S.Amdt. 455Senate109th Congress (2005-2007)
S.Amdt. 455
Sponsored by 
Sen. Tom Coburn (R-OK)
Sen. Tom Coburn (R-OK)Submitted April 15, 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 447. Mr. WYDEN (for himself, Mr. Smith, and Mrs. Murray) 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:
DEPARTMENT OF DEFENSE--CIVIL
Department of the Army
OPERATIONS AND MAINTENANCE, GENERAL
For an additional amount for the Secretary of the Army,
acting through the Chief of Engineers, for emergency repair
of the Fern Ridge Dam, Oregon, $31,000,000, to remain
available until expended: Provided, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
______
SA 448. Mr. COBURN 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 199, strike line 13 and all that follows through
page 200, line 13.
______
SA 449. Mr. COBURN 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 196, strike lines 4 through 17.
On page 202, strike lines 1 through 13.
______
SA 450. Mr. COBURN 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 166, strike lines 8 through 20.
______
SA 451. Mr. SCHUMER (for himself, Ms. Mikulski, Ms. Stabenow, Mr.
Dodd, Mrs. Boxer, Mr. Dorgan, Mr. Lieberman, Mrs. Clinton, Mr. Akaka,
Mr. Durbin, and Mrs. Feinstein) 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 231, between lines 3 and 4, insert the following:
Sec. 6047.(a) Congress finds that--
(1) the prices of gasoline and crude oil have a direct and
substantial impact on the financial well-being of families of
the United States, the potential for national economic
recovery, and the economic security of the United States;
(2) on April 12, 2005, crude oil prices closed at the
exceedingly high level of $51.86 per barrel and the price of
crude oil has remained above $50 per barrel since February
22, 2005;
(3) on April 11, 2005, the Energy Information
Administration announced that the national price of gasoline,
at $2.28 per gallon--
(A) had set a new record high for a 4th consecutive week;
(B) was $0.49 higher than last year; and
(C) could reach even higher levels in the near future;
(4) despite the severely high, sustained price of crude
oil--
(A) the Organization of Petroleum Exporting Countries
(referred to in this section as ``OPEC'') has refused to
adequately increase production to calm global oil markets and
officially abandoned its $22-$28 price target; and
(B) officials of OPEC member nations have publicly
indicated support for maintaining oil prices of $40-$50 per
barrel;
(5) the Strategic Petroleum Reserve (referred to in this
section as ``SPR'') was created to enhance the physical and
economic security of the United States;
(6) the law allows the SPR to be used to provide relief
when oil and gasoline supply shortages cause economic
hardship;
(7) the proper management of the resources of the SPR could
provide gasoline price relief to families of the United
States and provide the United States with a tool to
counterbalance OPEC supply management policies;
(8) the Administration's current policy of filling the SPR
despite the fact that the SPR
[[Page S3755]]
is more than 98 percent full has exacerbated the rising price
of crude oil and record high retail price of gasoline;
(9) in order to combat high gasoline prices during the
summer and fall of 2000, President Clinton released
30,000,000 barrels of oil from the SPR, stabilizing the
retail price of gasoline;
(10) increasing vertical integration has allowed--
(A) the 5 largest oil companies in the United States to
control almost as much crude oil production as the Middle
Eastern members of OPEC, over of domestic refiner capacity,
and over 60 percent of the retail gasoline market; and
(B) the top 10 oil companies in the world to make more than
$100,000,000,000 in profit and in some instances to post
record-breaking fourth quarter earnings that were in some
cases more than 200 percent higher than the previous year;
(11) the Administration has failed to manage the SPR in a
manner that would provide gasoline price relief to working
families; and
(12) the Administration has failed to adequately demand
that OPEC immediately increase oil production in order to
lower crude oil prices and safeguard the world economy.
(b) It is the sense of Congress that the President should--
(1) directly confront OPEC and challenge OPEC to
immediately increase oil production; and
(2) direct the Federal Trade Commission and Attorney
General to exercise vigorous oversight over the oil markets
to protect the people of the United States from price gouging
and unfair practices at the gasoline pump.
(c)(1) For the period beginning on the date of enactment of
this Act and ending on the date that is 30 days after the
date of enactment of this Act--
(A) deliveries of oil to the SPR shall be suspended; and
(B) 1,000,000 barrels of oil per day shall be released from
the SPR.
(2) If necessary to lower the burden of gasoline prices on
the economy of the United States and to circumvent the
efforts of OPEC to reap windfall crude oil profits, 1,000,000
barrels of oil per day shall be released from the Strategic
Petroleum Reserve for an additional 30 days.
______
SA 452. Mr. REED (for himself and Mr. Chafee) 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; as follows:
At the appropriate place, insert the following:
SEC. __. ADJUSTMENT OF STATUS.
(a) Adjustment of Status.--
(1) Eligibility.--The Secretary of Homeland Security
(referred to in this section as the ``Secretary'') shall
adjust the status of any alien described in subsection (b) to
that of an alien lawfully admitted for permanent residence,
if the alien--
(A) applies for adjustment before April 1, 2006; and
(B) is otherwise eligible to receive an immigrant visa, has
not been convicted of an aggravated felony (as defined in
section 101(a)(43) of the Immigration and Nationality Act),
and is otherwise admissible to the United States for
permanent residence, except that, in determining such
admissibility--
(i) the grounds of inadmissibility specified in paragraphs
(4), (5), (6)(A), and (7)(A) of section 212(a) of the
Immigration and Nationality Act shall not apply; and
(ii) the Secretary, in the unreviewable discretion of the
Secretary, may waive the grounds of inadmissibility specified
in paragraphs (1)(A)(i) and (6)(C) of such section 212(a) for
humanitarian purposes, to assure family unity, or when it is
otherwise in the public interest.
(2) Inapplicability of certain provisions.--
(A) In general.--In determining the eligibility of an alien
described in subsection (b) or (d) for adjustment of status
under this section or other relief necessary to establish
eligibility for such adjustment, the provisions of section
241(a)(5) of the Immigration and Nationality Act (8 U.S.C.
1231(a)(5)) shall not apply.
(B) Reapplication for admission.--An alien who would
otherwise be inadmissible under subparagraph (A) or (C) of
section 212(a)(9) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(9)) may apply for the Secretary's consent to
reapply for admission without regard to the requirement that
the consent be granted prior to the date of the alien's
reembarkation at a place outside the United States or attempt
to be admitted from foreign contiguous territory, in order to
qualify for the exception to those grounds of inadmissibility
set forth in subparagraphs (A)(iii) and (C)(ii) of such
section 212(a)(9).
(3) Relationship of application to certain orders.--
(A) In general.--An alien present in the United States who
has been ordered excluded, deported, removed, or to depart
voluntarily from the United States under any provision of the
Immigration and Nationality Act may, notwithstanding such
order, apply for adjustment of status under paragraph (1).
(B) Requirements.--An alien described in subparagraph (A)--
(i) may not be required, as a condition of submitting or
granting such application, to file a separate motion to
reopen, reconsider, or vacate the order described in
subparagraph (A); and
(ii) may be required to seek a stay of such order in
accordance with subsection (c) to prevent the execution of
that order pending the adjudication of the application for
adjustment of status.
(C) Effect of decision by secretary.--If the Secretary
denies a stay of a final order of exclusion, deportation, or
removal, or if the Secretary renders a final administrative
decision to deny the application for adjustment of status,
the order shall be effective and enforceable to the same
extent as if the application had not been made. If the
Secretary grants the application for adjustment of status,
the Secretary shall cancel the order.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--Except as provided under paragraphs (2)
and (3), the benefits provided under subsection (a) shall
apply to any alien who--
(A) is a national of Liberia; and
(B) has been physically present in the United States for a
continuous period, beginning not later than January 1, 2005,
and ending not earlier than the date on which the application
for adjustment under subsection (a) is filed.
(2) Effect of absences.--An alien described in paragraph
(1) shall not be considered to have failed to maintain
continuous physical presence by reason of an absence, or
absences, from the United States for any periods in the
aggregate not exceeding 180 days.
(3) Limitation.--Subsection (a) shall not apply to an alien
lawfully admitted for permanent residence, unless the alien
is applying for such relief in deportation or removal
proceedings.
(c) Stay of Removal and Work Authorization.--
(1) In general.--The Secretary shall provide, by
regulation, for an alien subject to a final order of
exclusion, deportation, or removal to seek a stay of such
order based on the filing of an application under subsection
(a). Nothing in this section shall require the Secretary to
stay the removal of an alien who is ineligible for adjustment
of status under this section.
(2) During certain proceedings.--Notwithstanding any
provision in the Immigration and Nationality Act, the
Secretary shall not order any alien to be removed from the
United States, if the alien is in exclusion, deportation, or
removal proceedings under any provision of such Act and has
applied for adjustment of status under subsection (a), except
if the Secretary has rendered a final administrative
determination to deny the application.
(3) Work authorization.--
(A) In general.--The Secretary may authorize an alien who
has applied for adjustment of status under subsection (a) to
engage in employment in the United States during the pendency
of such application and may provide the alien with an
``employment authorized'' endorsement or other appropriate
documentation signifying authorization of employment.
(B) Pending applications.--If an application under
subsection (a) is pending for a period exceeding 180 days and
has not been denied, the Secretary shall authorize such
employment.
(d) Spouses, Children, and Unmarried Sons and Daughters.--
(1) Adjustment of status.--The Secretary shall adjust the
status of any alien to that of an alien lawfully admitted for
permanent residence if--
(A) the alien is the spouse, child, or unmarried son or
daughter of an alien lawfully admitted for permanent
residence under subsection (a), if--
(i) in the case of such a spouse, stepchild, or unmarried
stepson or stepdaughter, the qualifying marriage was entered
into before the date of enactment of this Act; and
(ii) in the case of such an unmarried son or daughter, the
son or daughter is required to establish that he or she has
been physically present in the United States for a continuous
period, beginning not later than January 1, 2005, and ending
not earlier than the date the application for adjustment
under this subsection is filed, except that an alien shall
not be considered to have failed to maintain continuous
physical presence by reason of an absence, or absences, from
the United States for any periods in the aggregate not
exceeding 180 days;
(B) the alien entered the United States on or before the
date of enactment of this Act;
(C) the alien applies for such adjustment and is physically
present in the United States on the date the application is
filed;
(D) the alien is otherwise eligible to receive an immigrant
visa, has not been convicted of an aggravated felony (as
defined in section 101(a)(43) of the Immigration and
Nationality Act) and is otherwise admissible to the United
States for permanent residence, except in determining such
admissibility the grounds of inadmissibility specified in
paragraphs (4), (5), (6)(A), and (7)(A) of section
[[Page S3756]]
212(a) of the Immigration and Nationality Act shall not
apply, and the Secretary may, in his unreviewable discretion,
waive the grounds of inadmissibility specified in paragraphs
(1)(A)(i) and (6)(C) of such section 212(a) for humanitarian
purposes, to assure family unity, or when it is otherwise in
the public interest; and
(E) the alien applies for such adjustment before April 1,
2006.
(2) Eligibility of certain spouses and children for
issuance of immigrant visas.--
(A) In general.--In accordance with regulations to be
promulgated by the Secretary and the Secretary of State, upon
approval of an application for adjustment of status to that
of an alien lawfully admitted for permanent residence under
subsection (a), an alien who is the spouse or child of the
alien granted such status may be issued a visa for admission
to the United States as an immigrant following to join the
principal applicant, if the spouse or child--
(i) meets the requirements in subparagraph (A) and (D) of
paragraph (1); and
(ii) applies for such a visa within a time period to be
established by regulation.
(B) Fees.--
(i) In general.--The Secretary of State may retain fees to
recover the cost of immigrant visa application processing and
issuance for certain spouses and children of aliens whose
applications for adjustment of status under subsection (a)
have been approved.
(ii) Amount; availability.--Fees collected under this
subparagraph--
(I) shall be deposited as an offsetting collection to any
Department of State appropriation to recover the cost of such
processing and issuance; and
(II) shall be available until expended for the same
purposes of such appropriation to support consular
activities.
(e) Administrative Review.--The Secretary shall provide to
applicants for adjustment of status under this section the
same right to, and procedures for, administrative review as
are provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255); or
(2) aliens subject to removal proceedings under section 240
of such Act.
(f) Limitation on Judicial Review.--A determination by the
Secretary as to whether the status of any alien should be
adjusted under this section is final and shall not be subject
to review by any court.
(g) No Offset in Number of Visas Available.--If an alien is
granted the status of having been lawfully admitted for
permanent residence or an immigrant classification under this
section, the Secretary of State shall not be required to
reduce the number of immigrant visas authorized to be issued
under any provision of the Immigration and Nationality Act.
(h) Application of Immigration and Nationality Act
Provisions.--
(1) Definitions.--Except as otherwise specifically provided
in this section, the definitions contained in the Immigration
and Nationality Act shall apply in this section.
(2) Savings provision.--Nothing in this section shall be
construed to repeal, amend, alter, modify, effect, or
restrict the powers, duties, function, or authority of the
Secretary in the administration and enforcement of the
Immigration and Nationality Act or any other law relating to
immigration, nationality, or naturalization.
(3) Effect of eligibility for adjustment of status.--
Eligibility to be granted the status of having been lawfully
admitted for permanent residence under this section shall not
preclude an alien from seeking any status under any other
provision of law for which the alien may otherwise be
eligible.
(i) Admissions.--Nothing in this section shall be construed
as authorizing an alien to apply for admission to, be
admitted to, be paroled into, or otherwise return to the
United States, or to apply for or pursue an application for
adjustment of status under this section without the express
authorization of the Secretary.
______
SA 453. Mr. CRAIG (for himself, Mr. Baucus, Mr. Roberts, and Mr.
Enzi) 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:
Strike all after ``Sec.'' in the matter proposed to be
inserted and insert the following:
__. (a) Notwithstanding any other provision of law,
beginning in fiscal year 2005 and thereafter, none of the
funds made available by this or any other Act shall be used
to pay the salaries or expenses of any employee of any agency
or office to implement or enforce section 908(b)(1)(A) of the
Trade Sanctions Reform and Export Enhancement Act of 2000 (22
U.S.C. 7207(b)(1)(A)) or any other provision of law in a
manner other than a manner that permits payment by the
purchaser of an agricultural commodity or product to the
seller, and receipt of the payment by the seller, at any time
prior to--
(1) the transfer of the title of the commodity or product
to the purchaser; and
(2) the release of control of the commodity or product to
the purchaser.
(b) Notwithstanding any other provision of law, beginning
in fiscal year 2005 and thereafter, none of the funds made
available by this or any other Act shall be used to pay the
salaries or expenses of any employee of any agency or office
that refuses to authorize the issuance of a general license
for travel-related transactions listed in subsection (c) of
section 515.560 of title 31, Code of Federal Regulations, for
travel to, from, or within Cuba undertaken in connection with
sales and marketing, including the organization and
participation in product exhibitions, and the transportation
by sea or air of products pursuant to the Trade Sanctions
Reform and Export Enhancement Act of 2000.
(c) Notwithstanding any other provision of law, beginning
in fiscal year 2005 and thereafter, none of the funds made
available by this or any other Act shall be used to pay the
salaries or expenses of any employee of any agency or office
that restricts the direct transfers from a Cuban financial
institution to a United States financial institution executed
in payment for a product authorized for sale under the Trade
Sanctions Reform and Export Enhancement Act of 2000.
______
SA 454. Mr. SALAZAR 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:
REPORT ON AFGHAN SECURITY FORCES TRAINING
Sec. 1122. (a) Notwithstanding any other provision of law,
not later than 60 days after the date on which the initial
obligation of funds made available in this Act for training
Afghan security forces is made, the Secretary of Defense, in
conjunction with the Secretary of State, shall submit to the
appropriate congressional committees a report that includes
the following:
(1) An assessment of whether the individuals who are
providing training to Afghan security forces with assistance
provided by the United States have proven records of
experience in training law enforcement or security personnel.
(2) A description of the procedures of the Department of
Defense and Department of State to ensure that an individual
who receives such training--
(A) does not have a criminal background;
(B) is not connected to any criminal or terrorist
organization, including the Taliban;
(C) is not connected to drug traffickers; and
(D) meets certain age and experience standards;
(3) A description of the procedures of the Department of
Defense and Department of State that--
(A) clearly establish the standards an individual who will
receive such training must meet;
(B) clearly establish the training courses that will permit
the individual to meet such standards; and
(C) provide for certification of an individual who meets
such standards.
(4) A description of the procedures of the Department of
Defense and Department of State to ensure the coordination of
such training efforts between these two Departments.
(5) The number of trained security personnel needed in
Afghanistan, an explanation of how such number was
determined, and a schedule for training that number of
people.
(6) A description of the methods that will be used by the
Government of Afghanistan to maintain and equip such
personnel when such training is completed.
(7) A description of how such training efforts will be
coordinated with other training programs being conducted by
the governments of other countries or international
organizations in Afghanistan.
(b) Not less frequently than once each year the Secretary
of Defense, in conjunction with the Secretary of State, shall
submit a report to the appropriate congressional committees
that describes the progress made to meet the goals and
schedules set out in the report required by subsection (a).
(c) In this section the term ``appropriate congressional
committees'' means the Committee on Appropriations, the
Committee on Armed Services, and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations,
the Committee on Armed Services, and the Committee on
International Relations of the House of Representatives.
______
SA 455: Mr. COBURN submitted an amendment intended to be proposed by
[[Page S3757]]
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 208, strike lines 19 through 22.
______
SA 456. Mr. SESSIONS 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 183, after line 23, insert the following:
UNITED NATIONS HEADQUARTERS RENOVATION LOAN
Sec. 2105. (a) Notwithstanding any other provision of law,
and subject to subsection (b), no loan in excess of
$600,000,000 may be made available by the United States for
renovation of the United Nations headquarters building
located in New York, New York.
(b) No loan may be made available by the United States for
renovation of the United Nations headquarters building
located in New York, New York until after the date on which
the President certifies to Congress that the renovation
project has been fairly and competitively bid and that such
bid is a reasonable cost for the renovation project.
______
SA 457. 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 171, line 2 strike ``$150,000,000'' and all through
line 6 and insert in lieu thereof the following:
``$458,000,000 to remain available until expended: Provided,
That from this amount, to the maximum extent possible,
funding shall be restored to the previously approved fiscal
year 2005 programs under section 204(a)(2) of the
Agricultural Trade Development and Assistance Act of 1954:
Provided further, 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 458. 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 171, line 2 strike ``$150,000,000'' and all through
line 6 and insert in lieu thereof the following:
``$470,000,000 to remain available until expended:
Provided, That from this amount, to the maximum extent
possible, funding shall be restored to the previously
approved fiscal year 2005 programs under section 204(a)(2) of
the Agricultural Trade Development and Assistance Act of
1954: Provided further, 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 459. 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
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) Subsection (f)(1) of such section is amended in the
matter preceding subparagraph (A) by inserting ``appropriated
funds by the Coalition Provisional Authority in Iraq during
the period from May 1, 2003 through June 28, 2004 and'' after
``expenditure of''.
(c) Notwithstanding any other provision of law, 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 shall be available 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 460. 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 191, between lines 8 and 9, insert the following:
DEPARTMENT OF DEFENSE--CIVIL
Department of the Army
OPERATIONS AND MAINTENANCE, GENERAL
For an additional amount for the Secretary of the Army,
acting through the Chief of Engineers, for emergency work on
the Los Angeles-Long Beach Harbor, Mojave River Dam, Port San
Luis, and Santa Barbara Harbor, $7,500,000, to remain
available until expended: Provided, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
______
SA 461. 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 191, between lines 8 and 9, insert the following:
DEPARTMENT OF DEFENSE--CIVIL
Department of the Army
construction, GENERAL
The project for navigation, Los Angeles Harbor, California,
authorized by section 101(b)(5) of the Water Resources
Development Act of 2000 (114 Stat. 2577) is modified to
authorize the Secretary of the Army to carry out the project
at a total cost of $222,000,000.
______
SA 462. Mrs. FEINSTEIN submitted an amendment intended to be proposed
by her to the bill H.R. 1268, making
[[Page S3758]]
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 191, between lines 8 and 9, insert the following:
DEPARTMENT OF DEFENSE--CIVIL
Department of the Army
CONSTRUCTION, GENERAL
For an additional amount for the Secretary of the Army,
acting through the Chief of Engineers, for emergency
construction at Lower Santa Ana River Reaches 1 and 2 of the
Santa Ana River Project, Prado Dam of the Santa Ana River
Project, San Timoteo of the Santa Ana River Project, Murrieta
Creek, and Santa Paula Creek, $12,500,000, to remain
available until expended: Provided, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of the conference report to accompany
S. Con. Res. 95 (108th Congress).
______
SA 463. Mr. BYRD 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:
audits of defense contracts in iraq and afghanistan
Sec. 1122. (a)(1) Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Director of the Defense Contract Audit
Agency, shall submit to the Committee on Appropriations and
the Committee on Armed Services of the Senate and the
Committee on Appropriations and the Committee on Armed
Services of the House of Representatives a report that lists
and describes audits conducted by the Defense Contract Audit
Agency of task or delivery order contracts and other
contracts related to security and reconstruction activities
in Iraq and Afghanistan.
(2) The Secretary of Defense shall identify in the report
submitted under paragraph (1)--
(A) any such task or delivery order contract or other
contract that the Director of the Defense Contract Audit
Agency determines involves costs that are unjustified,
unsupported, or questionable, including any charges assessed
on goods or services not provided in connection with such
task or delivery order contract or other contract; and
(B) the amount of the unjustified, unsupported, or
questionable costs and the percentage of the total value of
such task or delivery order contract or other contract that
such costs represent.
(3) The Secretary of Defense shall submit to the Committee
on Appropriations and the Committee on Armed Services of the
Senate and the Committee on Appropriations and the Committee
on Armed Services of the House of Representatives an update
of the report submitted under paragraph (1) every 90 days
thereafter.
(b) In the event that any costs under a contract are
identified by the Director of the Defense Contract Audit
Agency as unjustified, unsupported, or questionable pursuant
to subsection (a)(2), the Secretary of Defense shall withhold
from amounts otherwise payable to the contractor under such
contract a sum equal to 115 percent of the total amount of
such costs.
(c) Upon a subsequent determination by the Director of the
Defense Contract Audit Agency that any unjustified,
unsupported, or questionable cost for which an amount payable
was withheld under subsection (b) has been justified,
supported, or answered, as the case may be, the Secretary of
Defense may release such amount for payment to the contractor
concerned.
(d) In each report or update submitted under subsection
(a), the Secretary of Defense shall describe each action
taken under subsection (b) or (c) during the period covered
by such report or update.
______
SA 464. Mr. BYRD 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:
requests for future funding for military operations in afghanistan and
iraq
Sec. 1122. (a) Findings.--The Senate makes the following
findings:
(1) The Department of Defense Appropriations Act, 2004
(Public Law 108-87) and the Department of Defense
Appropriations Act, 2005 (Public Law 108-287) each contain a
sense of the Senate provision urging the President to provide
in the annual budget requests of the President for a fiscal
year under section 1105(a) of title 31, United States Code,
an estimate of the cost of ongoing military operations in
Iraq and Afghanistan in such fiscal year.
(2) The budget for fiscal year 2006 submitted to Congress
by the President on February 7, 2005, requests no funds for
fiscal year 2006 for ongoing military operations in Iraq or
Afghanistan.
(3) According to the Congressional Research Service, there
exists historical precedent for including the cost of ongoing
military operations in the annual budget requests of the
President following initial funding for such operations by
emergency or supplemental appropriations Acts, including--
(A) funds for Operation Noble Eagle, beginning in the
budget request of President George W. Bush for fiscal year
2005;
(B) funds for operations in Kosovo, beginning in the budget
request of President George W. Bush for fiscal year 2001;
(C) funds for operations in Bosnia, beginning in budget
request of President Clinton for fiscal year 1997;
(D) funds for operations in Southwest Asia, beginning in
the budget request of President Clinton for fiscal year 1997;
(E) funds for operations in Vietnam, beginning in the
budget request of President Johnson for fiscal year 1966; and
(F) funds for World War II, beginning in the budget request
of President Roosevelt for fiscal year 1943.
(4) The Senate has included in its version of the fiscal
year 2006 budget resolution, which was adopted by the Senate
on March 17, 2005, a reserve fund of $50,000,000,000 for
overseas contingency operations, but the determination of
that amount could not take into account any Administration
estimate on the projected cost of such operations in fiscal
year 2006.
(5) In February 2005, the Congressional Budget Office
estimated that fiscal year 2006 costs for ongoing military
operations in Iraq and Afghanistan could total
$65,000,000,000.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) any request for funds for a fiscal year after fiscal
year 2006 for an ongoing military operation overseas,
including operations in Afghanistan and Iraq, should be
included in the annual budget of the President for such
fiscal year as submitted to Congress under section 1105(a) of
title 31, United States Code;
(2) the President should submit to Congress, not later than
September 1, 2005, an amendment to the budget of the
President for fiscal year 2006 that was submitted to Congress
under section 1105(a) of title 31, United States Code,
setting forth detailed cost estimates for ongoing military
operations overseas during such fiscal year; and
(3) any funds provided for a fiscal year for ongoing
military operations overseas should be provided in
appropriations Acts for such fiscal year through
appropriations to specific accounts set forth in such
appropriations Acts.
(c) Additional Requirements for Certain Reports.--(1) Each
semiannual report to Congress required under a provision of
law referred to in paragraph (2) shall include, in addition
to the matters specified in the applicable provision of law,
the following:
(A) A statement of the cumulative total of all amounts
obligated, and of all amounts expended, as of the date of
such report for Operation Enduring Freedom.
(B) A statement of the cumulative total of all amounts
obligated, and of all amounts expended, as of the date of
such report for Operation Iraqi Freedom.
(C) An estimate of the reasonably foreseeable costs for
ongoing military operations to be incurred during the 12-
month period beginning on the date of such report.
(2) The provisions of law referred to in this paragraph are
as follows:
(A) Section 1120 of the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of
Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat.
1219; 10 U.S.C. 113 note).
(B) Section 9010 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1008;
10 U.S.C. 113 note).
______
SA 465. Mr. BYRD (for himself, Mr. Craig, Mr. Dorgan, Mr. Baucus, Mr.
Leahy, Mrs. Feinstein, Mr. Obama, and Mr. Lieberman) submitted an
amendment intended to be proposed by him to the bill H.R. 1268, making
emergency supplemental appropriations for
[[Page S3759]]
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 187, after line 4, insert the following:
reduction in funding for diplomatic and consular programs
The amount for ``Diplomatic and Consular Programs'' under
chapter 2 of title II shall be $357,700,000.
Customs and Border Protection
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'', for
the hiring of Border Patrol agents and related mission
support expenses and continued operation of unmanned aerial
vehicles along the Southwest Border, $179,745,000, to remain
available until September 30, 2006.
Customs and Border Protection
Construction
For an additional amount for ``Construction'', $67,438,000,
to remain available until expended.
Immigration and Customs Enforcement
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'', for
the enforcement of immigration and customs laws, detention
and removal, and investigations, including the hiring of
immigration investigators, enforcement agents, and
deportation officers, and the provision of detention bed
space, $128,000,000, to remain available until September 30,
2006.
Federal Law Enforcement Training Center
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$10,471,000, to remain available until September 30, 2006.
acquisition, construction, improvements, and related expenses
For an additional amount ``Acquisition, Construction,
Improvements, and Related Expenses'', for the provision of
training at the Border Patrol Academy, $3,959,000, to remain
available until expended.
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Senate amendment submitted
April 15, 2005