
designated in the lease as Park I and Park II.
(6) The term ``Secretary'' means the Secretary of State.
(7) The term ``successor entity'' means the successor
entity of the International Telecommunications Satellite
Organization or an assignee of the successor entity.
(b) Notwithstanding Public Law 90-553 (82 Stat. 958), on
request of the successor entity, the Secretary, in
coordination with the Administrator, shall convey to the
successor entity, by quitclaim deed, all right, title, and
interest of the United States in and to--
(1) the Federal land; and
(2) the Parks land.
(c)(1) The amount of consideration for the conveyance of
Federal land under subsection (b)(1) shall be determined in
accordance with Article 10-1 of the lease.
(2) The amount of consideration for the conveyance of the
Parks land under subsection (b)(2) shall be--
(A) determined in accordance with the terms of the lease;
or
(B) in an amount agreed to by the Secretary and the
successor entity.
(3) On the conveyance of the Federal land and the Parks
land under subsection (b), the successor entity shall pay to
the United States the full amount of consideration (as
determined under paragraph (1) or (2)).
(4)(A) Amounts received by the United States as
consideration under paragraph (3) shall be deposited in a
State Department trust fund, to be established within the
Treasury.
(B) Amounts deposited in the Fund under subparagraph (A)--
(i) shall be used by the Secretary, in coordination with
the Administrator, for the costs of surveys, plans, expert
assistance, and acquisition relating to the development of
additional areas within the National Capital Region for
chancery and diplomatic purposes;
(ii) may be used to pay the administrative expenses of the
Secretary and the Administrator in carrying out this section;
(iii) may be invested in public debt obligations; and
(iv) shall remain available until expended.
(d) The conveyance of the Federal land and Parks land under
subsection (b) shall be subject to the terms and conditions
described in this section and any other terms and conditions
agreed to by the Secretary and the successor entity, which
shall be included in the quitclaim deed referred to in
subsection (b).
(e)(1) The conveyance of the Federal land and Parks land
under subsection (b) shall be subject to restrictions on the
use, development, or occupancy of the Federal land and Parks
land (including restrictions on leasing and subleasing) that
provide that the Secretary may prohibit any use, development,
occupancy, lease, or sublease that the Secretary determines
could--
(A) impair the safety or security of the International
Center;
(B) impair the continued operation of the International
Center; and
(C) be contrary to the character of commercially acceptable
occupants or uses in the surrounding area.
(2) A determination under paragraph (1) that is based on
safety or security considerations shall--
(A) only be made by the Secretary; and
(B) be final and conclusive as a matter of law.
(3) A determination under paragraph (1) that is based on
damage to the continued operation of the International Center
or incompatibility with the character of commercially
acceptable occupants or uses in the surrounding area shall be
subject to judicial review.
(4) If the successor entity fails to submit any use,
development, or occupancy of the Federal land or Parks land
to the Secretary for prior approval or violates any
restriction imposed by the Secretary, the Secretary may--
(A) bring a civil action in any appropriate district court
of the United States to enjoin the use, development, or
occupancy; and
(B) obtain any appropriate legal or equitable remedies to
require full and immediate compliance with the covenant.
(5) Any transfer (including a sale, lease, or sublease) of
any interest in the Federal land or Parks land in violation
of the restrictions included in the quitclaim deed or
otherwise imposed by the Secretary shall be null and void.
(f) On conveyance to the successor entity, the Federal land
and Parks land shall not be subject to Public Law 90-553 (82
Stat. 958) or the lease.
(g) The authority of the Secretary under this section shall
not be subject to--
(1) sections 521 through 529 and sections 541 through 559
of title 40, United States Code;
(2) any other provision of Federal law that is inconsistent
with this section; or
(3) any other provision of Federal law relating to
environmental protection or historic preservation.
(h) The Federal land and Parks land shall not be considered
to be unutilized or underutilized for purposes of section 501
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11411).
[[Page S3694]]
______
SA 421. Mr. KENNEDY (for himself and Mr. Kohl) submitted an amendment
intended to be proposed by him to the bill H.R. 1268, making emergency
supplemental appropriations for the fiscal year ending September 30,
2005, to establish and rapidly implement regulations for State driver's
license and identification document security standards, to prevent
terrorists from abusing the asylum laws of the United States, to unify
terrorism-related grounds for inadmissibility and removal, to ensure
expeditious construction of the San Diego border fence, and for other
purposes; which was ordered to lie on the table; as follows:
On page 169, between lines 8 and 9, insert the following:
permanent magnet motor for next generation destroyer program
Sec. 1122. (a) Additional Amount for Research, Development,
Test, and Evaluation, Navy.--The amount appropriated by this
chapter under the heading ``Research, Development, Test, and
Evaluation, Navy'' is hereby increased by $15,000,000, with
the amount of such increase designated as an emergency
requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
(b) Availability of Funds.--Of the amount appropriated or
otherwise made available by this Act under the heading
``Research, Development, Test, and Evaluation, Navy'', as
increased by subsection (a), $15,000,000 shall be available
for continued development and testing of the Permanent Magnet
Motor for the next generation destroyer (DD(X)) program.
______
SA 422. Mr. COCHRAN (for Mr. Leahy (for himself and Mr. Obama))
proposed an amendment to the bill H.R. 1268, making emergency
supplemental appropriations for the fiscal year ending September 30,
2005, to establish and rapidly implement regulations for State driver's
license and identification document security standards, to prevent
terrorist from abusing the asylum laws of the United States, to unify
terrorism-related grounds for inadmissibility and removal, to ensure
expeditious construction of the San Diego border fence, and for other
purposes; as follows:
On page 194, line 14, delete ``should'' and insert in lieu
thereof ``shall''.
On page 194, line 16, delete ``Avian flu'' and insert in
lieu thereof ``avian influenza virus, to be administered by
the United States Agency for International Development''.
______
SA 423. Mr. COCHRAN (for Mr. Leahy) proposed an amendment to the bill
H.R. 1268, making emergency supplemental appropriations for the fiscal
year ending September 30, 2005, to establish and rapidly implement
regulations for State driver's license and identification document
security standards, to prevent terrorists from abusing the asylum laws
of the United States, to unify terrorism-related grounds for
inadmissibility and removal, to ensure expeditious construction of the
San Diego border fence, and for other purposes; as follows:
=========================== NOTE ===========================
On page S3694, April 14, 2005, under ``TEXT OF AMENDMENTS'', the
following appeared: SA 428. Mr. COCHRAN (for Mr. Leahy).
The online version has been corrected to read: SA 423. Mr.
COCHRAN (for Mr. Leahy).
========================= END NOTE =========================
On page 183, after line 23, insert the following new
general provision:
Sec. . The amounts set forth in the eighth proviso in the
Diplomatic and Consular Programs appropriation in the FY 2005
Department of Commerce, Justice, State, the Judiciary, and
Related Agencies Appropriations Act (P.L. 108-447, Div. B)
may be subject to reprogramming pursuant to section 605 of
that Act.
______
SA 424. Mr. COCHRAN proposed an amendment to the bill H.R. 1268,
making emergency supplemental appropriations for the fiscal year ending
September 30, 2005, to establish and rapidly implement regulations for
State driver's license and identification document security standards,
to prevent terrorists from abusing the asylum laws of the United
States, to unify terrorism-related grounds for inadmissibility and
removal, to ensure expeditious construction of the San Diego border
fence, and for other purposes; as follows:
On page 219 of the bill, line 16, strike ``or'' and insert
``and'';
On page 219 of the bill, line 17, after ``and'' insert
``seismic-related''.
______
SA 425. Mr. BENNETT submitted an amendment intended to be proposed by
him to the bill H.R. 1268, making emergency supplemental appropriations
for the fiscal year ending September 30, 2005, to establish and rapidly
implement regulations for State driver's license and identification
document security standards, to prevent terrorists from abusing the
asylum laws of the United States, to unify terrorism-related grounds
for inadmissibility and removal, to ensure expeditious construction of
the San Diego border fence, and for other purposes; which was ordered
to lie on the table; as follows:
On page 194, line 13, after ``tsunami:'' insert ``Provided
further, That of the funds appropriated under this heading,
not less that $20,000,000 shall be made available for
microcredit programs in countries affected by the tsunami, to
be administered by the United States Agency for International
Development:''.
______
SA 426. Mr. SANTORUM (for himself and Ms. Mikulski) submitted an
amendment intended to be proposed by him to the bill H.R. 1268, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2005, to establish and rapidly implement regulations for
State driver's license and identification document security standards,
to prevent terrorists from abusing the asylum laws of the United
States, to unify terrorism-related grounds for inadmissibility and
removal, to ensure expeditious construction of the San Diego border
fence, and for other purposes; which was ordered to lie on the table;
as follows:
On page 231, between lines 3 and 4, insert the following:
visa waiver country
Sec. 6047. (a) Congress makes the following findings:
(1) Since the founding of the United States, Poland has
proven its steadfast dedication to the causes of freedom and
friendship with the United States, exemplified by the brave
actions of Polish patriots such as Casimir Pulaski and
Tadeusz Kosciuszko during the American Revolution.
(2) Polish history provides pioneering examples of
constitutional democracy and religious tolerance.
(3) The United States is home to nearly 9,000,000 people of
Polish ancestry.
(4) Polish immigrants have contributed greatly to the
success of industry and agriculture in the United States.
(5) Since the demise of communism, Poland has become a
stable, democratic nation.
(6) Poland has adopted economic policies that promote free
markets and rapid economic growth.
(7) On March 12, 1999, Poland demonstrated its commitment
to global security by becoming a member of the North Atlantic
Treaty Organization.
(8) On May 1, 2004, Poland became a member state of the
European Union.
(9) Poland was a staunch ally to the United States during
Operation Iraqi Freedom.
(10) Poland has committed 2,300 soldiers to help with
ongoing peacekeeping efforts in Iraq.
(11) The Secretary of Homeland Security and Secretary of
State administer the visa waiver program, which allows
citizens from 27 countries, including France and Germany, to
visit the United States as tourists without visas.
(12) On April 15, 1991, Poland unilaterally repealed the
visa requirement for United States citizens traveling to
Poland for 90 days or less.
(13) More than 100,000 Polish citizens visit the United
States each year.
(b) Effective on the date of the enactment of this Act, and
notwithstanding section 217(c) of the Immigration and
Nationality Act (8 U.S.C. 1187(c)), Poland shall be deemed a
designated program country for purposes of the visa waiver
program established under section 217 of such Act.
______
SA 427. Mr. DURBIN (for himself, Mr. Levin, Mr. Kennedy, Mr. Byrd,
Mr. Leahy, Mr. Feingold, Mr. Lautenberg, and Mr. Bingaman) proposed an
amendment to the bill H.R. 1268, making emergency supplemental
appropriations for the fiscal year ending September 30, 2005, to
establish and rapidly implement regulations for State driver's license
and identification document security standards, to prevent terrorists
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious
construction of the San Diego border fence, and for other purposes;
which was ordered to lie on the table; as follows:
On page 169, between lines 8 and 9, insert the following:
reports on iraqi security forces
Sec. 1122. Not later than 60 days after the date of
enactment of this Act, and every 90 days thereafter, the
President shall submit an unclassified report to Congress,
which may include a classified annex, that includes a
description of the following:
(1) The extent to which funding appropriated by this Act
will be used to train and equip capable and effectively led
Iraqi security services and promote stability and security in
Iraq.
(2) The estimated strength of the Iraqi insurgency and the
extent to which it is composed of non-Iraqi fighters, and any
changes over the previous 90-day period.
[[Page S3695]]
(3) A description of all militias operating in Iraq,
including their number, size, strength, military
effectiveness, leadership, sources of external support,
sources of internal support, estimated types and numbers of
equipment and armaments in their possession, legal status,
and the status of efforts to disarm, demobilize, and
reintegrate each militia.
(4) The extent to which recruiting, training, and equipping
goals and standards for Iraqi security forces are being met,
including the number of Iraqis recruited and trained for the
army, air force, navy, and other Ministry of Defense forces,
police, and highway patrol of Iraq, and all other Ministry of
Interior forces, and the extent to which personal and unit
equipment requirements have been met.
(5) A description of the criteria for assessing the
capabilities and readiness of Iraqi security forces.
(6) An evaluation of the operational readiness status of
Iraqi military forces and special police, including the type,
number, size, unit designation and organizational structure
of Iraqi battalions that are--
(A) capable of conducting counterinsurgency operations
independently;
(B) capable of conducting counterinsurgency operations with
United States or Coalition mentors and enablers; or
(C) not ready to conduct counterinsurgency operations.
(7) The extent to which funding appropriated by this Act
will be used to train capable, well-equipped, and effectively
led Iraqi police forces, and an evaluation of Iraqi police
forces, including--
(A) the number of police recruits that have received
classroom instruction and the duration of such instruction;
(B) the number of veteran police officers who have received
classroom instruction and the duration of such instruction;
(C) the number of Iraqi police forces who have received
field training by international police trainers and the
duration of such instruction;
(D) a description of the field training program, including
the number, the planned number, and nationality of
international field trainers;
(E) the number of police present for duty;
(F) data related to attrition rates; and
(G) a description of the training that Iraqi police have
received regarding human rights and the rule of law.
(8) The estimated total number of Iraqi battalions needed
for the Iraqi security forces to perform duties now being
undertaken by the Coalition Forces, including defending
Iraq's borders, defeating the insurgency, and providing law
and order.
(9) The extent to which funding appropriated by this Act
will be used to train Iraqi security forces in
counterinsurgency operations and the estimated total number
of Iraqi security force personnel expected to be trained,
equipped, and capable of participating in counterinsurgency
operations by the end of 2005 and of 2006.
(10) The estimated total number of adequately trained,
equipped, and led Iraqi battalions expected to be capable of
conducting counterinsurgency operations independently and the
estimated total number expected to be capable of conducting
counterinsurgency operations with United States or Coalition
mentors and enablers by the end of 2005 and of 2006.
(11) An assessment of the effectiveness of the chain of
command of the Iraqi military.
(12) The number and nationality of Coalition mentors and
advisers working with Iraqi security forces as of the date of
the report, plans for decreasing or increasing the number of
such mentors and advisers, and a description of their
activities.
(13) A list of countries of the North Atlantic Treaty
Organisation (``NATO'') participating in the NATO mission for
training of Iraqi security forces and the number of troops
from each country dedicated to the mission.
(14) A list of countries participating in training Iraqi
security forces outside the NATO training mission and the
number of troops from each country dedicated to the mission.
(15) For any country, which made an offer to provide forces
for training that has not been accepted, an explanation of
the reasons why the offer was not accepted.
(16) A list of foreign countries that have withdrawn troops
from the Multinational Security Coalition in Iraq during the
previous 90 days and the number of troops withdrawn.
(17) A list of foreign countries that have added troops to
the Coalition in Iraq during the previous 90 days and the
number of troops added.
(18) For offers to provide forces for training that have
been accepted by the Iraqi government, a report on the status
of such training efforts, including the number of troops
involved by country and the number of Iraqi security forces
trained.
(19) An assessment of the progress of the National Assembly
of Iraq in drafting and ratifying the permanent constitution
of Iraq, and the performance of the new Iraqi Government in
its protection of the rights of minorities and individual
human rights, and its adherence to common democratic
practices.
(20) The estimated number of United States military forces
who will be needed in Iraq 6, 12, and 18 months from the date
of the report.
______
SA 428. Mr. FEINGOLD submitted an amendment intended to be proposed
by him to the bill H.R. 1268, Making emergency supplemental
appropriations for the fiscal year ending September 30, 2005, to
establish and rapidly implement regulations for State driver's license
and identification document security standards, to prevent terrorists
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious
construction of the San Diego border fence, and for other purposes;
which was ordered to lie on the table; as follows:
On page 169, between lines 8 and 9, insert the following:
Office of the Special Inspector General for Iraq Reconstruction
(including rescissions of funds)
Sec. 1122. (a) Subsection (o) of section 3001 of the
Emergency Supplemental Appropriations Act for Defense and for
the Reconstruction of Iraq and Afghanistan, 2004 (Public Law
108-106; 117 Stat. 1234; 5 U.S.C. App. 3 section 8G note), as
amended by section 1203(j) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law
108-375; 118 Stat. 2081) is amended by striking ``obligated''
and inserting ``expended''.
(b) Of the amount appropriated in chapter 2 of title II of
the Emergency Supplemental Appropriations Act for Defense and
for the Reconstruction of Iraq and Afghanistan, 2004 (Public
Law 108-106; 117 Stat. 1224) under the heading ``OTHER
BILATERAL ECONOMIC ASSISTANCE'' and under the subheading
``iraq relief and reconstruction fund'', $50,000,000 is
hereby rescinded.
(c) There is appropriated $50,000,000 to carry out section
3001 of the Emergency Supplemental Appropriations Act for
Defense and for the Reconstruction of Iraq and Afghanistan,
2004 (Public Law 108-106; 117 Stat. 1234). Such amount shall
be in addition to any other amount available for such purpose
and available until the date of the termination of the Office
of the Special Inspector General for Iraq Reconstruction.
______
SA 429. Mr. ISAKSON submitted an amendment intended to be proposed by
him to the bill H.R. 1268, making emergency supplemental appropriations
for the fiscal year ending September 30, 2005, to establish and rapidly
implement regulations for State driver's license and identification
document security standards, to prevent terrorists from abusing the
asylum laws of the United States, to unify terrorism-related grounds
for inadmissibility and removal, to ensure expeditious construction of
the San Diego border fence, and for other purposes; which was ordered
to lie on the table; as follows:
On page 231, after line 6, insert the following:
TITLE VII--REAL ID ACT OF 2005
SEC. 701. SHORT TITLE.
This title may be cited as the ``REAL ID Act of 2005''.
Subtitle A--Amendments to Federal Laws to Protect Against Terrorist
Entry
SEC. 711. PREVENTING TERRORISTS FROM OBTAINING RELIEF FROM
REMOVAL.
(a) Conditions for Granting Asylum.--Section 208(b)(1) of
the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)) is
amended--
(1) by striking ``The Attorney General'' the first place
such term appears and inserting the following:
``(A) Eligibility.--The Secretary of Homeland Security or
the Attorney General'';
(2) by striking ``the Attorney General'' the second and
third places such term appears and inserting ``the Secretary
of Homeland Security or the Attorney General''; and
(3) by adding at the end the following:
``(B) Burden of proof.--
``(i) In general.--The burden of proof is on the applicant
to establish that the applicant is a refugee, within the
meaning of section 101(a)(42)(A). To establish that the
applicant is a refugee within the meaning of such section,
the applicant must establish that race, religion,
nationality, membership in a particular social group, or
political opinion was or will be a central reason for
persecuting the applicant.
``(ii) Sustaining burden.--The testimony of the applicant
may be sufficient to sustain the applicant's burden without
corroboration, but only if the applicant satisfies the trier
of fact that the applicant's testimony is credible, is
persuasive, and refers to specific facts sufficient to
demonstrate that the applicant is a refugee. In determining
whether the applicant has met the applicant's burden, the
trier of fact may weigh the credible testimony along with
other evidence of record. Where the trier of fact determines,
in the trier of fact's discretion, that the applicant should
provide evidence which corroborates otherwise credible
testimony, such evidence must be provided unless the
applicant does not have the evidence and cannot reasonably
obtain the evidence without departing the United States. The
inability to obtain corroborating evidence does not excuse
the applicant from meeting the applicant's burden of proof.
[[Page S3696]]
``(iii) Credibility determination.--The trier of fact
should consider all relevant factors and may, in the trier of
fact's discretion, base the trier of fact's credibility
determination on any such factor, including the demeanor,
candor, or responsiveness of the applicant or witness, the
inherent plausibility of the applicant's or witness's
account, the consistency between the applicant's or witness's
written and oral statements (whenever made and whether or not
made under oath), the internal consistency of each such
statement, the consistency of such statements with other
evidence of record (including the reports of the Department
of State on country conditions), and any inaccuracies or
falsehoods in such statements, without regard to whether an
inconsistency, inaccuracy, or falsehood goes to the heart of
the applicant's claim. There is no presumption of
credibility.''.
(b) Withholding of Removal.--Section 241(b)(3) of the
Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is
amended by adding at the end the following:
``(C) Sustaining burden of proof; credibility
determinations.--In determining whether an alien has
demonstrated that the alien's life or freedom would be
threatened for a reason described in subparagraph (A), the
trier of fact shall determine whether the alien has sustained
the alien's burden of proof, and shall make credibility
determinations, in the manner described in clauses (ii) and
(iii) of section 208(b)(1)(B).''.
(c) Other Requests for Relief From Removal.--Section 240(c)
of the Immigration and Nationality Act (8 U.S.C. 1230(c)) is
amended--
(1) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Applications for relief from removal.--
``(A) In general.--An alien applying for relief or
protection from removal has the burden of proof to establish
that the alien--
``(i) satisfies the applicable eligibility requirements;
and
``(ii) with respect to any form of relief that is granted
in the exercise of discretion, that the alien merits a
favorable exercise of discretion.
``(B) Sustaining burden.--The applicant must comply with
the applicable requirements to submit information or
documentation in support of the applicant's application for
relief or protection as provided by law or by regulation or
in the instructions for the application form. In evaluating
the testimony of the applicant or other witness in support of
the application, the immigration judge will determine whether
or not the testimony is credible, is persuasive, and refers
to specific facts sufficient to demonstrate that the
applicant has satisfied the applicant's burden of proof. In
determining whether the applicant has met such burden, the
immigration judge shall weigh the credible testimony along
with other evidence of record. Where the immigration judge
determines in the judge's discretion that the applicant
should provide evidence which corroborates otherwise credible
testimony, such evidence must be provided unless the
applicant demonstrates that the applicant does not have the
evidence and cannot reasonably obtain the evidence without
departing from the United States. The inability to obtain
corroborating evidence does not excuse the applicant from
meeting the burden of proof.
``(C) Credibility determination.--The immigration judge
should consider all relevant factors and may, in the judge's
discretion, base the judge's credibility determination on any
such factor, including the demeanor, candor, or
responsiveness of the applicant or witness, the inherent
plausibility of the applicant's or witness's account, the
consistency between the applicant's or witness's written and
oral statements (whenever made and whether or not made under
oath), the internal consistency of each such statement, the
consistency of such statements with other evidence of record
(including the reports of the Department of State on country
conditions), and any inaccuracies or falsehoods in such
statements, without regard to whether an inconsistency,
inaccuracy, or falsehood goes to the heart of the applicant's
claim. There is no presumption of credibility.''.
(d) Standard of Review for Orders of Removal.--Section
242(b)(4) of the Immigration and Nationality Act (8 U.S.C.
1252(b)(4)) is amended by adding at the end, after
subparagraph (D), the following: ``No court shall reverse a
determination made by a trier of fact with respect to the
availability of corroborating evidence, as described in
section 208(b)(1)(B), 240(c)(4)(B), or 241(b)(3)(C), unless
the court finds that a reasonable trier of fact is compelled
to conclude that such corroborating evidence is
unavailable.''.
(e) Clarification of Discretion.--Section 242(a)(2)(B) of
the Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B))
is amended--
(1) by inserting ``or the Secretary of Homeland Security''
after ``Attorney General'' each place such term appears; and
(2) in the matter preceding clause (i), by inserting ``and
regardless of whether the judgment, decision, or action is
made in removal proceedings,'' after ``other provision of
law,''.
(f) Removal of Caps.--Section 209 of the Immigration and
Nationality Act (8 U.S.C. 1159) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Service'' and inserting ``Department of
Homeland Security''; and
(B) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security or the
Attorney General'';
(2) in subsection (b)--
(A) by striking ``Not more'' and all that follows through
``asylum who--'' and inserting ``The Secretary of Homeland
Security or the Attorney General, in the Secretary's or the
Attorney General's discretion and under such regulations as
the Secretary or the Attorney General may prescribe, may
adjust to the status of an alien lawfully admitted for
permanent residence the status of any alien granted asylum
who--''; and
(B) in the matter following paragraph (5), by striking
``Attorney General'' and inserting ``Secretary of Homeland
Security or the Attorney General''; and
(3) in subsection (c), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security or the Attorney
General''.
(g) Effective Dates.--
(1) The amendments made by paragraphs (1) and (2) of
subsection (a) shall take effect as if enacted on March 1,
2003.
(2) The amendments made by subsections (a)(3), (b), and (c)
shall take effect on the date of the enactment of this title
and shall apply to applications for asylum, withholding, or
other removal made on or after such date.
(3) The amendment made by subsection (d) shall take effect
on the date of the enactment of this title and shall apply to
all cases in which the final administrative removal order is
or was issued before, on, or after such date.
(4) The amendments made by subsection (e) shall take effect
on the date of the enactment of this title 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 title.
(h) Repeal.--Section 5403 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) is
repealed.
SEC. 712. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT OF
BARRIERS AT BORDERS.
Section 102(c) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is
amended to read as follows:
``(c) Waiver.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall have the
authority to waive, and shall waive, all laws such Secretary,
in such Secretary's sole discretion, determines necessary to
ensure expeditious construction of the barriers and roads
under this section.
``(2) No judicial review.--Notwithstanding any other
provision of law (statutory or nonstatutory), no court,
administrative agency, or other entity shall have
jurisdiction--
``(A) to hear any cause or claim arising from any action
undertaken, or any decision made, by the Secretary of
Homeland Security pursuant to paragraph (1); or
``(B) to order compensatory, declaratory, injunctive,
equitable, or any other relief for damage alleged to arise
from any such action or decision.''.
SEC. 713. INADMISSIBILITY DUE TO TERRORIST AND TERRORIST-
RELATED ACTIVITIES.
(a) In General.--So much of section 212(a)(3)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i))
as precedes the final sentence is amended to read as follows:
``(i) In general.--Any alien who--
``(I) has engaged in a terrorist activity;
``(II) a consular officer, the Attorney General, or the
Secretary of Homeland Security knows, or has reasonable
ground to believe, is engaged in or is likely to engage after
entry in any terrorist activity (as defined in clause (iv));
``(III) has, under circumstances indicating an intention to
cause death or serious bodily harm, incited terrorist
activity;
``(IV) is a representative (as defined in clause (v)) of--
``(aa) a terrorist organization (as defined in clause
(vi)); or
``(bb) a political, social, or other group that endorses or
espouses terrorist activity;
``(V) is a member of a terrorist organization described in
subclause (I) or (II) of clause (vi);
``(VI) is a member of a terrorist organization described in
clause (vi)(III), unless the alien can demonstrate by clear
and convincing evidence that the alien did not know, and
should not reasonably have known, that the organization was a
terrorist organization;
``(VII) endorses or espouses terrorist activity or
persuades others to endorse or espouse terrorist activity or
support a terrorist organization;
``(VIII) has received military-type training (as defined in
section 2339D(c)(1) of title 18, United States Code) from or
on behalf of any organization that, at the time the training
was received, was a terrorist organization (as defined in
clause (vi)); or
``(IX) is the spouse or child of an alien who is
inadmissible under this subparagraph, if the activity causing
the alien to be found inadmissible occurred within the last 5
years, is inadmissible.''.
(b) Engage in Terrorist Activity Defined.--Section
212(a)(3)(B)(iv) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(iv)) is amended to read as follows:
[[Page S3697]]
``(iv) Engage in terrorist activity defined.--As used in
this Act, the term `engage in terrorist activity' means, in
an individual capacity or as a member of an organization--
``(I) to commit or to incite to commit, under circumstances
indicating an intention to cause death or serious bodily
injury, a terrorist activity;
``(II) to prepare or plan a terrorist activity;
``(III) to gather information on potential targets for
terrorist activity;
``(IV) to solicit funds or other things of value for--
``(aa) a terrorist activity;
``(bb) a terrorist organization described in clause (vi)(I)
or (vi)(II); or
``(cc) a terrorist organization described in clause
(vi)(III), unless the solicitor can demonstrate by clear and
convincing evidence that he did not know, and should not
reasonably have known, that the organization was a terrorist
organization;
``(V) to solicit any individual--
``(aa) to engage in conduct otherwise described in this
subsection;
``(bb) for membership in a terrorist organization described
in clause (vi)(I) or (vi)(II); or
``(cc) for membership in a terrorist organization described
in clause (vi)(III) unless the solicitor can demonstrate by
clear and convincing evidence that he did not know, and
should not reasonably have known, that the organization was a
terrorist organization; or
``(VI) to commit an act that the actor knows, or reasonably
should know, affords material support, including a safe
house, transportation, communications, funds, transfer of
funds or other material financial benefit, false
documentation or identification, weapons (including chemical,
biological, or radiological weapons), explosives, or
training--
``(aa) for the commission of a terrorist activity;
``(bb) to any individual who the actor knows, or reasonably
should know, has committed or plans to commit a terrorist
activity;
``(cc) to a terrorist organization described in subclause
(I) or (II) of clause (vi) or to any member of such an
organization; or
``(dd) to a terrorist organization described in clause
(vi)(III), or to any member of such an organization, unless
the actor can demonstrate by clear and convincing evidence
that the actor did not know, and should not reasonably have
known, that the organization was a terrorist organization.
This clause shall not apply to any material support the alien
afforded to an organization or individual that has committed
terrorist activity, if the Secretary of State, after
consultation with the Attorney General and the Secretary of
Homeland Security, or the Attorney General, after
consultation with the Secretary of State and the Secretary of
Homeland Security, concludes in his sole unreviewable
discretion, that this clause should not apply.''.
(c) Terrorist Organization Defined.--Section
212(a)(3)(B)(vi) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(vi)) is amended to read as follows:
``(vi) Terrorist organization defined.--As used in this
section, the term `terrorist organization' means an
organization--
``(I) designated under section 219;
``(II) otherwise designated, upon publication in the
Federal Register, by the Secretary of State in consultation
with or upon the request of the Attorney General or the
Secretary of Homeland Security, as a terrorist organization,
after finding that the organization engages in the activities
described in subclauses (I) through (VI) of clause (iv); or
``(III) that is a group of two or more individuals, whether
organized or not, which engages in, or has a subgroup which
engages in, the activities described in subclauses (I)
through (VI) of clause (iv).''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this title,
and these amendments, and section 212(a)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), as
amended by this section, shall apply to--
(1) removal proceedings instituted before, on, or after the
date of the enactment of this title; and
(2) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after such date.
SEC. 714. REMOVAL OF TERRORISTS.
(a) In General.--
(1) In general.--Section 237(a)(4)(B) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended to
read as follows:
``(B) Terrorist activities.--Any alien who is described in
subparagraph (B) or (F) of section 212(a)(3) is
deportable.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this title,
and the amendment, and section 237(a)(4)(B) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)), as
amended by such paragraph, shall apply to--
(A) removal proceedings instituted before, on, or after the
date of the enactment of this title; and
(B) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after such date.
(b) Repeal.--Effective as of the date of the enactment of
the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458), section 5402 of such Act is repealed,
and the Immigration and Nationality Act shall be applied as
if such section had not been enacted.
SEC. 715. JUDICIAL REVIEW OF ORDERS OF REMOVAL.
(a) In General.--Section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting ``(statutory or
nonstatutory), including section 2241 of title 28, United
States Code, or any other habeas corpus provision, and
sections 1361 and 1651 of such title'' after
``Notwithstanding any other provision of law'';
(ii) in each of subparagraphs (B) and (C), by inserting
``(statutory or nonstatutory), including section 2241 of
title 28, United States Code, or any other habeas corpus
provision, and sections 1361 and 1651 of such title, and
except as provided in subparagraph (D)'' after
``Notwithstanding any other provision of law''; and
(iii) by adding at the end the following:
``(D) Judicial review of certain legal claims.--Nothing in
subparagraph (B) or (C), or in any other provision of this
Act which limits or eliminates judicial review, shall be
construed as precluding review of constitutional claims or
pure questions of law raised upon a petition for review filed
with an appropriate court of appeals in accordance with this
section.''; and
(B) by adding at the end the following:
``(4) Claims under the united nations convention.--
Notwithstanding any other provision of law (statutory or
nonstatutory), including section 2241 of title 28, United
States Code, or any other habeas corpus provision, and
sections 1361 and 1651 of such title, a petition for review
filed with an appropriate court of appeals in accordance with
this section shall be the sole and exclusive means for
judicial review of any cause or claim under the United
Nations Convention Against Torture and Other Forms of Cruel,
Inhuman, or Degrading Treatment or Punishment, except as
provided in subsection (e).
``(5) Exclusive means of review.--Notwithstanding any other
provision of law (statutory or nonstatutory), including
section 2241 of title 28, United States Code, or any other
habeas corpus provision, and sections 1361 and 1651 of such
title, a petition for review filed with an appropriate court
of appeals in accordance with this section shall be the sole
and exclusive means for judicial review of an order of
removal entered or issued under any provision of this Act,
except as provided in subsection (e). For purposes of this
Act, in every provision that limits or eliminates judicial
review or jurisdiction to review, the terms `judicial review'
and `jurisdiction to review' include habeas corpus review
pursuant to section 2241 of title 28, United States Code, or
any other habeas corpus provision, sections 1361 and 1651 of
such title, and review pursuant to any other provision of law
(statutory or nonstatutory).'';
(2) in subsection (b)--
(A) in paragraph (3)(B), by inserting ``pursuant to
subsection (f)'' after ``unless''; and
(B) in paragraph (9), by adding at the end the following:
``Except as otherwise provided in this section, no court
shall have jurisdiction, by habeas corpus under section 2241
of title 28, United States Code, or any other habeas corpus
provision, by section 1361 or 1651 of such title, or by any
other provision of law (statutory or nonstatutory), to review
such an order or such questions of law or fact.''; and
(3) in subsection (g), by inserting ``(statutory or
nonstatutory), including section 2241 of title 28, United
States Code, or any other habeas corpus provision, and
sections 1361 and 1651 of such title'' after
``notwithstanding any other provision of law''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect upon the date of the enactment of this
title 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 title.
(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 title, then the district court shall
transfer the case (or the part of the case that challenges
the order of removal, deportation, or exclusion) to the court
of appeals for the circuit in which a petition for review
could have been properly filed under section 242(b)(2) of the
Immigration and Nationality Act (8 U.S.C. 1252), as amended
by this section, or under section 309(c)(4)(D) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1101 note). The court of appeals shall treat the
transferred case as if it had been filed pursuant to a
petition for review under such section 242, except that
subsection (b)(1) of such section shall not apply.
(d) Transitional Rule Cases.--A petition for review filed
under former section 106(a) of the Immigration and
Nationality Act (as in effect before its repeal by section
306(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1252 note)) shall be
treated as if it had been filed as a petition for review
under section 242 of the Immigration and Nationality Act (8
U.S.C. 1252), as amended by this section. Notwithstanding any
other provision of law (statutory or nonstatutory), including
section 2241 of title 28, United States Code, or
[[Page S3698]]
any other habeas corpus provision, and sections 1361 and 1651
of such title, such petition for review shall be the sole and
exclusive means for judicial review of an order of
deportation or exclusion.
SEC. 716. DELIVERY BONDS.
(a) Definitions.--For purposes of this section:
(1) Delivery bond.--The term ``delivery bond'' means a
written suretyship undertaking for the surrender of an
individual against whom the Department of Homeland Security
has issued an order to show cause or a notice to appear, the
performance of which is guaranteed by an acceptable surety on
Federal bonds.
(2) Principal.--The term ``principal'' means an individual
who is the subject of a bond.
(3) Suretyship undertaking.--The term ``suretyship
undertaking'' means a written agreement, executed by a
bonding agent on behalf of a surety, which binds all parties
to its certain terms and conditions and which provides
obligations for the principal and the surety while under the
bond and penalties for forfeiture to ensure the obligations
of the principal and the surety under the agreement.
(4) Bonding agent.--The term ``bonding agent'' means any
individual properly licensed, approved, and appointed by
power of attorney to execute or countersign surety bonds in
connection with any matter governed by the Immigration and
Nationality Act as amended (8 U.S.C. 1101, et seq.), and who
receives a premium for executing or countersigning such
surety bonds.
(5) Surety.--The term ``surety'' means an entity, as
defined by, and that is in compliance with, sections 9304
through 9308 of title 31, United States Code, that agrees--
(A) to guarantee the performance, where appropriate, of the
principal under a bond;
(B) to perform the bond as required; and
(C) to pay the face amount of the bond as a penalty for
failure to perform.
(b) Validity, Agent Not Co-Obligor, Expiration, Renewal,
and Cancellation of Bonds.--
(1) Validity.--Delivery bond undertakings are valid if such
bonds--
(A) state the full, correct, and proper name of the alien
principal;
(B) state the amount of the bond;
(C) are guaranteed by a surety and countersigned by an
agent who is properly appointed;
(D) bond documents are properly executed; and
(E) relevant bond documents are properly filed with the
Secretary of Homeland Security.
(2) Bonding agent not co-obligor, party, or guarantor in
individual capacity, and no refusal if acceptable surety.--
Section 9304(b) of title 31, United States Code, is amended
by adding at the end the following: ``Notwithstanding any
other provision of law, no bonding agent of a corporate
surety shall be required to execute bonds as a co-obligor,
party, or guarantor in an individual capacity on bonds
provided by the corporate surety, nor shall a corporate
surety bond be refused if the corporate surety appears on the
current Treasury Department Circular 570 as a company holding
a certificate of authority as an acceptable surety on Federal
bonds and attached to the bond is a currently valid
instrument showing the authority of the bonding agent of the
surety company to execute the bond.''.
(3) Expiration.--A delivery bond undertaking shall expire
at the earliest of--
(A) 1 year from the date of issue;
(B) at the cancellation of the bond or surrender of the
principal; or
(C) immediately upon nonpayment of the renewal premium.
(4) Renewal.--Delivery bonds may be renewed annually, with
payment of proper premium to the surety, if there has been no
breach of conditions, default, claim, or forfeiture of the
bond. Notwithstanding any renewal, when the alien is
surrendered to the Secretary of Homeland Security for
removal, the Secretary shall cause the bond to be canceled.
(5) Cancellation.--Delivery bonds shall be canceled and the
surety exonerated--
(A) for nonrenewal after the alien has been surrendered to
the Department of Homeland Security for removal;
(B) if the surety or bonding agent provides reasonable
evidence that there was misrepresentation or fraud in the
application for the bond;
(C) upon the death or incarceration of the principal, or
the inability of the surety to produce the principal for
medical reasons;
(D) if the principal is detained by any law enforcement
agency of any State, county, city, or any political
subdivision thereof;
(E) if it can be established that the alien departed the
United States of America for any reason without permission of
the Secretary of Homeland Security, the surety, or the
bonding agent;
(F) if the foreign state of which the principal is a
national is designated pursuant to section 244 of the Act (8
U.S.C. 1254a) after the bond is posted; or
(G) if the principal is surrendered to the Department of
Homeland Security, removal by the surety or the bonding
agent.
(6) Surrender of principal; forfeiture of bond premium.--
(A) Surrender.--At any time, before a breach of any of the
bond conditions, if in the opinion of the surety or bonding
agent, the principal becomes a flight risk, the principal may
be surrendered to the Department of Homeland Security for
removal.
(B) Forfeiture of bond premium.--A principal may be
surrendered without the return of any bond premium if the
principal--
(i) changes address without notifying the surety, the
bonding agent, and the Secretary of Homeland Security in
writing prior to such change;
(ii) hides or is concealed from a surety, a bonding agent,
or the Secretary;
(iii) fails to report to the Secretary as required at least
annually; or
(iv) violates the contract with the bonding agent or
surety, commits any act that may lead to a breach of the
bond, or otherwise violates any other obligation or condition
of the bond established by the Secretary.
(7) Certified copy of bond and arrest warrant to accompany
surrender.--
(A) In general.--A bonding agent or surety desiring to
surrender the principal--
(i) shall have the right to petition the Secretary of
Homeland Security or any Federal court, without having to pay
any fees or court costs, for an arrest warrant for the arrest
of the principal;
(ii) shall forthwith be provided 2 certified copies each of
the arrest warrant and the bond undertaking, without having
to pay any fees or courts costs; and
(iii) shall have the right to pursue, apprehend, detain,
and surrender the principal, together with certified copies
of the arrest warrant and the bond undertaking, to any
Department of Homeland Security detention official or
Department detention facility or any detention facility
authorized to hold Federal detainees.
(B) Effects of delivery.--Upon surrender of a principal
under subparagraph (A)(iii)--
(i) the official to whom the principal is surrendered shall
detain the principal in custody and issue a written
certificate of surrender; and
(ii) the Secretary of Homeland Security shall immediately
exonerate the surety from any further liability on the bond.
(8) Form of bond.--Delivery bonds shall in all cases state
the following and be secured by a corporate surety that is
certified as an acceptable surety on Federal bonds and whose
name appears on the current Treasury Department Circular 570:
``(A) Breach of bond; procedure, forfeiture, notice.--
``(i) If a principal violates any conditions of the
delivery bond, or the principal is or becomes subject to a
final administrative order of deportation or removal, the
Secretary of Homeland Security shall--
``(I) immediately issue a warrant for the principal's
arrest and enter that arrest warrant into the National Crime
Information Center (NCIC) computerized information database;
``(II) order the bonding agent and surety to take the
principal into custody and surrender the principal to any one
of 10 designated Department of Homeland Security `turn-in'
centers located nationwide in the areas of greatest need, at
any time of day during 15 months after mailing the arrest
warrant and the order to the bonding agent and the surety as
required by subclause (III), and immediately enter that order
into the National Crime Information Center (NCIC)
computerized information database; and
``(III) mail 2 certified copies each of the arrest warrant
issued pursuant to subclause (I) and 2 certified copies each
of the order issued pursuant to subclause (II) to only the
bonding agent and surety via certified mail return receipt to
their last known addresses.
``(ii) Bonding agents and sureties shall immediately notify
the Secretary of Homeland Security of their changes of
address and/or telephone numbers.
``(iii) The Secretary of Homeland Security shall establish,
disseminate to bonding agents and sureties, and maintain on a
current basis a secure nationwide toll-free list of telephone
numbers of Department of Homeland Security officials,
including the names of such officials, that bonding agents,
sureties, and their employees may immediately contact at any
time to discuss and resolve any issue regarding any principal
or bond, to be known as `Points of Contact'.
``(iv) A bonding agent or surety shall have full and
complete access, free of charge, to any and all information,
electronic or otherwise, in the care, custody, and control of
the United States Government or any State or local government
or any subsidiary or police agency thereof regarding the
principal that may be helpful in complying with section 715
of the REAL ID Act of 2005 that the Secretary of Homeland
Security, by regulations subject to approval by Congress,
determines may be helpful in locating or surrendering the
principal. Beyond the principal, a bonding agent or surety
shall not be required to disclose any information, including
but not limited to the arrest warrant and order, received
from any governmental source, any person, firm, corporation,
or other entity.
``(v) If the principal is later arrested, detained, or
otherwise located outside the United States and the outlying
possessions of the United States (as defined in section
101(a) of the Immigration and Nationality Act), the Secretary
of Homeland Security shall--
``(I) immediately order that the surety is completely
exonerated, and the bond canceled; and
``(II) if the Secretary of Homeland Security has issued an
order under clause (i), the surety may request, by written,
properly filed
[[Page S3699]]
motion, reinstatement of the bond. This subclause may not be
construed to prevent the Secretary of Homeland Security from
revoking or resetting a bond at a higher amount.
``(vi) The bonding agent or surety must--
``(I) during the 15 months after the date the arrest
warrant and order were mailed pursuant to clause (i)(III)
surrender the principal one time; or
``(II)(aa) provide reasonable evidence that producing the
principal was prevented--
``(AA) by the principal's illness or death;
``(BB) because the principal is detained in custody in any
city, State, country, or any political subdivision thereof;
``(CC) because the principal has left the United States or
its outlying possessions (as defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)); or
``(DD) because required notice was not given to the bonding
agent or surety; and
``(bb) establish by affidavit that the inability to produce
the principal was not with the consent or connivance of the
bonding agent or surety.
``(vii) If compliance occurs more than 15 months but no
more than 18 months after the mailing of the arrest warrant
and order to the bonding agent and the surety required under
clause (i)(III), an amount equal to 25 percent of the face
amount of the bond shall be assessed as a penalty against the
surety.
``(viii) If compliance occurs more than 18 months but no
more than 21 months after the mailing of the arrest warrant
and order to the bonding agent and the surety required under
clause (i)(III), an amount equal to 50 percent of the face
amount of the bond shall be assessed as a penalty against the
surety.
``(ix) If compliance occurs more than 21 months but no more
than 24 months after the mailing of the arrest warrant and
order to the bonding agent and the surety required under
clause (i)(III), an amount equal to 75 percent of the face
amount of the bond shall be assessed as a penalty against the
surety.
``(x) If compliance occurs 24 months or more after the
mailing of the arrest warrant and order to the bonding agent
and the surety required under clause (i)(III), an amount
equal to 100 percent of the face amount of the bond shall be
assessed as a penalty against the surety.
``(xi) If any surety surrenders any principal to the
Secretary of Homeland Security at any time and place after
the period for compliance has passed, the Secretary of
Homeland Security shall cause to be issued to that surety an
amount equal to 50 percent of the face amount of the bond:
Provided, however, That if that surety owes any penalties on
bonds to the United States, the amount that surety would
otherwise receive shall be offset by and applied as a credit
against the amount of penalties on bonds it owes the United
States, and then that surety shall receive the remainder of
the amount to which it is entitled under this subparagraph,
if any.
``(xii) All penalties assessed against a surety on a bond,
if any, shall be paid by the surety no more than 27 months
after the mailing of the arrest warrant and order to the
bonding agent and the surety required under clause (i)(III).
``(B) The Secretary of Homeland Security may waive
penalties or extend the period for payment or both, if--
``(i) a written request is filed with the Secretary of
Homeland Security; and
``(ii) the bonding agent or surety provides an affidavit
that diligent efforts were made to effect compliance of the
principal.
``(C) Compliance; exoneration; limitation of liability.--
``(i) Compliance.--A bonding agent or surety shall have the
absolute right to locate, apprehend, arrest, detain, and
surrender any principal, wherever he or she may be found, who
violates any of the terms and conditions of his or her bond.
``(ii) Exoneration.--Upon satisfying any of the
requirements of the bond, the surety shall be completely
exonerated.
``(iii) Limitation of liability.--Notwithstanding any other
provision of law, the total liability on any surety
undertaking shall not exceed the face amount of the bond.''.
(c) Effective Date.--The provisions of this section shall
take effect on the date of the enactment of this title and
shall apply to bonds and surety undertakings executed before,
on, or after the date of the enactment of this title.
SEC. 717. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.
(a) In General.--Section 236(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1226(a)(2)) is amended to read as
follows:
``(2) subject to such reasonable regulations as the
Secretary of Homeland Security may prescribe, shall permit
agents, servants, and employees of corporate sureties to
visit in person with individuals detained by the Secretary of
and, subject to section 241(a)(8), may release the alien on a
delivery bond of at least $10,000, with security approved by
the Secretary, and containing conditions and procedures
prescribed by section 715 of the REAL ID Act of 2005 and by
the Secretary, but the Secretary shall not release the alien
on or to his own recognizance unless an order of an
immigration judge expressly finds and states in a signed
order to release the alien to his own recognizance that the
alien is not a flight risk and is not a threat to the United
States''.
(b) Repeal.--Section 286(r) of the Immigration and
Nationality Act (8 U.S.C. 1356(r)) is repealed.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this title.
SEC. 718. DETENTION OF ALIENS DELIVERED BY BONDSMEN.
(a) In General.--Section 241(a) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)) is amended by adding at
the end the following:
``(8) Effect of production of alien by bondsman.--
Notwithstanding any other provision of law, the Secretary of
Homeland Security shall take into custody any alien subject
to a final order of removal, and cancel any bond previously
posted for the alien, if the alien is produced within the
prescribed time limit by the obligor on the bond whether or
not the Department of Homeland Security accepts custody of
the alien. The obligor on the bond shall be deemed to have
substantially performed all conditions imposed by the terms
of the bond, and shall be released from liability on the
bond, if the alien is produced within such time limit.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this title
and shall apply to all immigration bonds posted before, on,
or after such date.
Subtitle B--Improved Security for Drivers' Licenses and Personal
Identification Cards
SEC. 721. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) Driver's license.--The term ``driver's license'' means
a motor vehicle operator's license, as defined in section
30301 of title 49, United States Code.
(2) Identification card.--The term ``identification card''
means a personal identification card, as defined in section
1028(d) of title 18, United States Code, issued by a State.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(4) State.--The term ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands,
the Trust Territory of the Pacific Islands, and any other
territory or possession of the United States.
SEC. 722. 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 title, a Federal agency may not accept, for
any official purpose, a driver's license or identification
card issued by a State to any person unless the State is
meeting the requirements of this section.
(2) State certifications.--The Secretary shall determine
whether a State is meeting the requirements of this section
based on certifications made by the State to the Secretary of
Transportation. Such certifications shall be made at such
times and in such manner as the Secretary of Transportation,
in consultation with the Secretary of Homeland Security, may
prescribe by regulation.
(b) Minimum Document Requirements.--To meet the
requirements of this section, a State shall include, at a
minimum, the following information and features on each
driver's license and identification card issued to a person
by the State:
(1) The person's full legal name.
(2) The person's date of birth.
(3) The person's gender.
(4) The person's driver's license or identification card
number.
(5) A digital photograph of the person.
(6) The person's address of principle residence.
(7) The person's signature.
(8) Physical security features designed to prevent
tampering, counterfeiting, or duplication of the document for
fraudulent purposes.
(9) A common machine-readable technology, with defined
minimum data elements.
(c) Minimum Issuance Standards.--
(1) In general.--To meet the requirements of this section,
a State shall require, at a minimum, presentation and
verification of the following information before issuing a
driver's license or identification card to a person:
(A) A photo identity document, except that a non-photo
identity document is acceptable if it includes both the
person's full legal name and date of birth.
(B) Documentation showing the person's date of birth.
(C) Proof of the person's social security account number or
verification that the person is not eligible for a social
security account number.
(D) Documentation showing the person's name and address of
principal residence.
(2) Special requirements.--
(A) In general.--To meet the requirements of this section,
a State shall comply with the minimum standards of this
paragraph.
(B) Evidence of lawful status.--A State shall require,
before issuing a driver's license or identification card to a
person, valid documentary evidence that the person--
(i) is a citizen of the United States;
(ii) is an alien lawfully admitted for permanent or
temporary residence in the United States;
(iii) has conditional permanent resident status in the
United States;
(iv) has an approved application for asylum in the United
States or has entered into the United States in refugee
status;
(v) has a valid, unexpired nonimmigrant visa or
nonimmigrant visa status for entry into the United States;
[[Page S3700]]
(vi) has a pending application for asylum in the United
States;
(vii) has a pending or approved application for temporary
protected status in the United States;
(viii) has approved deferred action status; or
(ix) has a pending application for adjustment of status to
that of an alien lawfully admitted for permanent residence in
the United States or conditional permanent resident status in
the United States.
(C) Temporary drivers' licenses and identification cards.--
(i) In general.--If a person presents evidence under any of
clauses (v) through (ix) of subparagraph (B), the State may
only issue a temporary driver's license or temporary
identification card to the person.
(ii) Expiration date.--A temporary driver's license or
temporary identification card issued pursuant to this
subparagraph shall be valid only during the period of time of
the applicant's authorized stay in the United States or, if
there is no definite end to the period of authorized stay, a
period of one year.
(iii) Display of expiration date.--A temporary driver's
license or temporary identification card issued pursuant to
this subparagraph shall clearly indicate that it is temporary
and shall state the date on which it expires.
(iv) Renewal.--A temporary driver's license or temporary
identification card issued pursuant to this subparagraph may
be renewed only upon presentation of valid documentary
evidence that the status by which the applicant qualified for
the temporary driver's license or temporary identification
card has been extended by the Secretary of Homeland Security.
(3) Verification of documents.--To meet the requirements of
this section, a State shall implement the following
procedures:
(A) Before issuing a driver's license or identification
card to a person, the State shall verify, with the issuing
agency, the issuance, validity, and completeness of each
document required to be presented by the person under
paragraph (1) or (2).
(B) The State shall not accept any foreign document, other
than an official passport, to satisfy a requirement of
paragraph (1) or (2).
(C) Not later than September 11, 2005, the State shall
enter into a memorandum of understanding with the Secretary
of Homeland Security to routinely utilize the automated
system known as Systematic Alien Verification for
Entitlements, as provided for by section 404 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(110 Stat. 3009-664), to verify the legal presence status of
a person, other than a United States citizen, applying for a
driver's license or identification card.
(d) Other Requirements.--To meet the requirements of this
section, a State shall adopt the following practices in the
issuance of drivers' licenses and identification cards:
(1) Employ technology to capture digital images of identity
source documents so that the images can be retained in
electronic storage in a transferable format.
(2) Retain paper copies of source documents for a minimum
of 7 years or images of source documents presented for a
minimum of 10 years.
(3) Subject each person applying for a driver's license or
identification card to mandatory facial image capture.
(4) Establish an effective procedure to confirm or verify a
renewing applicant's information.
(5) Confirm with the Social Security Administration a
social security account number presented by a person using
the full social security account number. In the event that a
social security account number is already registered to or
associated with another person to which any State has issued
a driver's license or identification card, the State shall
resolve the discrepancy and take appropriate action.
(6) Refuse to issue a driver's license or identification
card to a person holding a driver's license issued by another
State without confirmation that the person is terminating or
has terminated the driver's license.
(7) Ensure the physical security of locations where
drivers' licenses and identification cards are produced and
the security of document materials and papers from which
drivers' licenses and identification cards are produced.
(8) Subject all persons authorized to manufacture or
produce drivers' licenses and identification cards to
appropriate security clearance requirements.
(9) Establish fraudulent document recognition training
programs for appropriate employees engaged in the issuance of
drivers' licenses and identification cards.
(10) Limit the period of validity of all driver's licenses
and identification cards that are not temporary to a period
that does not exceed 8 years.
SEC. 723. LINKING OF DATABASES.
(a) In General.--To be eligible to receive any grant or
other type of financial assistance made available under this
title, a State shall participate in the interstate compact
regarding sharing of driver license data, known as the
``Driver License Agreement'', in order to provide electronic
access by a State to information contained in the motor
vehicle databases of all other States.
(b) Requirements for Information.--A State motor vehicle
database shall contain, at a minimum, the following
information:
(1) All data fields printed on drivers' licenses and
identification cards issued by the State.
(2) Motor vehicle drivers' histories, including motor
vehicle violations, suspensions, and points on licenses.
SEC. 724. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN
FALSE IDENTIFICATION DOCUMENTS.
(a) Criminal Penalty.--Section 1028(a)(8) of title 18,
United States Code, is amended by striking ``false
authentication features'' and inserting ``false or actual
authentication features''.
(b) Use of False Driver's License at Airports.--
(1) In general.--The Secretary shall enter, into the
appropriate aviation security screening database, appropriate
information regarding any person convicted of using a false
driver's license at an airport (as such term is defined in
section 40102 of title 49, United States Code).
(2) False defined.--In this subsection, the term ``false''
has the same meaning such term has under section 1028(d) of
title 18, United States Code.
SEC. 725. 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 subtitle.
(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 subtitle.
SEC. 726. AUTHORITY.
(a) Participation of Secretary of Transportation and
States.--All authority to issue regulations, set standards,
and issue grants under this subtitle shall be carried out by
the Secretary, in consultation with the Secretary of
Transportation and the States.
(b) Compliance With Standards.--All authority to certify
compliance with standards under this subtitle shall be
carried out by the Secretary of Transportation, in
consultation with the Secretary of Homeland Security and the
States.
(c) Extensions of Deadlines.--The Secretary may grant to a
State an extension of time to meet the requirements of
section 722(a)(1) if the State provides adequate
justification for noncompliance.
SEC. 727. REPEAL.
Section 7212 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) is repealed.
SEC. 728. LIMITATION ON STATUTORY CONSTRUCTION.
Nothing in this subtitle 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.
Subtitle C--Border Infrastructure and Technology Integration
SEC. 731. VULNERABILITY AND THREAT ASSESSMENT.
(a) Study.--The Under Secretary of Homeland Security for
Border and Transportation Security, in consultation with the
Under Secretary of Homeland Security for Science and
Technology and the Under Secretary of Homeland Security for
Information Analysis and Infrastructure Protection, shall
study the technology, equipment, and personnel needed to
address security vulnerabilities within the United States for
each field office of the Bureau of Customs and Border
Protection that has responsibility for any portion of the
United States borders with Canada and Mexico. The Under
Secretary shall conduct follow-up studies at least once every
5 years.
(b) Report to Congress.--The Under Secretary shall submit a
report to Congress on the Under Secretary's findings and
conclusions from each study conducted under subsection (a)
together with legislative recommendations, as appropriate,
for addressing any security vulnerabilities found by the
study.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Department of Homeland Security
Directorate of Border and Transportation Security such sums
as may be necessary for fiscal years 2006 through 2011 to
carry out any such recommendations from the first study
conducted under subsection (a).
SEC. 732. USE OF GROUND SURVEILLANCE TECHNOLOGIES FOR BORDER
SECURITY.
(a) Pilot Program.--Not later than 180 days after the date
of the enactment of this title, the Under Secretary of
Homeland Security for Science and Technology, in consultation
with the Under Secretary of Homeland Security for Border and
Transportation Security, the Under Secretary of Homeland
Security for Information Analysis and Infrastructure
Protection, and the Secretary of Defense, shall develop a
pilot program to utilize, or increase the utilization of,
ground surveillance technologies to enhance the border
security of the United States. In developing the program, the
Under Secretary shall--
(1) consider various current and proposed ground
surveillance technologies that could be utilized to enhance
the border security of the United States;
(2) assess the threats to the border security of the United
States that could be addressed by the utilization of such
technologies; and
(3) assess the feasibility and advisability of utilizing
such technologies to address such threats, including an
assessment of the technologies considered best suited to
address such threats.
[[Page S3701]]
(b) Additional Requirements.--
(1) In general.--The pilot program shall include the
utilization of a variety of ground surveillance technologies
in a variety of topographies and areas (including both
populated and unpopulated areas) on both the northern and
southern borders of the United States in order to evaluate,
for a range of circumstances--
(A) the significance of previous experiences with such
technologies in homeland security or critical infrastructure
protection for the utilization of such technologies for
border security;
(B) the cost, utility, and effectiveness of such
technologies for border security; and
(C) liability, safety, and privacy concerns relating to the
utilization of such technologies for border security.
(2) Technologies.--The ground surveillance technologies
utilized in the pilot program shall include the following:
(A) Video camera technology.
(B) Sensor technology.
(C) Motion detection technology.
(c) Implementation.--The Under Secretary of Homeland
Security for Border and Transportation Security shall
implement the pilot program developed under this section.
(d) Report.--Not later than 1 year after implementing the
pilot program under subsection (a), the Under Secretary shall
submit a report on the program to the Senate Committee on
Commerce, Science, and Transportation, the House of
Representatives Committee on Science, the House of
Representatives Committee on Homeland Security, and the House
of Representatives Committee on the Judiciary. The Under
Secretary shall include in the report a description of the
program together with such recommendations as the Under
Secretary finds appropriate, including recommendations for
terminating the program, making the program permanent, or
enhancing the program.
SEC. 733. 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 title, the Secretary of Homeland
Security, acting through the Under Secretary of Homeland
Security for Border and Transportation Security, in
consultation with the Under Secretary of Homeland Security
for Science and Technology, the Under Secretary of Homeland
Security for Information Analysis and Infrastructure
Protection, the Assistant Secretary of Commerce for
Communications and Information, and other appropriate
Federal, State, local, and tribal agencies, shall develop and
implement a plan--
(1) to improve the communications systems of the
departments and agencies of the Federal Government in order
to facilitate the integration of communications among the
departments and agencies of the Federal Government and State,
local government agencies, and Indian tribal agencies on
matters relating to border security; and
(2) to enhance information sharing among the departments
and agencies of the Federal Government, State and local
government agencies, and Indian tribal agencies on such
matters.
(b) Report.--Not later than 1 year after implementing the
plan under subsection (a), the Secretary shall submit a copy
of the plan and a report on the plan, including any
recommendations the Secretary finds appropriate, to the
Senate Committee on Commerce, Science, and Transportation,
the House of Representatives Committee on Science, the House
of Representatives Committee on Homeland Security, and the
House of Representatives Committee on the Judiciary.
______
SA 430. Mr. BYRD (for himself, Mrs. Clinton, Mr. Lautenberg, Mr.
Kerry, Mr. Wyden, Mr. Dorgan, Mr. Harkin, and Mr. Kennedy) proposed an
amendment to the bill H.R. 1268, Making emergency supplemental
appropriations for the fiscal year ending September 30, 2005, to
establish and rapidly implement regulations for State driver's license
and identification document security standards, to prevent terrorists
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious
construction of the San Diego border fence, and for other purposes; as
follows:
At the appropriate place, insert the following:
Sec. __. None of the funds provided in this Act or any
other Act may be used by a Federal agency to produce any
prepackaged news story unless the story includes a clear
notification to the audience that the story was prepared or
funded by that Federal agency.
______
SA 431. Ms. SNOWE submitted an amendment intended to be proposed by
her to the bill H.R. 1268, making emergency supplemental appropriations
for the fiscal year ending September 30, 2005, to establish and rapidly
implement regulations for State driver's license and identification
document security standards, to prevent terrorists from abusing the
asylum laws of the United States, to unify terrorism-related grounds
for inadmissibility and removal, to ensure expeditious construction of
the San Diego border fence, and for other purposes; which was ordered
to lie on the table; as follows:
On page 169, between lines 8 and 9, insert the following:
full utilization of industrial capacity for refurbishment and
replacement of tactical wheeled vehicles
Sec. 1122. The Secretary of the Army shall use funds in the
Other Procurement, Army account to utilize fully the
industrial capacity of the United States, including the
capacity of Maine Military Authority, to meet requirements
for the refurbishment and replacement of tactical wheeled
vehicles in order to facilitate the delivery of up armored
tactical vehicles to deployed units of the Armed Forces.
______
SA 432. Mr. CHAMBLISS (for himself, and Mr. Kyl) submitted an
amendment intended to be proposed to the bill H.R. 1268, Making
emergency supplemental appropriations for the fiscal year ending
September 30, 2005, to establish and rapidly implement regulations for
State driver's license and identification document security standards,
to prevent terrorists from abusing the asylum laws of the United
States, to unify terrorism-related grounds for inadmissibility and
removal, to ensure expeditious construction of the San Diego border
fence, and for other purposes; as follows:
On page 231, between lines 3 and 4, insert the following:
TITLE VII--TEMPORARY AGRICULTURAL WORKERS
SEC. 701. SHORT TITLE.
This title may be cited as the ``Temporary Agricultural
Work Reform Act of 2005''.
Subtitle A--Temporary H-2A Workers
SEC. 711. ADMISSION OF TEMPORARY H-2A WORKERS.
Section 218 of the Immigration and Nationality Act (8
U.S.C. 1188) is amended to read as follows:
``ADMISSION OF TEMPORARY H-2A WORKERS
``Sec. 218. (a) Application.--An alien may not be admitted
as an H-2A worker unless the employer has filed with the
Secretary of Homeland Security a petition attesting to the
following:
``(1) Temporary or seasonal work or services.--
``(A) In general.--The agricultural employment for which
the H-2A worker or workers is or are sought is temporary or
seasonal, the number of workers sought, and the wage rate and
conditions under which they will be employed.
``(B) Temporary or seasonal work.--For purposes of
subparagraph (A), a worker is employed on a `temporary' or
`seasonal' basis if the employment is intended not to exceed
10 months.
``(2) Benefits, wage, and working conditions.--The employer
will provide, at a minimum, the benefits, wages, and working
conditions required by subsection (m) to all workers employed
in the jobs for which the H-2A worker or workers is or are
sought and to all other temporary workers in the same
occupation at the place of employment.
``(3) Nondisplacement of united states workers.--The
employer did not displace and will not displace a United
States worker employed by the employer during the period of
employment and during a period of 30 days preceding the
period of employment in the occupation at the place of
employment for which the employer seeks approval to employ H-
2A workers.
``(4) Recruitment.--
``(A) In general.--The employer shall attest that the
employer--
``(i) conducted adequate recruitment in the metropolitan
statistical area of intended employment before filing the
attestation; and
``(ii) was unsuccessful in locating qualified United States
workers for the job opportunity for which the certification
is sought.
``(B) Recruitment.--The adequate recruitment requirement
under subparagraph (A) is satisfied if the employer--
``(i) places a job order with America's Job Bank Program of
the Department of Labor; and
``(ii) places a Sunday advertisement in a newspaper of
general circulation or an advertisement in an appropriate
trade journal or ethnic publication that is likely to be
patronized by a potential worker in the area of intended
employment.
``(C) Advertisement criteria.--The advertisement
requirement under subparagraph (B)(ii) is satisfied if the
advertisement--
``(i) names the employer;
``(ii) directs applicants to report or send resumes, as
appropriate for the occupation, to the employer;
``(iii) provides a description of the vacancy that is
specific enough to apprise United States workers of the job
opportunity for which certification is sought;
``(iv) describes the geographic area with enough
specificity to apprise applicants of any travel requirements
and where applicants will likely have to reside to perform
the job;
``(v) states the rate of pay, which must equal or exceed
the wage paid for the occupation in the area of intended
employment; and
[[Page S3702]]
``(vi) offers wages, terms, and conditions of employment,
which are at least as favorable as those offered to the
alien.
``(5) Offers to united states workers.--The employer has
offered or will offer the job for which the nonimmigrant is,
or the nonimmigrants are, sought to any eligible United
States worker who applies and is equally or better qualified
for the job and who will be available at the time and place
of need.
``(6) Provision of insurance.--If the job for which the
nonimmigrant is, or the nonimmigrants are, sought is not
covered by State workers' compensation law, the employer will
provide, at no cost to the worker, insurance covering injury
and disease arising out of, and in the course of, the
worker's employment which will provide benefits at least
equal to those provided under the State workers' compensation
law for comparable employment.
``(7) Strike or lockout.--The specific job opportunity for
which the employer is requesting an H-2A worker is not vacant
because the former occupant is on strike or being locked out
in the course of a labor dispute.
``(8) Previous violations.--The employer has not, during
the previous 5-year period, employed H-2A workers and
knowingly violated a material term or condition of approval
with respect to the employment of domestic or nonimmigrant
workers, as determined by the Secretary of Labor after notice
and opportunity for a hearing.
``(b) Publication.--The employer shall make available for
public examination, within 1 working day after the date on
which a petition under this section is filed, at the
employer's principal place of business or worksite, a copy of
each such petition (and such accompanying documents as are
necessary).
``(c) List.--The Secretary of Labor shall compile, on a
current basis, a list (by employer) of the petitions filed
under subsection (a). Such list shall include the wage rate,
number of aliens sought, period of intended employment, and
date of need. The Secretary of Labor shall make such list
available for public examination in Washington, District of
Columbia.
``(d) Special Rules for Consideration of Petitions.--The
following rules shall apply in the case of the filing and
consideration of a petition under subsection (a):
``(1) Deadline for filing applications.--The Secretary of
Homeland Security may not require that the petition be filed
more than 28 days before the first date the employer requires
the labor or services of the H-2A worker or workers.
``(2) Issuance of approval.--Unless the Secretary of
Homeland Security finds that the petition is incomplete or
obviously inaccurate, the Secretary of Homeland Security
shall provide a decision within 7 days of the date of the
filing of the petition.
``(e) Roles of Agricultural Associations.--
``(1) Permitting filing by agricultural associations.--A
petition to hire an alien as a temporary agricultural worker
may be filed by an association of agricultural producers
which use agricultural services.
``(2) Treatment of associations acting as employers.--If an
association is a joint or sole employer of temporary
agricultural workers, such workers may be transferred among
its producer members to perform agricultural services of a
temporary or seasonal nature for which the petition was
approved.
``(3) Statement of liability.--The application form shall
include a clear statement explaining the liability under this
section of an employer who places an H-2A worker with another
H-2A employer if the other employer displaces a United States
worker in violation of the condition described in subsection
(a)(7).
``(4) Treatment of violations.--
``(A) Member's violation does not necessarily disqualify
association or other members.--If an individual producer
member of a joint employer association is determined to have
committed an act that is in violation of the conditions for
approval with respect to the member's petition, the denial
shall apply only to that member of the association unless the
Secretary of Labor determines that the association or other
member participated in, had knowledge of, or had reason to
know of the violation.
``(B) Association's violation does not necessarily
disqualify members.--
``(i) Joint employer.--If an association representing
agricultural producers as a joint employer is determined to
have committed an act that is in violation of the conditions
for approval with respect to the association's petition, the
denial shall apply only to the association and does not apply
to any individual producer member of the association, unless
the Secretary of Labor determines that the member
participated in, had knowledge of, or had reason to know of
the violation.
``(ii) Sole employer.--If an association of agricultural
producers approved as a sole employer is determined to have
committed an act that is in violation of the conditions for
approval with respect to the association's petition, no
individual producer member of such association may be the
beneficiary of the services of temporary alien agricultural
workers admitted under this section in the commodity and
occupation in which such aliens were employed by the
association which was denied approval during the period such
denial is in force, unless such producer member employs such
aliens in the commodity and occupation in question directly
or through an association which is a joint employer of such
workers with the producer member.
``(f) Expedited Administrative Appeals of Certain
Determinations.--Regulations shall provide for an expedited
procedure for the review of a denial of approval under this
section, or at the applicant's request, for a de novo
administrative hearing respecting the denial.
``(g) Miscellaneous Provisions.--
``(1) Endorsement of documents.--The Secretary of Homeland
Security shall provide for the endorsement of entry and exit
documents of nonimmigrants described in section
101(a)(15)(H)(ii)(a) as may be necessary to carry out this
section and to provide notice for purposes of section 274A.
``(2) Preemption of state laws.--The provisions of
subsections (a) and (c) of section 214 and the provisions of
this section preempt any State or local law regulating
admissibility of nonimmigrant workers.
``(3) Fees.--
``(A) In general.--The Secretary of Homeland Security may
require, as a condition of approving the petition, the
payment of a fee in accordance with subparagraph (B) to
recover the reasonable costs of processing petitions.
``(B) Amounts.--
``(i) Employer.--The fee for each employer that receives a
temporary alien agricultural labor certification shall be
equal to $100 plus $10 for each job opportunity for H-2A
workers certified, provided that the fee to an employer for
each temporary alien agricultural labor certification
received shall not exceed $1,000.
``(ii) Joint employer association.--In the case of a joint
employer association that receives a temporary alien
agricultural labor certification, each employer-member
receiving such certification shall pay a fee equal to $100
plus $10 for each job opportunity for H-2A workers certified,
provided that the fee to an employer for each temporary alien
agricultural labor certification received shall not exceed
$1,000. The joint employer association shall not be charged a
separate fee.
``(C) Payments.--The fees collected under this paragraph
shall be paid by check or money order made payable to the
`Department of Homeland Security'. In the case of employers
of H-2A workers that are members of a joint employer
association applying on their behalf, the aggregate fees for
all employers of H-2A workers under the petition may be paid
by 1 check or money order.
``(D) Inflation adjustment.--In the case of any calendar
year beginning after 2005, each dollar amount in subparagraph
(B) may be increased by an amount equal to--
``(i) such dollar amount; multiplied by
``(ii) the percentage (if any) by which the average of the
Consumer Price Index for all urban consumers (United States
city average) for the 12-month period ending with August of
the preceding calendar year exceeds such average for the 12-
month period ending with August 2004.
``(h) Failure To Meet Conditions.--If the Secretary of
Labor finds, after notice and opportunity for a hearing, a
failure to meet a condition of subsection (a), or a material
misrepresentation of fact in a petition under subsection
(a)--
``(1) the Secretary of Labor shall notify the Secretary of
Homeland Security of such finding and may, in addition,
impose such other administrative remedies (including civil
money penalties in an amount not to exceed $1,000 per
violation) as the Secretary of Labor determines to be
appropriate; and
``(2) the Secretary of Homeland Security may disqualify the
employer from the employment of H-2A workers for a period of
1 year.
``(i) Willful Failures and Willful Misrepresentations.--If
the Secretary of Labor finds, after notice and opportunity
for a hearing, a willful failure to meet a material condition
of subsection (a) or a willful misrepresentation of a
material fact in a petition under subsection (a)--
``(1) the Secretary of Labor shall notify the Secretary of
Homeland Security of such finding and may, in addition,
impose such other administrative remedies (including civil
money penalties in an amount not to exceed $5,000 per
violation) as the Secretary of Labor determines to be
appropriate;
``(2) the Secretary of Homeland Security may disqualify the
employer from the employment of H-2A workers for a period of
2 years;
``(3) for a second violation, the Secretary of Homeland
Security may disqualify the employer from the employment of
H-2A workers for a period of 5 years; and
``(4) for a third violation, the Secretary of Homeland
Security may permanently disqualify the employer from the
employment of H-2A workers.
``(j) Displacement of United States Workers.--If the
Secretary of Labor finds, after notice and opportunity for a
hearing, a willful failure to meet a material condition of
subsection (a) or a willful misrepresentation of a material
fact in a petition under subsection (a), in the course of
which failure or misrepresentation the employer displaced a
United States worker employed by the employer during the
period of employment on the employer's petition under
subsection (a) or during the period of 30 days preceding such
period of employment--
``(1) the Secretary of Labor shall notify the Secretary of
Homeland Security of such finding and may, in addition,
impose such other
[[Page S3703]]
administrative remedies (including civil money penalties in
an amount not to exceed $15,000 per violation) as the
Secretary of Labor determines to be appropriate;
``(2) the Secretary of Homeland Security may disqualify the
employer from the employment of H-2A workers for a period of
5 years; and
``(3) for a second violation, the Secretary of Homeland
Security may permanently disqualify the employer from the
employment of H-2A workers.
``(k) Limitations on Civil Money Penalties.--The Secretary
of Labor shall not impose total civil money penalties with
respect to a petition under subsection (a) in excess of
$90,000.
``(l) Failures To Pay Wages or Required Benefits.--If the
Secretary of Labor finds, after notice and opportunity for a
hearing, that the employer has failed to pay the wages, or
provide the housing allowance, transportation, subsistence
reimbursement, or guarantee of employment required under
subsection (a)(2), the Secretary of Labor shall assess
payment of back wages, or other required benefits, due any
United States worker or H-2A worker employed by the employer
in the specific employment in question. The back wages or
other required benefits under subsection (a)(2) shall be
equal to the difference between the amount that should have
been paid and the amount that actually was paid to such
worker.
``(m) Minimum Benefits, Wages, and Working Conditions.--
``(1) Preferential treatment of aliens prohibited.--
``(A) In general.--Employers seeking to hire United States
workers shall offer the United States workers not less than
the same benefits, wages, and working conditions that the
employer is offering, intends to offer, or will provide to H-
2A workers. Conversely, no job offer may impose on United
States workers any restrictions or obligations which will not
be imposed on the employer's H-2A workers.
``(B) Interpretations and determinations.--While benefits,
wages, and other terms and conditions of employment specified
in this subsection are required to be provided in connection
with employment under this section, every interpretation and
determination made under this Act or under any other law,
regulation, or interpretative provision regarding the nature,
scope, and timing of the provision of these and any other
benefits, wages, and other terms and conditions of employment
shall be made in conformance with the governing principles
that the services of workers to their employers and the
employment opportunities afforded to workers by their
employers, including those employment opportunities that
require United States workers or H-2A workers to travel or
relocate in order to accept or perform employment, mutually
benefit such workers, as well as their families, and
employers, principally benefitting neither, and that
employment opportunities within the United States further
benefit the United States economy as a whole and should be
encouraged.
``(2) Required wages.--
``(A) An employer applying for workers under subsection (a)
shall offer to pay, and shall pay, all workers in the
occupation for which the employer has applied for workers,
not less than the prevailing wage.
``(B) In complying with subparagraph (A), an employer may
request and obtain a prevailing wage determination from the
State employment security agency.
``(C) In lieu of the procedure described in subparagraph
(B), an employer may rely on other wage information,
including a survey of the prevailing wages of workers in the
occupation in the area of intended employment that has been
conducted or funded by the employer or a group of employers,
that meets criteria specified by the Secretary of Labor in
regulations.
``(D) An employer who obtains such prevailing wage
determination, or who relies on a qualifying survey of
prevailing wages, and who pays the wage determined to be
prevailing, shall be considered to have complied with the
requirement of subparagraph (A).
``(E) No worker shall be paid less than the greater of the
prevailing wage or the applicable State minimum wage.
``(3) Requirement to provide housing or a housing
allowance.--
``(A) In general.--An employer applying for workers under
subsection (a) shall offer to provide housing at no cost to
all workers in job opportunities for which the employer has
applied under that section and to all other workers in the
same occupation at the place of employment, whose place of
residence is beyond normal commuting distance.
``(B) Type of housing.--In complying with subparagraph (A),
an employer may, at the employer's election, provide housing
that meets applicable Federal standards for temporary labor
camps or secure housing that meets applicable local standards
for rental or public accommodation housing, or other
substantially similar class of habitation, or in the absence
of applicable local standards, State standards for rental or
public accommodation housing or other substantially similar
class of habitation. In the absence of applicable State or
local standards, Federal temporary labor camp standards shall
apply.
``(C) Certificate of inspection.--Prior to any occupation
by a worker in housing described in subparagraph (B), the
employer shall submit a certificate of inspection by an
approved Federal or State agency to the Secretary of Labor.
``(D) Workers engaged in the range production of
livestock.--The Secretary of Labor shall issue regulations
that address the specific requirements for the provision of
housing to workers engaged in the range production of
livestock.
``(E) Limitation.--Nothing in this paragraph shall be
construed to require an employer to provide or secure housing
for persons who were not entitled to such housing under the
temporary labor certification regulations in effect on June
1, 1986.
``(F) Housing allowance as alternative.--
``(i) In general.--The employer may provide a reasonable
housing allowance in lieu of offering housing under
subparagraph (A) if the requirement under clause (v) is
satisfied.
``(ii) Assistance to locate housing.--Upon the request of a
worker seeking assistance in locating housing, the employer
shall make a good-faith effort to assist the worker in
locating housing in the area of intended employment.
``(iii) Limitation.--A housing allowance may not be used
for housing which is owned or controlled by the employer. An
employer who offers a housing allowance to a worker, or
assists a worker in locating housing which the worker
occupies, pursuant to this clause shall not be deemed a
housing provider under section 203 of the Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823)
solely by virtue of providing such housing allowance.
``(iv) Reporting requirement.--The employer must provide
the Secretary of Labor with a list of the names of all
workers assisted under this subparagraph and the local
address of each such worker.
``(v) Certification.--The requirement of this clause is
satisfied if the Governor of the State certifies to the
Secretary of Labor that there is adequate housing available
in the area of intended employment for migrant farm workers,
and H-2A workers, who are seeking temporary housing while
employed at farm work. Such certification shall expire after
3 years unless renewed by the Governor of the State.
``(vi) Amount of allowance.--
``(I) Nonmetropolitan counties.--If the place of employment
of the workers provided an allowance under this subparagraph
is a nonmetropolitan county, the amount of the housing
allowance under this subparagraph shall be equal to the
statewide average fair market rental for existing housing for
nonmetropolitan counties for the State, as established by the
Secretary of Housing and Urban Development pursuant to
section 8(c) of the United States Housing Act of 1937 (42
U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an
assumption of 2 persons per bedroom.
``(II) Metropolitan counties.--If the place of employment
of the workers provided an allowance under this paragraph is
in a metropolitan county, the amount of the housing allowance
under this subparagraph shall be equal to the statewide
average fair market rental for existing housing for
metropolitan counties for the State, as established by the
Secretary of Housing and Urban Development pursuant to
section 8(c) of the United States Housing Act of 1937 (42
U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an
assumption of 2 persons per bedroom.
``(G) Exemption.--An employer applying for workers under
subsection (a) whose primary job site is located 150 miles or
less from the United States border shall not be required to
provide housing or a housing allowance.
``(4) Reimbursement of transportation.--
``(A) To place of employment.--
``(i) In general.--A worker who completes 50 percent of the
period of employment of the job opportunity for which the
worker was hired, measured from the worker's first day of
work in such employment, shall be reimbursed by the employer
for the cost of the worker's transportation and subsistence
from the place from which the worker was approved to enter
the United States to work for the employer (or place of last
employment, if the worker traveled from such place) to the
place of employment by the employer.
``(ii) Other fees.--The employer shall not be required to
reimburse visa, passport, consular, or international border-
crossing fees or any other fees associated with the worker's
lawful admission into the United States to perform employment
that may be incurred by the worker.
``(iii) Timely reimbursement.--Reimbursement to the worker
of expenses for the cost of the worker's transportation and
subsistence to the place of employment shall be considered
timely if such reimbursement is made not later than the
worker's first regular payday after the worker completes 50
percent of the period of employment of the job opportunity as
provided under this paragraph.
``(B) From place of employment.--A worker who completes the
period of employment for the job opportunity involved shall
be reimbursed by the employer for the cost of the worker's
transportation and subsistence from the place from which the
worker was approved to enter the United States to work for
the employer.
``(C) Limitation.--
``(i) Amount of reimbursement.--Except as provided in
clause (ii), the amount of reimbursement provided under
subparagraph (A) or (B) to a worker or alien shall not exceed
the lesser of--
[[Page S3704]]
``(I) the actual cost to the worker or alien of the
transportation and subsistence involved; or
``(II) the most economical and reasonable common carrier
transportation charges and subsistence costs for the distance
involved.
``(ii) Distance traveled.--No reimbursement under
subparagraph (A) or (B) shall be required if the distance
traveled is 100 miles or less or if the worker is not
residing in employer-provided housing or housing secured
through an allowance as provided in paragraph (3).
``(D) Early termination.--If the worker is laid off or
employment is terminated for contract impossibility (as
described in paragraph (5)(D)) before the anticipated ending
date of employment, the employer shall provide the
transportation and subsistence required by subparagraph (B)
and, notwithstanding whether the worker has completed 50
percent of the period of employment, shall provide the
transportation reimbursement required by subparagraph (A).
``(E) Transportation between living quarters and
worksite.--The employer shall provide transportation between
the worker's living quarters (such as housing provided by the
employer pursuant to paragraph (3), including housing
provided through a housing allowance) and the employer's
worksite without cost to the worker, and such transportation
will be in accordance with applicable laws and regulations.
``(5) Guarantee of employment.--
``(A) Offer to worker.--The employer shall guarantee to
offer the worker employment for the hourly equivalent of at
least 75 percent of the work days of the total period of
employment, beginning with the first work day after the
arrival of the worker at the place of employment and ending
on the expiration date specified in the job offer. For
purposes of this subparagraph, the hourly equivalent means
the number of hours in the work days as stated in the job
offer and shall exclude the worker's Sabbath and Federal
holidays. If the employer affords the United States or H-2A
worker less employment than that required under this
subparagraph, the employer shall pay such worker the amount
which the worker would have earned had the worker, in fact,
worked for the guaranteed number of hours.
``(B) Failure to work.--Any hours which the worker fails to
work, up to a maximum of the number of hours specified in the
job offer for a work day, when the worker has been offered an
opportunity to do so, and all hours of work actually
performed (including voluntary work in excess of the number
of hours specified in the job offer in a work day, on the
worker's Sabbath, or on Federal holidays) may be counted by
the employer in calculating whether the period of guaranteed
employment has been met.
``(C) Abandonment of employment; termination for cause.--If
the worker voluntarily abandons employment before the end of
the contract period, or is terminated for cause, the worker
is not entitled to the 75 percent guarantee described in
subparagraph (A).
``(D) Contract impossibility.--If, before the expiration of
the period of employment specified in the job offer, the
services of the worker are no longer required for reasons
beyond the control of the employer due to any form of natural
disaster (including a flood, hurricane, freeze, earthquake,
fire, or drought), plant or animal disease, pest infestation,
or regulatory action, before the employment guarantee in
subparagraph (A) is fulfilled, the employer may terminate the
worker's employment. In the event of such termination, the
employer shall fulfill the employment guarantee in
subparagraph (A) for the work days that have elapsed from the
first work day after the arrival of the worker to the
termination of employment. In such cases, the employer will
make efforts to transfer the United States worker to other
comparable employment acceptable to the worker.
``(n) Petitioning for Admission.--An employer, or an
association acting as an agent or joint employer for its
members, that seeks the admission into the United States of
an H-2A worker must file a petition with the Secretary of
Homeland Security. The petition shall include the
attestations for the certification described in section
101(a)(15)(H)(ii)(a).
``(o) Expedited Adjudication by the Secretary.--The
Secretary of Homeland Security--
``(1) shall establish a procedure for expedited
adjudication of petitions filed under subsection (n); and
``(2) not later than 7 working days after such filing
shall, by fax, cable, or other means assuring expedited
delivery transmit a copy of notice of action on the
petition--
``(A) to the petitioner; and
``(B) in the case of approved petitions, to the appropriate
immigration officer at the port of entry or United States
consulate where the petitioner has indicated that the alien
beneficiary or beneficiaries will apply for a visa or
admission to the United States.
``(p) Disqualification.--
``(1) Subject to paragraph (2), an alien shall be
considered inadmissible to the United States and ineligible
for nonimmigrant status under section 101(a)(15)(H)(ii)(a) if
the alien has, at any time during the past 5 years, violated
a term or condition of admission into the United States as a
nonimmigrant, including overstaying the period of authorized
admission.
``(2) Waivers.--
``(A) In general.--An alien outside the United States, and
seeking admission under section 101(a)(15)(H)(ii)(a), shall
not be deemed inadmissible under such section by reason of
paragraph (1) or section 212(a)(9)(B) if the previous
violation occurred on or before April 1, 2005.
``(B) Limitation.--In any case in which an alien is
admitted to the United States upon having a ground of
inadmissibility waived under subparagraph (A), such waiver
shall be considered to remain in effect unless the alien
again violates a material provision of this section or
otherwise violates a term or condition of admission into the
United States as a nonimmigrant, in which case such waiver
shall terminate.
``(q) Abandonment of Employment.--
``(1) In general.--An alien admitted or provided status
under section 101(a)(15)(H)(ii)(a) who abandons the
employment which was the basis for such admission or status
shall be considered to have failed to maintain nonimmigrant
status as an H-2A worker and shall depart the United States
or be subject to removal under section 237(a)(1)(C)(i).
``(2) Report by employer.--The employer (or association
acting as agent for the employer) shall notify the Secretary
of Homeland Security within 7 days of an H-2A worker's having
prematurely abandoned employment.
``(3) Removal by the secretary.--The Secretary of Homeland
Security shall promptly remove from the United States any H-
2A worker who violates any term or condition of the worker's
nonimmigrant status.
``(4) Voluntary termination.--Notwithstanding paragraph
(1), an alien may voluntarily terminate his or her employment
if the alien promptly departs the United States upon
termination of such employment.
``(r) Replacement of Alien.--
``(1) In general.--Upon presentation of the notice to the
Secretary of Homeland Security required by subsection (q)(2),
the Secretary of State shall promptly issue a visa to, and
the Secretary of Homeland Security shall admit into the
United States, an eligible alien designated by the employer
to replace an H-2A worker who abandons or prematurely
terminates employment.
``(2) Construction.--Nothing in this subsection shall limit
any preference required to be accorded United States workers
under any other provision of this Act.
``(s) Identification Document.--
``(1) In general.--The Department of Homeland Security
shall provide each alien authorized to be admitted under
section 101(a)(15)(H)(ii)(a) with a single machine-readable,
tamper-resistant, and counterfeit-resistant document that--
``(A) authorizes the alien's entry into the United States;
and
``(B) serves, for the appropriate period, as an employment
eligibility document.
``(2) Requirements.--No identification and employment
eligibility document may be issued which does not meet the
following requirements:
``(A) The document shall be capable of reliably determining
whether--
``(i) the individual with the identification and employment
eligibility document whose eligibility is being verified is
in fact eligible for employment;
``(ii) the individual whose eligibility is being verified
is claiming the identity of another person; and
``(iii) the individual whose eligibility is being verified
is authorized to be admitted into, and employed in, the
United States as an H-2A worker.
``(B) The document shall--
``(i) be compatible with other databases of the Secretary
of Homeland Security for the purpose of excluding aliens from
benefits for which they are not eligible and determining
whether the alien is unlawfully present in the United States;
and
``(ii) be compatible with law enforcement databases to
determine if the alien has been convicted of criminal
offenses.
``(t) Extension of Stay of H-2A Workers in the United
States.--
``(1) Extension of stay.--
``(A) In general.--An employer may seek up to 2 10-month
extensions under this subsection.
``(B) Petition.--If an employer seeks to employ an H-2A
worker who is lawfully present in the United States, the
petition filed by the employer or an association pursuant to
subsection (n) shall request an extension of the alien's
stay.
``(C) Commencement; maximum period.--An extension of stay
under this subsection--
``(i) may only commence upon the termination of the H-2A
worker's contract with an employer; and
``(ii) may not exceed 10 months unless the employer files a
written request for up to an additional 30 days accompanied
by justification that the need for such additional time is
necessitated by adverse weather conditions, acts of God, or
economic hardship beyond the control of the employer.
``(D) Future eligibility.--At the conclusion of 3 10-month
employment periods authorized under this section, the alien
so employed may not be employed in the United States as an H-
2A worker until the alien has returned to the alien's country
of nationality or country of last residence for not less than
6 months.
``(2) Work authorization upon filing petition for extension
of stay.--
``(A) In general.--An alien who is lawfully present in the
United States may commence or continue the employment
described in a petition under paragraph (1) on the date on
which the petition is filed. The employer
[[Page S3705]]
shall provide a copy of the employer's petition to the alien,
who shall keep the petition with the alien's identification
and employment eligibility document, as evidence that the
petition has been filed and that the alien is authorized to
work in the United States.
``(B) Approval.--Upon approval of a petition for an
extension of stay or change in the alien's authorized
employment, the Secretary of Homeland Security shall provide
a new or updated employment eligibility document to the alien
indicating the new validity date, after which the alien is
not required to retain a copy of the petition.
``(C) Definition.--In this paragraph, the term `file' means
sending the petition by certified mail via the United States
Postal Service, return receipt requested, or delivered by
guaranteed commercial delivery which will provide the
employer with a documented acknowledgment of the date of
receipt of the petition.
``(u) Special Rule for Aliens Employed as Sheepherders,
Goatherders, or Dairy Workers.--Notwithstanding any other
provision of this section, an alien admitted under section
101(a)(15)(H)(ii)(a) for employment as a sheepherder,
goatherder, or dairy worker may be admitted for a period of
up to 2 years.
``(v) Definitions.--For purposes of this section:
``(1) Area of employment.--The term `area of employment'
means the area within normal commuting distance of the
worksite or physical location where the work of the H-2A
worker is or will be performed. If such worksite or location
is within a Metropolitan Statistical Area, any place within
such area is deemed to be within the area of employment.
``(2) Eligible individual.--The term `eligible individual'
means, with respect to employment, an individual who is not
an unauthorized alien (as defined in section 274A(h)(3)) with
respect to that employment.
``(3) Displace.--In the case of a petition with respect to
1 or more H-2A workers by an employer, the employer is
considered to `displace' a United States worker from a job if
the employer lays off the worker from a job that is
essentially the equivalent of the job for which the H-2A
worker or workers is or are sought. A job shall not be
considered to be essentially equivalent of another job unless
it involves essentially the same responsibilities, was held
by a United States worker with substantially equivalent
qualifications and experience, and is located in the same
area of employment as the other job.
``(4) H-2a worker.--The term `H-2A worker' means a
nonimmigrant described in section 101(a)(15)(H)(ii)(a).
``(5) Lays off.--
``(A) In general.--The term `lays off', with respect to a
worker--
``(i) means to cause the worker's loss of employment, other
than through a discharge for inadequate performance,
violation of workplace rules, cause, voluntary departure,
voluntary retirement, or the expiration of a grant or
contract (other than a temporary employment contract entered
into in order to evade a condition described in paragraph (3)
or (7) of subsection (a); but
``(ii) does not include any situation in which the worker
is offered, as an alternative to such loss of employment, a
similar employment opportunity with the same employer (or, in
the case of a placement of a worker with another employer
under subsection (a)(7), with either employer described in
such subsection) at equivalent or higher compensation and
benefits than the position from which the employee was
discharged, regardless of whether or not the employee accepts
the offer.
``(B) Construction.--Nothing in this paragraph is intended
to limit an employee's rights under a collective bargaining
agreement or other employment contract.
``(6) Prevailing wage.--The term `prevailing wage' means,
with respect to an agricultural occupation in an area of
intended employment, the rate of wages that includes the 51st
percentile of employees with similar experience and
qualifications in the agricultural occupation in the area of
intended employment, expressed in terms of the prevailing
method of pay for the occupation in the area of intended
employment.
``(7) United states worker.--The term `United States
worker' means any worker, whether a United States citizen or
national, a lawfully admitted permanent resident alien, or
any other alien authorized to work in the relevant job
opportunity within the United States, except--
``(A) an alien admitted or otherwise provided status under
section 101(a)(15)(H)(ii)(a); and
``(B) an alien provided status under section 220.''.
SEC. 712. LEGAL ASSISTANCE PROVIDED BY THE LEGAL SERVICES
CORPORATION.
Section 305 of the Immigrant Reform and Control Act of 1986
(8 U.S.C. 1101 note) is amended--
(1) by striking ``A nonimmigrant'' and inserting the
following:
``(a) In General.--A nonimmigrant''; and
(2) by adding at the end the following:
``(b) Legal Assistance.--The Legal Services Corporation may
not provide legal assistance for or on behalf of any alien,
and may not provide financial assistance to any person or
entity that provides legal assistance for or on behalf of any
alien, unless the alien--
``(1) is present in the United States at the time the legal
assistance is provided; and
``(2) is an alien to whom subsection (a) applies.''
``(c) Required Mediation.--No party may bring a civil
action for damages on behalf of a nonimmigrant described in
section 101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) or pursuant
to those in the Blue Card Program established under section
220 of such Act, unless at least 90 days before bringing the
action a request has been made to the Federal Mediation and
Conciliation Service to assist the parties in reaching a
satisfactory resolution of all issues involving all parties
to the dispute and mediation has been attempted.''.
Subtitle B--Blue Card Status
SEC. 721. BLUE CARD PROGRAM.
(a) In General.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
adding at the end the following:
``BLUE CARD PROGRAM
``Sec. 220. (a) Definitions.--As used in this section--
``(1) the term `agricultural employment'--
``(A) means any service or activity that is considered to
be agricultural under section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural
labor under section 3121(g) of the Internal Revenue Code of
1986; and
``(B) includes any service or activity described in--
``(i) title 37, 37-3011, or 37-3012 (relating to
landscaping) of the Department of Labor 2004-2005
Occupational Information Network Handbook;
``(ii) title 45 (relating to farming fishing, and forestry)
of such handbook; or
``(iii) title 51, 51-3022, or 51-3023 (relating to meat,
poultry, fish processors and packers) of such handbook.
``(2) the term `blue card status' means the status of an
alien who has been--
``(A) lawfully admitted for a temporary period under
subsection (b); and
``(B) issued a tamper-resistant, machine-readable document
that serves as the alien's visa, employment authorization,
and travel documentation and contains such biometrics as are
required by the Secretary;
``(3) the term `employer' means any person or entity,
including any farm labor contractor and any agricultural
association, that employs workers in agricultural employment;
``(4) the term `Secretary' means the Secretary of Homeland
Security;
``(5) the term `small employer' means an employer employing
fewer than 500 employees based upon the average number of
employees for each of the pay periods for the preceding 10
calendar months, including the period in which the employer
employed H-2A workers; and
``(6) the term `United States worker' means any worker,
whether a United States citizen or national, a lawfully
admitted permanent resident alien, or any other alien
authorized to work in the relevant job opportunity within the
United States, except--
``(A) an alien admitted or otherwise provided status under
section 101(a)(15)(H)(ii)(a); and
``(B) an alien provided status under this section.
``(b) Blue Card Program.--
``(1) Blue card program.--Notwithstanding any other
provision of law, the Secretary shall confer blue card status
upon an alien who qualifies under this subsection if the
Secretary determines that the alien--
``(A) has been in the United States continuously as of
April 1, 2005;
``(B) has performed more than 50 percent of total annual
weeks worked in agricultural employment in the United States
(except in the case of a child provided derivative status as
of April 1, 2005);
``(C) is otherwise admissible to the United States under
section 212, except as otherwise provided under paragraph
(2); and
``(D) is the beneficiary of a petition filed by an
employer, as described in paragraph (3).
``(2) Waiver of certain grounds for inadmissibility.--In
determining an alien's eligibility for blue card status under
paragraph (1)(C)--
``(A) the provisions of paragraphs (5), (6)(A), (7)(A), and
(9)(B) of section 212(a) shall not apply;
``(B) the provisions of section 212(a)(6)(C) shall not
apply with respect to prior or current agricultural
employment; and
``(C) the Secretary may not waive paragraph (1), (2), or
(3) of section 212(a) unless such waiver is permitted under
another provision of law.
``(3) Petitions.--
``(A) In general.--An employer seeking blue card status
under this section for an alien employee shall file a
petition for blue card status with the Secretary.
``(B) Employer petition.--An employer filing a petition
under subparagraph (A) shall--
``(i) pay a registration fee of--
``(I) $1,000, if the employer employs more than 500
employees; or
``(II) $500, if the employer is a small employer employing
500 or fewer employees;
``(ii) pay a processing fee to cover the actual costs
incurred in adjudicating the petition; and
``(iii) attest that the employer conducted adequate
recruitment in the metropolitan statistical area of intended
employment before filing the attestation and was unsuccessful
in locating qualified United States workers for the job
opportunity for which
[[Page S3706]]
the certification is sought, which attestation shall be valid
for a period of 60 days.
``(C) Recruitment.--
``(i) The adequate recruitment requirement under
subparagraph (B)(iii) is satisfied if the employer--
``(I) places a job order with America's Job Bank Program of
the Department of Labor; and
``(II) places a Sunday advertisement in a newspaper of
general circulation or an advertisement in an appropriate
trade journal or ethnic publication that is likely to be
patronized by a potential worker in the metropolitan
statistical area of intended employment.
``(ii) An advertisement under clause (i)(II) shall--
``(I) name the employer;
``(II) direct applicants to report or send resumes, as
appropriate for the occupation, to the employer;
``(III) provide a description of the vacancy that is
specific enough to apprise United States workers of the job
opportunity for which certification is sought;
``(IV) describe the geographic area with enough specificity
to apprise applicants of any travel requirements and where
applicants will likely have to reside to perform the job;
``(V) state the rate of pay, which must equal or exceed the
wage paid for the occupation in the area of intended
employment; and
``(VI) offer wages, terms, and conditions of employment,
which are at least as favorable as those offered to the
alien.
``(D) Notification of denial.--The Secretary shall provide
notification of a denial of a petition filed for an alien to
the alien and the employer who filed such petition.
``(E) Effect of denial.--If the Secretary denies a petition
filed for an alien, such alien shall return to the country of
the alien's nationality or last residence outside the United
States.
``(4) Blue card status.--
``(A) Blue card.--
``(i) All-in-one card.--The Secretary, in conjunction with
the Secretary of State, shall develop a single machine-
readable, tamper-resistant document that--
``(I) authorizes the alien's entry into the United States;
``(II) serves, during the period an alien is in blue card
status, as an employment authorized endorsement or other
appropriate work permit for agricultural employment only; and
``(III) serves as an entry and exit document to be used in
conjunction with a proper visa or as a visa and as other
appropriate travel and entry documentation using biometric
identifiers that meet the biometric identifier standards
jointly established by the Secretary of State and the
Secretary.
``(ii) Biometrics.--
``(I) After a petition is filed by an employer and receipt
of such petition is confirmed by the Secretary, the alien, in
order to further adjudicate the petition, shall submit 2
biometric identifiers, as required by the Secretary, at an
Application Support Center.
``(II) The Secretary shall prescribe a process for the
submission of a biometric identifier to be incorporated
electronically into an employer's prior electronic filing of
a petition. The Secretary shall prescribe an alternative
process for employers to file a petition in a manner other
than electronic filing, as needed.
``(B) Document requirements.--The Secretary shall issue a
blue card that is--
``(i) capable of reliably determining if the individual
with the blue card whose eligibility is being verified is--
``(I) eligible for employment;
``(II) claiming the identify of another person; and
``(III) authorized to be admitted; and
``(ii) compatible with--
``(I) other databases maintained by the Secretary for the
purpose of excluding aliens from benefits for which they are
not eligible and determining whether the alien is unlawfully
present in the United States; and
``(II) law enforcement databases to determine if the alien
has been convicted of criminal offenses.
``(C) Authorized travel.--During the period an alien is in
blue card status granted under this section and pursuant to
regulations established by the Secretary, the alien may make
brief visits outside the United States. An alien may be
readmitted to the United States after such a visit without
having to obtain a visa if the alien presents the alien's
blue card document. Such periods of time spent outside the
United States shall not cause the period of blue card status
in the United States to be extended.
``(D) Portability.--
``(i) During the period in which an alien is in blue card
status, the alien issued a blue card may accept new
employment upon the Secretary's receipt of a petition filed
by an employer on behalf of the alien. Employment
authorization shall continue for such alien until such
petition is adjudicated.
``(ii) If a petition filed under clause (i) is denied and
the alien has ceased employment with the previous employer,
the authorization under clause (i) shall terminate and the
alien shall be required to return to the country of the
alien's nationality or last residence.
``(iii) A fee may be required by the Secretary to cover the
actual costs incurred in adjudicating a petition under this
subparagraph. No other fee may be required under this
subparagraph.
``(iv) A petition by an employer under this subparagraph
may not be accepted within 90 days after the adjudication of
a previous petition on behalf of an alien.
``(E) Annual check in.--The employer of an alien in blue
card status who has been employed for 1 year in blue card
status shall confirm the alien's continued employment status
with the Secretary electronically or in writing. Such
confirmation will not require a further labor attestation.
``(F) Termination of blue card status.--
``(i) During the period of blue card status granted an
alien, the Secretary may terminate such status upon a
determination by the Secretary that the alien is deportable
or has become inadmissible.
``(ii) The Secretary may terminate blue card status granted
to an alien if--
``(I) the Secretary determines that, without the
appropriate waiver, the granting of blue card status was the
result of fraud or willful misrepresentation (as described in
section 212(a)(6)(C)(i));
``(II) the alien is convicted of a felony or a misdemeanor
committed in the United States; or
``(III) the Secretary determines that the alien is
deportable or inadmissible under any other provision of this
Act.
``(5) Period of authorized admission.--
``(A) In general.--The initial period of authorized
admission for an alien with blue card status shall be not
more than 3 years. The employer of such alien may petition
for extensions of such authorized admission for 2 additional
periods of not more than 3 years each.
``(B) Exception.--The limit on renewals shall not apply to
a nonimmigrant in a position of full-time, non-temporary
employment who has managerial or supervisory
responsibilities. The employer of such nonimmigrant shall be
required to make an additional attestation to such an
employment classification with the filing of a petition.
``(C) Reporting requirement.--If an alien with blue card
status ceases to be employed by an employer, such employer
shall immediately notify the Secretary of such cessation of
employment. The Secretary shall provide electronic means for
making such notification.
``(D) Loss of employment.--
``(i) An alien's blue card status shall terminate if the
alien is unemployed for 60 or more consecutive days.
``(ii) An alien whose period of authorized admission
terminates under clause (i) shall be required to return to
the country of the alien's nationality or last residence.
``(6) Grounds for ineligibility.--
``(A) Bar to future visas for condition violations.--Any
alien having blue card status shall not again be eligible for
the same blue card status if the alien violates any term or
condition of such status.
``(B) Aliens unlawfully present.--Any alien who enters the
United States after April 1, 2005, without being admitted or
paroled shall be ineligible for blue card status.
``(C) Aliens in h-2a status.--Any alien in lawful H-2A
status as of April 1, 2005, shall be ineligible for blue card
status.
``(7) Bar on change or adjustment of status.--
``(A) In general.--An alien having blue card status shall
not be eligible to change or adjust status in the United
States or obtain a different nonimmigrant or immigrant visa
from a United States Embassy or consulate.
``(B) Loss of eligibility.--An alien having blue card
status shall lose eligibility for such status if the alien--
``(i) files a petition to adjust status to legal permanent
residence in the United States; or
``(ii) requests a consular processing for an immigrant visa
outside the United States.
``(C) Exception.--An alien having blue card status may not
adjust status to legal permanent resident status or obtain
another nonimmigrant or immigrant status unless--
``(i)(I) the alien renounces his or her blue card status by
providing written notification to the Secretary of Homeland
Security or the Secretary of State; or
``(II) the alien's blue card status otherwise expires; and
``(ii) the alien has resided and been physically present in
the alien's country of nationality or last residence for not
less than 1 year after leaving the United States and the
renouncement or expiration of blue card status.
``(8) Judicial review.--There shall be no judicial review
of a denial of blue card status.
``(c) Safe Harbor.--
``(1) Safe harbor of alien.--An alien for whom a
nonfrivolous petition is filed under this section--
``(A) shall be granted employment authorization pending
final adjudication of the petition;
``(B) may not be detained, determined inadmissible or
deportable, or removed pending final adjudication of the
petition for change in status, unless the alien commits an
act which renders the alien ineligible for such change of
status; and
``(C) may not be considered an unauthorized alien as
defined in section 274A(h)(3) until such time as the petition
for status is adjudicated.
``(2) Safe harbor for employer.--An employer that files a
petition for blue card status for an alien shall not be
subject to civil and criminal tax liability relating directly
to the employment of such alien. An employer that provides
unauthorized aliens with copies of employment records or
other
[[Page S3707]]
evidence of employment pursuant to the petition shall not be
subject to civil and criminal liability pursuant to section
274A for employing such unauthorized aliens.
``(d) Treatment of Spouses and Children.--
``(1) Spouses.--A spouse of an alien having blue card
status shall not be eligible for derivative status by
accompanying or following to join the alien. Such a spouse
may obtain status based only on an independent petition filed
by an employer petitioning under subsection (b)(3) with
respect to the employment of the spouse.
``(2) Children.--A child of an alien having blue card
status shall not be eligible for the same temporary status
unless--
``(A) the child is accompanying or following to join the
alien; and
``(B) the alien is the sole custodial parent of the child
or both custodial parents of the child have obtained such
status.''.
(b) Clerical Amendment.--The table of contents of the
Immigration and Nationality Act is amended by inserting after
the item relating to section 219 the following:
``Sec. 220. Blue card program.''.
SEC. 722. PENALTIES FOR FALSE STATEMENTS.
Section 1546 of title 18, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Any person, including the alien who is the
beneficiary of a petition, who--
``(1) files a petition under section 220(b)(3) of the
Immigration and Nationality Act; and
``(2)(A) knowingly and willfully falsifies, conceals, or
covers up a material fact related to such a petition;
``(B) makes any false, fictitious, or fraudulent statements
or representations, or makes or uses any false writing or
document knowing the same to contain any false, fictitious,
or fraudulent statement or entry related to such a petition;
or
``(C) creates or supplies a false writing or document for
use in making such a petition,
shall be fined in accordance with this title, imprisoned not
more than 5 years, or both.''.
SEC. 723. SECURING THE BORDERS.
Not later than 6 months after the date of enactment of this
Act, the Secretary of Homeland Security shall submit to
Congress a comprehensive plan for securing the borders of the
United States.
SEC. 724. EFFECTIVE DATE.
This subtitle shall take effect on the date that is 6
months after the date of enactment of this Act.
______
SA 433. Mr. CHAMBLISS submitted an amendment intended to be proposed
by him to the bill H.R. 1268, making emergency supplemental
appropriations for the fiscal year ending September 30, 2005, to
establish and rapidly implement regulations for State driver's license
and identification document security standards, to prevent terrorists
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious
construction of the San Diego border fence, and for other purposes;
which was ordered to lie on the table; as follows:
Sec. . Settlement of Claims.--It is the sense of the
Congress that the United States should--
(a) reach a settlement agreement with the Republic of Iraq
providing for fair and full compensation of any unresolved
claim of any United States national who was victimized by
acts of terrorism committed by the former Iraqi regime,
including hostage-taking and torture committed during the
period between the Iraqi invasion of Kuwait on August 2, 1990
and the conclusion of the First Persian Gulf War on February
25, 1991; and
(b) seek compensation from responsible parties for any
United States civilian who has been victimized by acts of
terror committee in response to U.S. foreign and military
policy in Iraq since March 21, 2003.
______
SA 434. Mr. CHAMBLISS submitted an amendment intended to be proposed
by him to the bill H.R. 1268, making emergency supplemental
appropriations for the fiscal year ending September 30, 2005, to
establish and rapidly implement regulations for State driver's license
and identification document security standards, to prevent terrorists
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious
construction of the San Diego border fence, and for other purposes;
which was ordered to lie on the table; as follows:
On page 231, between lines 3 and 4, insert the following:
diversity lottery visas
Sec. 6047. (a) Section 204(a)(1)(I)(ii) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)) is amended
by striking subclause (II) and inserting the following:
``(II) An alien who qualifies, through random selection,
for a visa under section 203(c) or adjustment of status under
section 245(a) shall remain eligible to receive such visa
beyond the end of the specific fiscal year for which the
alien was selected if the alien--
``(aa) properly applied for such visa or adjustment of
status during the fiscal year for which alien was selected;
and
``(bb) was notified by the Secretary of State, through the
publication of the Visa Bulletin, that the application was
authorized.''.
(b)(1) Notwithstanding any other provision of law, a visa
shall be available under section 203(c) of the Immigration
and Nationality Act (8 U.S.C. 1153(c)) if--
(A) such alien was eligible for and properly applied for an
adjustment of status during a fiscal year between 1998 and
2004;
(B) the application submitted by such alien was denied
because personnel of the Department of Homeland Security or
the Immigration and Naturalization Service failed to
adjudicate such application during the fiscal year in which
such application was filed;
(C) such alien moves to reopen such adjustment of status
applications pursuant to procedures or instructions provided
by the Secretary of Homeland Security or the Secretary of
State; and
(D) such alien has continuously resided in the United
States since the date of submitting such application.
(2) A visa made available under paragraph (1) may not be
counted toward the numerical maximum for the worldwide level
of set out in section 201(e) of the Immigration and
Nationality Act (8 U.S.C. 1151(e)).
(c) The amendment made by subsection (a) shall take effect
on October 1, 2005.
______
SA 435. Mrs. FEINSTEIN submitted an amendment intended to be proposed
to amendment SA 375 submitted by Mr. Craig) for himself and Mr.
Kennedy) and intended to be proposed to the bill H.R. 1268, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2005, to establish and rapidly implement regulations for
State driver's license and identification document security standards,
to prevent terrorists from abusing the asylum laws of the United
States, to unify terrorism-related grounds for inadmissibility and
removal, to ensure expeditious construction of the San Diego border
fence, and for other purposes; which was ordered to lie on the table;
as follows:
On page 6, line 12, strike ``(e)(2)'' and all that follows
through line 18, and insert the following: ``(e)(2); or
``(II) is convicted of a felony or misdemeanor committed in
the United States.''.
On page 16, line 2, strike ``(e)(2)'' and all that follows
through line 8, and insert the following: ``(e)(2); or
``(II) is convicted of a felony or misdemeanor committed in
the United States.''.
On page 18, line 16, strike ``(e)(2)'' and all that follows
through line 22, and insert the following: ``(e)(2); or
``(ii) is convicted of a felony or misdemeanor committed in
the United States.''.
______
SA 436. Mrs. FEINSTEIN submitted an amendment intended to be proposed
by her to the bill H.R. 1268, making emergency supplemental
appropriations for the fiscal year ending September 30, 2005, to
establish and rapidly implement regulations for State driver's license
and identification document security standards, to prevent terrorists
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious
construction of the San Diego border fence, and for other purposes;
which was ordered to lie on the table; as follows:
On page 13, strike line 5 and all that follows through page
14, line 23, and insert the following:
(i) Qualifying employment.--The alien has performed at
least 5 years of agricultural employment in the United
States, for at least 575 hours or 100 work days per year,
during the 6-year period beginning on the date of enactment
of this Act.
(ii) Application period.--The alien applies for adjustment
of status not later than 7 years after the date of enactment
of this Act.
(iii) Proof.--In meeting the requirements under clause (i),
an alien may submit the record of employment described in
subsection (a)(5) or such documentation as may be submitted
under subsection (d)(3).
(iv) Disability.--In determining whether an alien has met
the requirements under clause (i), the Secretary shall credit
the alien with any work days lost because the alien was
unable to work in agricultural employment due to injury or
disease arising out of and in the course of the alien's
agricultural employment, if the alien can establish such
disabling injury or disease through medical records.
______
SA 437. Mr. ROCKEFELLER submitted an amendment intended to be
proposed by him to the bill H.R. 1268, making emergency supplemental
appropriations for the fiscal year ending September 30, 2005, to
establish and rapidly implement regulations for
[[Page S3708]]
State driver's license and identification document security standards,
to prevent terrorists from abusing the asylum laws of the United
States, to unify terrorism-related grounds for inadmissibility and
removal, to ensure expeditious construction of the San Diego border
fence, and for other purposes; which was ordered to lie on the table;
as follows:
On page 231, after line 6, add the following:
SEC. 6047. SENSE OF SENATE ON SELECT COMMITTEE ON
INTELLIGENCE OF THE SENATE INVESTIGATION INTO
PRISONER DETENTION, INTERROGATION, AND
RENDITION POLICIES AND PRACTICES OF THE UNITED
STATES GOVERNMENT.
(a) Sense of Senate.--
(1) In general.--It is the sense of the Senate that the
Select Committee on Intelligence of the Senate should conduct
an investigation into, and study of, all matters relating to
the authorities, policies, and practices of the departments,
agencies, and other entities of the United States Government
on the detention, interrogation, or rendition of prisoners
for intelligence purposes (other than for purely domestic law
enforcement purposes), whether by such departments, agencies,
or entities themselves or in conjunction with any foreign
government or entity.
(2) Elements.--The investigation and study under paragraph
(1) should address and consider--
(A) the history of the authorities, policies, and practices
of the United States Government on the detention,
interrogation, or rendition of prisoners for intelligence
purposes before September 11, 2001, including--
(i) a review of any presidential or other authorities, and
other written guidance, before that date on the detention,
interrogation, or rendition of prisoners;
(ii) a review of any experience before that date with the
detention, interrogation, or rendition of prisoners; and
(iii) an assessment of the legality and efficacy of the
practices before that date with respect to the detention,
interrogation, and rendition of prisoners;
(B) all presidential and other authorities since September
11, 2001, on the detention, interrogation, or rendition of
prisoners for intelligence purposes;
(C) all legal opinions and memoranda of any official or
component of the Department of Justice since September 11,
2001 on the authorities, polices, or practices of the United
States Government with respect to the detention,
interrogation, or rendition of prisoners for intelligence
purposes;
(D) all legal opinions and memoranda of any official or
component of any other department, agency, or entity of the
United States Government since September 11, 2001 on
authorities, policies, or practices with respect to the
detention, interrogation, or rendition of prisoners for
intelligence purposes;
(E) all investigations and reviews conducted since
September 11, 2001 by any department, agency, or entity of
the United States Government, or by any nongovernmental
organization, on the authorities, policies, and practices of
the United States Government with respect to the detention,
interrogation, or rendition of prisoners for intelligence
purposes;
(F) all facts concerning the actual detention,
interrogation, or rendition of prisoners for intelligence
purposes by any department, agency, or other entity of the
United States Government since September 11, 2001;
(G) all facts concerning the knowledge of any department,
agency, or other entity of the United States Government of
the detention and interrogation methods of any foreign
government or entity to which persons detained by the
departments, agencies, or other entities of the United States
Government have been rendered;
(H) case studies and evaluations of the detention,
interrogation, or rendition of persons, including any methods
used and the reliability of the information obtained;
(I) all rules, practices, plans, and actual experiences on
the use of classified information in military tribunals,
commissions, or other proceedings on the detention, continued
detention, or military trials of detainees;
(J) all plans for the long-term detention, or for
prosecution by civilian courts or military tribunals or
commissions, of persons detained by any department, agency,
or other entity of the United States Government or of persons
who have been rendered by the United States Government to any
foreign government or entity; and
(K) any other matters that the Select Committee on
Intelligence of the Senate considers appropriate for the
investigation and study.
(b) Report.--
(1) In general.--The Select Committee on Intelligence of
the Senate should submit to the Senate, not later than six
months after the date of the enactment of this Act, a report
on the investigation and study under subsection (b).
(2) Elements.--The report under paragraph (1) should
include--
(A) such findings as the Select Committee on Intelligence
considers appropriate in light of the investigation and study
under that paragraph; and
(B) such recommendations, including recommendations for
legislative or administrative action, as the Select Committee
on Intelligence considers appropriate in light of the
investigation and study.
(3) Form.--The report under paragraph (1) should be
submitted in unclassified form, but may include a classified
annex.
______
SA. 438. Mr. COCHRAN (for Mr. Specter) proposed an amendment to the
bill H.R. 1268, making emergency supplemental appropriations for the
fiscal year ending September 30, 2005, to establish and rapidly
implement regulations for State driver's license and identification
document security standards, to prevent terrorists from abusing the
asylum laws of the United States, to unify terrorism-related grounds
for inadmissibility and removal, to ensure expeditious construction of
the San Diego border fence, and for other purposes; as follows:
On page 220, line 12, strike ``Section 101'' and insert
``Section 102'' in lieu thereof.
______
SA 439. Mr. CRAIG (for himself and Mr. Akaka) submitted an amendment
intended to be proposed by him to the bill H.R. 1268, making emergency
supplemental appropriations for the fiscal year ending September 30,
2005, to establish and rapidly implement regulations for State driver's
license and identification document security standards, to prevent
terrorists from abusing the asylum laws of the United States, to unify
terrorism-related grounds for inadmissibility and removal, to ensure
expeditious construction of the San Diego border fence, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. TRAUMATIC INJURY PROTECTION.
(a) In General.--Subchapter III of chapter 19, Title 38,
United States Code, is amended--
(1) in section 1965, by adding at the end the following:
``(11) The term `activities of daily living' means the
inability to independently perform 2 of the 6 following
functions:
``(A) Bathing.
``(B) Continence.
``(C) Dressing.
``(D) Eating.
``(E) Toileting.
``(F) Transferring.''; and
(2) by adding at the end the following:
``Sec. 1980A. Traumatic injury protection
``(a) A member who is insured under subparagraph (A)(i),
(B), or (C)(i) of section 1967(a)(1) shall automatically be
issued a traumatic injury protection rider that will provide
for a payment not to exceed $100,000 if the member, while so
insured, sustains a traumatic injury that results in a loss
described in subsection (b)(1). The maximum amount payable
for all injuries resulting from the same traumatic event
shall be limited to $100,000. If a member suffers more than 1
such loss as a result of traumatic injury, payment will be
made in accordance with the schedule in subsection (d) for
the single loss providing the highest payment.
``(b)(1) A member who is issued a traumatic injury
protection rider under subsection (a) is insured against--
``(A) total and permanent loss of sight;
``(B) loss of a hand or foot by severance at or above the
wrist or ankle;
``(C) total and permanent loss of speech;
``(D) total and permanent loss of hearing in both ears;
``(E) loss of thumb and index finger of the same hand by
severance at or above the metacarpophalangeal joints;
``(F) quadriplegia, paraplegia, or hemiplegia;
``(G) burns greater than second degree, covering 30 percent
of the body or 30 percent of the face; and
``(H) coma or the inability to carry out the activities of
daily living resulting from traumatic injury to the brain.
``(2) For purposes of this subsection--
``(A) the term `quadriplegia' means the complete and
irreversible paralysis of all 4 limbs;
``(B) the term `paraplegia' means the complete and
irreversible paralysis of both lower limbs; and
``(C) the term `hemiplegia' means the complete and
irreversible paralysis of the upper and lower limbs on 1 side
of the body.
``(3) In no case will a member be covered against loss
resulting from--
``(A) attempted suicide, while sane or insane;
``(B) an intentionally self-inflicted injury or any attempt
to inflict such an injury;
``(C) illness, whether the loss results directly or
indirectly;
``(D) medical or surgical treatment of illness, whether the
loss results directly or indirectly;
``(E) any infection other than--
``(i) a pyogenic infection resulting from a cut or wound;
or
``(ii) a bacterial infection resulting from ingestion of a
contaminated substance;
``(F) the commission of or attempt to commit a felony;
``(G) being legally intoxicated or under the influence of
any narcotic unless administered or consumed on the advice of
a physician; or
``(H) willful misconduct as determined by a military court,
civilian court, or administrative body.
[[Page S3709]]
``(c) A payment under this section may be made only if--
``(1) the member is insured under Servicemembers' Group
Life Insurance when the traumatic injury is sustained;
``(2) the loss results directly from that traumatic injury
and from no other cause; and
``(3) the member suffers the loss not later than 90 days
after sustaining the traumatic injury, except, if the loss is
quadriplegia, paraplegia, or hemiplegia, the member suffers
the loss not later than 365 days after sustaining the
traumatic injury.
``(d) Payments under this section for losses described in
subsection (b)(1) will be made in accordance with the
following schedule:
``(1) Loss of both hands, $100,000.
``(2) Loss of both feet, $100,000.
``(3) Inability to carry out activities of daily living
resulting from traumatic brain injury, $100,000.
``(4) Burns greater than second degree, covering 30 percent
of the body or 30 percent of the face, $100,000.
``(5) Loss of sight in both eyes, $100,000.
``(6) Loss of 1 hand and 1 foot, $100,000.
``(7) Loss of 1 hand and sight of 1 eye, $100,000.
``(8) Loss of 1 foot and sight of 1 eye, $100,000.
``(9) Loss of speech and hearing in 1 ear, $100,000.
``(10) Total and permanent loss of hearing in both ears,
$100,000.
``(11) Quadriplegia, $100,000.
``(12) Paraplegia, $75,000.
``(13) Loss of 1 hand, $50,000.
``(14) Loss of 1 foot, $50,000.
``(15) Loss of sight one eye, $50,000.
``(16) Total and permanent loss of speech, $50,000.
``(17) Loss of hearing in 1 ear, $50,000.
``(18) Hemiplegia, $50,000.
``(19) Loss of thumb and index finger of the same hand,
$25,000.
``(20) Coma resulting from traumatic brain injury, $50,000
at time of claim and $50,000 at end of 6-month period.
``(e)(1) During any period in which a member is insured
under this section and the member is on active duty, there
shall be deducted each month from the member's basic or other
pay until separation or release from active duty an amount
determined by the Secretary of Veterans Affairs as the
premium allocable to the pay period for providing traumatic
injury protection under this section (which shall be the same
for all such members) as the share of the cost attributable
to provided coverage under this section, less any costs
traceable to the extra hazards of such duty in the uniformed
services.
``(2) During any month in which a member is assigned to the
Ready Reserve of a uniformed service under conditions which
meet the qualifications set forth in section 1965(5)(B) of
this title and is insured under a policy of insurance
purchased by the Secretary of Veterans Affairs under section
1966 of this title, there shall be contributed from the
appropriation made for active duty pay of the uniformed
service concerned an amount determined by the Secretary of
Veterans Affairs (which shall be the same for all such
members) as the share of the cost attributable to provided
coverage under this section, less any costs traceable to the
extra hazards of such duty in the uniformed services. Any
amounts so contributed on behalf of any member shall be
collected by the Secretary of the concerned service from such
member (by deduction from pay or otherwise) and shall be
credited to the appropriation from which such contribution
was made in advance on a monthly basis.
``(3) The Secretary of Veterans Affairs shall determine the
premium amounts to be charged for traumatic injury protection
coverage provided under this section.
``(4) The premium amounts shall be determined on the basis
of sound actuarial principles and shall include an amount
necessary to cover the administrative costs to the insurer or
insurers providing such insurance.
``(5) Each premium rate for the first policy year shall be
continued for subsequent policy years, except that the rate
may be adjusted for any such subsequent policy year on the
basis of the experience under the policy, as determined by
the Secretary of Veterans Affairs in advance of that policy
year.
``(6) The cost attributable to insuring such member under
this section, less the premiums deducted from the pay of the
member's uniformed service, shall be paid by the Secretary of
Defense to the Secretary of Veterans Affairs. This amount
shall be paid on a monthly basis, and shall be due within 10
days of the notice provided by the Secretary of Veterans
Affairs to the Secretary of the concerned uniformed service.
``(7) The Secretary of Defense shall provide the amount of
appropriations required to pay expected claims in a policy
year, as determined according to sound actuarial principles
by the Secretary of Veterans Affairs.
``(8) The Secretary of Defense shall forward an amount to
the Secretary of Veterans Affairs that is equivalent to half
the anticipated cost of claims for the current fiscal year,
upon the effective date of this legislation.
``(f) The Secretary of Defense shall certify whether any
member claiming the benefit under this section is eligible.
``(g) Payment for a loss resulting from traumatic injury
will not be made if the member dies not more than 7 days
after the date of the injury. If the member dies before
payment to the member can be made, the payment will be made
according to the member's most current beneficiary
designation under Servicemembers' Group Life Insurance, or a
by law designation, if applicable.
``(h) Coverage for loss resulting from traumatic injury
provided under this section shall cease at midnight on the
date of the member's separation from the uniformed service.
Payment will not be made for any loss resulting from injury
incurred after the date a member is separated from the
uniformed services.
``(i) Insurance coverage provided under this section is not
convertible to Veterans' Group Life Insurance.''.
(b) Clerical Amendment.--The table of sections for chapter
19 of title 38, United States Code, is amended by adding
after the item relating to section 1980 the following:
``1980A. Traumatic injury protection. ''.
(c) Effective Date.--The amendments made by this section
shall take effect on the first day of the first month
beginning more than 120 days after the date of enactment of
this Act.
______
SA 440. Mr. BIDEN (for himself, Mr. Bingaman, and Mr. Carper)
submitted an amendment intended to be proposed by him to the bill H.R.
1268, making emergency supplemental appropriations for the fiscal year
ending September 30, 2005, to establish and rapidly implement
regulations for State driver's license and identification document
security standards, to prevent terrorists from abusing the asylum laws
of the United States, to unify terrorism-related grounds for
inadmissibility and removal, to ensure expeditious construction of the
San Diego border fence, and for other purposes; which was ordered to
lie on the table; as follows:
On page 169, between lines 8 and 9, insert the following:
force protection work and medical care at vaccine health care centers
Sec. 1122. (a) Increase in Amount for Defense Health
Program.--The amount appropriated by this chapter under the
heading ``Defense Health Program'' is hereby increased by
$6,000,000.
(b) Availability of Amount.--Of the amount appropriated or
otherwise made available by this chapter under the heading
``Defense Health Program'', as increased by subsection (a),
$6,000,000 shall be available for force protection work and
medical care at the Vaccine Health Care Centers.
(c) Offset.--The amount appropriated by chapter 2 of this
title under the heading ``Global War on Terror Partners
Fund'' is hereby reduced by $6,000,000.
______
SA 441. Mr. SANTORUM submitted an amendment intended to be proposed
by him to the bill H.R. 1268, making emergency supplemental
appropriations for the fiscal year ending September 30, 2005, to
establish and rapidly implement regulations for State driver's license
and identification document security standards, to prevent terrorists
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious
construction of the San Diego border fence, and for other purposes;
which was ordered to lie on the table; as follows:
On page 231, between lines 3 and 4, insert the following:
Sec. 6047. Notwithstanding any other provision of law,
funds that have been appropriated to and awarded by the
Secretary of Energy under the Clean Coal Power Initiative in
accordance with financial assistance solicitation number DE-
PS26-02NT41428 (as described in 67 Fed. Reg. 575) to
construct a Fischer-Tropsch coal-to-oil project may be used
by the Secretary to provide a loan guarantee for the project.
______
SA 442. Mr. REED (for himself, Ms. Snowe, Mr. Kennedy, Mr. Chafee,
and Mr. Kerry) submitted an amendment intended to be proposed by him to
the bill H.R. 1268, making emergency supplemental appropriations for
the fiscal year ending September 30, 2005, to establish and rapidly
implement regulations for State driver's license and identification
document security standards, to prevent terrorists from abusing the
asylum laws of the United States, to unify terrorism-related grounds
for inadmissibility and removal, to ensure expeditious construction of
the San Diego border fence, and for other purposes; which was ordered
to lie on the table; as follows:
On page 204, between lines 4 and 5, insert the following:
CHAPTER 5
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ``Operations, Research and
Facilities'', $1,000,000, to remain available until expended,
for the National Marine Fisheries Service to establish a
cooperative research program to study the
[[Page S3710]]
causes of lobster disease and the decline in the lobster
fishery in New England waters: Provided, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of the conference report
to accompany S. Con. Res. 95 (108th Congress).
______
SA 443. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill H.R. 1268, making emergency supplemental appropriations
for the fiscal year ending September 30, 2005, to establish and rapidly
implement regulations for State driver's license and identification
document security standards, to prevent terrorists from abusing the
asylum laws of the United States, to unify terrorism-related grounds
for inadmissibility and removal, to ensure expeditious construction of
the San Diego border fence, and for other purposes; which was ordered
to lie on the table; as follows:
On page 231, after line 3, insert the following:
AFFIRMING THE PROHIBITION ON TORTURE AND CRUEL, INHUMAN, OR DEGRADING
TREATMENT
Sec. 6047. (a)(1) None of the funds appropriated or
otherwise made available by this Act shall be obligated or
expended to subject any person in the custody or under the
physical control of the United States to torture or cruel,
inhuman, or degrading treatment or punishment that is
prohibited by the Constitution, laws, or treaties of the
United States.
(2) Nothing in this section shall affect the status of any
person under the Geneva Conventions or whether any person is
entitled to the protections of the Geneva Conventions.
(b) As used in this section--
(1) the term ``torture'' has the meaning given that term in
section 2340(1) of title 18, United States Code; and
(2) the term ``cruel, inhuman, or degrading treatment or
punishment'' means the cruel, unusual, and inhumane treatment
or punishment prohibited by the fifth amendment, eighth
amendment, or fourteenth amendment to the Constitution of the
United States.
______
SA 444. Mrs. BOXER (for herself and Mr. Bingaman) submitted an
amendment intended to be proposed by her to the bill H.R. 1268, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2005, to establish and rapidly implement regulations for
State driver's license and identification document security standards,
to prevent terrorists from abusing the asylum laws of the United
States, to unify terrorism-related grounds for inadmissibility and
removal, to ensure expeditious construction of the San Diego border
fence, and for other purposes; which was ordered to lie on the table;
as follows:
At the appropriate place, insert the following:
deployment of warlock systems and other field jamming systems
Sec. 1122. (a) Additional Amount for Other Procurement,
Army.--The amount appropriated by this chapter under the
heading ``Other Procurement, Army'' is hereby increased by
$35,000,000, with the amount of such increase designated as
an emergency requirement pursuant to section 402 of the
conference report to accompany S. Con. Res. 95 (108th
Congress).
(b) Availability of Funds.--Of the amount appropriated or
otherwise made available by this chapter under the heading
``Other Procurement, Army'', as increased by subsection (a),
$60,000,000 shall be available under the Tactical
Intelligence and Related Activities (TIARA) program to
facilitate the rapid deployment of Warlock systems and other
field jamming systems.
______
SA 445. Mr. REID proposed an amendment to the bill H.R. 1268, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2005, to establish and rapidly implement regulations for
State driver's license and identification document security standards,
to prevent terrorists from abusing the asylum laws of the United
States, to unify terrorism-related grounds for inadmissibility and
removal, to ensure expeditious construction of the San Diego border
fence, and for other purposes; as follows:
On page 183, after line 23, add the following new section:
INTERNATIONAL EFFORTS FOR RECONSTRUCTION IN IRAQ
Sec. 2105. (a) Congress makes the following findings:
(1) The United States Armed Forces have borne the largest
share of the burden for securing and stabilizing Iraq. Since
the war's start, more than 500,000 United States military
personnel have served in Iraq and, as of the date of the
enactment of this Act, more than 130,000 such personnel are
stationed in Iraq. Though the Department of Defense has kept
statistics related to international troop contributions
classified, it is estimated that all of the coalition
partners combined have maintained a total force level in Iraq
of only 25,000 troops since early 2003.
(2) United States taxpayers have borne the vast majority of
the financial costs of securing and reconstructing Iraq.
Prior to the date of the enactment of this Act, the United
States appropriated more than $175,000,000,000 for military
and reconstruction efforts in Iraq and, including the funds
appropriated in this Act, the amount appropriated for such
purposes increases to a total of more than $250,000,000,000.
(3) Of such total, Congress appropriated $2,475,000,000 in
the Emergency Wartime Supplemental Appropriations Act, 2003
(Public Law 108-11; 117 Stat. 559) (referred to in this
section as ``Public Law 108-11'') and $18,439,000,000 in the
Emergency Supplemental Appropriations Act for Defense and for
the Reconstruction of Iraq and Afghanistan, 2004 (Public Law
108-106; 117 Stat. 1209) (referred to in this section as
``Public Law 108-106'') under the heading ``Iraq relief and
reconstruction fund'' for humanitarian assistance and to
carry out reconstruction and rehabilitation in Iraq.
(4) The Sixth Quarterly Report required by section 2207 of
Public Law 108-106 (22 U.S.C. 2151 note), submitted by the
Secretary of State in April 2005, stated that $12,038,000,000
of the $18,439,000,000 appropriated by Public Law 108-106
under the heading ``Iraq relief and reconstruction fund'' had
been obligated and that only $4,209,000,000, less than 25
percent of the total amount appropriated, had actually been
spent.
(5) According to such report, the international community
pledged more than $13,500,000,000 in foreign assistance to
Iraq in the form of grants, loans, credits, and other
assistance. While the report did not specify how much of the
assistance is intended to be provided as loans, it is
estimated that loans constitute as much as 80 percent of
contributions pledged by other nations. The report further
notes that, as of the date of the enactment of this Act, the
international community has contributed only $2,700,000,000
out of the total pledged amount, falling far short of its
commitments.
(6) Iraq has the second largest endowment of oil in the
world and experts believe Iraq has the capacity to generate
$30,000,000,000 to $40,000,000,000 per year in revenues from
its oil industry. Prior to the launch of United States
operations in Iraq, members of the Administration stated that
profits from Iraq's oil industry would provide a substantial
portion of the funds needed for the reconstruction and relief
of Iraq and United Nations Security Council Resolution 1483
(2003) permitted the coalition to use oil reserves to finance
long-term reconstruction projects in Iraq.
(7) Securing and rebuilding Iraq benefits the people of
Iraq, the United States, and the world and all nations should
do their fair share to achieve that outcome.
(b) Notwithstanding any other provision of law, not more
than 50 percent of the previously appropriated Iraqi
reconstruction funds that have not been obligated or expended
prior to the date of the enactment of this Act may be
obligated or expended, as the case may be, for Iraq
reconstruction programs unless--
(1) the President certifies to Congress that all countries
that pledged financial assistance at the Madrid International
Conference on Reconstruction in Iraq or in other fora since
March 2003, for the relief and reconstruction of Iraq,
including grant aid, credits, and in-kind contributions, have
fulfilled their commitments; or
(2) the President--
(A) certifies to Congress that the President or his
representatives have made credible and good faith efforts to
persuade other countries that made pledges of financial
assistance at the Madrid International Conference on
Reconstruction in Iraq or in other fora to fulfill their
commitments;
(B) determines that, notwithstanding the efforts by United
States troops and taxpayers on behalf of the people of Iraq
and the failure of other countries to fulfill their
commitments, revenues generated from the sale of Iraqi oil or
other sources of revenue under the control of the Government
of Iraq may not be used to reimburse the Government of the
United States for the obligation and expenditure of a
significant portion of the remaining previously appropriated
Iraqi reconstruction funds;
(C) determines that, notwithstanding the failure of other
countries to fulfill their commitments as described in
subparagraph (A) and that revenues generated from the sale of
Iraqi oil or other sources of revenue under the control of
the government of Iraq shall not be used to reimburse the
United States government as described in subparagraph (B),
the obligation and expenditure of remaining previously
appropriated Iraqi reconstruction funds is in the national
security interests of the United States; and
(D) submits to Congress a written notification of the
determinations made under this paragraph, including a
detailed justification for such determinations, and a
description of the actions undertaken by the President or
other official of the United States to convince other
countries to fulfill their commitments described in
subparagraph (A).
(c) This section may not be superseded, modified, or
repealed except pursuant to a provision of law that makes
specific reference to this section.
(d) In this section:
[[Page S3711]]
(1) The term ``previously appropriated Iraqi reconstruction
funds'' means the aggregate amount appropriated or otherwise
made available in chapter 2 of title II of Public Law 108-106
under the heading ``Iraq relief and reconstruction fund'' or
under title I of Public Law 108-11 under the heading ``Iraq
relief and reconstruction fund''.
(2)(A) The term ``Iraq reconstruction programs'' means
programs to address the infrastructure needs of Iraq,
including infrastructure relating to electricity, oil
production, public works, water resources, transportation and
telecommunications, housing and construction, health care,
and private sector development.
(B) The term does not include programs to fund military
activities (including the establishment of national security
forces or the Commanders' Emergency Response Programs),
public safety (including border enforcement, police, fire,
and customs), and justice and civil society development.
______
SA 446. Mr. CHAMBLISS submitted an amendment intended to be proposed
by him to the bill H.R. 1268, making emergency supplemental
appropriations for the fiscal year ending September 30, 2005, to
establish and rapidly implement regulations for State driver's license
and identification document security standards, to prevent terrorists
from abusing the asylum laws of the United States, to unify terrorism-
related grounds for inadmissibility and removal, to ensure expeditious
construction of the San Diego border fence, and for other purposes;
which was ordered to lie on the table; as follows:
On page 231, between lines 3 and 4, insert the following:
Sec. 6047. Section 908(b)(1)(A) of the Trade Sanctions
Reform and Export Enhancement Act of 2000 (22 U.S.C.
7207(b)(1)(A)) is amended by inserting before the period at
the end the following: ``, which in this subsection means the
payment by the purchaser of an agricultural commodity or
product and the receipt of the payment by the seller prior
to--
``(i) the transfer of title of the commodity or product to
the purchaser; and
``(ii) the release of control of the commodity or product
to the purchaser.''.
____________________Legislative Activity
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Senate amendment submitted
April 14, 2005
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Senate amendment submitted
April 14, 2005
Floor
Senate amendment proposed (on the floor): Amendment SA 438 proposed by Senator Cochran for Senator Specter.(consideration: CR S3643; text: CR S3643)
April 14, 2005
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Senate amendment agreed to: Amendment SA 438 agreed to in Senate by Voice Vote.
April 14, 2005
Floor
Amendment SA 438 proposed by Senator Cochran for Senator Specter. (consideration: CR S3643; text: CR S3643) To make a technical correction to cite the proper section intended to repeal the Department of Labor's transfer authority.
April 14, 2005
Floor
Amendment SA 438 agreed to in Senate by Voice Vote.
April 14, 2005