Congressional Record, Volume 151 Issue 162 (Friday, December 16, 2005)

[Congressional Record Volume 151, Number 162 (Friday, December 16, 2005)]
[House]
[Pages H11968-H12014]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

BORDER PROTECTION, ANTITERRORISM, AND ILLEGAL IMMIGRATION CONTROL ACT
OF 2005

The SPEAKER pro tempore. Pursuant to House Resolution 621 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 4437.

{time} 1850

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (H.R. 4437) to amend the Immigration and Nationality Act to
strengthen enforcement of the immigration laws, to enhance border
security, and for other purposes, with Mr. Shimkus (Acting Chairman) in
the chair.
The Clerk read the title of the bill.
The Acting CHAIRMAN. When the Committee of the Whole rose earlier
today, amendment No. 11 printed in House Report 109-350 by the
gentleman from New York (Mr. Nadler) had been disposed of.

Sequential Votes Postponed in Committee of the Whole

The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments printed in House Report 109-350 on
which further proceedings were postponed, in the following order:
Amendment No. 1 by Mr. Goodlatte of Virginia.
Amendment No. 6 by Mr. Stearns of Florida.
Amendment No. 7 by Mr. Sensenbrenner of Wisconsin.
Amendment No. 9 by Mr. Norwood of Georgia.
The first electronic vote will be conducted as a 15-minute vote.
Remaining electronic votes will be conducted as 5-minute votes.

Amendment No. 1 Offered by Mr. Goodlatte

The Acting CHAIRMAN. The pending business is the demand for a
recorded vote on the amendment offered by the gentleman from Virginia
(Mr. Goodlatte) on which further proceedings were postponed and on
which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 273,
noes 148, not voting 12, as follows:

[Roll No. 653]

AYES--273

Aderholt
Akin
Alexander
Bachus
Baird
Baker
Barrow
Bartlett (MD)
Bass
Bean
Beauprez
Berman
Berry
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boucher
Boustany
Boyd
Bradley (NH)
Brady (TX)
Brown (OH)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cantor
Capito
Cardoza
Carter
Case
Castle
Chabot
Chandler
Chocola
Coble
Cole (OK)
Conaway
Cooper
Costa
Costello
Cramer
Crenshaw
Cubin
Cuellar
Culberson
Davis (FL)
Davis (KY)
Davis (TN)
Davis, Tom
Deal (GA)
DeFazio
DeLay
Dent
Dicks
Doolittle
Drake
Dreier
Duncan
Edwards
Ehlers
Emanuel
Emerson
English (PA)
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Green, Gene
Gutknecht
Hall
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Hobson
Hoekstra
Holden
Hooley
Hostettler
Hulshof
Hunter
Inglis (SC)
Issa
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kuhl (NY)
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
Matheson
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller, Gary
Moore (KS)
Moran (KS)
Moran (VA)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Obey
Osborne
Otter
Oxley
Paul
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (MI)
Rohrabacher
Ross
Royce
Ruppersberger
Ryan (WI)
Ryun (KS)
Sabo
Sanders
Saxton
Schmidt
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Smith (NJ)
Smith (TX)
Snyder
Sodrel
Souder
Spratt
Stearns
Strickland
Sullivan
Sweeney
Tancredo
Tanner
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thornberry
Tiahrt
Tiberi
Turner
Udall (CO)
Udall (NM)
Upton
Visclosky
Walden (OR)
Walsh
Wamp
Waxman
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)

NOES--148

Abercrombie
Ackerman
Allen
Andrews
Baca
Baldwin
Becerra
Berkley
Bishop (GA)
Bishop (NY)
Blumenauer
Boswell
Brady (PA)
Brown, Corrine
Butterfield
Cannon
Capps
Capuano
Cardin
Carnahan
Carson
Clay
Cleaver
Clyburn
Conyers
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Dingell
Doggett
Doyle
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Frank (MA)
Gonzalez
Green, Al
Grijalva
Gutierrez
Harman
Harris
Hastings (FL)
Higgins
Hinchey
Hinojosa
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kucinich
Langevin
Lantos
Larsen (WA)

[[Page H11969]]

Larson (CT)
Leach
Lee
Levin
Lewis (GA)
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Matsui
McCollum (MN)
McDermott
McGovern
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore (WI)
Murtha
Nadler
Neal (MA)
Oberstar
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Pelosi
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rogers (KY)
Ros-Lehtinen
Rothman
Roybal-Allard
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Schakowsky
Schiff
Scott (VA)
Serrano
Slaughter
Smith (WA)
Solis
Stark
Stupak
Tauscher
Thompson (MS)
Tierney
Towns
Van Hollen
Velazquez
Wasserman Schultz
Waters
Watson
Watt
Weiner
Wexler
Woolsey
Wu
Wynn

NOT VOTING--12

Barrett (SC)
Barton (TX)
Davis, Jo Ann
Diaz-Balart, M.
Hyde
Istook
Kolbe
LaHood
McCarthy
Napolitano
Payne
Young (FL)

Announcement by the Acting Chairman

The Acting CHAIRMAN (Mr. Shimkus) (during the vote). Members are
advised that 2 minutes remain in this vote.

{time} 1908

Mr. RUSH changed his vote from ``aye'' to ``no.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.

Amendment No. 6 Offered by Mr. Stearns

The Acting CHAIRMAN. The pending business is the demand for a
recorded vote on the amendment offered by the gentleman from Florida
(Mr. Stearns) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 420,
noes 0, not voting 13, as follows:

[Roll No. 654]

AYES--420

Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Andrews
Baca
Bachus
Baird
Baker
Baldwin
Barrow
Bartlett (MD)
Bass
Bean
Beauprez
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Carter
Case
Castle
Chabot
Chandler
Chocola
Clay
Cleaver
Clyburn
Coble
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Cramer
Crenshaw
Crowley
Cubin
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (KY)
Davis (TN)
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
DeLay
Dent
Diaz-Balart, L.
Dicks
Dingell
Doggett
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Feeney
Ferguson
Filner
Fitzpatrick (PA)
Flake
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Green, Al
Green, Gene
Grijalva
Gutierrez
Gutknecht
Hall
Harman
Harris
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Higgins
Hinchey
Hinojosa
Hobson
Hoekstra
Holden
Holt
Honda
Hooley
Hostettler
Hoyer
Hulshof
Hunter
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kucinich
Kuhl (NY)
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Maloney
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McKinney
McMorris
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Mica
Michaud
Millender-McDonald
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Myrick
Nadler
Neal (MA)
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Paul
Pearce
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Saxton
Schakowsky
Schiff
Schmidt
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Sodrel
Solis
Souder
Spratt
Stark
Stearns
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walden (OR)
Walsh
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Westmoreland
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Young (AK)

NOT VOTING--13

Barrett (SC)
Barton (TX)
Davis, Jo Ann
Diaz-Balart, M.
Hyde
Istook
Kolbe
LaHood
McCarthy
Napolitano
Payne
Weller
Young (FL)

Announcement by the Acting Chairman

The Acting CHAIRMAN (during the vote). Members are advised that 2
minutes remain in this vote.

{time} 1916

Mrs. JONES of Ohio changed her vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.

Amendment No. 7 Offered by Mr. Sensenbrenner

The Acting CHAIRMAN (Mr. Shimkus). The pending business is the demand
for a recorded vote on the amendment offered by the gentleman from
Wisconsin (Mr. Sensenbrenner) on which further proceedings were
postponed and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Parliamentary Inquiry

Mr. BERMAN. Mr. Chairman, parliamentary inquiry.
The Acting CHAIRMAN. The gentleman will state his inquiry.
Mr. BERMAN. Are we now voting on the Sensenbrenner amendment to
reduce the crimes on illegal immigrants?
The CHAIRMAN. Pending is the request for a recorded vote on amendment
No. 7 offered by the gentleman from Wisconsin (Mr. Sensenbrenner).
Mr. BERMAN. To soften the penalties?
The CHAIRMAN. The gentleman is not stating a parliamentary inquiry.

Recorded Vote

[[Page H11970]]

[Roll No. 655]

AYES--164

Aderholt
Akin
Alexander
Bachus
Baker
Barrow
Bartlett (MD)
Bass
Beauprez
Berry
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Bonilla
Bonner
Bono
Boustany
Bradley (NH)
Brady (TX)
Brown (SC)
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Castle
Chabot
Chocola
Coble
Cole (OK)
Crenshaw
Cubin
Davis (KY)
Deal (GA)
DeLay
Diaz-Balart, L.
Doolittle
Dreier
Edwards
Ehlers
Emerson
English (PA)
Everett
Feeney
Flake
Foley
Fortenberry
Fossella
Frelinghuysen
Garrett (NJ)
Gilchrest
Gillmor
Gingrey
Granger
Green (WI)
Gutknecht
Hall
Harris
Hastings (WA)
Hayes
Hefley
Hensarling
Hobson
Hoekstra
Hostettler
Hulshof
Inglis (SC)
Issa
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Keller
Kelly
Kennedy (MN)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Latham
Leach
Lewis (CA)
Linder
Lucas
Lungren, Daniel E.
Mack
Manzullo
Matheson
McCaul (TX)
McCrery
McKeon
McMorris
McNulty
Miller, Gary
Moore (KS)
Moran (KS)
Murphy
Musgrave
Myrick
Northup
Norwood
Nunes
Nussle
Osborne
Oxley
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Pombo
Pryce (OH)
Putnam
Radanovich
Regula
Reichert
Reynolds
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Schwarz (MI)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Simmons
Simpson
Smith (TX)
Souder
Spratt
Tancredo
Tanner
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weller
Westmoreland
Wicker
Wilson (NM)
Young (AK)

NOES--257

Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Bean
Becerra
Berkley
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Boehner
Boozman
Boren
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Brown-Waite, Ginny
Butterfield
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Carter
Case
Chandler
Clay
Cleaver
Clyburn
Conaway
Conyers
Cooper
Costa
Costello
Cramer
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
Davis, Tom
DeFazio
DeGette
Delahunt
DeLauro
Dent
Dicks
Dingell
Doggett
Doyle
Drake
Duncan
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Ferguson
Filner
Fitzpatrick (PA)
Forbes
Ford
Foxx
Frank (MA)
Franks (AZ)
Gallegly
Gerlach
Gibbons
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Hart
Hastings (FL)
Hayworth
Herger
Herseth
Higgins
Hinchey
Hinojosa
Holden
Holt
Honda
Hooley
Hoyer
Hunter
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
King (IA)
Kucinich
Kuhl (NY)
Langevin
Lantos
Larsen (WA)
Larson (CT)
LaTourette
Lee
Levin
Lewis (GA)
Lewis (KY)
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lynch
Maloney
Marchant
Markey
Marshall
Matsui
McCollum (MN)
McCotter
McDermott
McGovern
McHenry
McHugh
McIntyre
McKinney
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Mica
Michaud
Millender-McDonald
Miller (FL)
Miller (MI)
Miller (NC)
Miller, George
Mollohan
Moore (WI)
Moran (VA)
Murtha
Nadler
Neal (MA)
Neugebauer
Ney
Oberstar
Obey
Olver
Ortiz
Otter
Owens
Pallone
Pascrell
Pastor
Pelosi
Peterson (MN)
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Rahall
Ramstad
Rangel
Rehberg
Renzi
Reyes
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Saxton
Schakowsky
Schiff
Schmidt
Schwartz (PA)
Scott (GA)
Scott (VA)
Serrano
Sherman
Shuster
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Sodrel
Solis
Stark
Stearns
Strickland
Stupak
Sullivan
Sweeney
Tauscher
Taylor (MS)
Taylor (NC)
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Weldon (PA)
Wexler
Whitfield
Wilson (SC)
Wolf
Woolsey
Wu
Wynn

NOT VOTING--12

Barrett (SC)
Barton (TX)
Davis, Jo Ann
Diaz-Balart, M.
Hyde
Istook
Kolbe
LaHood
McCarthy
Napolitano
Payne
Young (FL)

Announcement by the Acting Chairman

The Acting CHAIRMAN (during the vote). Members are advised there are
2 minutes remaining in this vote.

{time} 1926

Mr. ABERCROMBIE and Mr. UDALL of Colorado changed their vote from
``aye'' to ``no.''
Mr. SHAYS changed his vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.

Amendment No. 9 Offered by Mr. Norwood

The Acting CHAIRMAN. The pending business is the demand for a
recorded vote on the amendment offered by the gentleman from Georgia
(Mr. Norwood) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

[Roll No. 656]

AYES--237

Aderholt
Akin
Alexander
Bachus
Baker
Barrow
Bartlett (MD)
Bass
Beauprez
Berry
Biggert
Bilirakis
Bishop (NY)
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cantor
Capito
Carter
Case
Chabot
Chandler
Chocola
Coble
Cole (OK)
Conaway
Cooper
Cramer
Crenshaw
Cubin
Culberson
Davis (KY)
Davis (TN)
Davis, Tom
Deal (GA)
DeFazio
DeLay
Dent
Doolittle
Drake
Dreier
Duncan
Edwards
Emerson
English (PA)
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Franks (AZ)
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Green (WI)
Gutknecht
Hall
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Higgins
Hobson
Hoekstra
Holden
Hooley
Hostettler
Hulshof
Hunter
Inglis (SC)
Israel
Issa
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Kanjorski
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kuhl (NY)
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
Matheson
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Otter
Paul
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Porter
Price (GA)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ross
Royce
Ryun (KS)
Saxton
Schmidt
Schwarz (MI)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (NJ)
Smith (TX)
Sodrel
Souder
Spratt
Stearns
Sullivan
Sweeney
Tancredo
Tanner
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Tiahrt
Tiberi
Turner
Udall (CO)
Upton
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (SC)
Wolf

NOES--180

Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Bean
Becerra
Berkley
Berman
Bishop (GA)
Blumenauer
Brady (PA)
Brown (OH)
Brown, Corrine
Butterfield
Cannon
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Castle
Clay
Cleaver
Clyburn
Conyers
Costa
Costello
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
DeGette
Delahunt
DeLauro
Diaz-Balart, L.

[[Page H11971]]

Dicks
Dingell
Doggett
Doyle
Ehlers
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Flake
Frank (MA)
Frelinghuysen
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Hastings (FL)
Hinchey
Hinojosa
Holt
Honda
Hoyer
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Matsui
McCollum (MN)
McDermott
McGovern
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murtha
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Pelosi
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Ros-Lehtinen
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (GA)
Scott (VA)
Serrano
Sherman
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Stark
Strickland
Stupak
Tauscher
Terry
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Wilson (NM)
Wu
Wynn
Young (AK)

NOT VOTING--16

Barrett (SC)
Barton (TX)
Davis, Jo Ann
Diaz-Balart, M.
Hyde
Istook
Jones (NC)
Kolbe
LaHood
McCarthy
Napolitano
Oxley
Payne
Pryce (OH)
Woolsey
Young (FL)

Announcement by the Acting Chairman

The Acting CHAIRMAN (Mr. Shimkus) (during the vote). Members are
advised 2 minutes remain in this vote.

{time} 1934

So the amendment was agreed to.
The result of the vote was announced as above recorded.

Amendment No. 12 Offered by Mrs. Myrick

Mrs. MYRICK. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN (Mr. Culberson). The Clerk will designate the
amendment.
The text of the amendment is as follows:

Amendment No. 12 printed in House Report 109-350 offered by
Mrs. Myrick:
In section 606, add at the end the following:
(c) Unauthorized Aliens Convicted of DWI.--Section
237(a)(2)(A)(iii) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(2)(A)(iii)) is amended by inserting ``other
than an unauthorized alien described in this clause'' after
``alien'' and by inserting at the end the following: ``In the
case of an unauthorized alien (as defined in section
274A(h)(3)), a first drunk driving conviction shall be deemed
to satisfy the definition of aggravated felony under section
101(a)(43)(F).''.
Strike section 606(a) and insert the following (and
redesignate subsequent subsections accordingly):
(a) In General.--Section 236 of the Immigration and
Nationality Act (8 U.S.C. 1226) is amended--
(1) in subsection (c)(1)--
(A) in subparagraph (C), by striking ``or'' at the end;
(B) in subparagraph (D), by inserting ``or'' at the end;
and
(C) by inserting after subparagraph (D) the following new
subparagraph:
``(E) is deportable on any grounds and is apprehended for
driving while intoxicated, driving under the influence, or
similar violation of State law (as determined by the
Secretary of Homeland Security) by a State or local law
enforcement officer covered under an agreement under section
287(g),'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection:
``(e) Driving While Intoxicated.--If a State or local law
enforcement officer apprehends an individual for an offense
described in subsection (c)(1)(E) and the officer has
reasonable ground to believe that the individual is an
alien--
``(1) the officer shall verify with the databases of the
Federal Government, including the National Criminal
Information Center and the Law Enforcement Support Center,
whether the individual is an alien and whether such alien is
unlawfully present in the United States; and
``(2) if any such database--
``(A) indicates that the individual is an alien unlawfully
present in the United States--
``(i) an officer covered under an agreement under section
287(g) is authorized to issue a Federal detainer to maintain
the alien in custody in accordance with such agreement until
the alien is convicted for such offense or the alien is
transferred to Federal custody;
``(ii) the officer is authorized to transport the alien to
a location where the alien can be transferred to Federal
custody and shall be removed from the United States in
accordance with applicable law; and
``(iii) the Secretary of Homeland Security shall reimburse
the State and local law enforcement agencies involved for the
costs of transporting aliens when such transportation is not
done in the course of their normal duties; or
``(B) indicates that the individual is an alien but is not
unlawfully present in the United States, the officer shall
take the alien into custody for such offense in accordance
with State law and shall promptly notify the Secretary of
Homeland Security of such apprehension and maintain the alien
in custody pending a determination by the Secretary with
respect to any action to be taken by the Secretary against
such alien.''.
(b) Deportation for DWI.--
(1) In general.--Section 237(a)(2) of such Act (8 U.S.C.
1227(a)(2)) is amended by adding at the end the following new
subparagraph:
``(F) Driving while intoxicated.--Any alien who is
convicted of driving while intoxicated, driving under the
influence, or similar violation of State law (as determined
by the Secretary of Homeland Security), or who refuses in
violation of State law to submit to a Breathalyzer test or
other test for the purpose of determining blood alcohol
content is deportable and shall be deported.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to violations or refusals occurring after the
date of the enactment of this Act.
(c) Sharing of Information by Motor Vehicle Administrators
Regarding DWI Convictions and Refusals.--Each State motor
vehicle administrator shall--
(1) share with the Secretary of Homeland Security
information relating to any alien who has a conviction or
refusal described in section 237(a)(2)(F) of the Immigration
and Nationality Act;
(2) share such information with other State motor vehicle
administrators through the Drivers License Agreement of the
American Association of Motor Vehicle Administrators; and
(3) enter such information into the NCIC in a timely
manner.
In section 608(b), amending section 237(a)(2) of the
Immigration and Nationality Act, strike `` `(F) criminal' ''
and insert `` `(G) criminal' ''.

Modification to Amendment No. 12 Offered by Mrs. Myrick

Mrs. MYRICK. Mr. Chairman, I ask unanimous consent that the amendment
be modified in the form I have sent to the desk.
The Acting CHAIRMAN. The Clerk will report the modification.
The Clerk read as follows:

Modification to amendment No. 12 offered by Mrs. Myrick of
North Carolina:
Strike section 606(a) and insert the following (and
redesignate subsequent subsections accordingly):
(a) In General.--Section 236 of the Immigration and
Nationality Act (8 U.S.C. 1226) is amended--
(1) in subsection (c)(1)--
(A) in subparagraph (C), by striking ``or'' at the end;
(B) in subparagraph (D), by inserting ``or'' at the end;
and
(C) by inserting after subparagraph (D) the following new
subparagraph:
``(E) is unlawfully present in the United States and who is
deportable on any grounds and is apprehended for any offense
described in section 237(a)(2)(F) by a State or local law
enforcement officer covered under an agreement under section
287(g),'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection:
``(e) Driving While Intoxicated.--If a State or local law
enforcement officer apprehends an individual for an offense
described in section 237(a)(2)(F) and the officer has
reasonable ground to believe that the individual is an
alien--
``(1) the officer shall verify with the databases of the
Federal Government, including the National Criminal
Information Center and the Law Enforcement Support Center,
whether the individual is an alien and whether such alien is
unlawfully present in the United States; and
``(2) if any such database--
``(A) indicates that the individual is an alien unlawfully
present in the United States--
``(i) an officer covered under an agreement under section
287(g) is authorized to issue a Federal detainer to maintain
the alien in custody in accordance with such agreement until
the alien is convicted for such offense or the alien is
transferred to Federal custody;
``(ii) the officer is authorized to transport the alien to
a location where the alien can be transferred to Federal
custody and shall be removed from the United States in
accordance with applicable law; and
``(iii) the Secretary of Homeland Security shall reimburse
the State and local law enforcement agencies involved for the
costs of transporting aliens when such transportation is not
done in the course of their normal duties; or
``(B) indicates that the individual is an alien but is not
unlawfully present in the

[[Page H11972]]

United States, the officer shall take the alien into custody
for such offense in accordance with State law and shall
promptly notify the Secretary of Homeland Security of such
apprehension and maintain the alien in custody pending a
determination by the Secretary with respect to any action to
be taken by the Secretary against such alien.''.
(b) Deportation for DWI.--
(1) In general.--Section 237(a)(2) of such Act (8 U.S.C.
1227(a)(2)) is amended by adding at the end the following new
subparagraph:
``(F) Driving while intoxicated and while unlawfully
present in the united states.--An alien--
``(i) who at the time the alien is unlawfully present in
the United States and who commits the offense of driving
while intoxicated, driving under the influence, or similar
violation of State law (as determined by the Secretary of
Homeland Security) and who is convicted of such offense, or
``(ii) who is unlawfully present in the United States and
who commits an offense by refusing in violation of State law
to submit to a Breathalyzer test or other test for the
purpose of determining blood alcohol content,

is deportable and shall be deported.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to violations or refusals occurring after the
date of the enactment of this Act.
(c) Sharing of Information by Motor Vehicle Administrators
Regarding DWI Convictions and Refusals.--Each State motor
vehicle administrator shall--
(1) share with the Secretary of Homeland Security
information relating to any alien who has a conviction or
refusal described in section 237(a)(2)(F) of the Immigration
and Nationality Act;
(2) share such information with other State motor vehicle
administrators through the Drivers License Agreement of the
American Association of Motor Vehicle Administrators; and
(3) enter such information into the NCIC in a timely
manner.
In section 608(b), amending section 237(a)(2) of the
Immigration and Nationality Act, strike `` `(F) criminal' ''
and insert `` `(G) criminal' ''.

Mrs. MYRICK (during the reading). Mr. Chairman, I ask unanimous
consent that the modification to the amendment be considered as read
and printed in the Record.
The Acting CHAIRMAN. Is there objection to the request of the
gentlewoman from North Carolina?
There was no objection.
The Acting CHAIRMAN. Without objection, the amendment is modified.
There was no objection.
The Acting CHAIRMAN. Pursuant to House Resolution 621, the
gentlewoman from North Carolina (Mrs. Myrick) and the gentlewoman from
California (Ms. Zoe Lofgren) each will control 5 minutes.
The Chair recognizes the gentlewoman from North Carolina.
Mrs. MYRICK. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I would like very much to thank Chairman Sensenbrenner
and Chairman King for their hard work in bringing this bill to the
floor and allowing my amendment. It is a commonsense enhancement to a
strong underlying bill.
On Saturday, July 16, Scott Gardner, a beloved school teacher in my
district, was killed by an illegal alien who was driving drunk. After
the wreck, it was discovered that the illegal alien already had five
prior drunk driving convictions; yet he was still on our roads and
still in our country. He should never have been allowed to stay in our
country after his drunk driving arrests.
Unfortunately, tragedies like this are happening all over the
country, and that is why my amendment is important.
Currently, the bill says all illegal aliens must be deported after
their third DWI conviction. My amendment requires the automatic
deportation of an illegal alien after their first DWI conviction
because it only takes one DWI to kill someone; ask Scott Gardner's
family.
Please note that this does not apply to legal immigrants; this is
only illegal aliens. This amendment also gives specially trained State
and locally trained local law enforcement officers the authority to
detain drunk driving illegal aliens so they cannot run from their court
dates and be free to drink and drive again, as is currently the case.
The amendment also allows these same officers to transport illegal
aliens into Federal custody so they can be deported, and they will be
reimbursed by the Department of Homeland Security for doing so.
Information on these illegal alien drunk drivers will be reported to
the Department of Homeland Security, the National Criminal Information
Center, and the Driver License Agreement of the American Association of
Motor Vehicle Administrators. The authorities and information
collection will give us another tool to use against criminal illegal
aliens who continue to break our laws and threaten our safety.
By passing this amendment today, we will be sending a strong message
that we will no longer tolerate criminal actions by illegal aliens.
You drink, you drive, you are illegal, you are deported. Period.
Mr. SENSENBRENNER. Mr. Chairman, will the gentlewoman yield?
Mrs. MYRICK. I yield to the gentleman from Wisconsin.
(Mr. SENSENBRENNER asked and was given permission to revise and
extend his remarks.)
Mr. SENSENBRENNER. Mr. Chairman, I rise in support of the amendment.
Recent news reports have underscored the tragic cost inflicted by
aliens who have taken lives while driving drunk or while intoxicated.
Two cases from North Carolina have highlighted this problem. In each,
the alien driver has been charged with drinking and killing another
driver. Authorities have alleged that a Gaston County teacher was
killed in July by an illegal Mexican national with five previous DWI
charges. That alien has been charged with DWI and second degree murder.
The police have also reported that a UNC Charlotte student was killed
in November by an illegal Mexican national who reportedly had two prior
impaired-driving arrests and had drunk six beers before the accident.
That alien, who had previously been sent back to Mexico 17 times, was
also charged with second-degree murder.
Despite the risks posed by drunk drivers, this offense is not
currently a ground of removal. The bill I introduced that we are
considering today requires the deportation of aliens convicted of three
or more drunk driving offenses.
The bill establishes a policy of three strikes and you are out for
all noncitizens who are convicted of drunk driving--removal without
exception. Representative Myrick's amendment provides for the mandatory
detention and removal of illegal aliens who are convicted of drunk
driving.
Second, the amendment mandates the detention of any deportable alien
who is apprehended for drunk driving.
Third, the amendment makes a conviction of drunk driving a deportable
offense for any alien, but still leaves open the availability of
cancellation of removal by an immigration judge.
Fourth, if a local law enforcement officer apprehends an illegal
alien for drunk driving, DHS shall reimburse the local agency for the
costs of transporting the alien to Federal custody.
Finally, State motor vehicle administrators shall share with DHS and
other States and the national criminal information center database
information about aliens who have been convicted of drunk driving.
Ms. ZOE LOFGREN of California. Mr. Chairman, I yield 2 minutes to the
co-author of the amendment, the gentleman from North Carolina (Mr.
McIntyre).
Mr. McINTYRE. Mr. Chairman, I rise in strong support of this
amendment, and I thank Mrs. Myrick for her work on this legislation.
Unfortunately, a recent tragedy in my home district in southeastern
North Carolina makes clear the need for strengthening our immigration
laws in this type of situation.
On July 16, Scott Gardner, a constituent of Mrs. Myrick, was killed
in my district while traveling with his family to go to the beach on
vacation. He was killed by a drunk driver, an illegal immigrant who
should never have been in this country in the first place, not just
because he came here illegally, but because he had already broken the
law three times and was still in our country.
Prior to killing Scott Gardner, this illegal alien had been charged
with driving under the influence of alcohol on three separate
occasions. But rather than being deported for breaking the law a third
time, this illegal immigrant was sentenced to just 30 days in jail and
then released back into society.
The tragedy the Gardner family experienced personifies the need for
expanding efforts to stop illegal immigration and improve our border
control. It is time to send a clear message to those who would break
our laws and put our Nation's citizens at risk. You are drunk, you are
driving, you are illegal, you are deported.
We must honor the family of Scott Gardner and others like him by
passing

[[Page H11973]]

this amendment. It is important to pass this amendment now before
another family suffers such an unfortunate tragedy.
Ms. ZOE LOFGREN of California. Mr. Chairman, I yield 1 minute to the
gentleman from South Carolina (Mr. Spratt).
Mr. SPRATT. Mr. Chairman, the gentlewoman who is the sponsor of this
amendment, Mike McIntyre, and I all live in the same part of the
country; and we have all seen this tragedy. Scott Gardner is from my
hometown, York, South Carolina. I know his parents.
In addition to that, there was another incident in Lancaster County,
someone driving drunk swerved across the road, killed the other person,
got out on bail, jumped bail, and is gone. And then recently on the
interstate, I-485 in Charlotte, another incident where someone got on
the interstate, an illegal alien, and had a head-on collision with a
car going in the wrong direction.
This is tough, one violation; but it is tough, too, when you see
Scott Gardner's family. You understand the circumstances they have gone
through, and they wonder how in the world someone can stay in this
country with an illegal status and five DWIs.
This maybe goes a little far to the other extreme, but it begs the
question, should we not hold everyone who is here to at least basic
standards of behavior? And should we not apply that standard to illegal
aliens?
Ms. ZOE LOFGREN of California. Mr. Chairman, I yield myself such time
as I may consume.
I will support this amendment, and I was very sad to hear about the
tragic situation that the Members have spoken of where a family was so
devastated.
I would just like to note that when you look at the current
Immigration Nationality Act, that individual should have been deported
anyhow.
I do not mind changing law, even if it is redundant. I have never
fallen prey to the argument that a redundancy is necessarily wrong. But
I think it points out some of the discussions we had yesterday. We are
working on a law here, but the real issue is the failure of the Bush
administration to enforce the current law.
If we had the institutional removal program operating the way it used
to, this person who killed people while driving drunk would not have
been in this country. That person would have been deported.
So as I say, I do not object to the amendment. I appreciate the
clarification because I think that was an important clarification, but
it does once again point out the real ineptitude of the Department.
I remember watching just stunned after Hurricane Katrina came and
devastated Louisiana and saying how inept is FEMA. I hate to admit it,
but many of the elements of the Department of Homeland Security are
just as inept as what we saw at that time, and the immigration
functions are prime among them.
I worry that there are some things in this measure that are
completely wrong-headed and there are some things in the bill that make
some sense. The things that make sense will not be accomplished because
the administration is so poor, they are so inept, they are so pathetic
that they actually cannot administer the law.

{time} 1945

As I say, I commend the gentlewoman and my colleague for bringing
this amendment. I will vote for it. But, again, this will not solve the
problem, which is basically incompetence in the administration.
Mr. Chairman, I yield back the balance of my time.
Mrs. MYRICK. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN (Mr. Culberson). The question is on the
amendment, as modified, offered by the gentlewoman from North Carolina
(Mrs. Myrick).
The amendment, as modified, was agreed to.

Amendment No. 13 Offered by Mr. Shadegg

Mr. SHADEGG. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 13 printed in House Report 109-350 offered by
Mr. Shadegg:
At the end of title VI, add the following new section:

SEC. 6__. INCREASED CRIMINAL PENALTIES FOR DOCUMENT FRAUD AND
CRIMES OF VIOLENCE.

(a) Document Fraud.--Section 1546 of title 18, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking ``not more than 25 years'' and inserting
``not less than 25 years''
(B) by inserting ``and if the terrorism offense resulted in
the death of any person, shall be punished by death or
imprisoned for life,'' after ``section 2331 of this
title)),'';
(C) by striking ``20 years'' and inserting ``imprisoned not
more than 40 years'';
(D) by striking ``10 years'' and inserting ``imprisoned not
more than 20 years''; and
(E) by striking ``15 years'' and inserting ``imprisoned not
more than 25 years''; and
(2) in subsection (b), by striking ``5 years'' and
inserting ``10 years''.
(b) Crimes of Violence.--
(1) In general.--Title 18, United States Code, is amended
by inserting after chapter 51 the following:

``CHAPTER 52--ILLEGAL ALIENS

``Sec.
``1131. Enhanced penalties for certain crimes committed by illegal
aliens.

``Sec. 1131. Enhanced penalties for certain crimes committed
by illegal aliens

``(a) Any alien unlawfully present in the United States,
who commits, or conspires or attempts to commit, a crime of
violence or a drug trafficking offense (as defined in section
924), shall be fined under this title and sentenced to not
less than 5 years in prison.
``(b) If an alien who violates subsection (a) was
previously ordered removed under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) on the grounds of
having committed a crime, the alien shall be sentenced to not
less than 15 years in prison.
``(c) A sentence of imprisonment imposed under this section
shall run consecutively to any other sentence of imprisonment
imposed for any other crime.''.
(2) Clerical amendment.--The table of chapters at the
beginning of part I of title 18, United States Code, is
amended by inserting after the item relating to chapter 51
the following:

``52. Illegal aliens........................................1131''.....

The Acting CHAIRMAN. Pursuant to House Resolution 621, the gentleman
from Arizona (Mr. Shadegg) and the gentlewoman from Texas (Ms. Jackson-
Lee) each will control 5 minutes.
The Chair recognizes the gentleman from Arizona.
Mr. SHADEGG. Mr. Chairman, I yield myself such time as I might
consume.
(Mr. SHADEGG asked and was given permission to revise and extend his
remarks.)
Mr. SHADEGG. This amendment is simple and straightforward. It does
two things. First, it increases the penalty for document fraud, and,
second, it imposes a mandatory minimum sentence on any illegal alien
convicted of either a crime of violence or a drug trafficking offense.
Mr. Chairman, document fraud is a key component of the activities of
human smugglers and human traffickers. These smugglers, many of them
present in trafficking through my State of Arizona, create false Social
Security cards, false green cards, visas and a variety of other
fraudulent documents as an essential part of their smuggling
activities.
Yet, under current law, the penalty for these crimes is insufficient
to deter this type of activity. The amendment increases the penalties
for document fraud, first, committed to facilitate a crime of
international terrorism by imposing a minimum sentence of 25 years. It
also increases the penalty for document fraud committed to facilitate
drug trafficking, and it increases the penalty for document fraud; that
is, the creating of these type of documents fraudulently in connection
with other activities, including human smuggling.
It is widely reported that many Mexican organized crime syndicates
have shifted much of their activity from drug smuggling to human
smuggling and human trafficking, specifically because the penalties for
human smuggling and human trafficking and for the related offense to
which this amendment is directed, document fraud, are much lower, yet
they can achieve the same profit.
The penalties for committing these offenses, for creating these false
crimes, must be significant, and they must be sufficiently high to
deter this type of activity.
Second, the amendment imposes minimum-mandatory sentences of 5 years
on any illegal alien convicted of either a crime of violence here in
the United States or drug trafficking.

[[Page H11974]]

Under current law, there is no additional penalty for someone who
enters the United States illegally and then commits either a crime of
violence or a drug trafficking offense. They simply come under the same
penalty as we have in current law.
What this amendment does is add a minimum mandatory sentence to be
imposed on top of the sentence for the crime. It is unacceptable for
somebody to come to our country illegally and then prey on an American
citizen and not receive a severe penalty. We must send a very clear
message that if you enter our country illegally and then you commit one
of these offenses, you will be dealt with harshly and you will pay a
heavy price for your conduct.
I would like to thank Chairman Sensenbrenner and Chairman King for
their work on this legislation. I urge my colleagues to support it.
Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
Mr. SHADEGG. I yield to the gentleman from Wisconsin.
(Mr. SENSENBRENNER asked and was given permission to revise and
extend his remarks.)
Mr. SENSENBRENNER. Mr. Chairman, I rise in support of the gentleman's
amendment.
One of the primary mechanisms for the flagrant abuse of our
immigration laws is the use of counterfeited immigration documents, the
perpetration of identity fraud, and lying under oath in immigration
applications.
This amendment significantly strengthens criminal penalties for all
of these crimes and will therefore act as a strong deterrent to aliens
considering immigration fraud.
The amendment also provides that if an illegal alien commits a
violent crime or a drug trafficking offense, that the alien should
receive a criminal sentence at least 5 years longer than he or she
would have received otherwise.
If such an illegal alien had previously been ordered deported for
having committed another crime, the alien will receive a sentence at
least 15 years longer than he or she would have received otherwise.
These are extremely important provisions. It is bad enough for an
alien to come illegally to the United States. But for such an alien to
come here illegally and then perpetrate a serious, if not deadly, crime
takes the offense to a whole other level. And for such an alien to
return again and commit yet another offense must simply not be
tolerated.
These aliens deserve to see their prison sentences dramatically
increased. This is what the amendment does, and I urge my colleagues to
support it.
Mr. SHADEGG. Mr. Chairman, I reserve the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, I cite to the gentleman from Arizona (Mr. Shadegg) that
I do not think there would be a divide on your legislation, because all
of us believe that criminals should have a fast track to a point where
they are not doing others any harm.
But I do have problems with this legislation. It poses a number of
problems. It creates three new mandatory-minimum criminal penalties and
one new death penalty. But I think the biggest concern that I have is
the fact that they are in the country and the fact that they have been
able to get in the country because we failed as a Federal Government to
do the job that we are supposed to do.
We have already received Ds and Fs from the 9/11 Commission's report
on the work that we should be doing. For your information, we already
have a criminal offense for immigrants who enter the country illegally.
But there is no enforcement, because there are no resources.
So to try to enhance it from the back door, with new mandatory
minimums, with death penalties, with 5-year mandatory minimums, with
15-year mandatory minimums, just simply says, we failed. We are not
going to stand here and advocate for drug dealers and those who use
fraudulent documents, and might I just say that I thank the gentleman
from Wisconsin (Chairman Sensenbrenner) for joining me in supporting an
amendment that was offered about fraudulent documents and creating a
singular database.
But frankly, I wish that we could join together in comprehensive
immigration reform so that the enforcement against those who enter
illegally would start where it was supposed to be, which would be at
the border.
Mr. Chairman, I reserve the balance of my time.
Mr. SHADEGG. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I appreciate the gentlewoman's argument, but I believe
it misses the mark. Quite frankly, the current law has resulted in the
circumstance where the penalty imposed for document fraud on average in
this country is 8 months.
An American prosecutor is not going to go to trial and pursue a
criminal offense where someone fraudulently creates a document and then
gets, on average, 8 months. Indeed, it probably takes longer than 8
months to get to trial on a crime of this nature.
If the penalty is insufficient, we simply encourage this conduct. I
know the gentlewoman makes a valid point about our failure to enforce
our borders. Certainly that is our responsibility. But the point of
this amendment is to say two things: Number one, the penalties
connected with those who are really exploiting people, it is important
to understand that human smuggling is the conduct of bringing across
people who largely want to come across, but they are still being
exploited; and human trafficking, the second offense, realize are
people who are brought across, misrepresented and then, once they are
here, become essentially indentured slaves. That is, they must work and
work perhaps in a job they do not want at a sub level of pay in
conditions that are unacceptable to them to pay off a huge debt for
having brought them into the country.
Integral to those offenses, as a key part of those offenses, is
creating these fraudulent documents, a false Social Security card, a
false green card, all types of identity that they use in this country
to get the job. And the smugglers do the exploiting. The smugglers
create those documents. It is unacceptable to have these kinds of
fraudulent schemes perpetrated on essentially victims from other
countries and have the penalty for those that are victimizing them be
insufficient.
In addition, I do not believe the gentlewoman means to oppose this,
but it seems to me, if you come to this country and you victimize
people in this country and you commit crimes here, we want to send a
message that if you want to commit crimes, commit it back home; do not
come here and commit it. And if you do come here and commit it, we are
going to send you a very clear message. Because if someone comes here
to victimize an American, they ought to get an additional penalty. So I
urge the passage of the amendment.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, I respect the gentleman's argument, but I think that
the American people would be somewhat surprised that a prosecutorial
system, a Federal system, picks and chooses who they will prosecute. We
have laws on the books to prosecute these individuals. We have laws on
the books to prevent them from coming into the United States.
It is all a question of resources. How do we use our resources? In
this bill, we do not have sufficient dollars for prosecutors, for court
systems, for detention systems and for jails. And are the American
people asking for us to bear the burden of undocumented criminals that
will be here for 25 years and how many long years and we pay the bill
for them? I think not.
We should be focusing today on comprehensive immigration reform. We
should be focusing on putting resources at the border, the northern and
southern border, so that, in fact, as we do so, we prevent these people
from coming into the United States. I believe that the best defense is
offense.
And I believe that homeland security starts at the border. Here we
are talking about closing the barn door after the fact. And so, yes, I
agree with the gentleman. We all should be against those who perpetrate
crimes of violence, those who are drug traffickers and, unfortunately,
happen to be illegal aliens.
But ask the Federal Government whose responsibility it is, the
Justice Department, the Homeland Security Department, why they have
been ineffective in enforcing our laws at the border and internally in
terms of individuals who have perpetrated crimes?
These mandatory minimums are burdensome. They are expensive to us,
and we do not have the system in place to

[[Page H11975]]

prosecute. But I would admonish our prosecutorial system that it is
certainly unfortunate to tell Americans, as the gentleman from Arizona
(Mr. Shadegg) has said, that we pick and choose how we prosecute, and
so we let people go when we should be prosecuting.
Maybe we might save lives if we would prosecute. Mandatory minimums
are extremely expensive. And just as an example, as I close, the cost
of fighting crime in the United States for police, prisons and courts
rose to a record $167 billion in 2001, $20 billion more than was spent
on the criminal justice system in 1999.
My only point is that this will go up and up and up, and now this
gentleman is adding more cost. I hope my colleagues will recognize that
we are interested in crime fighting as well, but we need to put the
blame where it needs to be put. We have failed in the immigration
process and enforcement, and that is where we need to put more
resources.
Mr. Chairman, I yield back the balance of my time.
The Acting Chairman. The question is on the amendment offered by the
gentleman from Arizona (Mr. Shadegg).
The amendment was agreed to.

Amendment No. 14 Offered by Mr. Shadegg

Mr. SHADEGG. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 14 printed in House Report 109-350 offered by
Mr. Shadegg of Arizona:
At the end of title VI, add the following new section:

SEC. 6__. LAUNDERING OF MONETARY INSTRUMENTS.

Section 1956(c)(7)(D) of title 18, United States Code, is
amended--
(1) by inserting ``section 1590 (relating to trafficking
with respect to peonage, slavery, involuntary serviture, or
forced labor),'' after ``section 1363 (relating to
destruction of property within the special maritime and
territorial jurisdiction),''; and
(2) by inserting ``section 274(a) of the Immigration and
Nationality Act (8 U.S.C.1324(a)) (relating to bringing in
and harboring certain aliens),'' after ``section 590 of the
Tariff Act of 1930 (19 U.S.C. 1590) (relating to aviation
smuggling),''.

The Acting CHAIRMAN. Pursuant to House Resolution 621, the gentleman
from Arizona (Mr. Shadegg) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. SHADEGG. Mr. Chairman, I yield myself such time as I may consume.
(Mr. SHADEGG asked and was given permission to revise and extend his
remarks.)
Mr. SHADEGG. Mr. Chairman, let me begin by thanking again Chairman
Sensenbrenner for his hard work on this legislation. I think it is
important to this country. I appreciate the openness of the debate. I
also want to thank the gentleman from New York (Mr. King), the chairman
of the Homeland Security Committee, for his work.
This amendment adds two laws, human smuggling and human trafficking,
to the list of specified unlawful activity under the Federal money
laundering statute.
Mr. Chairman, under today's law, human smuggling and human
trafficking rings are highly sophisticated and organized crime
operations. According to testimony here in the United States Congress
before the subcommittee of my colleague, the gentleman from Illinois
(Mr. Souder), these organizations are a complete one-stop operation.
They recruit customers from deep inside countries outside of the
United States. They arrange transportation to the United States border.
They provide housing at the border. They then conduct the illegal
aliens across the country where prearranged vehicles meet them and
transport them to a nearby large city, often a city such as Tucson in
my State of Arizona or Phoenix or Los Angeles.
They also provide transportation in these cities and housing, and
then they provide travel from those cities to the interior of this
country, perhaps to Chicago or Philadelphia or New York. Once the
illegal arrives at one of those cities, they are met by yet another
agent of this sophisticated organization who provides transportation to
a safe house where they are met. They are again provided housing, and
they are provided the kind of documents that we just talked about, a
fraudulent Social Security card, a fraudulent green card or some other
documentation which will enable them to get a job.
Often they advertise, what city do you want to go to? What kind of
job do you want to find? Then these sophisticated operations find them
employment in the area they are interested in. An integral part of
these sophisticated human smuggling operations and the human
trafficking operations is money laundering. They money launder the
proceeds of these crimes. Yet unfortunately, at the present time,
neither human trafficking nor human smuggling, which victimize people
outside of this country and bring them here and enslave them in some
instances, neither of those crimes are predicates for our Federal money
laundering statute.

{time} 2000

That is to say one can engage in that crime, but that key statute of
money laundering cannot be used to get after those people. Mr.
Chairman, this simply adds those two statutes so that we say clearly
when we want to get after these smugglers who are smuggling or
trafficking human beings into this country, we can use our
sophisticated statutes, including our money laundering statute, to get
at these individuals.
Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
Mr. SHADEGG. I yield to the gentleman from Wisconsin.
(Mr. SENSENBRENNER asked and was given permission to revise and
extend his remarks.)
Mr. SENSENBRENNER. Mr. Chairman, I rise in support of the amendment.
International traffickers and smugglers of human beings are the most
barbaric of immigration violators. They force women and children into
sexual slavery and aliens into indentured servitude. They place their
human cargo in extremely dangerous circumstances and often abandon them
and leave them to die in the rugged terrain along much of our
southwestern border.
This amendment ensures that Federal authorities can use all the
powerful tools of our money laundering statutes against the money
laundering activities that these persons engage in as part of their
criminal enterprises.
If we can make it more difficult for them to launder their profits,
and we can more easily seize their profits, we will be much better able
to combat this scourge. Just as money laundering by drug dealers and
organized crime demands a powerful response by law enforcement, so does
money laundering by human traffickers and smugglers.
I urge my colleagues to support this amendment.
Mr. SHADEGG. Mr. Chairman, I thank the gentleman for his support, and
I reserve the balance of my time.
The Acting CHAIRMAN (Mr. Culberson). Who claims time in opposition to
the gentleman's amendment?
Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise to claim the time in
opposition, though I will not oppose this amendment.
The Acting CHAIRMAN. Without objection, the gentlewoman from Texas
will control the time in opposition to the amendment.
There was no objection.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself such time as I
may consume.
I rise in support of this amendment, which would add human
trafficking, human smuggling to the list of predicate acts under the
Federal money laundering statute.
Let me just say that what Mr. Shadegg has just articulated is a
plague on our society across America. I have worked extensively on
human trafficking issues and see them often repeated in our own
jurisdictions in Texas. It is actually 20th-century human bondage. And
the tragedy is that many of these individuals are women, young women,
who are forced to come to the United States and are abused and utilized
not only in areas of prostitution but also areas of hard work where
they are not able to receive adequate compensation.
According to the State Department, the State Department estimates
between 15,000 and 20,000 people are trafficked into the United States
every year. Worldwide there are approximately 600,000 to 800,000 people
trafficked across international borders every year. Victims of human
trafficking are often forced into prostitution, hard labor, child
soldiering, and

[[Page H11976]]

other forms of involuntary servitude. In effect, they become slaves.
It is shameful to say that this occurs in the United States. It is
shameful to say that it is still going on in the 21st century. But I
believe if we cut off the money supply of human traffickers, charging
them with money laundering, it is a reasonable step to take in
addressing this problem.
This is not the same offense, but we have seen the devastation of
alien smuggling when we lost large numbers of those undocumented
individuals who came here for an economic reason who lost their lives
at the hands of unscrupulous smugglers. This is similar, where we bring
people in under false pretenses and we hold them as human slaves.
So I think this amendment has the purpose of helping to diminish that
very vicious set of circumstances.
Mr. Chairman, I reserve the balance of my time.
Mr. SHADEGG. Mr. Chairman, I simply want to thank the gentlewoman for
her kind remarks and support. I appreciate that very much.
Ms. JACKSON-LEE of Texas. Mr. Chairman, it seems we are both asking
for the support of this amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. SHADEGG. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Arizona (Mr. Shadegg).
The amendment was agreed to.

Amendment No. 15 Offered by Mr. Westmoreland

Mr. WESTMORELAND. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 15 printed in House Report 109-350 offered by
Mr. Westmoreland:
In paragraphs (1)(A) and (2)(A) of section 706, strike
``paragraph (10)'' and insert ``paragraphs (10) through
(12)''.
In the matter inserted by section 706(1)(B), strike ``not
less than $5,000'' and insert ``not less than $5,000 and not
more than $7,500''.
In the matter inserted by section 706(1)(C), strike ``not
less than $10,000'' and insert ``not less than $10,000 and
not more than $15,000''.
In the matter inserted by section 706(1)(D), strike ``not
less than $25,000'' and insert ``not less than $25,000 and
not more than $40,000''.
In section 706(3), strike ``the following new paragraph''
and insert ``the following new paragraphs''.
In section 706(3), after the paragraph (10) added by such
section add the following:
``(11) Exemption from penalty for initial good faith
violation.--In the case of imposition of a civil penalty
under paragraph (4)(A) with respect to a violation of
subsection (a)(1)(A) or (a)(2) for hiring or continuation of
employment or recruitment or referral by person or entity and
in the case of imposition of a civil penalty under paragraph
(5) for a violation of subsection (a)(1)(B) for hiring or
recruitment or referral by a person or entity, the penalty
otherwise imposed shall be waived if the violator establishes
that it was the first such violation of such provision by the
violator and the violator acted in good faith.
``(12) Safe harbor for contractors.--A person or other
entity shall not be liable for a penalty under paragraph
(4)(A) with respect to the violation of subsection (a)(1)(A),
(a)(1)(B), or (a)(2) with respect to the hiring or
continuation of employment of an unauthorized alien by a
subcontractor of that person or entity unless the person or
entity knew that the subcontractor hired or continued to
employ such alien in violation of such subsection. ''.

The Acting CHAIRMAN. Pursuant to House Resolution 621, the gentleman
from Georgia (Mr. Westmoreland) and the gentlewoman from Texas (Ms.
Jackson-Lee) each will control 5 minutes.
The Chair recognizes the gentleman from Georgia.
Mr. WESTMORELAND. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I rise to offer an amendment to title VII of the Border
Protection, Antiterrorism, and Illegal Immigration Control Act.
Our Nation is facing a serious crisis with illegal immigration. Our
Nation's national security along with our Nation's job security are on
the line as we debate this bill.
I have spent my entire life prior to coming to Congress in the
building business. I have worked with many people over the years that
work hard to employ, to build infrastructure, to help their
communities, and to provide for their families. They are usually small
business people; but the way this legislation was originally drafted,
it had the potential to turn many of the people I have worked with my
entire life into Federal felons.
When I read title VII of the legislation, I was surprised. The
criminal penalties were high, and in some cases the fines went up by
800 percent. Businesses are overregulated as it is, and government
agencies tend to pile on penalties and fines for even the smallest
infractions. I did not want this House sending a flawed bill to the
Senate, and I think this amendment makes very important changes that
are necessary to clarify some of the issues in title VII.
First, the amendment places caps on the monetary penalties laid out
in section 7. Instead of just laying out high mandatory minimum fines,
the amendment places upper limits on the fines so businesses will not
be subject to unlimited liability.
Second, it provides for the relief from the civil penalties for a
first offense under the bill if a business violates a particular rule
regarding the employment checks as long as the employer acted in good
faith. This will protect companies that are doing their best to follow
this complicated new system, but miss some part of it one time.
Finally, the amendment provides a safe harbor for contractors who
have a subcontractor that hires an illegal alien. This ensures that
general contractors will not be held liable for the actions of a
subcontractor when they are not aware that the sub is hiring illegals.
Mr. Chairman, the government requires that schools teach students
whether they are legal or not. Hospitals are required to treat patients
whether they are legal or not. Let us not make business the police of
illegal immigration.
Right now we have laws and serious penalties on the books that
prohibit people from entering our country, and that prevents businesses
from hiring those here illegally. We need to be careful about requiring
businesses to help us do our enforcement work. Enforcement of existing
laws is absolutely necessary, but we need to make sure the government
is doing its part. Many times partnering with business to help address
the problem may be a better approach than imposing severe fines and
ever-increasing penalties on business.
We have a problem with illegal immigration that has been decades in
the making. Although this legislation is not perfect, we must begin
addressing these problems before they grow even worse. True leadership
sometimes involves doing things that may be unpopular, but they are
right.
Mr. Chairman, I urge all my colleagues to support this amendment and
the underlying bill.
Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
Mr. WESTMORELAND. I yield to the gentleman from Wisconsin.
(Mr. SENSENBRENNER asked and was given permission to revise and
extend his remarks.)
Mr. SENSENBRENNER. Mr. Chairman, I rise in support of the
Westmoreland amendment.
I support this amendment, which sets caps on employer sanctions
penalties and provides an exemption from penalties for initial good-
faith violations.
H.R. 4437 establishes very significant minimum levels for civil
penalties, but sets no cap. The new minimums in H.R. 4437 for first-,
second-, and third-time offenses are $5,000, $10,000, and $25,000,
respectively, per alien.
This amendment would create what I believe are reasonable caps on
these penalty levels, giving employers some level of certainty as to
the consequences of hiring an illegal alien while still maintaining a
strong deterrent effect through significant penalties.
The caps would be $7,500 for a first offense--per alien involved--
$15,000 for a second offense, and $40,000 for the third and higher
offenses. These are certainly penalties that send a necessarily strong
message to employers contemplating cutting corners.
This amendment also clarifies that an employer who makes a mistake in
good faith in complying with the employment eligibility verification
system would be spared civil penalties.
Finally this amendment provides a safe harbor for contractors whose
subcontractors employ illegal aliens. This provision clarifies current
law. Under section 274A(a)(4) of the Immigration and Nationality Act,
an employer may be held liable for the actions of a subcontractor if
the employer knows that the subcontractor is hiring illegal aliens.

[[Page H11977]]

In other words, employers who have no knowledge as to whether the
subcontractor's employees are work-authorized cannot be held liable or
penalized. This amendment makes that protection clearer, and should
help to put employers at ease that they will not be held responsible
for the misdeeds of subcontractors.
This amendment improves the bill and I urge my colleagues to support
it.
Mr. WESTMORELAND. Mr. Chairman, I reserve the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield 3 minutes to the
gentleman from California (Mr. Berman), distinguished member of the
Judiciary Committee's Subcommittee on Immigration.
Mr. BERMAN. Mr. Chairman, this is a very important amendment because
if this amendment passes, we go down the slippery slope of 1986.
There are three parts of this amendment. It takes the base bill,
which creates one of the four steps, one of the four pillars that I
think are vital to doing something about illegal immigration, which is
a meaningful employer verification system. And it says, essentially,
the penalties for employers who do not use that system and hire people
in violation of our law, they get one free bite. They say they did not
know, they were acting in good faith, penalty totally waived.
Secondly, you provide a safe harbor for subcontractors. Everybody
knows what goes on in agriculture and in construction. Growers hardly
at all hire the people anymore. They bring in a farm labor contractor.
He hires somebody else. They get the coyote. They go out and they
recruit. I did not know what the guy was doing? I get a safe harbor.
They create dummy subs. They have no assets. There are no meaningful
penalties. They go off scot-free. This amendment gives them a safe
harbor.
This is the employer's way of dealing with your effort to try to deal
with illegal immigration, weaken and undermine the whole structure of a
comprehensive system.
Now, everyone knows that I do not like the bill because it is not
comprehensive, but the way to make this bill right is not to go and do
the employers' work in getting them out of the problem. That was our
flaw in 1986. Employer sanctions were a joke. If this amendment passes,
employer sanctions are once again a joke. And you will be back here in
20 years with millions of more undocumented workers brought in by
employers who have no accountability.
And the third part is you put caps on the maximum penalties. The
exploitation and money that could be made by hiring people who are
afraid to complain, who are willing to work at very low wages and maybe
under the minimum wages of our own laws and of the States they are
working in, and you now cap the penalties. The bill before it had a
serious strengthening of the penalties for these activities by
unscrupulous employers. Now you have put a cap on them.
So a safe harbor when they go out to a contractor, so they have no
liability. Their first violation, they get it waived. They say, I did
not know. I was acting in good faith. I did not know, even though you
have a verification system under this bill. And then you put caps on it
so that they can make an economic test, that it makes more sense to
find the undocumented person who will work at a very low wage at very
long hours under very onerous conditions, that they make more money by
that, and they have a cap penalty that they know they never have to go
beyond.
Do not do this and claim you are serious about dealing with illegal
immigration. This is a gaping whole in the whole structure of your
legislation.
I urge a ``no'' vote.
Mr. WESTMORELAND. Mr. Chairman, I yield myself such time as I may
consume.
It is a shame that the gentleman did not read the amendment. It caps
the penalties at $40,000. The maximum penalty that was on there was
$20,000, and this just caps the penalties at $40,000, regardless of the
occurrence. In some cases that could be up to 10 different occurrences.
What this does is it gives safe harbor for somebody who has made a
good-faith effort in getting into the system. We are going to have an
overburdensome system when this thing begins. This is an opportunity
that if they made one error in filling out any of the paperwork or the
procedure they go through, they have a safe harbor.
And as far as the contractor and the subcontractor goes, this is
already existing law. This just restates that law, and puts it into
this amendment.
Mr. Chairman, I reserve the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield 1\1/2\ minutes to the
distinguished gentlewoman from California (Ms. Zoe Lofgren),
distinguished member of the House Judiciary Committee's Subcommittee on
Immigration.
Ms. ZOE LOFGREN of California. Mr. Chairman, I think it is important
to note that in the underlying bill, there are no caps at all. I would
direct the attention of the Members to page 152, 153, and section 706
of the underlying bill. There are no caps.
I would just like to note once again that we have a failure of
administration. Last year, employers were sanctioned for hiring illegal
immigrants only three times. So even if we were to change the law, the
ineptitude of the administration does not mean that anything will
change.
I object to this amendment for another reason in addition to what my
colleague, Mr. Berman, has indicated. In the underlying bill, there is
at least an effort to make some fairness for little companies versus
big companies in terms of making a reduction for small companies. But
in this case, in this amendment, Wal-Mart would have the same penalty
structure as Joe's Pizza. And it seems to me that Wal-Mart and
megacompanies, I would just like to note, in the paper Wal-Mart appears
to be one of the biggest offenders, going out and hiring large numbers
of undocumented people and, by the way, not treating them very well.
They would have their sanctions capped, and they would be treated just
the same as Joe's Pizza. So I think of this as the Wal-Mart amendment.
Let them go ahead and do their dirty deeds with impunity. They will not
have to worry. And I will tell my colleagues for a company as big as
Wal-Mart, capping the fines at this level is just the cost of doing
business.
And I thank the gentlewoman for yielding me this time.

{time} 2015

Mr. WESTMORELAND. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I want to thank the distinguished chairman of the
Committee on the Judiciary, Mr. Sensenbrenner, for his hard work on
this and the chairman of the Homeland Security Committee, Mr. King.
They have shown great leadership in us taking a first step towards this
procedure. This is the first step down a long road of getting a handle
on the Nation's immigration problems; and I am grateful for their
leadership.
Mr. Chairman, I urge all Members to support the Westmoreland
amendment to H.R. 4437.
Mr. Chairman, I yield back the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself the balance of
my time.
Mr. Chairman, let me just say to Mr. Westmoreland, frankly, I wish
that we could have worked together on the underlying problems of this
legislation, which is comprehensive immigration reform. But the problem
here is there were no caps in the underlying bill. We had no hearings.
We do not know if these are the best numbers. They could be stronger.
I wish you would join me on Protect American Jobs, using some of
these resources to provide training for American workers, to be able to
outreach to American workers. This is a cap with no hearings, no
standards, not knowing whether this is punitive enough. And certainly
the inequity between big companies and small companies makes this
amendment somewhat doubtful.
Mr. Chairman, I ask my colleagues to vote ``no'' on the amendment.
The Acting CHAIRMAN (Mr. Culberson). The question is on the amendment
offered by the gentleman from Georgia (Mr. Westmoreland).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Ms. ZOE LOFGREN of California. Mr. Chairman, I demand a recorded
vote.

[[Page H11978]]

The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Georgia will
be postponed.

Amendment No. 16 Offered by Mr. Gonzalez

Mr. GONZALEZ. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 16 printed in House Report 109-350 offered by
Mr. Gonzalez:
Strike section 706(1).
At the end of the title VII of the bill, add the following:

SEC. 709. COMPLIANCE WITH RESPECT TO THE UNLAWFUL EMPLOYMENT
OF ALIENS.

(a) Civil Penalty.--Paragraph (4) of subsection (e) of
section 274A of the Immigration and Nationality Act (8 U.S.C.
1324a) is amended to read as follows:
``(4) Cease and desist order with civil money penalty for
hiring, recruiting, and referral violations.--
``(A) In general.--With respect to a violation by any
person or other entity of subsection (a)(1)(A) or (a)(2), the
Secretary of Homeland Security shall require the person or
entity to cease and desist from such violations and to pay a
civil penalty in the amount specified in subparagraph (B).
``(B) Amount of civil penalty.--A civil penalty under this
paragraph shall not be less than $50,000 for each occurrence
of a violation described in subsection (a)(1)(A) or (a)(2)
with respect to the alien referred to in such subsection,
plus, in the event of the removal of such alien from the
United States based on findings developed in connection with
the assessment or collection of such penalty, the costs
incurred by the Federal Government, cooperating State and
local governments, and State and local law enforcement
agencies, in connection with such removal.
``(C) Distribution of penalties to state and local
governments.--
``(i) In general.--Penalties collected under this paragraph
from a person or entity shall be distributed as follows:

``(I) 25 percent of such amount shall be distributed to the
State in which the person or entity is located.
``(II) 25 percent of such amount shall be distributed to
the county in which the person or entity is located.
``(III) 25 percent of such amount shall be distributed to
the municipality, if any, in which the person or entity is
located, or, in the absence of such a municipality, to the
county described in subclause (II).

``(D) Limitation on use of funds.--Amounts paid to a State,
county, or municipality under subparagraph (C) may only be
used for costs incurred by such State, county, or
municipality in providing public services to aliens not
lawfully present in the United States.
``(E) Distinct, physically separate subdivisions.--In
applying this subsection in the case of a person or other
entity composed of distinct, physically separate subdivisions
each of which provides separately for the hiring, recruiting,
or referring for employment, without reference to the
practices of, and not under the control of or common control
with, another subdivision, each such subdivision shall be
considered a separate person or other entity.''.

The Acting CHAIRMAN. Pursuant to House Resolution 621, the gentleman
from Texas (Mr. Gonzalez) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. GONZALEZ. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, let us start off with the basic fact, and that is
illegal hiring of undocumented workers is a Federal problem calling for
a Federal solution. But the cost of the illegal hiring of the
undocumented worker falls on the States, the counties, and our cities.
This is what my amendment attempts to accomplish: first of all, the
vital aspect of where the costs fall. The fines that are collected from
the law-breaking employers will be equally apportioned among the
Federal Government, the State, the county, and the city governments.
The 25 percent that will go to the State, the county and the city in
which the illegal act occurred and for which they are incurring costs,
those moneys are really reimbursements. Those moneys will be limited
when they are received by those entities to be spent directly for the
costs incurred, for those public services being provided for the
undocumented worker who has been illegally hired by the employer.
Secondly, my amendment increases the base fine to $50,000 per
incident. This amendment follows on the heels of Mr. Westmoreland's
amendment, so we are polar opposites when it comes to what a fine
represents.
Historically, a fine has a purpose. First, it is a penalty, no doubt,
for wrongdoing. But it is also a deterrent. The greater value is really
the deterrence to keep others from following that same type of
prohibited behavior. You are not going to accomplish that under the
present scheme of the underlying bill, and you surely will not do it if
the other amendment that preceded this one is adopted by this House.
You say, $50,000? Keep in mind that that is never going to be levied
unless, what happens? My understanding, first of all, is if an employer
completely ignores the prevailing rule of law, ignores the verification
system that we are attempting to implement, and then upon being
notified that legal status cannot be established, ignores it, only
then. Now, you are telling me we should not have a significant fine for
such outrageous and blatant disregard for our laws? How else are you
going to ever get anyone's attention?
There are two component parts to immigration reform which we are not
going to touch on, and, of course, that is comprehensive in nature. But
if we are looking at enforcement only, let us be honest then. It is the
illegal alien worker coming over, but at the behest and the request and
the availability of a ready, willing employer, ready, willing and able
to disobey the very laws of this country.
A $50,000 fine would get your attention, a $50,000 fine per incident
will teach you a lesson, and a $50,000 fine will be a deterrent. And
the beauty of what I do in this amendment is that an equal proportion
will go to those governmental entities that are bearing the cost for
the ineffectual governmental regulation by the Federal authorities. It
is a Federal problem, and it should be a Federal solution that
addresses these particular concerns.
Mr. Chairman, I reserve the balance of my time.
Mr. SENSENBRENNER. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIRMAN. The gentleman from Wisconsin is recognized for 5
minutes.
Mr. SENSENBRENNER. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, this amendment increases civil penalties against
employers who do not comply with the Employment Eligibility
Verification System to such fantastically high levels that they could
easily bankrupt companies for first offenses. When companies are
bankrupted, everybody who works at that company loses their job.
The amendment would raise penalties to not less than $50,000 for each
violation for each alien. Penalties of this magnitude are not merely a
deterrent; they would make almost every violation into a capital
offense. And I thought the Democrats were against the death penalty.
Let me say first that the underlying legislation already dramatically
increases the civil penalties for employers who knowingly hire illegal
aliens or who fail to comply with the Employment Eligibility
Verification System. I did this because current penalties are so low
they are not a deterrent. This bill raises penalties for first-time
offenses from $250 to $2,000 per alien for a first-time offense to not
less than $5,000 per alien; penalties for second-time offenses are
raised to no less than $10,000 per alien; and for employers with two or
more previous offenses the penalty is not less than $250,000 per alien.
The penalty levels in this bill are quite sufficient to act as a
deterrent for employers who might otherwise hire illegal aliens or
ignore the verification requirements. In fact, they have been attacked
by practically every employer association in Washington. The amendment
goes just too far in order to make a political point; thus it is not a
serious amendment.
The amendment designates the proceeds of the penalties to States and
localities, which would be required to use the funds to provide
services to illegal aliens. When penalties are funneled back in this
matter, it sets up an incentive to use immigration as a fund-raiser for
States and localities. That should not be the goal. We should not be
using Federal funds to pay for services to illegal aliens. Money
collected from civil penalties should be deposited into the Treasury.
Mr. Chairman, I urge my colleagues to oppose this amendment.

[[Page H11979]]

Mr. Chairman, I reserve the balance of my time.
Mr. GONZALEZ. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, if a company places an unauthorized call to your
household and you are on the do-not-call list, it is $11,000 for that
call. DirecTV will be paying $5.3 million in fines for basically
calling 484 households. Under the present scheme of the underlying
bill, an employer could hire 1,066 undocumented workers illegally
employed by that employer and pay that amount of money. As you increase
the fine schedule, you could still hire 533 at the next level. Even at
your highest level of $25,000, after you have a cease and desist order,
you can still hire 213.
This is not about fund-raising either. These municipalities, when you
go back home and talk to your Governor, your mayor or county judge,
they tell you they are paying those moneys.
You get the same mail I do. This is not going to encourage some sort
of irresponsible behavior at the local level. What it does is meet a
Federal obligation we have to localities. It is Federal policy. It is
Federal enforcement of that policy that has resulted in these
additional costs.
I think it is disingenuous for us. If we are going to do enforcement,
and that is all we are going to do here, let us be honest about it. Let
us move forward. Let us be aggressive. Let us get the wrongdoer on both
sides of this illegal transaction, the worker and the employer. If you
cut off demand, you will not have supply.
Mr. SENSENBRENNER. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, this really is an overkill amendment. I think that the
increases that are contained in the underlying bill will be sufficient
to act as a deterrent. I think we all know as far as the border
security situation is concerned, we have to put more efforts on the
border to prevent illegal aliens from coming across. We also have to
turn off the magnet of employment of illegal aliens in the United
States. The employer verification system turns off the magnet. The
increase in the fines for not using the employer verification system or
hiring illegal aliens are sufficient to act as a deterrent.
I can tell you that our courts are going to be tied up horrendously
because everybody who gets a citation for violating the law under Mr.
Gonzalez's amendment is going to ask for a trial by jury, and I doubt
we will ever be able to get very much of the money that he thinks we
are going to collect.
I think what is in the underlying bill is able to do the trick. I
would like to challenge those who are making the argument that we have
got to get tough on the border and we have got to get tough with
employers to turn off the magnet. When the time comes to vote for
passage of the bill, vote ``aye.''
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Texas (Mr. Gonzalez).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. GONZALEZ. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Texas will
be postponed.

Amendment No. 17 Offered by Mr. Bradley of New Hampshire

Mr. BRADLEY of New Hampshire. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 17 printed in House Report 109-350 offered by
Mr. Bradley of New Hampshire:
At the end of title VII, insert the following:

SEC. 709. REPORT ON EMPLOYMENT ELIGIBILITY VERIFICATION
SYSTEM.

Not later than one year after the implementation of the
employment eligibility verification system and one year
thereafter, the Secretary of Homeland Security shall submit
to Congress a report on the progress and problems associated
with implementation of the system, including information
relating to the most efficient use of the system by small
businesses.

The Acting CHAIRMAN. Pursuant to House Resolution 621, the gentleman
from New Hampshire (Mr. Bradley) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from New Hampshire.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chairman, I would like to begin by thanking both chairmen,
Chairman Sensenbrenner and Chairman King, for working with me, as well
as the Rules Committee on this amendment.
Mr. Chairman, I am offering what I expect is a very simple amendment
that will require reporting to Congress at the 1-year mark and at the
2-year mark of the Employment Eligibility Verification System that is
going to be implemented as a result of this legislation.
This is important to have this report so that we as policymakers in
Congress have the information as to how the verification system is
working. Is it working as intended? Is it user-friendly? What type of
response are businesses, both small and large, having with this system?
Is it used primarily online by telephone? How many businesses utilize
it? How are the penalties being implemented? All of these kinds of
questions we need to have data on with this reporting that I am
proposing in this amendment.
Mr. Chairman, I hope that my colleagues will support this amendment;
and, once again, I thank the chairmen.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Wisconsin (Mr. Sensenbrenner).
(Mr. SENSENBRENNER asked and was given permission to revise and
extend his remarks.)
Mr. SENSENBRENNER. Mr. Chairman, I thank the gentleman for yielding
me time.
Mr. Chairman, I rise in support of this amendment, which requires
the Department of Homeland Security to report to Congress on the
implementation of the employment eligibility verification system which
this bill expands economy-wide.
One of the key components of this bill is a mandatory, national
employment eligibility verification system. By checking the work
authorization status of each person working in the U.S., we will
finally be able to flush out the those working illegal.
We are expanding the Basic Pilot Program, which has worked extremely
successfully as a voluntary program for 10 years.
Employers who use the Basic Pilot to conduct employment eligibility
checks clearly like the system and that it is easy to use. A 2001
report found that ``an overwhelming majority of employers participating
found the basic pilot program to be an effective and reliable tool for
employment verification''--96 percent of employers found it to be an
effective tool for employment verification; and 94 percent of employers
believed it to be more reliable than the IRCA-required document check.
The system is available to employers both over the internet, and
through a toll-free telephone number. Employers may use whichever
option is more convenient.
As this system is expanded to a much larger scale, I am committed to
working with the Department of Homeland Security and the business
community to ensure that it works well and meets the needs of America's
employers. I believe it is important that the verification process is
user-friendly for all businesses--large and small.
This amendment would require DHS to report to Congress after the
first and second years of implementation, and specifically address the
concerns of businesses. These reports will assist Congress in
monitoring the progress of the program.
I urge my colleagues to support this amendment.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I reserve the balance of
my time.
The Acting CHAIRMAN. Who seeks time in opposition?
Ms. ZOE LOFGREN of California. I do.
The Acting CHAIRMAN. The gentlewoman from California is recognized
for 5 minutes in opposition.
Ms. ZOE LOFGREN of California. Mr. Chairman, the amendment requires
the Department of Homeland Security to report to Congress on the
problems caused by the automated employment verification system.
However, I want to point out that this amendment will not fix the
problems with the Employment Eligibility Verification System, even
though this underlying bill will require all employers and employees to
use the system.
The GAO has already told us, at the request of Mr. Sensenbrenner as a
matter of fact, that the basic pilot program is not ready for
widespread use,

[[Page H11980]]

that the DHS system is badly flawed, that it is unable to detect
identity fraud; and this report, after the fact, is not going to change
that.
Mr. Chairman, I reserve the balance of my time.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield such time as he
may consume to the gentleman from Wisconsin (Mr. Sensenbrenner).
Mr. SENSENBRENNER. Mr. Chairman, I thank the gentleman for yielding
me time.
My, how times have changed. I was here in 1993 and I was the
principal Republican author of a bill called the Brady Bill, which in
part required the establishment of an automated system to check out
whether somebody who was trying to purchase a firearm was eligible
under the law to purchase and possess that firearm.

{time} 2030

That had an automated system to verify the eligibility of the
prospective firearm purchaser against the database that was maintained
by the Department of justice. Lo and behold, the people that were
pushing the Brady bill, and there were many more on that side of the
aisle than the side I serve on, said this system is going to be a
foolproof system in order to make sure that convicted felons or
adjudicated mental incompetents will never get a firearm in their hands
by purchasing it from a licensed firearm dealer. So if it was good
enough then to check out people who might not be eligible to possess a
firearm because of a felony conviction or a mental incompetency
adjudication, then the same type of system ought to be good enough to
check out whether somebody who is asking for a job is legally entitled
to work in this country.
There is a 2-year delay in implementing the verification system in
this bill. That is a little bit more than we heard on the Brady bill.
But I think that telling the Department of Homeland Security that they
got have to get this thing up and running in 2 years to be able to
verify the new hires and then, 4 years later, the existing hires is
plenty of time to be able to check out, in a manner that does not
create a national identification card, whether somebody is eligible to
get a job.
This is a good amendment. It requires progress reports on how the
Department of Homeland Security is doing. What is wrong with that? We
ought to pass the amendment.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I reserve the balance of
my time.
Ms. ZOE LOFGREN of California. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chairman, I would just note that the GAO report identifies at
tremendous length the problems with this system in the administration
of the system. I would further draw the attention of all my colleagues
to this report.
Mr. Chairman, I reserve the balance of my time.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield myself such time
as I may consume.
Once again, the intention of this amendment is to make sure that we
as Members of Congress, the policymakers that are going to implement
this verification system, have the most accurate information with which
to react and possibly make mid-course corrections should they be
warranted at the 1-year mark and at the 2-year mark.
While it does not fix the process, it certainly is designed to give
us all the information that we need to make sure that it works in the
most user-friendly, cost-effective, efficient way for businesses in our
country, and I urge my colleagues to support this.
Mr. Chairman, I yield back the balance of my time.
Ms. ZOE LOFGREN of California. Mr. Chairman, I yield myself such time
as I may consume.
I am listening carefully. I am trying to work in a bipartisan manner
on this, but the underlying problem here with this bill and this
amendment as well is the poor administration of our laws by the
Department of Homeland Security.
I mentioned earlier today the pathetic performance of DHS during the
Katrina disaster. And one of the things just that is seared in my
memory is the, ``good job, Brownie,'' comment. And I think we have the
same problem in the Department of Homeland Security and ICE.
The chairman, I am sure, will recall that when we worked on
reorganization, he insisted, I did not agree at the time but I now
understand why he did, that any applicant for the head job have a
minimum of 10 years experience in managing a large and complex
organization.
What ended up in the law was a 5-year minimum requirement in managing
a large organization. Well, the President's favorite Democratic
senator, Senator Lieberman, in opposing the new ICE director, Julie
Myers, noted that, with over 20,000 employees, ICE is not only a big
agency, it is a vital one. And Ms. Myers has virtually no immigration
experience and also does not meet the minimum requirements.
We now have a crony in charge of the immigration service. She may be
a lovely person, I do not know, but she worked for a Federal prosecutor
for 2 years. She worked for Ken Starr when he was special assistant.
Her husband is the chief of staff to Mr. Chertoff. And her dad is a
general, General Myers, who we all know of and think is a very good
guy, but these are not the qualifications asked for in the statute nor
expected by America.
We need to move beyond cronyism into competence. And the fact that we
have only had three enforcement actions in unlawful employment; that
over 100,000 people have been cited and released and then failed to
appear, and the department just continued to do that over and over
again in the face of that failure-to-appear rate; the fact that we have
not actually followed through on the institutional removal program
which requires the immigration function to go out to county jails and
to State prisons and to take individuals who have been convicted of
crimes and deport them, that has not happened either. Those individuals
instead in many cases were simply released because the Federal
Government dropped the ball. The Bush administration has dropped the
ball at the border.
We have not put the staff forward. We have no technology to implement
not only the bills and this amendment but the underlying law. And why?
It is competence.
I think it is a sad thing that this bill has been proposed. There are
some good things in it. There are a lot of bad things in it. But it is
really just to cover the fact that there has been a massive failure of
administering current law by the Bush administration. If current law
were adequately administered, we would not be here today. Perhaps the
amendment is good. Maybe the gentleman has convinced me to support it.
But it will not solve the problem.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN (Mr. Culberson). The question is on the amendment
offered by the gentleman from New Hampshire (Mr. Bradley).
The amendment was agreed to.

Amendment No. 18 Offered by Mr. Sullivan

Mr. SULLIVAN. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 18 printed in House Report 109-350 offered by
Mr. Sullivan of Oklahoma:
Add at the end the following new title:

TITLE IX--SECURE OUR NATION'S INTERIOR

SEC. 901. EXPEDITED REMOVAL.

Section 235(b)(1)(A) of the Immigration and Nationality Act
(8 U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i)
through (iii) and inserting the following:
``(i) In general.--If an immigration officer determines
that an alien (other than an alien described in subparagraph
(F)) who is arriving in the United States, or who has not
been admitted or paroled into the United States and who has
not affirmatively shown, to the satisfaction of an
immigration officer, that the alien has been physically
present in the United States continuously for the 1-year
period immediately prior to the date of the determination of
inadmissibility under this paragraph, is inadmissible under
section 212(a)(6)(C) or 212(a)(7), the officer shall order
the alien removed from the United States without further
hearing or review, unless--

``(I) the alien has been charged with a crime, is in
criminal proceedings, or is serving a criminal sentence; or
``(II) the alien indicates an intention to apply for asylum
under section 208 or a fear of persecution and the officer
determines that the alien has been physically present in the
United States for less than 1 year.

``(ii) Claims for asylum.--If an immigration officer
determines that an alien (other

[[Page H11981]]

than an alien described in subparagraph (F)) who is arriving
in the United States, or who is described in clause (i), and
the alien indicates either an intention to apply for asylum
under section 208 or a fear of persecution, the officer shall
refer the alien for an interview by an asylum officer under
subparagraph (B) if the officer determines that the alien has
been physically present in the United States for less than 1
year.''.

SEC. 902. CLARIFICATION OF INHERENT AUTHORITY OF STATE AND
LOCAL LAW ENFORCEMENT.

Notwithstanding any other provision of law and reaffirming
the existing inherent authority of States, law enforcement
personnel of a State or a political subdivision of a State
have the inherent authority of a sovereign entity to
apprehend, arrest, detain, or transfer to Federal custody
aliens in the United States (including the transportation of
such aliens across State lines to detention centers), in the
enforcement of the immigration laws of the United States.
This State authority has never been displaced or preempted by
Congress.

SEC. 903. DEPARTMENT OF HOMELAND SECURITY RESPONSE TO
REQUESTS FOR ASSISTANCE FROM STATE AND LOCAL
LAW ENFORCEMENT.

(a) In General.--Title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) is amended by adding
after section 240C the following:

``Custody of illegal aliens

``Sec. 240D. (a) In General.--If the Governor of a State
(or, if appropriate, a political subdivision of the State),
exercising authority with respect to the apprehension of an
illegal alien, submits a request to the Secretary of Homeland
Security that the alien be taken into Federal custody, the
Secretary
``(1) shall--
``(A) not later than 48 hours after the conclusion of the
State charging process or dismissal process, or if no State
charging or dismissal process is required, after the illegal
alien is apprehended, take the illegal alien into the custody
of the Federal Government and incarcerate the alien; or
``(B) request that the relevant State or local law
enforcement agency temporarily incarcerate or transport the
illegal alien for transfer to Federal custody; and
``(2) shall designate a Federal, State, or local prison or
jail or a private contracted prison or detention facility
within each State as the central facility for that State to
transfer custody of the criminal or illegal aliens to the
Department of Homeland Security. The Secretary of Homeland
Security may enter into contracts with appropriate State and
local law enforcement, private entities, and detention
officials to implement this subsection.
``(b) Reimbursement to States and Localities.--The
Secretary of Homeland Security shall reimburse States and
localities for all reasonable expenses, as determined by the
Secretary, incurred by a State or locality in the
incarceration and transportation of an illegal alien as
described in subparagraphs (A) and (B) of subsection (a)(1).
Compensation provided for costs incurred under subparagraphs
(A) and (B) of subsection (a)(1) shall be the average cost of
incarceration of a prisoner in the relevant State, as
determined by the chief executive officer of a State (or, as
appropriate, a political subdivision of the State) plus the
cost of transporting the criminal or illegal alien from the
point of apprehension, to the place of detention, and to the
custody transfer point if the place of detention and place of
custody are different.
``(c) Incarceration of Illegal Aliens.--The Secretary of
Homeland Security shall ensure that illegal aliens
incarcerated in Federal facilities pursuant to this
subsection are held in facilities which provide an
appropriate level of security.
``(d) Transfer of Illegal Aliens.--
``(1) In general.--In carrying out this section, the
Secretary of Homeland Security may establish a regular
circuit and schedule for the prompt transfer of apprehended
illegal aliens from the custody of States and political
subdivisions of States to Federal custody.
``(2) Agreements.--The Secretary of Homeland Security may
enter into contracts with appropriate State and local law
enforcement, private entities, and detention officials to
implement this subsection.
``(e) Definition.--For purposes of this section, the term
`illegal alien' means an alien who entered the United States
without inspection or at any time or place other than that
designated by the Secretary of Homeland Security.''.

SEC. 904. UNIVERSAL PROCESSING THROUGH THE AUTOMATED ENTRY-
EXIT CONTROL SYSTEM.

(a) Record of Entry and Exit.--Not later than January 1,
2008, the Secretary of Homeland Security shall develop a
program to collect and maintain a record of each admission
for every alien arriving in the United States.
(b) Purpose.--The program established in subsection (a)
shall verify the identify of every arriving and departing
alien by comparing in real time the biometric identifier on
such alien's travel or entry document or passport with the
arriving or departing alien.
(c) Coordination.--The program established under subsection
(a) shall be coordinated with the system established under
section 235(a) of the Immigration and Nationality Act (8
U.S.C. 1225(a)).
(d) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security
shall submit a report to the Congress detailing the
additional resources, including machine readers and
personnel, that are needed at each port of entry, based on
recent and anticipated volumes of admissions at such ports of
entry, to fully implement subsection (a).

The Acting CHAIRMAN. Pursuant to House Resolution 621, the gentleman
from Oklahoma (Mr. Sullivan) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Oklahoma.
Mr. SULLIVAN. Mr. Chairman, I yield myself such time as I may
consume.
First, I would like to thank the Rules Committee for approving my
amendment. And let me say that H.R. 4437 is a good start to addressing
immigration reform. However, I feel the bill needs to do more to
protect and enforce immigration laws throughout our Nation's interior.
National security does not stop at our Nation's borders. Interior
security is national security. My amendment is in direct response to
the lack of Federal immigration enforcement in cities and towns across
the Nation.
It gives willing local law enforcement and State law enforcement the
ability to detain illegal aliens in the course of their regular duties.
The simple truth is, our State and local law enforcement officers
confront illegal aliens more often than Federal agents. My amendment
also requires Federal authorities to respond to and detain all illegal
aliens reported to the Department of Homeland Security by State and
local law enforcement. Federal authorities will now have a choice
between either taking immediate custody of illegal or criminal aliens
or paying for their continued local detention.
With my amendment, the current policy of catch and release will give
way to deter and remove. The key word here is ``willing.'' The
amendment does not force or mandate State or local law enforcement to
enforce immigration laws. It simply gives them the option of doing so
in the course of their regular duties.
It is common sense that willing law enforcement agencies should have
the inherent authority and the ability to protect citizens and their
community when they come across criminal violations involving illegal
aliens.
My amendment also expands expedited removal nationwide for all
illegal aliens who cannot prove to the immigration officer they have
been in the United States for more than 1 year. Newly arrived illegal
aliens coming up from our southern border through Arizona should not
get the benefit of a court date simply because they successfully
circumvented U.S. law and made it to Phoenix, Arizona, which is 180
miles away. This bill only applies expedited removal up to 100 miles of
the southern border.
The Department of Homeland Security has the authority to invoke
expedited removal nationwide up to 2 years, but they have chosen not to
do so. Expedited removal must apply nationwide.
Lastly, my amendment requires that, by 2008, all non-citizens who
enter or exit the country be processed through an automated entry-exit
control system Congress mandated in 1996. However, to be effective and
secure, the program must require every non-citizen's entry and exit to
be recorded, not just a fraction of non-immigrants entering the U.S.
The statistics on this issue are startling. According to the
Government Accountability Office, the current risk of visa overstay
being identified and removed is less than 2 percent. And we know that
visa overstayers account for 40 percent of the illegal alien
population.
I feel this amendment is a commonsense approach to deter illegal
immigration and will strengthen H.R. 4437, and I encourage its passage.
Mr. SENSENBRENNER. Mr. Chairman, I rise in opposition to the
amendment. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I reluctantly oppose this amendment for a couple of
reasons. I do not think it is workable, and it will cause huge problems
on the northern border that will result in a lot of jobs being lost
both in the United States and Canada.
First of all, we have got about 20,000 detention beds that ICE has
got under

[[Page H11982]]

its control; and about 80 percent of those detention beds are currently
filled by criminal aliens, and they are subject to mandatory detention.
If there are more people that are put into the detention system without
more beds being created by ICE, the courts will not allow for
overcrowding of detention facilities. And all of a sudden, there are
going to be criminal aliens that are going to be either released on the
street or not being put in detention simply because there are not the
slots that are available. And that is going to result in the
misallocation of resources.
Now, I certainly am all for internal enforcement, but given the fact
that there are a half million aliens that illegally enter the United
States every year, the requirements here do not match up with the
facilities and the infrastructure available. And the deadlines that the
gentleman has in his amendment are going to be simply unworkable, and
it is going to end up resulting in the agency shifting its resources
from what it is doing now, which is concentrating on the criminal
aliens and the drug smugglers and the human trafficking smugglers, to
other people.
Now, I would also like to talk a little bit about the northern
border. What this amendment does is that it has a requirement that
there be a mandatory biometric universal processing through the
automatic entry-exit control system, which is the US-VISIT program with
the fingerprint scans for aliens. We do not have the facilities on the
northern border to do that at the present time.
The amendment says, not later than January 1 of 2008 that this
infrastructure will be in place. But what this will require is that
everybody who does not prove they are a United States citizen or a
permanent resident of the United States get out of their car and have a
fingerprint scan and wait for the data to come up on the screen of the
immigration inspector on the northern border.
Now, when 9/11 occurred and there were hours and hours of waiting to
get across the border between the United States and Canada, there were
a lot of businesses, and the auto business simply did not get the goods
that they needed to be able to conduct their business on the dock in
time for the first shift to be able to use that raw material or to use
their parts. And that kind of an obstruction along the northern border
is going to mean huge unemployment in those border-sensitive
communities where manufacturing, particularly, is intensely reliant on
the products arriving on the dock in time.

{time} 2045

It is not going to be just in our country, but it is going to be in
Canada as well. The amendment is a good intention, but it is going to
cause all kinds of enforcement problems, as I have described; but it is
going to cause a lot of innocent people to lose their jobs along the
northern border and should be opposed.
Mr. Chairman, I yield 30 seconds to the gentlewoman from Texas (Ms.
Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Chairman, my simple point is to suggest
to the distinguished author of the amendment that even aliens have a
form of due process. What he simply is trying to do is to get the young
man who is the painter who has a wife and family at home and then he is
immediately arrested with no rights of due process. In addition, the
distinguished chairman of the Judiciary Committee has made a very good
point: we do not have an exit program right now in the US-VISIT
program. We do not have the resources; we do not have the space for the
lanes. I would simply say we are unable to do such.
Mr. SULLIVAN. Mr. Chairman, I yield myself such time as I may
consume. I respect the gentleman from Wisconsin's and the gentlewoman
from Texas' opposition to my amendment, and you have done a great job.
The chairman does a great job in what you do as well. But,
unfortunately, we disagree on this issue.
Simply put, this bill will not be complete without my amendment in
it. Our cities and towns that lie far away from the border need these
resources to have the same protection of law that border towns receive.
In my State of Oklahoma, it is estimated that 40 percent of the
immigrant population is illegal. I would just like to give you an
example of what goes on in our district and the people out in the
middle of the United States and other places.
We had a van pulled over in my community as happens dozens of times,
but the van had 18 illegals in it. Our local law enforcement did its
job, pulled that van over about 2 o'clock in the morning, it had five
juveniles in it, 18 people, five juveniles under the age of nine, but
no adult or guardians. The adults that were driving and in the van were
drinking.
They found amounts of drugs in their pockets. They were on an
admitted smuggling load to Chicago, and the juveniles were in there.
Sometimes these juveniles, I hope they were just working in a sweat
shop even though that is bad, sometimes they are subjected to child
pornography and those kinds of things. But our local law enforcement
did its job, called their local Immigration Customs Office, which is in
Oklahoma City, and asked them, Here is the situation. What do you want
us to do? And our local Immigration Office, do you know what they said?
Let them go.
Well, no constituent in my district that was driving without
insurance and drinking or something like that which is wrong was pulled
over, they would be arrested. We let them go. We need to stop doing
this. This is absolutely crazy. And it should not just apply to border
towns. This is happening all across our country, and I am standing up
for the constituents across this country. It is very important.
Mr. SENSENBRENNER. Mr. Chairman, I yield myself the balance of the
time.
Mr. Chairman, I described that this amendment is unworkable. We will
have a reallocation of resources. I would not want this bill to cost
thousands of people in the northern border communities, legitimate,
honest, hardworking American citizens as well as their counterparts on
the Canadian side of the border to lose their jobs simply because goods
cannot get across the border.
I appreciate the thought behind the gentleman's amendment, but it
really is not a workable one, and it should be rejected as a result of
that.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN (Mr. Culberson). The question is on the amendment
offered by the gentleman from Oklahoma (Mr. Sullivan).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. SULLIVAN. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Oklahoma
will be postponed.

Amendment No. 19 Offered by Mr. Ryun of Kansas

Mr. RYUN of Kansas. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 19 printed in House Report 109-350 offered by
Mr. Ryun of Kansas:
Add at the end the following new title:

TITLE IX--OATH OF RENUNCIATION AND ALLEGIANCE

SEC. 901. OATH OF RENUNCIATION AND ALLEGIANCE.

(a) In General.--Section 337(a) of the Immigration and
Nationality Act (8 U.S.C. 1448(a)) is amended by inserting
after the fourth sentence the following: ``The oath referred
to in this section shall be the oath provided for in
paragraph (a) or (b) of section 337.1 of title 8, Code of
Federal Regulations, as in effect on April 1, 2005.''.
(b) Notice to Foreign Embassies .--Upon the naturalization
of a new citizen, the Secretary of Homeland Security, in
cooperation with the Secretary of State, shall notify the
embassy of the country of which the new citizen was a citizen
or subject that such citizen has--
(1) renounced allegiance to that foreign country; and
(2) sworn allegiance to the United States.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is 6 months after the date
of the enactment of this Act.

The Acting CHAIRMAN. Pursuant to House Resolution 621, the gentleman
from Kansas (Mr. Ryun) and the gentlewoman from Texas (Ms. Jackson-Lee)
each will control 5 minutes.
The Chair recognizes the gentleman from Kansas.

[[Page H11983]]

Mr. RYUN of Kansas. Mr. Chairman, I yield myself such time as I might
consume.
Mr. Chairman, today I offer an amendment to establish the oath of
renunciation and allegiance as Federal law so that it cannot be changed
without an act of Congress.
The oath of renunciation and allegiance is a solemn vow taken by
thousands of immigrants each year to become a United States citizen.
The oath is the fundamental statement of allegiance to the United
States, and this allegiance is what unites America. We are not a Nation
based upon race and creed or religion. We are a Nation based upon
loyalty and allegiance to our country and her principles. As a gateway
to the United States citizenship, the oath should be given the same
respect and protection as our other national symbols, such as the
American flag, our national anthem, and the Pledge of Allegiance.
Furthermore, given its title 1 authority over naturalization,
Congress has the authority and obligation to protect the oath. The oath
took its current form in the 1950s, but parts of the oath date back to
1790.
In 2003, the Bureau of Citizenship and Immigration Services proposed
changes that would have significantly weakened the oath and its
historical significance. Specifically, the proposed changes would have
eliminated the call to bear true faith and allegiance to the
Constitution. Eliminating these words would have inherently diminished
the force of the Constitution, and any measure that reduces the
importance of the Constitution is a blow to all American rights.
Fortunately, because of public backlash, the Bureau did not institute
these changes of the oath. However, when the Bureau announced its
changes, we saw the integrity and the oath was in danger. Accordingly,
the House passed an amendment last year making sure that no funds would
be used by the Department of Homeland Security to alter the language of
the oath. This prohibition should be made permanent.
The oath is currently in the U.S. Code of Federal Regulations and can
be changed at any time by this or future administrations. My amendment
would codify the oath of renunciation of allegiance so that Congress
would have the sole authority to alter its language. My amendment would
also require the Department of Homeland Security to notify a foreign
embassy when an individual from that country takes the oath and swears
allegiance to the United States. I ask my colleagues to support this
amendment establishing the oath of allegiance as the law of the land.
Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
Mr. RYUN of Kansas. I yield to the gentleman from Wisconsin.
(Mr. SENSENBRENNER asked and was given permission to revise and
extend his remarks.)
Mr. SENSENBRENNER. Mr. Chairman, I rise in support of the amendment.
Let me say the significant point the gentleman from Kansas has made is
that last year the Congress prohibited the Department of Homeland
Security from using appropriated funds to change the oath. Because it
is an appropriation bill, the Congress would have to renew that
prohibition year after year after year. This will save us some work in
the future by making the change permanent law. I support the amendment.
In 2003, the Department of Homeland Security proposed changes to the
oath which every naturalized citizen must take which would have
significantly weakened the oath and demeaned its historical
significance. Due to strong public opposition, those changes were never
implemented. However, since the oath is not set forth in federal
statute, but only in regulation, the agency can modify its language at
any time in the future in a similarly inappropriate way.
The Oath is the fundamental statement of allegiance to the United
States and our Constitution, and this allegiance is what unites
Americans of all backgrounds and provides for our commonality.
We are not a nation based upon race, creed, or religion--we are a
nation based upon our loyalty and allegiance to our country and her
principles. As the gateway into U.S. citizenship, the Oath should be
protected by Congress.
The Oath of Allegiance has historic roots in the language of the
founders. We should protect this historical statement of national unity
and support the Ryun amendment. We have already set the precedent in an
appropriations bill of requiring that no appropriated funds could be
used to amend the Oath of Renunciation and Allegiance as it currently
is memorialized in federal regulations.
I urge my colleagues to support this amendment.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield 1 minute to the
distinguished gentlewoman from California (Ms. Zoe Lofgren).
Ms. ZOE LOFGREN of California. Mr. Chairman, just two points. I go to
the swearing in of the new citizens all the time, and I will say that
when the oath, the part that comes ``renounce absolutely any abjure
absolutely foreign prince potentate,'' it is pretty clear that they do
not know what a potentate is, and I will bet you a lot of Members of
this body do not know, either. So to freeze this language, I think, is
a mistake.
Number two, there is another issue. To report back to governments
when they get citizenship is going to be a risky venture for some. If
we have to tell the Cuban Government that one of their former citizens
has become one of our citizens, we put their relatives at risk to the
Castro regime.
I would like to also note that there are some countries that permit
dual citizenship. Among them, Israel. I really do not want to be part
of an effort to tell Americans who also have Israeli citizenship that
they have to renounce that. I thank the gentlewoman for yielding.
Mr. RYUN of Kansas. Mr. Chairman, I yield 1 minute to the gentleman
from Missouri (Mr. Akin).
Mr. AKIN. Mr. Chairman, I rise to support the Ryun amendment. What
this amendment does is it protects that long-standing and high standard
that is affirmed by our oath of allegiance, and it has been referred to
that this is a solemn moment, a proud moment, and for many people, it
is a dream that has come true.
Let us try to put this in a little bit of a perspective. This is, in
a sense, a form of what is sometimes called in old-fashioned language a
covenant, a covenant between a people and a person who wants to join a
nation.
What are other types of covenants? One of them is a marriage, where a
man and a woman pledge allegiance to each other equally. So this is a
solemn moment. Try to picture yourself getting married and saying, yes,
I want to get married, but I have got a couple of other marriages
going, too. That is not going to fly very well.
What this does, this is a dream come true. This is a commitment to a
country and to a way of life and to a set of principles. It is
something that has always been held in high regard. I think it is
totally appropriate for this Chamber to control some bureaucrats that
just want to change language and water it down.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself such time as I
may consume.
I agree with my distinguished colleague, it is a solemn time; it is a
time of commitment. Many of us who have participated in these oaths of
allegiance taken by throngs of new citizens in our jurisdictions have
seen the emotion, the tears, the commitment, the celebration, the
family commitment and the commitment to this Nation.
There has been no evidence that my good friend can show to suggest
that the allegiance as it is now written and stated is not sacred.
There is no evidence in purpose for it to be codified in law because it
has fragility to it, if you will.
I raise the point with my colleagues, when we have friendly nations
like Israel, are we to suggest that their commitment to the United
States is any less, that they would refuse to fight alongside any
Americans to defend our honor? Is there a reason to deny them the
commitment to a homeland that may have a particular uniqueness to them,
their family heritage, but yet they are here in the United States and
they would not refuse to fight for our honor and dignity?
This amendment seems to be without purpose, and certainly for those
countries where the person who is renouncing their citizenship is then
given to be allowed to have their name notified at that embassy, what
happens to those members or their families left behind?
I think that the gentleman may have good intentions, but, frankly, I
do not

[[Page H11984]]

think that we have found any, if you will, problem with the existence
in the process of the oath of renunciation and allegiance; and I would
just offer to say that when you go and see the new citizens not only
pledge to the flag of the United States but pledge allegiance, you know
that they are committed to the virtues and values of this country.
Mr. Chairman, I reserve my time.
Mr. RYUN of Kansas. Mr. Chairman, I yield myself such time as I may
consume.
First of all, I would like to thank the chairman of the committee for
his support and for some of my colleagues who have worked closely on
this.
The language in the oath finds its roots way back in the words of our
Founders, and the language has existed since 1950. I think it is
appropriate. I think we need to protect this language. I urge my
colleagues to support this amendment.
Mr. Chairman, I yield back the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself such time as I
may consume.
I just want to remind my colleagues that we are a Nation of
immigrants and a Nation of laws. I think it is important when we pass
legislation that we have a basis, a purpose. I do not think the
gentleman can document that anyone who has taken this oath and because
they have a dual citizenship that they have been any less a citizen.
John F. Kennedy said everywhere immigrants have enriched and
strengthened the fabric of American life.
I think this oath stands on its own merits, and, frankly, I believe
that we jeopardize our friends, those who have come to this country
with good intentions, when we cause them to have to be reported to
their embassy and jeopardize their families' lives. I would hope we
would be sensitive to that, and I would ask my colleagues to consider
that as they consider this amendment and vote ``no.''
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Kansas (Mr. Ryun).
The amendment was agreed to.

{time} 2100

Amendment No. 20 Offered by Mr. Royce

Mr. ROYCE. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN (Mr. Culberson). The Clerk will designate the
amendment.
The text of the amendment is as follows:

Amendment No. 20 printed in House Report 109-350 offered by
Mr. Royce:
At the end of the bill, add the following:

TITLE IX--ELIMINATION OF CORRUPTION AND PREVENTION OF ACQUISITION OF
IMMIGRATION BENEFITS THROUGH FRAUD

SEC. 901. SHORT TITLE.

This title may be cited as the ``Taking Action to Keep
Employees Accountable in Immigration Matters Act of 2005'' or
the ``TAKE AIM Act of 2005''.

SEC. 902. FINDINGS.

Congress finds the following:
(1) The mission of United States Citizenship and
Immigration Services (USCIS) is to faithfully execute the
immigration laws enacted by Congress and to ensure that only
those aliens who are eligible under such laws and who do not
pose a risk to the United States or its citizens or lawful
residents are able to obtain permission to remain in the
United States.
(2) Only United States citizens have an absolute right to
be in the United States; for all others, permission to enter
and reside here, either as nonimmigrants or immigrants, is a
privilege that is conditioned on following the rules of one's
admission and stay.
(3) It is important that United States Citizenship and
Immigration Services, like all other Federal agencies that
come into close contact with the public their customers.
(4) Immigration benefits fraud has become endemic. It
undermines the rule of law and threatens national security,
and so must be addressed aggressively and consistently.
(5) Internal corruption also threatens national security
and erodes the integrity of the immigration system. In order
to restore integrity and credibility to the system, the
backlog of complaints against United States Citizenship and
Immigration Services employees must be cleared by experienced
investigators as expeditiously as possible without
compromising the quality of investigations.
(6) In separating customs and border protection and
immigration and customs enforcement from United States
Citizenship and Immigration Services, Congress did not intend
to wholly eliminate all law enforcement functions within the
latter, nor is it possible for United States citizenship and
immigration services to achieve its mission without a law
enforcement function. the attempt to do so has produced the
current abysmal results. Thus, it is imperative that United
States Citizenship and Immigration Services embrace the
critical law enforcement function especially the internal
audit function.

SEC. 903. STRUCTURE OF THE OFFICE OF SECURITY AND
INVESTIGATIONS.

The Director of the Office of Security and Investigations
shall report directly to the Director of United States
Citizenship and Immigration Services.

SEC. 904. AUTHORITY OF THE OFFICE OF SECURITY AND
INVESTIGATIONS TO INVESTIGATE INTERNAL
CORRUPTION.

(a) Authority.--In addition to the authority otherwise
provided by this title, the Director of the Office of
Security and Investigations, in carrying out the duties of
the Office, has sole authority--
(1) to receive, process, dispose of administratively, and
investigate any criminal or noncriminal violations of the
Immigration and Nationality Act or title 18, United States
Code, that are alleged to have been committed by any officer,
agent, employee, or contract worker of United States
Citizenship and Immigration Services, and that are referred
to United States Citizenship and Immigration Services by the
Office of the Inspector General of the Department of Homeland
Security;
(2) to ensure that all complaints alleging such violations
are handled and stored in the same manner as sensitive but
unclassified materials;
(3) to have access to all records, reports, audits,
reviews, documents, papers, recommendations, or other
material available to United States Citizenship and
Immigration Services which relate to programs and operations
with respect to which the Director has responsibilities under
this title;
(4) to request such information or assistance as may be
necessary for carrying out the duties and responsibilities of
the Office from any Federal, State, or local governmental
agency or unit thereof;
(5) to require by subpoena the production of all
information, documents, reports, answers, records, accounts,
papers, and other data and documentary evidence necessary in
the performance of the functions assigned to the Office of
Security and Investigations, which subpoena, in the case of
contumacy or refusal to obey, shall be enforceable by order
of any appropriate United States district court (except that
procedures other than subpoenas shall be used by the Director
to obtain documents and information from Federal agencies);
(6) to administer to or take from any person an oath,
affirmation, or affidavit, whenever necessary in the
performance of the functions assigned to the Office of
Security and Investigations, which oath, affirmation, or
affidavit when administered or taken by or before an agent of
the Office of Security and Investigations designated by the
Director shall have the same force and effect as if
administered or taken by or before an officer having a seal;
(7) to have direct and prompt access to the head of United
States Citizenship and Immigration Services when necessary
for any purpose pertaining to the performance of functions
and responsibilities of the Office of Security and
Investigations;
(8) to select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions,
powers, and duties of the Office of Security and
Investigations subject to the provisions of title 5, United
States Code, governing appointments in the competitive
service, and the provisions of chapter 51 and subchapter III
of chapter 53 of such title relating to classification and
General Schedule pay rates;
(9) to obtain services as authorized by section 3109 of
title 5, United States Code, at daily rates not to exceed the
equivalent rate prescribed for grade GS-15 of the General
Schedule by section 5332 of title 5, United States Code; and
(10) to the extent and in such amounts as may be provided
in advance by immigration fee accounts or appropriations
Acts, to enter into contracts and other arrangements for
audits, studies, analyses, and other services with public
agencies and with private persons, and to make such payments
as may be necessary to carry out the provisions of this
title.
(b)(1) Upon request of the Director for information or
assistance under subsection (a)(4), the head of any Federal
agency involved shall, insofar as is practicable and not in
contravention of any existing statutory restriction or
regulation of the Federal agency from which the information
is requested, furnish to such Director, or to an authorized
designee, such information or assistance.
(2) Whenever information or assistance requested under
subsection (a)(3) or (a)(4) is, in the judgment of the
Director, unreasonably refused or not provided, the Director
shall report the circumstances to the Director of United
States Citizenship and Immigration Services without delay.
(c) The Director of United States Citizenship and
Immigration Services shall provide the Office of Security and
Investigations with appropriate and adequate office space at
central and field office locations of United States
Citizenship and Immigration Services, together with such
equipment, office supplies, and communications facilities and

[[Page H11985]]

services as may be necessary for the operation of such
offices, and shall provide necessary maintenance services for
such offices and the equipment and facilities located
therein.
(d)(1) In addition to the authority otherwise provided by
this title, the Director, the Deputy Director, the Assistant
Director of Security Operations, the Assistant Director of
Special Investigations, all 1811-series criminal
investigators, certain 1801-series investigative management
specialists, and security specialists supervised by such
assistant directors may be authorized by the Secretary of
Homeland Security to--
(A) carry a firearm while engaged in official duties as
authorized under this title or other statute, or as expressly
authorized by the Secretary;
(B) make an arrest without a warrant while engaged in
official duties as authorized under this title or other
statute, or as expressly authorized by the Secretary, for any
offense against the United States committed in the presence
of such Director, Assistant Director, or designee, or for any
felony cognizable under the laws of the United States if such
Director, Assistant Director, or designee has reasonable
grounds to believe that the person to be arrested has
committed or is committing such felony; and
(C) seek and execute warrants for arrest, search of a
premises, or seizure of evidence issued under the authority
of the United States upon probable cause to believe that a
violation has been committed.
(2) The Secretary shall promulgate, and revise as
appropriate, guidelines which shall govern the exercise of
the law enforcement powers established under paragraph (1).
(3)(A) Powers authorized for the Director under paragraph
(1) may be rescinded or suspended upon a determination by the
Secretary that the exercise of authorized powers by that
Director has not complied with the guidelines promulgated by
the Secretary under paragraph (2).
(B) Powers authorized to be exercised by any individual
under paragraph (1) may be rescinded or suspended with
respect to that individual upon a determination by the
Secretary that such individual has not complied with
guidelines promulgated by the Secretary under paragraph (2).
(4) A determination by the Secretary under paragraph (3)
shall not be reviewable in or by any court.
(5) No provision of this subsection shall limit the
exercise of law enforcement powers established under any
other statutory authority.

SEC. 905. AUTHORITY OF THE OFFICE OF SECURITY AND
INVESTIGATIONS TO DETECT AND INVESTIGATE
IMMIGRATION BENEFITS FRAUD.

The Office of Security and Investigations of United States
Citizenship and Immigration Services shall have authority--
(1) to conduct fraud detection operations, including data
mining and analysis;
(2) to investigate any criminal or noncriminal allegations
of violations of the Immigration and Nationality Act or title
18, United States Code, that Immigration and Customs
Enforcement declines to investigate;
(3) to turn over to a United States Attorney for
prosecution evidence that tends to establish such violations;
and
(4) to engage in information sharing, partnerships, and
other collaborative efforts with any--
(A) Federal, State, or local law enforcement entity;
(B) foreign partners; or
(C) entity within the intelligence community (as defined in
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).

SEC. 906. INCREASE IN FULL-TIME OFFICE OF SECURITY AND
INVESTIGATIONS PERSONNEL.

(a) Increase in GS-1811 Series Criminal Investigators.--(1)
In each of fiscal years 2007 through 2010, the Director of
the Office of Security and Investigations shall, subject to
the availability of security fees described in section 910 of
this title, increase by not less than 100 the number of full-
time, active-duty GS-1811 series criminal Discussion draft 10
investigators, along with support personnel and equipment,
within the Office of Security and Investigations above the
number of such positions for which funds were made available
during the preceding fiscal year.
(2) Division of Duties.--
(A) Internal affairs.--No fewer than one-third of the
criminal investigators, and support personnel, hired under
paragraph (1) shall be assigned to investigate allegations
described in paragraph (1) of section 904(a) of this title;
(B) Benefits fraud.--The remaining criminal investigators,
and support personnel, hired under paragraph (1) shall be
assigned to investigate allegations described in section 905
of this title.
(b) Increase in GS-1801 Series Investigation and Compliance
Officers.--(1) Subject to the availability of security fees
described in section 910 of this title, the Director of the
Office of Security and Investigations shall by fiscal year
2008 increase by not less than 150 the number of full-time,
active-duty GS-1801 series investigation and compliance
officers, along with support personnel and equipment, within
the Office of Security and Investigations above the number of
such positions for which funds were made available during
fiscal year 2006.
(2) Division of Duties.--
(A) Internal affairs.--No fewer than one-third of the
investigation and compliance officers, and support personnel,
hired under paragraph (1) shall be assigned to investigate
allegations described in paragraph (1) of section 904(a) of
this title;
(B) Benefits fraud.--The remaining investigation and
compliance officers, and support personnel, hired under
paragraph (1) shall be assigned to investigate allegations
described in section 905 of this title.
(c) Increase in GS-0132 Series Intelligence Research
Specialists.--(1) Subject to the availability of security
fees described in section 910 of this title, the Director of
the Office of Security and Investigations shall by fiscal
year 2008 increase by not less than 150 the number of full-
time, active-duty GS-0132 series intelligence research
specialists, along with support personnel and equipment,
within the Office of Security and Investigations above the
number of such positions for which funds were made available
during fiscal year 2006.
(2) Division of Duties.--
(A) Internal affairs.--No fewer than one-third of the
investigation and compliance officers, and support personnel,
hired under paragraph (1) shall be assigned to investigate
allegations described in paragraph (1) of section 904(a) of
this title;
(B) Benefits fraud.--The remaining investigation and
compliance officers, and support personnel, hired under
paragraph (1) shall be assigned to investigate allegations
described in section 905 of this title.

SEC. 907. ANNUAL REPORT.

The Director of the Office of Security and Investigations
shall annually submit to Congress a report detailing the
activities of the Office. The report shall include data on
the following:
(1) The number of investigations the Office of Security and
Investigations began, completed, and turned over to a United
States Attorney for prosecution during the past 12 months.
(2) The types of allegations investigated by the Office of
Security and Investigations during the past 12 months,
including both the allegations of misconduct by employees of
United States Citizenship and Immigration Services and
allegations of immigration benefits fraud.
(3) The disposition of all investigations conducted by the
Office of Security and Investigations during the past 12
months.
(4) The number, if any, of allegations pending at the end
of the 12-month period according to the type of allegation,
the grade level of the employee, if applicable, along with an
assessment of the resources the Office of Security and
Investigations would need, if any, to remain current with new
allegations received.

SEC. 908. INVESTIGATIONS OF FRAUD TO PRECEDE IMMIGRATION
BENEFITS GRANT.

Section 103 of the Immigration and Nationality Act (8
U.S.C. 1103) is amended by adding at the end the following:
``(j) Notwithstanding any other provision of law, the
Secretary of Homeland Security, the Attorney General, or any
court may not--
``(1) grant or order the grant of adjustment of status to
that of an alien lawfully admitted for permanent residence,
``(2) grant or order the grant of any other status, relief,
protection from removal, or other benefit under the
immigration laws, or
``(3) issue any documentation evidencing or related to such
grant by the Attorney General, the Secretary, or any court,
until any suspected or alleged fraud relating to the benefit
application has been fully investigated and found to be
unsubstantiated.''.

SEC. 909. ELIMINATION OF THE FRAUD DETECTION AND NATIONAL
SECURITY OFFICE.

Not later than 30 days following the date of enactment of
this title, the Secretary of Homeland Security shall
eliminate the Fraud Detection and National Security Office of
United States Citizenship and Immigration Services and
transfer all authority of such office to the Office of
Security and Investigations.

SEC. 910. SECURITY FEE.

Section 286(d) of the Immigration and Nationality Act (8
U.S.C. 1356(d)) is amended by inserting ``(1) '' before
``monies'' and adding at the end the following:
``(2) In addition to any other fee authorized by law, the
Secretary of Homeland Security shall charge each alien who
files an application for adjustment of status or an extension
of stay a security fee of $10, which shall be made available
to the Office of Security and Investigations to conduct
investigations into allegations of internal corruption and
benefits fraud.
``(3) In addition to any other fee authorized by law, the
Secretary of State shall charge each alien who files an
application for an immigrant or nonimmigrant visa a security
fee of $10, which shall be made available to the Office of
Security and Investigations to conduct investigations into
allegations of internal corruption and benefits fraud.
``(4) Any fees collected under paragraphs (2) and (3) that
are in excess of the operating budget of the Office of
Security and Investigations shall be made available to
Immigration and Customs Enforcement for the sole purpose of
investigating immigration benefits fraud referred to it by
United States Citizenship and Immigration Services.''.

The Acting CHAIRMAN. Pursuant to House Resolution 621, the gentleman
from California (Mr. Royce) and the

[[Page H11986]]

gentlewoman from Texas (Ms. Jackson-Lee) each will control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. ROYCE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I am urging my colleagues to support this amendment. We
need only look at a new study done by a staff member of the 9/11
Commission to see why we need to ensure that the U.S. Citizenship &
Immigration Service has a strong law enforcement component, which this
amendment guarantees, and why we need to have stronger measures to
fight fraud.
In this study, they looked at 94 terrorists, including six of the 9/
11 hijackers, who have operated on the U.S. soil between the early
1990s and 2004, and here is what they found: Two-thirds, 59 of them,
two-thirds of the foreign-born terrorists studied committed immigration
benefits fraud prior to or in conjunction with taking part in terrorist
activity. In 47 of these instances, immigration benefits sought or
acquired prior to 9/11 enabled the terrorists to stay in the United
States after 9/11 and continue their terrorist activities. In two of
these instances, terrorists were able to acquire immigration benefits
after 9/11. There were 11 cases of passport fraud and 12 instances of
visa fraud amongst these 94 terrorists. In total, 34 individuals were
charged with making false statements to an immigration official.
Fraud was used not only to gain entry into the U.S. but also to
remain in the country. And once they were in the United States, 23
terrorists applied for lawful permanent residence. Sixteen of those
were approved by the INS. Twenty-one terrorists applied for
naturalization, and 20 of them were approved and became citizens.
We need this amendment to ensure the U.S. Citizenship & Immigration
Service focuses on a law enforcement component to act as a backstop to
interior and Customs enforcement, and we fund it by providing that
aliens using our immigration system pay a modest security fee to
provide USCIS the resources and personnel it needs to fully investigate
and prosecute immigration benefits fraud and corruption. And just as
importantly, it stops potential fraud by prohibiting the granting of
any immigration benefits that are in question until a thorough
investigation has been conducted.
Mr. Chairman, I yield to the gentleman from Wisconsin.
(Mr. SENSENBRENNER asked and was given permission to revise and
extend his remarks.)
Mr. SENSENBRENNER. Mr. Chairman, I rise in support of the amendment.
The amendment acknowledges that immigration fraud has become endemic
and, even more seriously, that internal corruption at U. S. Citizenship
and Immigration Services threatens the national security and erodes the
integrity of our immigration system.
The extent and seriousness of the problem was brought to light in a
closed bipartisan session of the Subcommittee on Immigration, Border
Security and Claims of the Judiciary Committee earlier this year.
Although the serious allegations and investigations discussed there
cannot be discussed in the open, I urge my colleagues in the strongest
terms to pass this important amendment.
The ease with which unscrupulous immigration officials can be tempted
to issue visas or benefits in return for money, goods, or favors was
brought to light a month ago with the issuance of a Government
Accountability Office report on consular malfeasance. In that report,
it was revealed that the Diplomatic Security Service had investigated
28 cases of visa selling by State Department employees in the last few
years. Those were only the cases that were discovered in the some 200
consular sections located abroad. U.S. Citizenship and Immigration
Services conducts its application processing in the United States, and
yet thousands of allegations of misconduct, some involving criminal
acts and foreign influence, have yet to be investigated because of lack
of focus, resources, and confusion of sub-agency jurisdiction.
This amendment would ensure that an internal law enforcement division
within U.S. Citizenship and Immigration Services would receive,
process, and investigate allegations of misconduct and internal
corruption in a timely manner. To fund this office, a $10 fee will be
charged to all visa applicants.
The amendment would also provide that the Director of the division
would have the authority to subpoena documents, reports, and data, and
to appoint such officers as necessary to carry out the internal affairs
functions.
I urge my colleagues to support this very important amendment.
Mr. ROYCE. Mr. Chairman, I reserve the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, I appreciate the gentleman's intent on trying to fix a
problem that clearly needs to be fixed. We do not dispute the idea that
individuals applying for and receiving an immigration benefit should be
properly vetted and screened and that any and all allegations of fraud
should be thoroughly investigated, as I indicated earlier when I
thanked Mr. Sensenbrenner for joining me in an amendment that would
create a single database for fraudulent documents and have reports made
back to Congress on the trends.
I believe that individuals should be vetted and screened and that any
and all allegations of fraud should be thoroughly investigated, but the
problem is various agencies involved have been incredibly negligent in
ensuring that the checks and investigations are performed in a timely
fashion. Moreover, their respective databases are ripe with erroneous
information, and for the most part, they are still inoperable.
That speaks to the increasing need of resources to improve our
technology and to encourage and push the Federal Government to do its
job. This amendment, however, seeks to address the problem from the
wrong angle. Penalizing aliens by keeping them in limbo is no solution
to the problem. Indeed, our national security is further compromised by
the government's failure to timely vet these individuals.
I would like to work with the gentleman on increasing the resources
and giving a protracted time frame for these issues to be worked out.
Background checks are important, and the attendant investigations are
important to enable our government to identify and pursue the tiny
handful of immigrants and visitors who wish to do us harm. We want to
keep those who want to do us harm out; and those who are in, we want to
catch them and prosecute them and penalize them. We want to separate
them from the overwhelming majority who wish only to contribute to this
country, who come here for economic reasons and to support themselves
and their families.
So I would just suggest to the gentleman, if he wants to reform the
process, the solution is to require that the multiple agencies involved
put in place a workable system for conducting background checks and
fraud investigations in a manner that is timely, accurate and secure
and to provide them with the necessary resources to do so.
The gentleman's amendment has good intentions, and I support
generally the amendment, but it has a number of problems, and so I
would ask the gentleman to reconsider it.
Mr. Chairman, I reserve the balance of my time.
Mr. ROYCE. Mr. Chairman, we do not want these agencies to waive
instances where they have not had time to do the criminal background
checks or to check the terrorist watch list. And in order to make it
timely, in the amendment, we provide the revenue by having aliens who
use our immigration system pay a modest security fee. That provides the
very resources necessary here.
What do those resources go to besides to ensure this is done in a
timely manner? Well, this amendment also consolidates the data-
gathering function of the Office of Fraud Detection and National
Security in a law-enforcement focused division whose mission is to
detect, investigate and prosecute fraud and corruption, whether
internal or external to USCIS, and to serve as a centralized security-
related information clearinghouse for USCIS. So this information is
shared, and it encourages the criminal investigators responsible for
rooting out corruption and preventing immigration benefits fraud to
partner with the adjudications officers so that fraud may be detected
and prevented early in the application process.
For all of these reasons, I think this answers the very concerns
raised by the gentlewoman's objection, and it certainly provides the
additional resources to do it. Thus, I urge adoption of the amendment,
and I would just close by pointing out the one inescapable fact of the
94 terrorists studied in this country since 9/11: Two-thirds of

[[Page H11987]]

these foreign-born terrorists committed fraud, got past our immigration
system prior to taking part in attempted terrorist operations in our
country.
It only makes sense to tighten the system and ensure that we have the
proper investigations to catch the flags which had we caught prior to
9/11 might have prevented a terrorist attack. This amendment addresses
precisely that problem.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I hope that we will be able
to join with the gentleman on his purpose to vet and to ensure that
those who are receiving immigration benefits are vetted and screened
properly and that any allegations of fraud be investigated. I do not
think anyone has come to this floor to divide on the question of
ensuring that the homeland is protected. That means that we are
screening more carefully the visas as individuals are requesting to
come into the country.
We have implemented a number of new efforts to ensure that we are in
fact keeping terrorists away from the United States. But, again, the
concerns that I have are clearly that the resources are not there in
order to do the vetting that the gentleman is speaking of. And the
question is whether or not benefits will be held up while we are
attempting to vet without the necessary resources.
I would hope as this amendment makes its way through the Congress
that we will find a way to also push the Department of Homeland
Security, push the Federal Government to comply with the
recommendations of the 9/11 Commission and put in place the procedures
and the dollars that it takes to make the system work. As I indicated
to you, background checks and the attendant investigations are
important. It is important for the government to identify and pursue
the tiny handful of individuals who really come to do us harm. But we
have to separate the overwhelming majority who wish only to contribute
to this country.
We want reform. We have to reform the process. But the solution is to
require the multiple agencies involved to put in place a workable
system. That is my concern with the gentleman's amendment. But I would
simply hope that, as we look for solutions, we can work together for a
workable solution and a working system to make his plan work.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. Royce).
The amendment was agreed to.

Sequential Votes Postponed In Committee Of The Whole

The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments printed in House Report 109-350 on
which further proceedings were postponed, in the following order:
Amendment No. 15 by Mr. Westmoreland of Georgia.
Amendment No. 16 by Mr. Gonzalez of Texas.
Amendment No. 18 by Mr. Sullivan of Oklahoma.
The first electronic vote will be conducted as a 15-minute vote.
Remaining electronic votes will be conducted as 5-minute votes.

Amendment No. 15 Offered by Mr. Westmoreland

The Acting CHAIRMAN. The pending business is the demand for a
recorded vote on the amendment offered by the gentleman from Georgia
(Mr. Westmoreland) on which further proceedings were postponed and on
which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 247,
noes 170, answered ``present'' 1, not voting 15, as follows:

[Roll No. 657]

AYES--247

Aderholt
Akin
Alexander
Bachus
Baker
Bartlett (MD)
Bass
Beauprez
Berkley
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boswell
Boustany
Boyd
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Castle
Chabot
Chandler
Chocola
Coble
Cole (OK)
Conaway
Cooper
Costello
Cramer
Crenshaw
Cubin
Cuellar
Culberson
Davis (AL)
Davis (KY)
Davis (TN)
Davis, Tom
Deal (GA)
DeLay
Dent
Diaz-Balart, L.
Doolittle
Drake
Dreier
Duncan
Edwards
Ehlers
Emerson
English (PA)
Etheridge
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Gutknecht
Hall
Harman
Harris
Hart
Hastings (WA)
Hayes
Hefley
Hensarling
Herger
Higgins
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Inglis (SC)
Issa
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kuhl (NY)
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
Matheson
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Otter
Oxley
Paul
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Porter
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Salazar
Saxton
Schmidt
Schwarz (MI)
Scott (GA)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (NJ)
Smith (TX)
Sodrel
Spratt
Stearns
Sullivan
Sweeney
Tancredo
Tanner
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Wynn

NOES--170

Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berman
Bishop (NY)
Blumenauer
Boucher
Brady (PA)
Brown (OH)
Brown, Corrine
Butterfield
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Case
Clay
Cleaver
Clyburn
Conyers
Costa
Crowley
Cummings
Davis (CA)
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Emanuel
Engel
Eshoo
Evans
Farr
Fattah
Filner
Frank (MA)
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Hastings (FL)
Hayworth
Herseth
Hinchey
Hinojosa
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Matsui
McCollum (MN)
McDermott
McGovern
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Murtha
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Pelosi
Price (GA)
Price (NC)
Rahall
Rangel
Reyes
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (VA)
Serrano
Sherman
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Stark
Strickland
Stupak
Tauscher
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu

ANSWERED ``PRESENT''--1

Souder

NOT VOTING--15

Barrett (SC)
Barton (TX)
Davis, Jo Ann
Diaz-Balart, M.
Hyde
Istook
Kolbe
LaHood
McCarthy

[[Page H11988]]

Moran (VA)
Napolitano
Payne
Pomeroy
Young (AK)
Young (FL)

{time} 2138

Ms. BEAN, Messrs. SMITH of Washington, BRADY of Pennsylvania, DINGELL
and STRICKLAND changed their vote from ``aye'' to ``no''.
Ms. HART, Messrs. OTTER, BOSWELL, BISHOP of Georgia, DAVIS of
Alabama, KING of Iowa and CHANDLER changed their vote from ``no'' to
``aye''.
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated against.
Mr. MORAN of Virginia. Mr. Speaker, during rollcall vote No. 657 on
12/16/05 I was unavoidably detained. Had I been present, I would have
voted ``no.''

Amendment No. 16 Offered by Mr. Gonzalez

The Acting CHAIRMAN (Mr. Culberson). The pending business is the
demand for a recorded vote on the amendment offered by the gentleman
from Texas (Mr. Gonzalez) on which further proceedings were postponed
and on which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

[Roll No. 658]

AYES--87

Ackerman
Andrews
Becerra
Berman
Bishop (NY)
Boucher
Brady (PA)
Brown (OH)
Capps
Capuano
Carnahan
Case
Clay
Cleaver
Clyburn
Conyers
Cooper
Costello
Crowley
Cummings
Davis (CA)
DeFazio
DeGette
DeLauro
Emanuel
Engel
Eshoo
Evans
Fattah
Gonzalez
Green, Al
Green, Gene
Herseth
Honda
Hooley
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson, E. B.
Kilpatrick (MI)
Kucinich
Lantos
Larson (CT)
Lipinski
Lofgren, Zoe
Maloney
Markey
Marshall
Matsui
McCollum (MN)
McDermott
McGovern
McKinney
Melancon
Menendez
Miller (NC)
Obey
Ortiz
Owens
Pallone
Pascrell
Pelosi
Pomeroy
Rahall
Reyes
Roybal-Allard
Rush
Ryan (OH)
Sanchez, Linda T.
Sanders
Schiff
Schwartz (PA)
Smith (WA)
Stark
Tanner
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (NM)
Van Hollen
Velazquez
Waters
Watson
Waxman
Wexler
Wu

NOES--332

Abercrombie
Aderholt
Akin
Alexander
Allen
Baca
Bachus
Baird
Baker
Baldwin
Barrow
Bartlett (MD)
Bass
Bean
Beauprez
Berkley
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boswell
Boustany
Boyd
Bradley (NH)
Brady (TX)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Cardin
Cardoza
Carson
Carter
Castle
Chabot
Chandler
Chocola
Coble
Cole (OK)
Conaway
Costa
Cramer
Crenshaw
Cubin
Cuellar
Culberson
Davis (AL)
Davis (FL)
Davis (IL)
Davis (KY)
Davis (TN)
Davis, Tom
Deal (GA)
Delahunt
DeLay
Dent
Diaz-Balart, L.
Dicks
Dingell
Doggett
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Emerson
English (PA)
Etheridge
Everett
Farr
Feeney
Ferguson
Filner
Fitzpatrick (PA)
Flake
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Grijalva
Gutierrez
Gutknecht
Hall
Harman
Harris
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Higgins
Hinchey
Hinojosa
Hobson
Hoekstra
Holden
Holt
Hostettler
Hoyer
Hulshof
Hunter
Inglis (SC)
Inslee
Issa
Jefferson
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kuhl (NY)
Langevin
Larsen (WA)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
LoBiondo
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Manzullo
Marchant
Matheson
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris
McNulty
Meehan
Meek (FL)
Meeks (NY)
Mica
Michaud
Millender-McDonald
Miller (FL)
Miller (MI)
Miller, Gary
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Myrick
Nadler
Neal (MA)
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Oberstar
Olver
Osborne
Otter
Oxley
Pastor
Paul
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Royce
Ruppersberger
Ryan (WI)
Ryun (KS)
Sabo
Salazar
Sanchez, Loretta
Saxton
Schakowsky
Schmidt
Schwarz (MI)
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Snyder
Sodrel
Solis
Souder
Spratt
Stearns
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tauscher
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Turner
Udall (CO)
Upton
Visclosky
Walden (OR)
Walsh
Wamp
Wasserman Schultz
Watt
Weiner
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wynn

NOT VOTING--14

Barrett (SC)
Barton (TX)
Davis, Jo Ann
Diaz-Balart, M.
Hyde
Istook
Kolbe
LaHood
McCarthy
Napolitano
Payne
Reynolds
Young (AK)
Young (FL)

Announcement by the Acting Chairman

The Acting CHAIRMAN (during the vote). Members are advised there are
2 minutes remaining in this vote.

{time} 2147

Ms. HARMAN, Messrs. ETHERIDGE, KENNEDY of Rhode Island, DELAHUNT,
GEORGE MILLER of California, SPRATT, BACA, OLVER, and MEEHAN changed
their vote from ``aye'' to ``no.''
Mr. CUMMINGS, Mr. CONYERS, and Ms. HOOLEY changed their vote from
``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated against:
Mr. REYNOLDS. Mr. Speaker, on Friday, December 16, 2005, I was
unavoidably absent during rollcall vote No. 658.
Had I been present, I would have voted ``nay'' on rollcall vote No.
658.

Amendment No. 18 Offered by Mr. Sullivan

The Acting CHAIRMAN (Mr. Culberson). The pending business is the
demand for a recorded vote on the amendment offered by the gentleman
from Oklahoma (Mr. Sullivan) on which further proceedings were
postponed and on which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

[Roll No. 659]

AYES--163

Aderholt
Alexander
Bachus
Baker
Barrow
Bartlett (MD)
Beauprez
Berry
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boren
Boswell
Boyd
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Buyer
Calvert
Campbell (CA)
Cantor
Capito
Case
Chabot
Chandler
Chocola
Coble
Conaway
Cooper
Cramer
Crenshaw
Cubin
Culberson
Davis (KY)
Davis (TN)
Deal (GA)
Dent
Doolittle
Drake
Duncan
Edwards
Emerson
English (PA)
Everett
Forbes
Ford
Fortenberry
Franks (AZ)
Gallegly
Garrett (NJ)
Gibbons
Gingrey
Gohmert
Goode
Goodlatte
Gordon
Graves
Gutknecht
Hall
Harris
Hart

[[Page H11989]]

Hayes
Hayworth
Hefley
Herger
Herseth
Holden
Hostettler
Hulshof
Hunter
Inglis (SC)
Jenkins
Jindal
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
King (IA)
Kingston
Kline
Latham
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
Matheson
McCaul (TX)
McCrery
McHenry
McIntyre
McKeon
Melancon
Mica
Miller (FL)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Norwood
Nussle
Osborne
Otter
Paul
Peterson (MN)
Peterson (PA)
Pickering
Pitts
Platts
Poe
Pombo
Porter
Price (GA)
Pryce (OH)
Putnam
Ramstad
Renzi
Reynolds
Rogers (AL)
Rogers (MI)
Rohrabacher
Ross
Royce
Ryun (KS)
Saxton
Schmidt
Sessions
Shays
Sherwood
Shimkus
Shuster
Simpson
Skelton
Smith (TX)
Stearns
Sullivan
Sweeney
Tancredo
Tanner
Taylor (MS)
Taylor (NC)
Tiberi
Walden (OR)
Wamp
Weldon (FL)
Westmoreland
Whitfield
Wicker
Wilson (SC)

NOES--251

Abercrombie
Ackerman
Akin
Allen
Andrews
Baca
Baird
Baldwin
Bass
Bean
Becerra
Berkley
Berman
Biggert
Bishop (GA)
Bishop (NY)
Blumenauer
Boehlert
Bonilla
Boucher
Boustany
Brady (PA)
Brown (OH)
Brown, Corrine
Burgess
Burton (IN)
Butterfield
Camp (MI)
Cannon
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Carter
Castle
Clay
Cleaver
Clyburn
Conyers
Costa
Costello
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis, Tom
DeFazio
DeGette
Delahunt
DeLauro
DeLay
Diaz-Balart, L.
Dicks
Dingell
Doggett
Doyle
Dreier
Ehlers
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Feeney
Ferguson
Filner
Fitzpatrick (PA)
Flake
Foley
Fossella
Foxx
Frank (MA)
Frelinghuysen
Gerlach
Gilchrest
Gillmor
Gonzalez
Granger
Green (WI)
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Hastings (FL)
Hastings (WA)
Hensarling
Higgins
Hinchey
Hinojosa
Hobson
Hoekstra
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kildee
Kilpatrick (MI)
Kind
King (NY)
Kirk
Knollenberg
Kucinich
Kuhl (NY)
Langevin
Lantos
Larsen (WA)
Larson (CT)
LaTourette
Leach
Lee
Levin
Lewis (GA)
Lipinski
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Matsui
McCollum (MN)
McDermott
McGovern
McKinney
McMorris
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Michaud
Millender-McDonald
Miller (MI)
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murtha
Nadler
Neal (MA)
Northup
Nunes
Oberstar
Obey
Olver
Ortiz
Owens
Oxley
Pallone
Pascrell
Pastor
Pearce
Pelosi
Pence
Petri
Pomeroy
Price (NC)
Radanovich
Rahall
Rangel
Regula
Rehberg
Reichert
Reyes
Rogers (KY)
Ros-Lehtinen
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Shadegg
Shaw
Sherman
Simmons
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Sodrel
Solis
Souder
Spratt
Stark
Strickland
Stupak
Tauscher
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walsh
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Weldon (PA)
Weller
Wexler
Wilson (NM)
Wolf
Woolsey
Wu
Wynn

ANSWERED ``PRESENT''--1

McCotter

NOT VOTING--18

Barrett (SC)
Barton (TX)
Cole (OK)
Davis, Jo Ann
Diaz-Balart, M.
Hyde
Istook
Kennedy (RI)
Kolbe
LaHood
Lewis (CA)
McCarthy
McHugh
Napolitano
Payne
Rothman
Young (AK)
Young (FL)

{time} 2155

So the amendment was rejected.
The result of the vote was announced as above recorded.
Mr. ORTIZ. Mr. Chairman, I thank the gentleman from Wisconsin for his
effort at pulling together this bill. Reforming immigration in this
Nation--and reinforcing the borders, as I have advocated for over a
year and a half--is a difficult proposition.
However, the gentleman from Wisconsin and those that are in support
of this bill do not seem to understand the complexities of border and
immigration policy. The bill before us today would do little to solve
the immigration problem, and it is not what we need to reform
immigration policy and to reinforce our borders.
Any effort by Congress to truly reform immigration and protect our
borders must address the root causes of illegal immigration. As
President Bush has stated, people come to the country to do the jobs
Americans do not want to do. We must understand that it is our labor
market that draws them to the U.S., and we must address how the U.S.
could absorb the economic blow of losing this part of our labor market
that keeps prices artificially low for consumers. Are businesses ready
to pay high wages to agriculture workers? Are Americans ready to absorb
that cost and pay higher prices for their produce?
An honest policy discussion is needed to address the complete
problem--our broken immigration system and the needs of our labor
market.
Although my colleagues on the other side of the aisle claim this bill
will secure our borders, it does nothing of the sort. Nothing in this
bill guarantees funding for detention facilities, Border Patrol agents,
immigration judges or prosecutors.
The single most important thing we can do in Congress is invest in
homeland security. However, our experience has been this: Numerous
Members of Congress put forth ideas about how to fix border security,
but funding these ideas has been impossible.
Let's use 2005 as an example. One year ago, the 9/11 Commission did
what Congress's current majority could not do: It investigated the
events leading up to the attacks on the United States, and made solid
suggestions to the Nation about how the Government could prevent
similar attacks in the future.
On the issues of Border Patrol agents and detention beds, the 9/11
Commission said the very least the United States needed to do was add
2,000 agents annually--for 10 years--and 8,000 detention beds annually.
Congress agreed, and passed the bill overwhelmingly.
How did the President and Congress react when it came time to pay for
it all? The President's budget proposed funding 200 Border Patrol
agents this year--that's 1,800 short of the least we should do--and
1,900 detention beds--that's 6,100 short of the least we should do.
Congress acted a little better, passing an emergency spending bill
and a spending bill for homeland security that netted us a total of
1,500 Border Patrol agents--still 500 short of 9/11 Commission
recommendations--and 4,250 detention beds--still 3,750 short of 9/11
Commission recommendations.
We are playing a shell game with our border security and, by
extension, our national security. On the one hand, every single elected
official is for more border security. Yet, the leadership in Congress
does not have the political courage to pay for it.
This is what always hangs us up. There's no money and no political
will to change the equation.
The American people deserve an honest debate on how to protect our
homeland. All of us in Congress understand the world changed after
September 11. For that reason, we must put forth a solution to bring
out of the shadows the 8 to 11 million people who are in this country
now, paying taxes and doing hard labor and have an honest discussion,
absent the politics.
Mr. VAN HOLLEN. Mr. Chairman, the Congress has been negligent in
dealing with the challenge of border security, homeland security and
immigration policy reform. We must do what is necessary to protect our
homeland and implement comprehensive immigration reform. It is time to
address these issues in a meaningful way.
Unfortunately, this legislation fails to meet the test. This bill
does contain some important provisions that will enhance border
security. Indeed, the bill that emerged from the Homeland Security
Committee was one that I could basically support. Unfortunately, the
Judiciary Committee put politics over policy and added a number of
highly objectionable provisions. Some of these provisions will turn a
number of well-intentioned and law abiding citizens into criminals and
felons. Other provisions penalize many individuals who have come to
this country lawfully but have, through no fault of their own, become
ensnared in a bureaucratic snafu with the Citizenship and Immigration
Services where if someone misses a deadline by a day in changing their
visa category they can be prosecuted for unlawful presence. Moreover,
visitors from other countries who are here on tourist visas but cannot
return to their country within the visa timeframe because of a natural
disaster or the outbreak of civil war will be made into criminals.
This bill is also flawed in a number of other respects. First, it
creates the dangerous illusion that we are addressing the most pressing
homeland security issues, when we are not. The 9/11 Commission recently
released its assessment of the progress being made by the

[[Page H11990]]

Bush administration and this Congress on the adoption of its
recommendations. More than half of the grades issued by the commission
were Ds or Fs. This bill does not address any of the shortcomings
identified by the 9/11 Commission. As such, it is a fraud on the
American people to pretend that this bill significantly enhances
homeland security. We are missing an important opportunity to remedy
the homeland security failures identified by the 9/11 Commission.
Finally, this bill contains another gaping hole--the failure to
address the issue of the approximately 11 million undocumented persons
that are currently in the United States. President Bush has repeatedly
stated that any immigration reform effort must find a way to bring
these individuals out of the shadows of our communities. A number of
thoughtful bills have been introduced to address that issue, including
one introduced by two of our Republican colleagues, Representatives
Flake and Kolbe. On the Senate side, the McCain-Kennedy legislation
contains a number of ideas to address this issue. By refusing to allow
a vote on these proposals, we do a disservice to our Nation. Once
again, the House is abdicating its responsibility by failing to
squarely meet the challenge we face.
Let me also say a word about the amendment offered to this bill to
construct a partial fence along our southwest border. I support the
construction of a fence to better secure our border and supported its
funding in the Homeland Security Appropriations Act. However, the
amendment offered by Mr. Duncan doesn't simply provide for a fence. In
a typical example of congressional over-reaching and micromanagement,
the amendment specifies exactly how such a fence will be built and the
precise location of each segment of the fence. We are neither engineers
nor construction managers nor do we know the best alignment of such a
fence. We should simply direct the experts to construct a fence that
accomplishes the objective of limiting illegal immigration and allow it
to be built in the most cost-effective manner.
Mr. Chairman, I believe that this bill contains some positive changes
that enhance border security at the same time it leaves a number of
gaping holes and includes a number of provisions that take us in the
wrong direction. On balance, I believe this is a flawed bill. I hope
the Senate will address the serious shortcomings in this bill so we can
adopt a meaningful bill that meets the challenges that we face.
Mr. MENENDEZ. Mr. Chairman, from the congressional district that I
have had the honor of representing over the past 13 years, one can see
the Statue of Liberty. Ellis Island is a place that has been the
gateway to opportunity for millions of new Americans. For me, it is a
shining example of the power of the American dream, a place that
launched millions down their own road to success. Like millions of
Americans, my own parents came to this country fleeing tyranny and
searching for freedom. Because of this, the debate that we started
yesterday and continue today is of special and personal interest to me.
So, America has a proud tradition as a nation of immigrants and a
nation of laws. But unfortunately, our current immigration laws and
system have failed us.
As a predicate for labor to grow, and for the country to achieve all
the things it needs to, we need tough, smart, and comprehensive
immigration reform that reflects current economic realities, that
respects the core values of family unity and fundamental fairness, and
that upholds our proud tradition as a nation of immigrants.
We need to aggressively seek to curtail crossings at the border and
we need smart enforcement measures that prevent illegal immigration, so
that our immigration system is safe, legal, orderly, and fair to all.
Our goal should be neither open borders nor closed borders, but smart
borders.
Now, tough enforcement laws may make us feel good, but they do not do
the job all by themselves. Since 1986, we have tripled the number of
Border Patrol agents and increased the enforcement budget 10 times
over, but we haven't made a dent in the number of undocumented workers
who make it here.
Mr. Chairman, 1 year ago tomorrow, President Bush signed into law the
Intelligence Reform and Terrorism Prevention Act. As one of the
conferees on that bill, I want to remind Members that it contained 43
sections and 100 pages of immigration-related provisions. These tough,
but smart new measures include, among others, adding thousands of
additional Border Patrol agents, Immigration and Customs investigators
and detention beds, and criminalizing the smuggling of immigrants, just
as the 9/11 Commission recommended.
I am sure that the American people assume that their government has
not only implemented, but also fully funded these tough measures to
ensure our Nation's safety. Unfortunately, the President's budget and
the Republican Congress have chosen not to do so. In fact, as part of
the fiscal year 2006 appropriations process, the Republican Congress
has provided a shortfall of: 500 Border Patrol agents of the 2,000 new
Border Patrol agents called for this year by that law; 482
investigators of the 800 immigration enforcement investigators; and
4,130 detention beds of the 8,000 additional detention beds required.
So much for being tough. And so much for fully funding what is called
for in the bill we are currently debating. I mean, who truly believes
that we will fully fund and build the fence along the southwest border
of the United States that so many of my colleagues voted for last
night?
So we are not only passing a variety of provisions that will most
likely never be fully funded or enforced, but we are also criminalizing
not only millions of undocumented workers in the United States, but
also citizens of this country.
Under the guise of a much broader definition of smuggling, this bill
could allow the Government to prosecute almost any American who has
regular contact with undocumented immigrants. Certainly alien smuggling
and trafficking for profit are activities that need to be sanctioned,
and current law, part of last year's intelligence reform bill, provides
for harsh penalties.
However, under the broad language contained in this bill:
A soccer mom who drives her neighbor to the grocery store, or has a
live-in nanny could be penalized for ``transporting'';
The church group that provides food aid, shelter, or other assistance
to members of its community could be penalized for ``assisting or
encouraging'';
An aid worker who finds an illegal entrant suffering from dehydration
in the desert and drives that person to a hospital could be penalized
for ``transporting'';
A counselor who assists a victim of domestic violence and her
children could be penalized for ``assisting or encouraging'';
The landscaper who drives his workers to jobs could be penalized for
``transporting'';
A U.S. citizen living with an undocumented spouse could be considered
to be ``assisting or encouraging'' her spouse's presence; and
Last, but certainly not least, our district caseworkers could be
penalized for either ``assisting or encouraging'' or even
``transporting'' as part of their official congressional duties.
I urge my colleagues on both sides of the aisle to vote against the
underlying bill. By doing so, we then could work not as Democrats and
Republicans, or Congressmen and Senators, but as Americans to bring our
policies in line with our Nation's ideals and values.
Mr. HOLT. Mr. Chairman, I rise today to oppose the so called Border
Protection, Antiterrorism, and Illegal Immigration Control Act of 2005,
H.R. 4437. I am deeply concerned by this bill's enforcement-only focus
and the simple fact that it fails to seriously address our Nation's
true immigration problems.
Our Nation's immigration system is broken. It does not work. Our
legal immigration system does not meet the needs of American employers,
lawful immigrants seeking residence in the U.S., and families seeking
to reunite and pursue the American dream.
And yet that does not need to be the case.
One of the main reasons we have a huge illegal immigration problem is
that our legal immigration system just does not work. We could be
talking today about the widely recognized problems and debate
comprehensive immigration reform. But we will not do that today.
I am deeply troubled that this bill, which would drastically alter
our Nation's immigration laws, was rushed to the House floor just a
little more than a week after it was introduced and after only one
committee hearing it was voted out on party lines. On this key issue we
should be able to work together.
Immigration is not a Republican or Democratic issue. It is truly an
American issue.
The history of America is a history of immigration and immigrants.
From the first Europeans to settle on our shores in places like
Jamestown and Plymouth, to the millions who were greeted by the Statue
of Liberty and Ellis Island trying to flee hunger and poverty in the
Old World in search of a new life and a new start in America, legal
immigrants continue to this day to be a vital part of our social fabric
and our economic growth.
I firmly believe in the necessity of legal immigration. Our country
was founded on the principle of immigration, and we are fortunate to
have millions of hardworking, law-abiding immigrants living in this
country. Studies show that, far from being a tax burden on us,
immigrants add billions of dollars to the

[[Page H11991]]

U.S. economy. Statistics also reveal that immigrants are likely to set
up their own businesses, which creates jobs for workers and sales
opportunities for American companies. It is important to recognize the
many benefits--economic and otherwise--that legal immigrants provide to
our country.
However, like many Americans, I am concerned about the influx of
illegal immigrants into our country. I believe the best answer to this
problem is to comprehensively address our Nation's legal immigration
system and to also fully and effectively enforce our immigration laws
on the books.
But this bill focuses almost solely on new enforcement actions. It is
a piecemeal attempt to solve a much larger problem and it will end up
jailing foreign citizens who come illegally into the United States and
make all employers in the country deputy immigration officials. These
are not sensible solutions to the immigration problems that exist. I
strongly believe that we need to secure both our southern and northern
borders. It is also imperative to secure our seaports and airports. But
we also need to acknowledge and deal with the fact that an estimated 11
million illegal immigrants hide in the shadows of our country. This
bill simply ignores them and tries to fool the public into thinking
that real changes are being made to secure our borders.
Over the last 20 years, Congress has passed into law 17 different
immigration-related pieces of legislation. But a clear problem still
remains. Rather than seriously doing something about immigration, the
Congress has passed politically expedient but not policy-based
legislation. It is clear that the Immigration and Nationality Act, INA,
needs dramatic changes and the American people have continually called
for such changes. The INA needs to be updated to meet the labor
shortages that American employers face. It needs also to be
fundamentally altered in how it handles foreign-born workers. Too often
the INA is more complex and arcane than even the IRS Tax Code. This
leaves businesses, citizens and prospective immigrants confused and
unsure of what to do.
In my central New Jersey district alone this means that I have more
than one full-time employee to help the citizens and residents of my
district navigate these laws and the out-of-control bureaucracy they
have created.
This bill is extreme and will not fix these arcane rules and
procedures. And it will certainly fail to do what it promises. This
bill requires the Department of Homeland Security to detain all illegal
immigrants who enter the United States until they can be returned to
their country of origin. Yet the bill does nothing to provide DHS with
facilities or capacity to do just that. DHS will not be able to meet
this flawed expectation and it will prove to be an untenable burden on
an already over-extended detention system.
The bill also creates a new Employment Eligibility Verification
System, EEVS, based on a small previously existing pilot program. This
would require all employers to check their employees' work status. This
essentially deputizes employers as immigration officers and forces an
undue burden on them to do the Government's work. Currently, employers
are already required to check the work documents of all of their
employees. The GAO has estimated that this new provision alone will
push an unfunded mandate on employers of close to $12 billion a year.
This simply is not a practical solution.
This bill is strongly opposed by a broad range of organizations such
as U.S. Chamber of Commerce, American Immigration Lawyers Association,
American Nursery & Landscape Association, Catholic Charities USA,
Associated Builders and Contractors, United Auto Workers, and even the
U.N. High Commissioner for Refugees. This broad coalition of
organizations and interest groups understands that this is not a
solution to our existing immigration problem and in fact may exacerbate
the problem.
I urge my colleagues to oppose this bill and to seriously and
comprehensively address the important issue of immigration.
Mr. AL GREEN of Texas. Mr. Chairman, I would like to express my
strong opposition to H.R. 4437, the Border Protection, Antiterrorism,
and Illegal Immigration Control Act of 2005.
While I believe that immigration reform is urgently needed and must
include strong and effective enforcement provisions, this legislation
will not solve our Nation's immigration problems. It fails to address
many of the most important elements of immigration reform, including
backlogs in family visas, regulation of the future flow of immigrants,
and the presence of a sizable undocumented community in the United
States. Instead it harms American families, businesses, and
communities. Its impact on the Latino and immigrant communities would
also be devastating.
Among the many anti-immigrant measures in H.R. 4437 are provisions
that would: (1) strip citizenship opportunities that are currently
available to legal immigrants; (2) curtail crucial due process rights
in immigration proceedings; (3) make it a criminal offense to remain in
the country illegally after entering legally; and (4) deputize local
law enforcement officials to enforce Federal immigration laws over the
objections of many such officials, who believe that this authority
undercuts their ability to protect the public safety.
This enforcement-only approach has not worked in the past and will
not work in the future if it is not combined with measures that address
the 11 million undocumented immigrants already in the country. That is
why I support and have cosponsored H.R. 2330, the bipartisan
comprehensive immigration reform bill sponsored by Representatives Jim
Kolbe, Jeff Flake, and Luis Gutierrez. This bill combines tough
enforcement with realistic admission policies, has bipartisan support,
and is workable.
All Americans want effective reforms of the Nation's immigration
laws, not shortsighted measures that appear tough on immigration but do
not resolve the underlying problems. Only a comprehensive approach that
provides a path to citizenship for current undocumented immigrants,
creates new legal channels for future flows of needed immigrants,
reduces family immigration backlogs, and protects worker rights will
reduce undocumented immigration and bring order to our immigration
system. H.R. 4437 does not take us down the path of real immigration
reform.
I stand should-to-shoulder with groups like the AFL-CIO, ACLU, Anti-
Defamation League, U.S. Chamber of Commerce, Human Rights Watch,
Leadership Conference on Civil Rights, MALDEF, and National Council of
La Raza.
I ask that all my colleagues join me in my opposition to this flawed
immigration bill.
Mr. CROWLEY. Mr. Chairman. I rise in opposition to H.R. 4437.
Immigrants--who are likely counted among the families of most members
of this body--work, pay taxes, serve in our military, and contribute in
a resoundingly positive way.
And our burdensome, inefficient immigration system is not working for
immigrants and it is not working for our country.
Unfortunately, this bill lets down immigrants, those who depend on
them, and our Nation on the whole.
There is a lot that is troubling in this bill, but also troubling is
what is not in this bill.
Real immigration reform and security improvements cannot end with a
discussion on enforcement anymore than you can make a peanut butter and
jelly sandwich without peanut butter.
Immigration is about so much more. Immigration is also about bringing
families together, and supplying a pathway to citizenship for those who
come here and contribute.
Moreover, it is foolish to pretend that we have somehow solved our
immigration or security concerns by simply making it harder for people
to come or stay here. That is simply increasing the incentive for
immigrants to immigrate, live and work in the shadows.
And that is a loss for immigrants, their families, society, and
national security.
Make no mistake--our immigration system needs reform. And it is
appropriate to discuss how to best enforce our laws and secure our
borders. Certainly none of my constituents in New York City are
interested in making things easier on terrorists who use our
immigration system to harm America.
But let's make sure the enforcement tactics we're talking about make
sense. And let's make sure our tactics actually make us safer. And
let's make sure that immigration reform does not end with enforcement.
Because at the end of the day, immigration is too important to just
take the most simplistic response and label it a solution.
Fortunately, there is a better bill--a bipartisan bill offered by
Congressmen Kolbe, Flake, and Gutierrez. A bill that reduces
immigration backlogs and helps family reunification. A bill that
recognizes that comprehensive immigration reform--as opposed to
strictly discussing enforcement--is the only way to protect both the
security and the ideals of the U.S.
And this is certainly not that bill.
Mr. DINGELL. I rise in opposition to H.R. 4437. Like many of my
colleagues, I believe we should enforce our immigration laws and ensure
we stem the tide of illegal immigration. However, this bill goes too
far.
It is a heavy handed approach to immigration. But you may say,
``Dingell, we have a problem, we must do something.'' I say to that:
Read the fine print. This bill not only penalizes illegal immigrants,
but families, asylum seekers, good Samaritans, and most importantly,
law abiding, U.S. citizens. This bill goes too far.
First, this bill harshly penalizes families, in particular family
unity. For instance, under Title VI of the bill, millions of immigrants
would be barred from gaining lawful resident status, even those whose
spouses or children are

[[Page H11992]]

U.S. citizens. Without lawful resident status, those immigrants would
be sent to their country of origin, forced to leave their loved ones
behind. This bill goes too far.
Next, good Samaritans would be harshly penalized. If a person finds
an illegal immigrant injured, and takes that person to a hospital, the
law would label the Samaritan a felon. This bill goes too far.
Mr. Speaker, asylum seekers would be unduly penalized. This bill
redefines the status of many asylum seekers, making them felons under
the law, and would disallow many from having a hearing before they are
deported back to the country from which they are seeking asylum. This
bill goes too far.
Most importantly, U.S. citizens would be penalized. This bill
mandates that employers use the Employment Verification System.
According to the GAO, building the type of database to verify
employment envisioned by this bill will cost at least $11.7 billion per
year. Furthermore, the GAO identified other problems within this flawed
system that threaten to deny employment for many able bodied Americans.
This bill goes too far.
I would note that a wide array of groups is opposed to this
legislation from the United Auto Workers, to the United States
Conference of Catholic Bishops, to the United States Chamber of
Commerce, Americans for Tax Reform, and the American Immigration
Lawyers Association. During these very polarized times, when these
vastly different groups are opposed, it raises a few eyebrows. And it
does so for good reason. I urge my colleagues to vote against this
bill. Let's craft a well rounded bill that enforces our immigrant laws,
allows for avenues for citizenship, and that does not drive illegal
immigration further underground.
Mr. CARDIN. Mr. Speaker, it is absolutely critical that Congress pass
meaningful and effective border security and immigration reform. Since
the 9/11 terrorist attacks, Congress has taken significant steps to
secure our border and prevent another terrorist attack on our soil.
Congress created the Department of Homeland Security, DHS, and a strong
Director of National Intelligence, which constituted the largest
reorganization of our law enforcement and intelligence services since
WorId War II.
I supported the bipartisan version of the homeland security and
immigration reform bill that passed the House Homeland Security
Committee last month. As a former member of the committee, I agree that
the United States must: move rapidly to establish operation control of
all borders and ports; end our ``catch and release'' practice of aliens
apprehended crossing the border illegally; effectively organize the
border security agencies within the Department of Homeland Security;
and promote international policies to deter illegal immigration.
I also agree with the former 9/11 Commissioners, who recently issued
a report which concluded that Congress and the administration have much
more work to do to make America safer, and gave our Government fair to
poor grades for our current level of border security. I agree that
Congress and the administration should take immediate action to:
produce a terrorist travel strategy to intercept and disrupt their
operations; create a comprehensive screening system for travelers;
create a biometric entry-exit screening system for all land borders;
improve international collaboration on borders and document security;
and standardize secure identifications.
I am disappointed, therefore, that the leadership of the House of
Representatives has failed to allow the House to take up a
comprehensive homeland security and immigration reform bill that
addresses the pressing vulnerabilities in our border security. The bill
before the House, passed on a party-line vote in the Judiciary
Committee, is not a balanced, thoughtful approach to the issue. This
bill is a punitive bill which is neither enforceable nor workable. This
bill has little chance of enactment. Border security is too important
and should be included in legislation that can be quickly enacted.
This legislation is opposed by a vast number of groups from across
the political spectrum, including businesses, labor unions, faith-based
organizations, civil rights organizations, human rights organizations,
and immigrant advocacy organizations.
I therefore ask my colleagues to reject this legislation.
Mr. CANNON. Mr. Chairman, I rise today to commend Chairmen
Sensenbrenner and King for their work on the manager's amendment to
H.R. 4437.
The manager's amendment amends Title VII of H.R. 4437 by including
language that I authored that prevents the mandatory construction of
day labor facilities by private businesses in order for them to conduct
business.
An increasing number of local governmental entities are requiring
businesses to undertake new, onerous obligations with regard to day
laborers as a condition of getting a use permit necessary to conduct
business. Examples include requirements that businesses build
structures with toilets and water fountains at or near their private
property to house day laborers, while they wait for employment
opportunities with contractors or customers of the business. The local
ordinances typically require that a business maintain the structures,
including providing security and janitorial services.
These obligations are costly and represent an unwarranted
interference by governmental entities with the rights of businesses to
use and operate their private property. Worse, these local ordinances
are unreasonable because they go beyond safety issues. They force
businesses to use their property to facilitate employment through the
creation of a de facto hiring hall.
These ordinances expose the businesses to potential liability on a
number of fronts.
I offered language that amends the existing preemption of the
employer sanctions provisions of the INA (8 U.S.C. Sec. 1324a) as they
relate to State and local governments.
Enacted in 1986, this section preempts State and local governments
from applying the employer sanctions provisions of the INA.
The language of Section 708 included in the manager's amendment adds
an additional preemption paragraph that preempts any State or local law
that requires a private business to build and maintain what is
essentially a hiring hall as the price of doing business in that city.
I understand and empathize with the State and local governments as
they grapple with illegal immigration, but immigration is a national
problem that must be addressed by Congress.
Piecemeal and patchwork local ordinances only add to the confusion
surrounding this issue.
I thank the Chairmen for working with me to resolve this issue.
Mr. KOLBE. Mr. Chairman, I rise in opposition to the Border
Protection, Antiterrorism, and Illegal Immigration Control Act.
This bill is fundamentally flawed. By taking an approach that
implements only enforcement measures, and does not look comprehensively
at the problem, we will only worsen our current situation and do
nothing to solve our immigration problems.
I support border enforcement.
In my State of Arizona, we have increased the number of Border Patrol
agents by tenfold, quintupled the immigration enforcement budget, and
overhauled the arsenal of high-tech equipment along the border.
But we have learned a hard lesson in Arizona: No matter how much we
increase our enforcement, still the illegal migrants kept coming, at
the same rate or faster than they had come in previous years. In fact,
during that period, the probability of catching illegal immigrants
along the U.S.-Mexico border actually fell to an all-time low of 5
percent in 2002. The border buildup did not stop the flow; it merely
shifted it to more dangerous areas, where apprehensions are more
difficult and death more likely.
This bill would continue that failed policy, by seeking only
enforcement provisions, without creating a realistic, legal channel for
workers to come here and help grow our economy.
The only way to truly solve the problem is to include a legal channel
for willing American employers to connect with willing foreign workers
where no U.S. citizens are available or willing to fill the job.
Otherwise, immigrants will continue to pour over our borders in search
of jobs and a better way of life.
At the same time, we must also create a tough but workable way to
bring out of the shadows the millions of people who currently live in
our country without documentation. We must say to those who break our
laws that they will pay a stiff fine and they must go behind everyone
else that wants to become a proud citizen of this country. Anything
less than this will undermine our national security at a time when
Americans are demanding to know who is living within our borders. Some
have called the payment of large fines and other penalties ``amnesty.''
But I say that it is this bill's unrealistic, unworkable approach that
amounts to amnesty. That's true because under this bill undocumented
people living here will remain in the country with nothing happening to
them. This bill ignores the problem. I think most members know this.
But we are going to continue this charade, continue trying to fool the
American people, continue pretending we are doing something to prevent
illegal immigration.
Without real, workable provisions, the American people will rightly
be even more angry over our duplicitous shell game.
Enhanced enforcement is an integral part of improving our Nation's
security. But, enforcement alone without other reforms has not and will
not secure the border.
Mr. Chairman, simply stated, we should defeat this bad bill and bring
back to the House a real bill, a comprehensive bill that tackles all
the pieces of the immigration puzzle.
Mr. BLUMENAUER. Mr. Chairman, the Border Security Act of 2005 will
not mend our broken immigration system. This legislation is narrowly
focused on interior security and enforcement while it falls far short
of providing

[[Page H11993]]

the workable solution that we desperately need. With more than 11
million undocumented immigrants living and working in our country,
simply increasing the already harsh penalties for immigration
violations and placing a larger burden on employers is an inadequate
approach to our immigration crisis.
By not containing a guest worker program, this legislation fails to
address the presence of the sizable undocumented community in the
United States. It's widely recognized that agri-business,
manufacturing, hospitality and restaurant industries depend on millions
of undocumented workers. Without a practical approach to this issue,
real reform remains out of reach.
American taxpayers have invested billions of dollars to secure our
borders and end illegal immigration, yet the number of undocumented
immigrants in the U.S. has increased more in the past five years than
ever before in our Nation's history.
In order to secure our borders, legalize our workforce, and advance
our economy we must develop true comprehensive immigration reform.
Mr. FARR. Mr. Chairman, I rise in opposition to H.R. 4437. It is so
egregious I do not even know where to begin.
H.R. 4437 does not address the heart of the immigration problem--what
to do with those 11 million undocumented people who already reside in
this country. This bill is ready, however, to intimidate and
criminalize any immigrant who believes in the American Dream and acts
on it. H.R. 4437 contains border and law enforcement provisions that
give this bill the facade of substance but in reality, this legislation
is hollow. It's like having the framework of an army tank, but no
engine. Just as an army tank will not work without an engine, America's
immigration problem will remain unresolved without addressing a
guestworker program.
This legislation only offers a false promise of protection. Real
protection would come from identifying those undocumented aliens
already residing in this country. Real protection would come from
assimilating and welcoming immigrants into our society, as we have done
in the 230 years before today. Real protection would not automatically
condemn the bus boy at your local favorite restaurant, your house
keeper, or farmworkers who ensure you can eat fresh vegetables year
round. Creating an ``us verses them'' attitude will not foster true
homeland security.
I urge you to reject H.R. 4437.
Miss McMORRIS. Mr. Chairman, what has made America great have been
the opportunities given to everyone in this country. Since our
founding, individuals and families have come to America to seek
freedom, opportunity and the choice for a better life.
Everywhere I travel throughout Eastern Washington, I hear from people
demanding we do a better job of controlling our borders and reducing
illegal immigration. This past year, my office helped with nearly 150
immigration cases. It has become increasingly difficult for those who
would like to enter our country legally and choose to obey the law to
do so. For example, one family went through a 17-year process before
they were allowed to come over legally. We must find a way to have
responsive and legal immigration for those who desire to come.
In Congress my priorities include growing our economy and keeping our
Nation and community safe. In my opinion, this includes a comprehensive
immigration policy that addresses the growing problems related to
illegal immigration but also ensures that our efforts do not unduly
hurt our local and national economy.
The Border Protection, Antiterrorism, and Illegal Immigration Control
Act of 2005 will bolster our border security, increase interior
enforcement efforts, crack down on human trafficking, and reestablish
respect for current immigration laws.
While this is an important component, any comprehensive immigration
bill must take into account our national and regional economy, which
must have the workforce to meet the demands in agriculture and other
service industries. Agriculture is the number one industry in
Washington State, producing thousands of jobs and over $1 billion in
revenue for Eastern Washington. Our farmers help supply the country
with a safe and stable food supply and they must have enough workers.
The agriculture industry in Washington is currently experiencing
overall labor shortages. When I visited Crane and Crane Orchards last
month in Brewster, I learned that labor shortages are hurting their
business. This year alone, over 80,000 boxes worth of apples were left
on the trees because they didn't have enough labor; they needed over
300 pickers. They are experiencing labor shortages despite the fact
that they pay between 10 to 12 dollars an hour and provide housing to
their workers. They couldn't find workers anywhere.
As Congress proceeds with immigration reform, Eastern Washington's
agriculture and service related industries need to address the impact
of these policy changes on their workforce. We need to keep our economy
and workforce competitive in the 21st century by establishing a legal
workforce. A comprehensive immigration bill must take into account
potential impacts on our workers, their families and the overall
economy.
Immigration is a complex problem, with no easy solution or quick fix.
Controlling our borders is an important first step, but we cannot stop
there. Immigration reform will not be complete until we can adequately
resolve the labor needs of our agriculture community. As we continue to
update and improve our immigration laws, it is important that we retain
our compassionate and welcoming system that defines who we are as
Americans.
Mr. STEARNS. Mr. Chairman, obviously our immigration system is
broken. Recent reports have revealed that there are approximately 10-12
million illegal immigrants within the United States. Unless we act
quickly, this number is estimated to grow by 400,000 each year.
The problem of illegal immigration has legal, economic and national
security ramifications.
As Peggy Noonan recently observed in the Wall Street Journal, ``what
does it mean that your first act on entering a country--your first act
on that soil--is the breaking of that country's laws? What does it
suggest to you when that country does nothing about your lawbreaking
because it cannot, or chooses not to? What does that tell you? Will
that make you a better future citizen, or worse? More respecting of the
rule of law in your new home, or less?''
We are a nation of immigrants, but we are also a nation of laws. The
fact of the matter is that illegal immigration violates our laws, and
goes against our Nation's dedication to the rule of law. It is wrong,
both legally and morally, and must be stopped.
From an economic perspective, illegal immigrants fill jobs that would
otherwise be filled by American citizens or legal residents. Public
funds are being used to provide social welfare benefits and services to
those here illegally at the expense of the American taxpayer. And our
border patrols are using precious resources to track down these
scofflaws, when they can be focusing instead on preventing terrorists
from entering our country.
And in the aftermath of 9/11, we learned that illegal immigration
endangers our national security. It is self-evident that we must secure
our borders. Even if it were true that terrorists are not necessarily
sneaking over the Mexican or Canadian borders, a proposition which I am
certainly not prepared to admit, the fact is that the millions of
illegal aliens in our country are creating an overwhelming demand for
false identity documents and smuggling networks that could also be used
to assist those with less than pure motives.
That's why I have cosponsored this legislation. As it stands now, it
contains the reforms needed to remedy these problems. And I hope it
will include my amendment to close a loophole in existing immigration
law to ensure that criminal and security checks are completely finished
before offering immigrants any sort of benefits.
I would also caution against including any sort of language in this
legislation providing a green-light to legitimizing the millions of
illegal ``guest workers'' here already.
Mr. Chairman, it is a shame that those of us who support this
legislation have been accused of being anti-immigrant or worse, when
nothing can be further from the truth. We all understand why
foreigners, the vast majority whom are well-meaning and in search of a
better life for themselves and their families, would want to come to
America. We are the land of opportunity, but as I said before, we are
also a nation of laws. Speaking for myself, I know that over the course
of my career in Congress, my staff and I have helped hundreds, perhaps
thousands of these aspiring Americans become citizens. I am sure that
many of the supporters of this bill have done the same.
If we allow illegal immigration to continue on its present course,
not only does it hurt our commitment to the rule of law, our economy,
and our national security, but it also hurts these legal immigrants.
Why should they obey the law and wait their turn? What do they think
when they go through the whole process, but then see our government and
our employers look the other way with millions of illegal aliens?
This bill will not only uphold the rule of law, protect American tax
dollars and enhance our national security, it will also restore a sense
of dignity and pride to those immigrants who come here legally.
I urge my colleagues to support this legislation.
Mr. HASTINGS of Washington. Mr. Chairman, a primary duty of our
government is to protect and defend our Nation--and that includes
controlling our borders.

[[Page H11994]]

This bill aims to strengthen our border control through increased
manpower, new technology and smarter law enforcement coordination.
These critical components to border control have my full support.
However, by leaving out a reformed guestworker program, this bill is
not the comprehensive solution that we need.
If we fail to address why many people from other countries seek to
enter our country illegally, we make the job of securing our Nation
more difficult.
I cannot fault anyone for wanting to come here to work for a better
life for themselves and their families--most of us have family members
who came to America for that very reason. That is the American way--and
it's a tradition deeply rooted in our Nation's history.
Central Washington is the top producer of labor intensive agriculture
products like apples, pears, cherries and grapes and is heavily
dependent upon immigrant labor.
To stop illegal immigration and fix our broken immigration system, we
must strengthen our borders and create a legal channel for workers to
come here and fill jobs that Americans are not.
The existing H2A guestworker program is unworkable--as evidenced by
chronic labor shortages in many agricultural areas. There simply is not
a ready pool of American workers to fill most of the jobs currently
held by immigrant farmworkers.
Without a legal channel for hardworking individuals to fill these
jobs, many American industries would be left with no labor force. Our
entire economy would feel the punch. The United States would be at
serious risk of losing our fresh fruit and vegetable farms to foreign
countries. And, the cost of construction and basic services would
increase--raising prices for every American.
A functional guestworker program means our government decides who
enters our country, where they are, when they must leave, and what
rules they must follow. A guestworker program makes certain that the
Federal Government is in control of immigration. Providing a legal way
for honest, willing workers to fill these jobs reduces the number of
people trying to enter our country illegally.
A reformed guestworker program is critical to our Nation's security,
to our economy and to preventing illegal immigration. Without a
guestworker plan, I must withhold my support for H.R. 4437 and continue
working for the comprehensive solution we need.
Mr. ISSA. Mr. Chairman, I rise today in support of the Border
Protection, Antiterrorism, and Illegal Immigration Control Act of 2005.
The passage of this legislation is fundamental to the security of our
citizens and to reducing the flow of illegal immigrants into the United
States.
The number one issue that my constituents contact me about is
securing our borders and fighting illegal immigration. This bill does
both. Among the bill's provisions are greater cooperation between
border sheriffs and Federal law enforcement, increased penalties for
human smugglers, elimination of ``catch and release'' policies, and a
requirement that employers screen for illegal applicants.
This legislation is the outgrowth of a movement within Congress to
address enforcement of our immigration laws prior to looking at any
need for temporary worker provisions. I, along with dozens of my
colleagues, signed the letter to President George Bush stressing the
importance of addressing enforcement first. Today we accomplish that
goal.
I want to thank House Judiciary Committee Chairman Jim Sensenbrenner
and House Homeland Security Committee Chairman Peter King for their
hard work in bringing this legislation before the House, but I want to
especially thank Chairman Sensenbrenner for incorporating my bill, the
Criminal Alien Accountability Act, into the broader bill. Providing a
strong disincentive to criminal aliens and human smugglers is integral
to protecting our communities, and by strengthening penalties for these
groups, the legislation effects such an end.
We have a great deal of work left to do with regard to strengthening
our borders and enforcing our workplace immigration laws, but this
legislation is a strong start. I look forward to working with my fellow
members of the Judiciary Committee and my constituents as we continue
to improve our Nation's immigration enforcement policies.
Mr. CANNON. Mr. Chairman, as we conclude the debate on H.R. 4437, the
Border Protection, Antiterrorism and Illegal Immigration Control Act, I
wanted to share with my colleagues a thoughtful letter I received
outlining Republican philosophy and the need for comprehensive
immigration reform.

December 16, 2005.
Dear Member of Congress: Watching the action in the House
of Representatives this week, we feel compelled to write and
express our disappointment with the direction of the debate
about immigration.
There can be no question: we as a nation need to retake
control of our borders and restore the rule of law in our
communities. But enforcement alone--without more realistic,
more enforceable laws in line with our need for foreign
workers to do jobs Americans no longer want to do--will not
solve the problem of illegal immigration.
The restrictionist wing of the Republican Party--those who
would revoke birthright citizenship for immigrants and build
a fence from the Pacific to the Gulf of Mexico--has been
getting most of the air time this week. These members have
seized on an emotional issue, and party leaders have humored
them--at the expense of more reasonable Republicans
advocating broader, more realistic reform.
But make no mistake: the reform-minded wing of the party is
alive and well--and standing ready for the next phase of the
battle, in the Senate and beyond.
Who makes up the reform wing? There are political
operatives like Ken Mehlman concerned about how immigration
plays with Latino voters. There are business-friendly
Republicans at the Wall Street Journal, the Cato Institute
and elsewhere who know that immigration is good for the
economy: not just good for individual employers--in
agriculture, food-processing, hospitality, health care,
construction and other sectors--who depend on these workers
to keep their businesses open and growing, but also for
native-born workers employed by these companies and others
that trade with them.
There are security-minded Republicans like Homeland
Security Secretary Michael Chertoff and his predecessor Tom
Ridge who know that creating a system for immigrant laborers
to enter the country legally is the best way to free up
border agents whose real job is protecting us from
terrorists. And then there are Republicans like Ronald Reagan
and now George W. Bush who understand in a more general way
that immigrants are good for the country: that they bring
entrepreneurial energy and family values and fresh
patriotism--and that, as Reagan emphasized, the nation must
remain a beacon to the world.
None of these Republicans think enforcement or legality are
unimportant. But they are convinced that the best way to
restore the rule of law is to start with more honest, more
enforceable immigration quotas--a temporary worker program
more in line with the reality of our labor needs--and then
make those realistic limits stick with all the means at our
disposal. This is the approach that the Senate will almost
certainly pursue when it turns to immigration in January or
February, and it is the approach the President hopes to sign
into law, perhaps as soon as next spring.
House Republican leaders face a difficult challenge--
precisely because of the way the issue divides us from one
other. But we remain convinced that reason--and the party's
traditional values--will prevail in the end. Instead of
trying punitively to enforce unrealistic law, the majority of
the GOP will eventually come together around an immigration
policy worthy of the label Republican--one that encourages
the American Dream and rewards work, even as it restores the
rule of law and enhances national security.

Mr. STARK. Mr. Chairman, I rise in strong opposition to the Border
Protection, Antiterrorism, and Illegal Immigration Control Act because
border security without immigration reform is no more effective than an
umbrella in a hurricane.
Our immigration system is flooded with undocumented workers because
there is a fundamental mismatch between the number of non-citizen
workers needed in our economy and the number of visas available. In
2004, only 359 people were admitted in the category of ``unskilled
shortage workers,'' and yet thousands of illegal immigrants can find
enough work to warrant the dangerous border crossing. The solution is
obvious: bring legal immigration in line with the supply of jobs not
taken by U.S. citizens and there would be little incentive to break the
law.
There is bipartisan legislation--which I have co-sponsored--to do
just that, and even though everyone from the ACLU to the Chamber of
Commerce agrees that it is the best solution, it won't get a vote today
because the Republican Party wants some red meat to throw to the
xenophobic fringe. So they will tell you that they're fixing the system
and protecting America by turning millions of workers into criminals
and telling the Border Patrol that there's no difference between a
student who drops a class in violation of his student visa and a known
terrorist. They're both ``aggravated felons'' according to this bill.
The Department of Homeland Security has no control over the border, and
this bill suggests that expanding the mission will somehow solve the
problem.
It also contradicts American values and numerous international
treaties by:
Allowing immigration officials, without judicial review, to return
asylum applicants on the next plane home if they find their story to be
unconvincing;
Requiring low-level immigration officials to expel, without a
hearing, anyone found within 100 miles of the border believed to be a
recently arrived undocumented immigrant; and
Permitting indefinite detention of non-citizens who have not even
been convicted of a crime, including those who have fled persecution or
who cannot be deported because they would be tortured if returned.

[[Page H11995]]

Saying that this policy will stop illegal immigration or meet our
employment needs or fix the immigration bureaucracy is patently
ridiculous. This is a political game that I refuse to play. I vote
``no''.
Mr. LANGEVIN. Mr. Chairman, today I rise in strong opposition to H.R.
4437, the Border Security, Antiterrorism, and Illegal Immigration
Control Act. This bill is not about border security or terrorism
prevention, as the name implies. H.R. 4437 is a one-sided, mean-
spirited approach that will not solve our nation's immigration
problems. The Republicans are so fearful of real reform that they did
not even allow a vote on the President's own guestworker program or a
bipartisan comprehensive border security and immigration plan, such as
the Kolbe-Gutierrez bill. Instead, we are stuck voting on a bill that
is opposed by almost every reasonable business, labor, civil liberties,
and religious advocacy group in the country, and which has no chance of
passage in the Senate.
For our own security, it is of vital importance to know who is
entering our country and who is here. Our current border policy of
``catch and release'' is not working. We need real security, but we
also need to address the eight to fourteen million undocumented
immigrants currently in our country.
I am disappointed that this bill veers away from the bipartisan
approach that we took in the Homeland Security Committee. While our
bill was not perfect, Chairman King and Ranking Member Thompson were
able to draft a proposal the entire Committee could support. During
markup, I was pleased the Committee accepted my amendment to require
radiation portal monitors to be installed at ports of entry within one
year. This is an example of a common-sense measure that protects all
Americans from the risk of terrorists smuggling nuclear weapons across
our border. While this provision is included in H.R. 4437, the bill
before us today also includes several egregious provisions that do very
little to keep us safe from terrorists.
Should this bill become law, millions of undocumented immigrants,
including young children, already in our country will automatically
become felons, subject to imprisonment. Aside from the cost of tracking
down these newly charged felons, who will be entitled to a government
funded public defender, and jailing them, we must also consider the
economic and social costs to our country.
Many undocumented immigrants play an important role in certain
industries that depend on temporary or seasonal work. Their vital role
in the economy explains why this bill is opposed by every major
business group. For this reason, Democrats and the President support a
temporary guestworker proposal, but this bill contains no such
acknowledgement of our country's economic needs.
Instead, under H.R. 4437, these immigrants would never be eligible
for any guestworker program like the one requested by the President.
People who have been living, working, paying taxes, and raising
families in our country for 20 years, will now be pushed into a new
underclass. Many of these families have children who are U.S. Citizens.
Not only will this bill tear families apart, but by defining illegal
immigrants as felons, this legislation could also create a backlash
against anyone who appears to be of foreign origin, most of whom are
here legally.
In addition, the bill criminalizes assistance to undocumented
immigrants, even if provided by church or non-profit volunteers. Now,
if a person shows up at a church's doorstep hungry, the church will
provide that person something to eat. However, under the terms of this
bill, if that person happens to be an undocumented immigrant, the
person who provided the food will be subject to up to 5 years in
prison, and the church would have its property seized and sold to the
highest bidder. These kinds of punitive responses do not represent the
values of the American people.
We need comprehensive immigration reform in the mold of H.R. 2330,
the Secure America and Orderly Immigration Act, which I am proud to
support. This bill would secure our borders, require immigration status
verification by employers, and create a path to citizenship for
currently undocumented workers, while not penalizing those who are
patiently waiting for legal entry to our country. This type of reform
addresses the fact that it is unrealistic to track down and deport
every undocumented immigrant, but it others from entering our country
illegally in the future. Unfortunately, the House leadership did not
permit so much as a vote on this measure, as they knew it would likely
pass, and their conservative base would be upset by real reform.
This bill before us today is a farce. The leaders of the House know
that this bill will never see the light of day in the Senate. They have
given us an unrealistic proposal to gain favor with their most vocal
supporters. Their bill is so outlandish that it is opposed by nearly
every advocacy group in the country: from the AFL-CIO to the U.S.
Chamber of Commerce, and ACLU to Americans for Tax Reform. I cannot
think of another measure where these groups were united. I urge my
colleagues to join me in opposing H.R. 4437 and instead support
comprehensive immigration reform.
Mr. ISTOOK. Mr. Chairman, although I cannot be present for the final
vote, I support and have co-sponsored H.R. 4437, to improve America's
border security dramatically.
I am absent so that I can be at my daughter's wedding. It was
scheduled long ago, when nobody expected that the House would be in
session at this time.
As the grandson of immigrants, I have a deep and personal
appreciation for the desire and courage it takes to leave your home in
search of a new and better life. My father's parents were born in
Hungary and they came to America legally through Ellis Island. I
welcome and embrace those who come here and who do so legally.
But entering our country illegally is different--very different. It
is difficult to obey the laws of this country when your very first act
is to break them. Illegal immigration is an affront to those who wait
patiently for the chance to come here legally. Illegal immigration
drains the resources of our schools and of our social support network.
It encourages disrespect for the laws which are necessary for a good
and orderly society.
This bill represents the first serious effort in decades to address
this immense problem which has constantly worsened due to a lack of
resources, a lack of resolve and a lack of enforcement of our laws.
When our borders are not secure against illegal immigration, it means
they also are not secure against drug-smuggling or against terrorists.
This bill adopts a unified approach to border security that protects us
against all those threats. It also deters illegal entry by helping us
to detect the millions who are already here wrongfully. It enlists
employers in the common-sense effort to deny work to Illegals, thus
motivating them to return to their own country.
Everyone sympathizes with those who lack opportunity in their home
country and who hope to find it here. But the long-term solution is not
to have the whole world arrive at our doorstep. If other nations would
adopt America's principles--including free-enterprise,
constitutionally-protected freedoms, and government by the people--they
could create prosperity in their own lands. Those countries need hard-
working citizens who will change their societies, and we should help
them with policies that encourage reforms in their countries. Meantime,
the American people expect and deserve that we will protect our Nation
by passing this bill.
The Acting CHAIRMAN. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Kirk) having assumed the chair, Mr. Culberson, Acting Chairman of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 4437) to
amend the Immigration and Nationality Act to strengthen enforcement of
the immigration laws, to enhance border security, and for other
purposes, pursuant to House Resolution 621, he reported the bill, as
amended pursuant to House Resolution 610, back to the House with
further sundry amendments adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment? If not, the Chair will
put them en gros.
The amendments were agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.

Motion to Recommit Offered By Mr. Reyes

Mr. REYES. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. REYES. Yes, I am, Mr. Speaker, in its current form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Reyes moves to recommit the bill, H.R. 4437, to the
Committee on Homeland Security with instructions to report
the same back to the House forthwith with the following
amendment:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Border
Security and Terrorism Prevention Act of 2005''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

[[Page H11996]]

TITLE I--SECURING UNITED STATES BORDERS

Sec. 101. Achieving operational control on the border.
Sec. 102. National strategy for border security.
Sec. 103. Implementation of cross-border security agreements.
Sec. 104. Biometric data enhancements.
Sec. 105. One face at the border initiative.
Sec. 106. Secure communication.
Sec. 107. Border patrol agents.
Sec. 108. Coast Guard enforcement personnel.
Sec. 109. Immigration enforcement agents.
Sec. 110. Port of entry inspection personnel.
Sec. 111. Canine detection teams.
Sec. 112. Secure border initiative financial accountability.
Sec. 113. Border patrol training capacity review.
Sec. 114. Airspace security mission impact review.
Sec. 115. Repair of private infrastructure on border.
Sec. 116. Border Patrol unit for Virgin Islands.
Sec. 117. Report on progress in tracking travel of Central American
gangs along international border.
Sec. 118. Collection of data.
Sec. 119. Deployment of radiation detection portal equipment at United
States ports of entry.
Sec. 120. Sense of Congress regarding the Secure Border Initiative.
Sec. 121. Report regarding enforcement of current employment
verification laws.

TITLE II--BORDER SECURITY COOPERATION AND ENFORCEMENT

Sec. 201. Joint strategic plan for United States border surveillance
and support.
Sec. 202. Border security on protected land.
Sec. 203. Border security threat assessment and information sharing
test and evaluation exercise.
Sec. 204. Border Security Advisory Committee.
Sec. 205. Center of excellence for border security.
Sec. 206. Sense of Congress regarding cooperation with Indian Nations.

TITLE III--DETENTION AND REMOVAL

Sec. 301. Enhanced detention capacity.
Sec. 302. Increase in detention and removal officers.
Sec. 303. Expansion and effective management of detention facilities.
Sec. 304. Enhancing transportation capacity for unlawful aliens.
Sec. 305. Report on financial burden of repatriation.
Sec. 306. Training program.
Sec. 307. GAO study on deaths in custody.

TITLE IV--EFFECTIVE ORGANIZATION OF BORDER SECURITY AGENCIES

Sec. 401. Enhanced border security coordination and management.
Sec. 402. Making Our Border Agencies Work.

TITLE V--KEEPING OUR COMMITMENT TO ENSURE SUFFICIENT, WELL TRAINED AND
WELL EQUIPPED PERSONNEL AT THE UNITED STATES BORDER

Subtitle A--Equipment enhancements to address shortfalls to securing
United States borders

Sec. 501. Emergency deployment of United States Border Patrol agents.
Sec. 502. Helicopters and power boats.
Sec. 503. Motor vehicles.
Sec. 504. Portable computers.
Sec. 505. Radio communications.
Sec. 506. Hand-held global positioning system devices.
Sec. 507. Night vision equipment.
Sec. 508. Body armor.
Sec. 509. Weapons.

Subtitle B--Human capital enhancements to improve the recruitment and
retention of border security personnel

Sec. 511. Maximum student loan repayments for United States Border
Patrol agents.
Sec. 512. Recruitment and relocation bonuses and retention allowances
for personnel of the Department of Homeland Security.
Sec. 513. Law enforcement retirement coverage for inspection officers
and other employees.
Sec. 514. Increase United States Border Patrol agent and inspector pay.
Sec. 515. Compensation for training at Federal Law Enforcement Training
Center.

Subtitle C--Securing and Facilitating the Movement of Goods and
Travelers

Sec. 531. Increase in full time United States Customs and Border
Protection import specialists.
Sec. 532. Certifications relating to functions and import specialists
of United States Custom and Border Protection.
Sec. 533. Expedited traveler programs.

TITLE VI--ENSURING PROPER SCREENING

Sec. 601. US-VISIT Oversight Task Force.
Sec. 602. Verification of security measures under the Customs-Trade
Partnership Against Terrorism (C-TPAT) program and the
Free and Secure Trade (FAST) program.
Sec. 603. Immediate international passenger prescreening pilot program.

TITLE VII--ALIEN SMUGGLING; NORTHERN BORDER PROSECUTION; CRIMINAL
ALIENS

Subtitle A--Alien Smuggling

Sec. 701. Combating human smuggling.
Sec. 702. Reestablishment of the United States Border Patrol anti-
smuggling unit.
Sec. 703. New nonimmigrant visa classification to enable informants to
enter the United States and remain temporarily.
Sec. 704. Adjustment of status when needed to protect informants.
Sec. 705. Rewards program.
Sec. 706. Outreach program.
Sec. 707. Establishment of a special task force for coordinating and
distributing information on fraudulent immigration
documents.

Subtitle B--Northern Border Prosecution Initiative Reimbursement Act

Sec. 711. Short title.
Sec. 712. Northern Border Prosecution Initiative.
Sec. 713. Authorization of appropriations.

Subtitle C--Criminal Aliens

Sec. 721. Removal of criminal aliens.
Sec. 722. Assistance for States incarcerating undocumented aliens
charged with certain crimes.
Sec. 723. Reimbursement of States for indirect costs relating to the
incarceration of illegal aliens.
Sec. 724. ICE strategy and staffing assessment.
Sec. 725. Congressional mandate regarding processing of criminal aliens
while incarcerated.
Sec. 726. Increase in prosecutors and immigration judges and United
States Marshals.

Subtitle D--Operation Predator

Sec. 731. Direct funding for Operation Predator.

TITLE VIII--FULFILLING FUNDING COMMITMENTS MADE IN THE INTELLIGENCE
REFORM AND TERRORISM PREVENTION ACT OF 2004

Subtitle A--Additional Authorizations of Appropriations

Sec. 801. Aviation security research and development.
Sec. 802. Biometric center of excellence.
Sec. 803. Portal detection systems.
Sec. 804. In-line checked baggage screening.
Sec. 805. Checked baggage screening area monitoring.
Sec. 806. Improved explosive detection systems.
Sec. 807. Man-portable air defense systems (MANPADS).
Sec. 808. Pilot program to evaluate use of blast resistant cargo and
baggage containers.
Sec. 809. Air cargo security.
Sec. 810. Federal air marshals.
Sec. 811. Border security technologies for use between ports of entry.
Sec. 812. Immigration security initiative.

Subtitle B--National Commission on Preventing Terrorist Attacks Upon
the United States

Sec. 821. Establishment of Commission.
Sec. 822. Purposes.
Sec. 823. Composition of Commission.
Sec. 824. Powers of commission.
Sec. 825. Compensation and travel expenses.
Sec. 826. Security clearances for commission members and staff.
Sec. 827. Reports of Commission.
Sec. 828. Funding.

TITLE IX--FAIRNESS FOR AMERICA'S HEROES

Sec. 901. Short title.
Sec. 902. Naturalization through combat zone service in Armed Forces.
Sec. 903. Immigration benefits for survivors of persons granted
posthumous citizenship through death while on active-duty
service.
Sec. 904. Effective date.

TITLE X--NORTHERN MARIANA ISLANDS COVENANT IMPLEMENTATION ACT

Sec. 1001. Short title and purpose.
Sec. 1002. Immigration reform for the Commonwealth of the Northern
Mariana Islands.

TITLE XI--MISCELLANEOUS PROVISIONS

Sec. 1101. Location and deportation of criminal aliens.
Sec. 1102. Agreements with State and local law enforcement agencies to
identify and transfer to Federal custody deportable
aliens.
Sec. 1103. Denying admission to foreign government officials of
countries denying alien return.
Sec. 1104. Border patrol training facility.

SEC. 2. DEFINITIONS.

In this Act:
(1) Appropriate congressional committee.--The term
``appropriate congressional committee'' has the meaning given
it in section 2(2) of the Homeland Security Act of 2002 (6
U.S.C. 101(2)).
(2) State.--The term ``State'' has the meaning given it in
section 2(14) of the Homeland Security Act of 2002 (6 U.S.C.
101(14)).

[[Page H11997]]

TITLE I--SECURING UNITED STATES BORDERS

SEC. 101. ACHIEVING OPERATIONAL CONTROL ON THE BORDER.

(a) In General.--The Secretary of Homeland Security shall
take all actions the Secretary determines necessary and
appropriate to achieve and maintain operational control over
the entire international land and maritime borders of the
United States, to include the following--
(1) systematic surveillance of the international land and
maritime borders of the United States through more effective
use of personnel and technology, such as unmanned aerial
vehicles, ground-based sensors, satellites, radar coverage,
and cameras;
(2) physical infrastructure enhancements to prevent
unlawful entry by aliens into the United States and
facilitate access to the international land and maritime
borders by United States Customs and Border Protection, such
as additional checkpoints, all weather access roads, and
vehicle barriers; and
(3) increasing deployment of United States Customs and
Border Protection personnel to areas along the international
land and maritime borders of the United States where there
are high levels of unlawful entry by aliens and other areas
likely to be impacted by such increased deployment.
(b) Operational Control Defined.--In this section, the term
``operational control'' means the prevention of the entry
into the United States of terrorists, other unlawful aliens,
instruments of terrorism, narcotics, and other contraband.

SEC. 102. NATIONAL STRATEGY FOR BORDER SECURITY.

(a) Surveillance Plan.--Not later than six months after the
date of the enactment of this Act, the Secretary of Homeland
Security shall submit to the appropriate congressional
committees a comprehensive plan for the systematic
surveillance of the international land and maritime borders
of the United States. The plan shall include the following:
(1) An assessment of existing technologies employed on such
borders.
(2) A description of whether and how new surveillance
technologies will be compatible with existing surveillance
technologies.
(3) A description of how the United States Customs and
Border Protection is working, or is expected to work, with
the Directorate of Science and Technology of the Department
of Homeland Security to identify and test surveillance
technology.
(4) A description of the specific surveillance technology
to be deployed.
(5) The identification of any obstacles that may impede
full implementation of such deployment.
(6) A detailed estimate of all costs associated with the
implementation of such deployment and continued maintenance
of such technologies.
(7) A description of how the Department of Homeland
Security is working with the Federal Aviation Administration
on safety and airspace control issues associated with the use
of unmanned aerial vehicles in the National Airspace System.
(b) National Strategy for Border Security.--Not later than
one year after the date of the enactment of this Act, the
Secretary of Homeland Security, in consultation with the
heads of other appropriate Federal agencies, shall submit to
the appropriate congressional committees a National Strategy
for Border Security to achieve operational control over all
ports of entry into the United States and the international
land and maritime borders of the United States. The Secretary
shall update the Strategy as needed and shall submit to the
Committee, not later than 30 days after each such update, the
updated Strategy. The National Strategy for Border Security
shall include the following:
(1) The implementation timeline for the surveillance plan
described in subsection (a).
(2) An assessment of the threat posed by terrorists and
terrorist groups that may try to infiltrate the United States
at points along the international land and maritime borders
of the United States.
(3) A risk assessment of all ports of entry to the United
States and all portions of the international land and
maritime borders of the United States with respect to--
(A) preventing the entry of terrorists, other unlawful
aliens, instruments of terrorism, narcotics, and other
contraband into the United States; and
(B) protecting critical infrastructure at or near such
ports of entry or borders.
(4) An assessment of the most appropriate, practical, and
cost-effective means of defending the international land and
maritime borders of the United States against threats to
security and illegal transit, including intelligence
capacities, technology, equipment, personnel, and training
needed to address security vulnerabilities.
(5) An assessment of staffing needs for all border security
functions, taking into account threat and vulnerability
information pertaining to the borders and the impact of new
security programs, policies, and technologies.
(6) A description of the border security roles and missions
of Federal, State, regional, local, and tribal authorities,
and recommendations with respect to how the Department of
Homeland Security can improve coordination with such
authorities, to enable border security enforcement to be
carried out in an efficient and effective manner.
(7) A prioritization of research and development objectives
to enhance the security of the international land and
maritime borders of the United States.
(8) A description of ways to ensure that the free flow of
legitimate travel and commerce of the United States is not
diminished by efforts, activities, and programs aimed at
securing the international land and maritime borders of the
United States.
(9) An assessment of additional detention facilities and
bed space needed to detain unlawful aliens apprehended at
United States ports of entry or along the international land
borders of the United States in accordance with the National
Strategy for Border Security required under this subsection .
(10) A description of how the Secretary shall ensure
accountability and performance metrics within the appropriate
agencies of the Department of Homeland Security responsible
for implementing the border security measures determined
necessary upon completion of the National Strategy for Border
Security.
(11) A timeline for the implementation of the additional
security measures determined necessary as part of the
National Strategy for Border Security, including a
prioritization of security measures, realistic deadlines for
addressing the security and enforcement needs, and resource
estimates and allocations.
(c) Consultation.--In creating the National Strategy for
Border Security described in subsection (b), the Secretary
shall consult with--
(1) State, local, and tribal authorities along the
international land and maritime borders of the United States;
and
(2) an appropriate cross-section of private sector and
nongovernmental organizations with relevant expertise.
(d) Priority of National Strategy.--The National Strategy
for Border Security described in subsection (b) shall be the
controlling document for security and enforcement efforts
related to securing the international land and maritime
borders of the United States.
(e) Immediate Action.--Nothing in this section shall be
construed to relieve the Secretary of the responsibility to
take all actions necessary and appropriate to achieve and
maintain operational control over the entire international
land and maritime borders of the United States pursuant to
section 101 of this Act or any other provision of law.
(f) Reporting of Implementing Legislation.--After submittal
of the National Strategy for Border Security described in
subsection (b) to the Committee on Homeland Security of the
House of Representatives, such Committee shall promptly
report to the House legislation authorizing necessary
security measures based on its evaluation of the National
Strategy for Border Security.

SEC. 103. IMPLEMENTATION OF CROSS-BORDER SECURITY AGREEMENTS.

(a) In General.--Not later than six months after the date
of the enactment of this Act, the Secretary of Homeland
Security shall submit to the appropriate congressional
committees a report on the implementation of the cross-border
security agreements signed by the United States with Mexico
and Canada, including recommendations on improving
cooperation with such countries to enhance border security.
(b) Updates.--The Secretary shall regularly update the
Committee concerning such implementation.

SEC. 104. BIOMETRIC DATA ENHANCEMENTS.

Not later than October 1, 2006, the Secretary of Homeland
Security shall--
(1) in consultation with the Attorney General, enhance
connectivity between the IDENT and IAFIS fingerprint
databases to ensure more expeditious data searches; and
(2) in consultation with the Secretary of State, collect
ten fingerprints from each alien required to provide
fingerprints during the alien's initial enrollment in the
integrated entry and exit data system described in section
110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1221 note).

SEC. 105. ONE FACE AT THE BORDER INITIATIVE.

Not later than 90 days after the date of the enactment of
this Act, the Secretary of Homeland Security shall submit to
Congress a report--
(1) describing the tangible and quantifiable benefits of
the One Face at the Border Initiative established by the
Department of Homeland Security;
(2) identifying goals for and challenges to increased
effectiveness of the One Face at the Border Initiative;
(3) providing a breakdown of the number of inspectors who
were--
(A) personnel of the United States Customs Service before
the date of the establishment of the Department of Homeland
Security;
(B) personnel of the Immigration and Naturalization Service
before the date of the establishment of the Department;
(C) personnel of the Department of Agriculture before the
date of the establishment of the Department; or
(D) hired after the date of the establishment of the
Department;
(4) describing the training time provided to each employee
on an annual basis for the various training components of the
One Face at the Border Initiative; and
(5) outlining the steps taken by the Department to ensure
that expertise is retained with respect to customs,
immigration, and agriculture inspection functions under the
One Face at the Border Initiative.

[[Page H11998]]

SEC. 106. SECURE COMMUNICATION.

The Secretary of Homeland Security shall, as expeditiously
as practicable, develop and implement a plan to ensure clear
and secure two-way communication capabilities--
(1) among all Border Patrol agents conducting operations
between ports of entry;
(2) between Border Patrol agents and their respective
Border Patrol stations;
(3) between Border Patrol agents and residents in remote
areas along the international land border who do not have
mobile communications, as the Secretary determines necessary;
and
(4) between all appropriate Department of Homeland Security
border security agencies and State, local, and tribal law
enforcement agencies.

SEC. 107. BORDER PATROL AGENTS.

(a) Increase in Border Patrol Agents.--To provide the
Department of Homeland Security with the resources it needs
to carry out its mission and responsibility to secure United
States ports of entry and the international land and maritime
borders of the United States and the Secretary of Homeland
Security shall increase by not less than 3,000 in each of the
fiscal years 2007 through 2010 the number of positions for
full-time active-duty border patrol agents, subject to the
availability of appropriations for such purpose. There are
authorized to be appropriated to the Secretary of Homeland
Security such funds as may be necessary through fiscal year
2010.
(b) Associated Costs.--There are authorized to be
appropriated to the Secretary of Homeland Security such funds
for fiscal years 2007 through 2010 as may be necessary to pay
the costs associated with--
(1) the number of mission or operational support staff
needed;
(2) associated relocation costs;
(3) required information technology enhancements; and
(4) costs to train such new hires.

SEC. 108. COAST GUARD ENFORCEMENT PERSONNEL.

The Secretary of Homeland Security shall increase by not
less than 2,500 in each of the fiscal years 2007 through 2010
the number of positions for full-time active-duty Coast Guard
personnel, subject to the availability of appropriations for
such purpose. There are authorized to be appropriated to the
Secretary of Homeland Security such funds as may be necessary
through fiscal year 2010.

SEC. 109. IMMIGRATION ENFORCEMENT AGENTS.

The Secretary of Homeland Security shall increase by not
less than 2,000 in each of the fiscal years 2007 through 2010
the number of positions for full-time active-duty immigration
enforcement agents, subject to the availability of
appropriations for such purpose. There are authorized to be
appropriated to the Secretary of Homeland Security such funds
as may be necessary through fiscal year 2010.

SEC. 110. PORT OF ENTRY INSPECTION PERSONNEL.

There are authorized to be appropriated to the Secretary of
Homeland Security--
(1) $107,000,000 for fiscal year 2007 to hire 400 Customs
and Border Protection Officers above the number of such
positions for which funds were allotted for fiscal year 2006;
(2) $154,000,000 for fiscal year 2008 to hire 400 Customs
and Border Protection Officers above the number of such
positions for which funds were allotted for fiscal year 2007;
(3) $198,000,000 for fiscal year 2009 to hire 400 Customs
and Border Protection Officers above the number of such
positions for which funds were allotted for fiscal year 2008;
and
(4) $242,000,000 for fiscal year 2010 to hire 400 Customs
and Border Protection Officers above the number of such
positions for which funds were allotted for fiscal year 2009.

SEC. 111. CANINE DETECTION TEAMS.

In each of fiscal years 2007 through 2011, the Secretary of
Homeland Security shall, subject to the availability of
appropriations, increase by not less than 25 percent above
the number of such positions for which funds were allotted
for the preceding fiscal year the number of trained detection
canines for use at United States ports of entry and along the
international land and maritime borders of the United States.

SEC. 112. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

(a) In General.--The Inspector General of the Department of
Homeland Security shall review each contract action related
to the Department's Secure Border Initiative having a value
greater than $20,000,000, to determine whether each such
action fully complies with applicable cost requirements,
performance objectives, program milestones, inclusion of
small, minority, and women-owned business, and timelines. The
Inspector General shall complete a review under this
subsection with respect to a contract action--
(1) not later than 60 days after the date of the initiation
of the action; and
(2) upon the conclusion of the performance of the contract.
(b) Report by Inspector General.--Upon completion of each
review described in subsection (a), the Inspector General
shall submit to the Secretary of Homeland Security a report
containing the findings of the review, including findings
regarding any cost overruns, significant delays in contract
execution, lack of rigorous departmental contract management,
insufficient departmental financial oversight, bundling that
limits the ability of small business to compete, or other
high risk business practices.
(c) Report by Secretary.--Not later than 30 days after the
receipt of each report required under subsection (b), the
Secretary of Homeland Security shall submit to the
appropriate congressional committees a report on the findings
of the report by the Inspector General and the steps the
Secretary has taken, or plans to take, to address the
problems identified in such report.
(d) Authorization of Appropriations.--In addition to
amounts that are otherwise authorized to be appropriated to
the Office of the Inspector General, an additional amount
equal to at least five percent for fiscal year 2007, at least
six percent for fiscal year 2008, and at least seven percent
for fiscal year 2009 of the overall budget of the Office for
each such fiscal year is authorized to be appropriated to the
Office to enable the Office to carry out this section.

SEC. 113. BORDER PATROL TRAINING CAPACITY REVIEW.

(a) In General.--The Comptroller General of the United
States shall conduct a review of the basic training provided
to Border Patrol agents by the Department of Homeland
Security to ensure that such training is provided as
efficiently and cost-effectively as possible.
(b) Components of Review.--The review under subsection (a)
shall include the following components:
(1) An evaluation of the length and content of the basic
training curriculum provided to new Border Patrol agents by
the Federal Law Enforcement Training Center, including a
description of how the curriculum has changed since September
11, 2001.
(2) A review and a detailed breakdown of the costs incurred
by United States Customs and Border Protection and the
Federal Law Enforcement Training Center to train one new
Border Patrol agent.
(3) A comparison, based on the review and breakdown under
paragraph (2) of the costs, effectiveness, scope, and
quality, including geographic characteristics, with other
similar law enforcement training programs provided by State
and local agencies, non-profit organizations, universities,
and the private sector.
(4) An evaluation of whether and how utilizing comparable
non-Federal training programs, proficiency testing to
streamline training, and long-distance learning programs may
affect--
(A) the cost-effectiveness of increasing the number of
Border Patrol agents trained per year and reducing the per
agent costs of basic training; and
(B) the scope and quality of basic training needed to
fulfill the mission and duties of a Border Patrol agent.

SEC. 114. AIRSPACE SECURITY MISSION IMPACT REVIEW.

Not later than 120 days after the date of the enactment of
this Act, the Secretary of Homeland Security shall submit to
the Committee on Homeland Security of the House of
Representatives a report detailing the impact the airspace
security mission in the National Capital Region (in this
section referred to as the ``NCR'') will have on the ability
of the Department of Homeland Security to protect the
international land and maritime borders of the United States.
Specifically, the report shall address:
(1) The specific resources, including personnel, assets,
and facilities, devoted or planned to be devoted to the NCR
airspace security mission, and from where those resources
were obtained or are planned to be obtained.
(2) An assessment of the impact that diverting resources to
support the NCR mission has or is expected to have on the
traditional missions in and around the international land and
maritime borders of the United States.

SEC. 115. REPAIR OF PRIVATE INFRASTRUCTURE ON BORDER.

(a) In General.--Subject to the amount appropriated in
subsection (d) of this section, the Secretary of Homeland
Security shall reimburse property owners for costs associated
with repairing damages to the property owners' private
infrastructure constructed on a United States Government
right-of-way delineating the international land border when
such damages are--
(1) the result of unlawful entry of aliens; and
(2) confirmed by the appropriate personnel of the
Department of Homeland Security and submitted to the
Secretary for reimbursement.
(b) Value of Reimbursements.--Reimbursements for submitted
damages as outlined in subsection (a) shall not exceed the
value of the private infrastructure prior to damage.
(c) Reports.--Not later than six months after the date of
the enactment of this Act and every subsequent six months
until the amount appropriated for this section is expended in
its entirety, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security of the House of
Representatives a report that details the expenditures and
circumstances in which those expenditures were made pursuant
to this section.
(d) Authorization of Appropriations.--There shall be
authorized to be appropriated an initial $50,000 for each
fiscal year to carry out this section.

SEC. 116. BORDER PATROL UNIT FOR VIRGIN ISLANDS.

Not later than September 30, 2006, the Secretary of
Homeland Security shall establish at least one Border Patrol
unit for the Virgin Islands of the United States.

[[Page H11999]]

SEC. 117. REPORT ON PROGRESS IN TRACKING TRAVEL OF CENTRAL
AMERICAN GANGS ALONG INTERNATIONAL BORDER.

Not later than one year after the date of the enactment of
this Act, the Secretary of Homeland Security shall report to
the Committee on Homeland Security of the House of
Representatives on the progress of the Department of Homeland
Security in tracking the travel of Central American gangs
across the international land border of the United States and
Mexico.

SEC. 118. COLLECTION OF DATA.

Beginning on October 1, 2006, the Secretary of Homeland
Security shall annually compile data on the following
categories of information:
(1) The number of unauthorized aliens who require medical
care taken into custody by Border Patrol officials.
(2) The number of unauthorized aliens with serious injuries
or medical conditions Border Patrol officials encounter, and
refer to local hospitals or other health facilities.
(3) The number of unauthorized aliens with serious injuries
or medical conditions who arrive at United States ports of
entry and subsequently are admitted into the United States
for emergency medical care, as reported by United States
Customs and Border Protection.
(4) The number of unauthorized aliens described in
paragraphs (2) and (3) who subsequently are taken into
custody by the Department of Homeland Security after
receiving medical treatment.

SEC. 119. DEPLOYMENT OF RADIATION DETECTION PORTAL EQUIPMENT
AT UNITED STATES PORTS OF ENTRY.

(a) Deployment.--Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland Security
shall deploy radiation portal monitors at all United States
ports of entry and facilities as determined by the Secretary
to facilitate the screening of all inbound cargo for nuclear
and radiological material.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the
Department's progress toward carrying out the deployment
described in subsection (a).
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out subsection
(a) such sums as may be necessary for each of fiscal years
2006 and 2007.

SEC. 120. SENSE OF CONGRESS REGARDING THE SECURE BORDER
INITIATIVE.

It is the sense of Congress that--
(1) as the Secretary of Homeland Security develops and
implements the Secure Border Initiative and other initiatives
to strengthen security along the Nation's borders, the
Secretary shall conduct extensive outreach to the private
sector, including small, minority-owned, women-owned, and
disadvantaged businesses; and
(2) the Secretary also shall consult with firms that are
practitioners of mission effectiveness at the Department of
Homeland Security, homeland security business councils, and
associations to identify existing and emerging technologies
and best practices and business processes, to maximize
economies of scale, cost-effectiveness, systems integration,
and resource allocation, and to identify the most appropriate
contract mechanisms to enhance financial accountability and
mission effectiveness of border security programs.

SEC. 121. REPORT REGARDING ENFORCEMENT OF CURRENT EMPLOYMENT
VERIFICATION LAWS.

The Secretary of Homeland Security shall issue a biannual
report regarding the Federal employment verification laws
that were enacted in 1986, as amended, the efforts of the
Department of Homeland Security to sanction employers for
knowingly hiring unauthorized workers, and an assessment of
the impact of enhanced removal authorities sought by the
Department.

TITLE II--BORDER SECURITY COOPERATION AND ENFORCEMENT

SEC. 201. JOINT STRATEGIC PLAN FOR UNITED STATES BORDER
SURVEILLANCE AND SUPPORT.

(a) In General.--The Secretary of Homeland Security and the
Secretary of Defense shall develop a joint strategic plan to
use the authorities provided to the Secretary of Defense
under chapter 18 of title 10, United States Code, to increase
the availability and use of Department of Defense equipment,
including unmanned aerial vehicles, tethered aerostat radars,
and other surveillance equipment, to assist with the
surveillance activities of the Department of Homeland
Security conducted at or near the international land and
maritime borders of the United States.
(b) Report.--Not later than six months after the date of
the enactment of this Act, the Secretary of Homeland Security
and the Secretary of Defense shall submit to Congress a
report containing--
(1) a description of the use of Department of Defense
equipment to assist with the surveillance by the Department
of Homeland Security of the international land and maritime
borders of the United States;
(2) the joint strategic plan developed pursuant to
subsection (a);
(3) a description of the types of equipment and other
support to be provided by the Department of Defense under the
joint strategic plan during the one-year period beginning
after submission of the report under this subsection; and
(4) a description of how the Department of Homeland
Security and the Department of Defense are working with the
Department of Transportation on safety and airspace control
issues associated with the use of unmanned aerial vehicles in
the National Airspace System.
(c) Rule of Construction.--Nothing in this section shall be
construed as altering or amending the prohibition on the use
of any part of the Army or the Air Force as a posse comitatus
under section 1385 of title 18, United States Code.

SEC. 202. BORDER SECURITY ON PROTECTED LAND.

(a) In General.--The Secretary of Homeland Security, in
consultation with the Secretary of the Interior, shall
evaluate border security vulnerabilities on land directly
adjacent to the international land border of the United
States under the jurisdiction of the Department of the
Interior related to the prevention of the entry of
terrorists, other unlawful aliens, narcotics, and other
contraband into the United States.
(b) Support for Border Security Needs.--Based on the
evaluation conducted pursuant to subsection (a), the
Secretary of Homeland Security shall provide appropriate
border security assistance on land directly adjacent to the
international land border of the United States under the
jurisdiction of the Department of the Interior, its bureaus,
and tribal entities.

SEC. 203. BORDER SECURITY THREAT ASSESSMENT AND INFORMATION
SHARING TEST AND EVALUATION EXERCISE.

Not later than one year after the date of the enactment of
this Act, the Secretary of Homeland Security shall design and
carry out a national border security exercise for the
purposes of--
(1) involving officials from Federal, State, territorial,
local, tribal, and international governments and
representatives from the private sector;
(2) testing and evaluating the capacity of the United
States to anticipate, detect, and disrupt threats to the
integrity of United States borders; and
(3) testing and evaluating the information sharing
capability among Federal, State, territorial, local, tribal,
and international governments.

SEC. 204. BORDER SECURITY ADVISORY COMMITTEE.

(a) Establishment of Committee.--Not later than one year
after the date of the enactment of this Act, the Secretary of
Homeland Security shall establish an advisory committee to be
known as the Border Security Advisory Committee (in this
section referred to as the ``Committee'').
(b) Duties.--The Committee shall advise the Secretary on
issues relating to border security and enforcement along the
international land and maritime border of the United States.
(c) Membership.--The Secretary shall appoint members to the
Committee from the following:
(1) State and local government representatives from States
located along the international land and maritime borders of
the United States.
(2) Community representatives from such States.
(3) Tribal authorities in such States.

SEC. 205. CENTER OF EXCELLENCE FOR BORDER SECURITY.

(a) Establishment.--The Secretary of Homeland Security
shall establish a university-based Center of Excellence for
Border Security following the merit-review processes and
procedures and other limitations that have been established
for selecting and supporting University Programs Centers of
Excellence.
(b) Activities of the Center.--The Center shall prioritize
its activities on the basis of risk to address the most
significant threats, vulnerabilities, and consequences posed
by United States borders and border control systems. The
activities shall include the conduct of research, the
examination of existing and emerging border security
technology and systems, and the provision of education,
technical, and analytical assistance for the Department of
Homeland Security to effectively secure the borders.

SEC. 206. SENSE OF CONGRESS REGARDING COOPERATION WITH INDIAN
NATIONS.

It is the sense of Congress that--
(1) the Department of Homeland Security should strive to
include as part of a National Strategy for Border Security
recommendations on how to enhance Department cooperation with
sovereign Indian Nations on securing our borders and
preventing terrorist entry, including, specifically, the
Department should consider whether a Tribal Smart Border
working group is necessary and whether further expansion of
cultural sensitivity training, as exists in Arizona with the
Tohono O'odham Nation, should be expanded elsewhere; and
(2) as the Department of Homeland Security develops a
National Strategy for Border Security, it should take into
account the needs and missions of each agency that has a
stake in border security and strive to ensure that these
agencies work together cooperatively on issues involving
Tribal lands.

TITLE III--DETENTION AND REMOVAL

SEC. 301. ENHANCED DETENTION CAPACITY.

To avoid a return to the ``catch and release'' policy and
to address long-standing

[[Page H12000]]

shortages of available detention beds, and to further
authorize the provisions of section 5204 of the Intelligence
Reform and Terrorist Prevention Act of 2004 (Public Law 108-
458), there are authorized to be appropriated to the
Secretary of Homeland Security such sums as may be necessary
for each of fiscal years 2007 through 2010 to increase by
25,000 for each fiscal year the number of funded detention
bed spaces.

SEC. 302. INCREASE IN DETENTION AND REMOVAL OFFICERS.

There are authorized to be appropriated to the Secretary of
Homeland Security such sums as may be necessary to add 250
detention and removal officers for each of fiscal years 2007
through 2010.

SEC. 303. EXPANSION AND EFFECTIVE MANAGEMENT OF DETENTION
FACILITIES.

Subject to the availability of appropriations, the
Secretary of Homeland Security shall fully utilize--
(1) all available detention facilities operated or
contracted by the Department of Homeland Security; and
(2) all possible options to cost effectively increase
available detention capacities, including the use of
temporary detention facilities, the use of State and local
correctional facilities, private space, and secure
alternatives to detention.

SEC. 304. ENHANCING TRANSPORTATION CAPACITY FOR UNLAWFUL
ALIENS.

(a) In General.--The Secretary of Homeland Security is
authorized to enter into contracts with private entities for
the purpose of providing secure domestic transport of aliens
who are apprehended at or along the international land or
maritime borders from the custody of United States Customs
and Border Protection to detention facilities and other
locations as necessary.
(b) Criteria for Selection.--Notwithstanding any other
provision of law, to enter into a contract under paragraph
(1), a private entity shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require. The Secretary shall
select from such applications those entities which offer, in
the determination of the Secretary, the best combination of
service, cost, and security.

SEC. 305. REPORT ON FINANCIAL BURDEN OF REPATRIATION.

Not later than October 31 of each year, the Secretary of
Homeland Security shall submit to the Secretary of State and
Congress a report that details the cost to the Department of
Homeland Security of repatriation of unlawful aliens to their
countries of nationality or last habitual residence,
including details relating to cost per country. The Secretary
shall include in each such report the recommendations of the
Secretary to more cost effectively repatriate such aliens.

SEC. 306. TRAINING PROGRAM.

Not later than six months after the date of the enactment
of this Act, the Secretary of Homeland Security--
(1) review and evaluate the training provided to Border
Patrol agents and port of entry inspectors regarding the
inspection of aliens to determine whether an alien is
referred for an interview by an asylum officer for a
determination of credible fear;
(2) based on the review and evaluation described in
paragraph (1), take necessary and appropriate measures to
ensure consistency in referrals by Border Patrol agents and
port of entry inspectors to asylum officers for
determinations of credible fear.

SEC. 307. GAO STUDY ON DEATHS IN CUSTODY.

The Comptroller General of the United States, within 6
months after the date of the enactment of this Act, shall
submit to Congress a report on the deaths in custody of
detainees held on immigration violations by the Secretary of
Homeland Security. The report shall include the following
information with respect to any such deaths and in connection
therewith:
(1) Whether any crimes were committed by personnel of the
Department of Homeland Security.
(2) Whether any such deaths were caused by negligence or
deliberate indifference by such personnel.
(3) Whether Department practice and procedures were
properly followed and obeyed.
(4) Whether such practice and procedures are sufficient to
protect the health and safety of such detainees.
(5) Whether reports of such deaths were made under the
Deaths in Custody Act.

TITLE IV--EFFECTIVE ORGANIZATION OF BORDER SECURITY AGENCIES

SEC. 401. ENHANCED BORDER SECURITY COORDINATION AND
MANAGEMENT.

The Secretary of Homeland Security shall ensure full
coordination of border security efforts among agencies within
the Department of Homeland Security, including United States
Immigration and Customs Enforcement, United States Customs
and Border Protection, and United States Citizenship and
Immigration Services, and shall identify and remedy any
failure of coordination or integration in a prompt and
efficient manner. In particular, the Secretary of Homeland
Security shall--
(1) oversee and ensure the coordinated execution of border
security operations and policy;
(2) establish a mechanism for sharing and coordinating
intelligence information and analysis at the headquarters and
field office levels pertaining to counter-terrorism, border
enforcement, customs and trade, immigration, human smuggling,
human trafficking, and other issues of concern to both United
States Immigration and Customs Enforcement and United States
Customs and Border Protection;
(3) establish Department of Homeland Security task forces
(to include other Federal, State, Tribal and local law
enforcement agencies as appropriate) as necessary to better
coordinate border enforcement and the disruption and
dismantling of criminal organizations engaged in cross-border
smuggling, money laundering, and immigration violations;
(4) enhance coordination between the border security and
investigations missions within the Department by requiring
that, with respect to cases involving violations of the
customs and immigration laws of the United States, United
States Customs and Border Protection coordinate with and
refer all such cases to United States Immigration and Customs
Enforcement;
(5) examine comprehensively the proper allocation of the
Department's border security related resources, and analyze
budget issues on the basis of Department-wide border
enforcement goals, plans, and processes;
(6) establish measures and metrics for determining the
effectiveness of coordinated border enforcement efforts; and
(7) develop and implement a comprehensive plan to protect
the northern and southern land borders of the United States
and address the different challenges each border faces by--
(A) coordinating all Federal border security activities;
(B) improving communications and data sharing capabilities
within the Department and with other Federal, State, local,
tribal, and foreign law enforcement agencies on matters
relating to border security; and
(C) providing input to relevant bilateral agreements to
improve border functions, including ensuring security and
promoting trade and tourism.

SEC. 402. MAKING OUR BORDER AGENCIES WORK.

(a) In General.--Title IV of the Homeland Security Act of
2002 (6 U.S.C. 201 et seq.) is amended--
(1) in subtitle A, by amending the heading to read as
follows: ``Bureau of Border Security and Customs'';
(2) by striking section 401 and inserting the following
section:

``SEC. 401. BUREAU OF BORDER SECURITY AND CUSTOMS.

``(a) Establishment.--There shall be in the Department of
Homeland Security a Bureau of Border Security and Customs (in
this section referred to as the `Bureau').
``(b) Commissioner.--
``(1) In general.--The head of the Bureau shall be the
Commissioner of Border Security and Customs (in this section
referred to as the `Commissioner'). The Commissioner shall
report directly to the Secretary.
``(2) Appointment.--The Commissioner shall be appointed--
``(A) by the President, by and with the advice and consent
of the Senate; and
``(B) from individuals who have--
``(i) a minimum of ten years professional experience in law
enforcement; and
``(ii) a minimum of ten years of management experience.
``(c) Coordination.--Among other duties, the Commissioner
shall develop and implement a comprehensive plan to protect
the northern and southern land borders of the United States
and address the different challenges each border faces by--
``(1) coordinating all Federal border security activities;
``(2) improving communications and data sharing
capabilities within the Department and with other Federal,
State, local, tribal, and foreign law enforcement agencies on
matters relating to border security; and
``(3) providing input to relevant bilateral agreements to
improve border functions, including ensuring security and
promoting trade and tourism.
``(d) Organization.--The Bureau shall include five primary
divisions. The head of each division shall be an Assistant
Commissioner of Border Security and Customs who shall be
appointed by the Secretary of Homeland Security. The five
divisions and their responsibilities are as follows:
``(1) Office of immigration enforcement.--It shall be the
responsibility of the Office of Immigration Enforcement to
enforce the immigration laws of the United States.
``(2) Office of customs enforcement.--It shall be the
responsibility of the Office of Customs Enforcement to
enforce the customs laws of the United States.
``(3) Office of inspection.--It shall be the responsibility
of the Office of Inspection to conduct inspections at
official United States ports of entry and to maintain
specialized immigration, customs, and agriculture secondary
inspection functions.
``(4) Office of border patrol.--It shall be the
responsibility of the Office of Border Patrol to secure the
international land and maritime borders of the United States
between ports of entry.
``(5) Office of mission support.--It shall be the
responsibility of the Office of Mission Support to provide
assistance to the Bureau, including all offices of the
Bureau, and additional agencies as determined appropriate by
the Secretary. The Office shall include, at a minimum,
detention and removal functions, intelligence functions, and
air and marine support.
``(e) Reorganization.--The reorganization authority
described in section 872 shall not apply to this section.'';

[[Page H12001]]

(3) in section 402, in the matter preceding paragraph (1),
by striking ``acting through the Under Secretary for Border
and Transportation Security,'' and inserting ``acting through
the Commissioner of Border Security and Customs,''; and
(4) by inserting after section 403 the following new
section:

``SEC. 404. TRANSFER.

``The Bureau of Customs and Border Protection and the
Bureau of Immigration and Customs Enforcement of the
Department of Homeland Security, created pursuant to the
`Reorganization Plan Modification for the Department of
Homeland Security' submitted to Congress as required under
section 1502, is hereby transferred into the Bureau of Border
Security and Customs, established pursuant to section 401.''.
(b) Clerical Amendments.--The table of contents of the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended--
(1) by striking the item related to section 401 and
inserting the following item:

``Sec. 401. Bureau of Border Security and Customs.''

; and
(2) by inserting after the item relating to section 403 the
following new item:

``Sec. 404. Transfer.''.

(c) Shadow Wolves Transfer.--
(1) Transfer of existing unit.--In conjunction with the
creation of the Bureau of Border Security and Customs under
section 401 of the Homeland Security Act of 2002, as amended
by section 201(a) of this Act, the Secretary of Homeland
Security shall transfer to United States Immigration and
Customs Enforcement all functions (including the personnel,
assets, and liabilities attributable to such functions) of
the Customs Patrol Officers unit operating on the Tohono
O'odham Indian reservation (commonly known as the ``Shadow
Wolves'' unit).
(2) Establishment of new units.--The Secretary is
authorized to establish Shadow Wolves units within both the
Office of Immigration Enforcement and Office of Customs
Enforcement in the Bureau of Border Security and Customs.
(3) Duties.--The Customs Patrol Officer unit transferred
pursuant to paragraph (1), and additional units established
pursuant to paragraph (2), shall operate on Indian lands by
preventing the entry of terrorists, other unlawful aliens,
instruments of terrorism, narcotics, and other contraband
into the United States.
(4) Basic pay for journeyman officers.--A Customs Patrol
Officer in a unit described in this subsection shall receive
equivalent pay as a special agent with similar competencies
within United States Immigration and Customs Enforcement
pursuant to the Department of Homeland Security's Human
Resources Management System established under section 841 of
the Homeland Security Act (6 U.S.C. 411).
(5) Supervisors.--The Shadow Wolves unit created within the
Office of Immigration Enforcement shall be supervised by a
Chief Immigration Patrol Officer. The Shadow Wolves unit
created within the Office of Customs Enforcement shall be
supervised by a Chief Customs Patrol Officer. Each such
Officer shall have the same rank as a resident agent-in-
charge of the Office of Investigations within United States
Immigration and Customs Enforcement.
(d) Technical and Conforming Amendments to the Homeland
Security Act of 2002.--
(1) Transportation security administration.--Section 424(a)
of the Homeland Security Act of 2002 (6 U.S.C. 234(a)) is
amended by striking ``under the Under Secretary for Border
Transportation and Security''.
(2) Office for domestic preparedness.--Section 430 of such
Act (6 U.S.C. 238) is amended--
(A) in subsection (a), by striking ``The Office for
Domestic Preparedness shall be within the Directorate of
Border and Transportation Security.'' and inserting ``There
shall be in the Department an Office for Domestic
Preparedness.''; and
(B) in subsection (b), in the second sentence, by striking
``Under Secretary for Border and Transportation Security''
and inserting ``Secretary of Homeland Security''.
(3) Bureau of border security.--The Homeland Security Act
of 2002 (6 U.S.C. 101 et seq.) is amended--
(A) in section 402 (6 U.S.C. 202)--
(i) in the matter preceding paragraph (1), by striking ``,
acting through the Under Secretary for Border and
Transportation Security,'';
(ii) by redesignating paragraph (8) as paragraph (9); and
(iii) by inserting after paragraph (7) the following new
paragraph:
``(8) Administering the program to collect information
relating to nonimmigrant foreign students and other exchange
program participants described in section 641 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1372), including the Student and Exchange Visitor
Information System established under that section, and using
such information to carry out the enforcement functions of
the Bureau.'';
(B) by inserting after section 404 (as added by section
102(a)(4) of this Act) the following new sections:

``SEC. 405. CHIEF OF IMMIGRATION POLICY AND STRATEGY.

``(a) In General.--There shall be a position of Chief of
Immigration Policy and Strategy for the Bureau of Border
Security and Customs.
``(b) Functions.--In consultation with Bureau of Border
Security and Customs personnel in local offices, the Chief of
Immigration Policy and Strategy shall be responsible for--
``(1) making policy recommendations and performing policy
research and analysis on immigration enforcement issues; and
``(2) coordinating immigration policy issues with the Chief
of Policy and Strategy for the Bureau of Citizenship and
Immigration Services (established under subtitle E), as
appropriate.

``SEC. 406. IMMIGRATION LEGAL ADVISOR.

``There shall be a principal immigration legal advisor to
the Commissioner of the Bureau of Border Security and
Customs. The immigration legal advisor shall provide
specialized legal advice to the Commissioner of the Bureau of
Border Security and Customs and shall represent the Bureau in
all exclusion, deportation, and removal proceedings before
the Executive Office for Immigration Review.''; and
(C) by striking section 442 (6 U.S.C. 252) and
redesignating sections 443 through 446 as sections 442
through 445, respectively.
(4) Conforming amendments.--
(A) Bureau of border security and customs.--Each of the
following sections of the Homeland Security Act of 2002 is
amended by inserting ``and Customs'' after ``Border
Security'' each place it appears:
(i) Section 442, as redesignated by subsection (c)(3).
(ii) Section 443, as redesignated by subsection (c)(3).
(iii) Section 444, as redesignated by subsection (c)(3).
(iv) Section 451 (6 U.S.C. 271).
(v) Section 459, (6 U.S.C. 276).
(vi) Section 462 (6 U.S.C. 279).
(vii) Section 471 (6 U.S.C. 291).
(viii) Section 472 (6 U.S.C. 292).
(ix) Section 474 (6 U.S.C. 294).
(x) Section 475 (6 U.S.C. 295).
(xi) Section 476 (6 U.S.C. 296).
(xii) Section 477 (6 U.S.C. 297).
(B) Commissioner of the bureau of border security and
customs.--The Homeland Security Act of 2002 is amended--
(i) in section 442, as redesignated by subsection (c)(3),
in the matter preceding paragraph (1), by striking ``Under
Secretary for Border and Transportation Security'' and
inserting ``Commissioner of Border Security and Customs'';
(ii) in section 443, as redesignated by subsection (c)(3),
by striking ``Under Secretary for Border and Transportation
Security'' and inserting ``Commissioner of Border Security
and Customs'';
(iii) in section 451(a)(2)(C) (6 U.S.C. 271(a)(2)(C)), by
striking ``Assistant Secretary'' and inserting
``Commissioner'';
(iv) in section 459(c) (6 U.S.C. 276(c)), by striking
``Assistant Secretary'' and inserting ``Commissioner''; and
(v) in section 462(b)(2)(A) (6 U.S.C. 279(b)(2)(A)), by
striking ``Assistant Secretary'' and inserting
``Commissioner''.
(5) Reference.--Any reference to the Bureau of Border
Security in any other Federal law, Executive order, rule,
regulation, or delegation of authority, or any document of or
pertaining to the Bureau is deemed to refer to the Bureau of
Border Security and Customs.
(6) Clerical amendments.--The table of contents of the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended--
(A) by inserting after the item relating to section 404 (as
added by section 102(b)(2) of this Act) the following new
items:

``Sec. 405. Chief of Policy and Strategy.
``Sec. 406. Legal advisor.'';

(B) by striking the item related to section 442; and
(C) by redesignating the items relating to sections 443
through 446 as items relating to sections 442 through 445,
respectively.

TITLE V--KEEPING OUR COMMITMENT TO ENSURE SUFFICIENT, WELL TRAINED AND
WELL EQUIPPED PERSONNEL AT THE UNITED STATES BORDER

Subtitle A--Equipment Enhancements to Address Shortfalls to Securing
United States Borders

SEC. 501. EMERGENCY DEPLOYMENT OF UNITED STATES BORDER PATROL
AGENTS.

(a) In General.--If the Governor of a State on an
international border of the United States declares an
international border security emergency and requests
additional United States Border Patrol agents from the
Secretary of Homeland Security, the Secretary is authorized,
subject to subsections (b) and (c), to provide the State with
up to 1,000 additional United States Border Patrol agents for
the purpose of patrolling and defending the international
border, in order to prevent individuals from crossing the
international border and entering the United States at any
location other than an authorized port of entry.
(b) Consultation.--The Secretary of Homeland Security shall
consult with the President upon receipt of a request under
subsection (a), and shall grant it to the extent that
providing the requested assistance will not significantly
impair the Department of Homeland Security's ability to
provide border security for any other State.
(c) Collective Bargaining.--Emergency deployments under
this section shall be made in conformance with all collective
bargaining agreements and obligations.

SEC. 502. HELICOPTERS AND POWER BOATS.

(a) In General.--The Secretary of Homeland Security shall
increase by not less than

[[Page H12002]]

100 the number of United States Border Patrol helicopters,
and shall increase by not less than 250 the number of United
States Border Patrol power boats. The Secretary of Homeland
Security shall ensure that appropriate types of helicopters
are procured for the various missions being performed. The
Secretary of Homeland Security also shall ensure that the
types of power boats that are procured are appropriate for
both the waterways in which they are used and the mission
requirements.
(b) Use and Training.--The Secretary of Homeland Security
shall establish an overall policy on how the helicopters and
power boats described in subsection (a) will be used and
implement training programs for the agents who use them,
including safe operating procedures and rescue operations.

SEC. 503. MOTOR VEHICLES.

The Secretary of Homeland Security shall establish a fleet
of motor vehicles appropriate for use by the United States
Border Patrol that will permit a ratio of at least one
police-type vehicle per every 3 United States Border Patrol
agents. Additionally, the Secretary of Homeland Security
shall ensure that there are sufficient numbers and types of
other motor vehicles to support the mission of the United
States Border Patrol. All vehicles will be chosen on the
basis of appropriateness for use by the United States Border
Patrol, and each vehicle shall have a ``panic button'' and a
global positioning system device that is activated solely in
emergency situations for the purpose of tracking the location
of an agent in distress. The police-type vehicles shall be
replaced at least every 3 years.

SEC. 504. PORTABLE COMPUTERS.

The Secretary of Homeland Security shall ensure that each
police-type motor vehicle in the fleet of the United States
Border Patrol is equipped with a portable computer with
access to all necessary law enforcement databases and
otherwise suited to the unique operational requirements of
the United States Border Patrol.

SEC. 505. RADIO COMMUNICATIONS.

The Secretary of Homeland Security shall augment the
existing radio communications system so all Federal law
enforcement personnel working in every area in which United
States Border Patrol operations are conducted have clear and
encrypted two-way radio communication capabilities at all
times.

SEC. 506. HAND-HELD GLOBAL POSITIONING SYSTEM DEVICES.

The Secretary of Homeland Security shall ensure that each
United States Border Patrol agent is issued, when on patrol,
a state-of-the-art hand-held global positioning system device
for navigational purposes.

SEC. 507. NIGHT VISION EQUIPMENT.

The Secretary of Homeland Security shall ensure that
sufficient quantities of state-of-the-art night vision
equipment are procured and regularly maintained to enable
each United States Border Patrol agent patrolling during the
hours of darkness to be equipped with a portable night vision
device.

SEC. 508. BODY ARMOR.

The Secretary of Homeland Security shall ensure that every
United States Border Patrol agent is issued high-quality body
armor that is appropriate for the climate and risks faced by
the individual officer. Each officer shall be allowed to
select from among a variety of approved brands and styles.
All body armor shall be replaced at least once every five
years.

SEC. 509. WEAPONS.

The Secretary of Homeland Security shall ensure that United
States Border Patrol agents are equipped with weapons that
are reliable and effective to protect themselves, their
fellow officers, and innocent third parties from the threats
posed by armed criminals. In addition, the Secretary shall
ensure that the policies of the Department of Homeland
Security allow all such officers to carry weapons selected
from a Department approved list that are suited to the
potential threats that such officers face.

Subtitle B--Human Capital Enhancements To Improve the Recruitment and
Retention of Border Security Personnel

SEC. 511. MAXIMUM STUDENT LOAN REPAYMENTS FOR UNITED STATES
BORDER PATROL AGENTS.

Section 5379(b) of title 5, United States Code, is amended
by adding at the end the following:
``(4) In the case of an employee (otherwise eligible for
benefits under this section) who is serving as a full-time
active-duty United States Border Patrol agent within the
Department of Homeland Security--
``(A) paragraph (2)(A) shall be applied by substituting
`$20,000' for `$10,000'; and
``(B) paragraph (2)(B) shall be applied by substituting
`$80,000' for `$60,000'.''.

SEC. 512. RECRUITMENT AND RELOCATION BONUSES AND RETENTION
ALLOWANCES FOR PERSONNEL OF THE DEPARTMENT OF
HOMELAND SECURITY.

The Secretary of Homeland Security shall ensure that the
authority to pay recruitment and relocation bonuses under
section 5753 of title 5, United States Code, the authority to
pay retention bonuses under section 5754 of such title, and
any other similar authorities available under any other
provision of law, rule, or regulation, are exercised to the
fullest extent allowable in order to encourage service in the
Department of Homeland Security.

SEC. 513. LAW ENFORCEMENT RETIREMENT COVERAGE FOR INSPECTION
OFFICERS AND OTHER EMPLOYEES.

(a) Amendments.--
(1) Federal employees' retirement system.--
(A) Paragraph (17) of section 8401 of title 5, United
States Code, is amended by striking ``and'' at the end of
subparagraph (C), and by adding at the end the following:
``(E) an employee (not otherwise covered by this
paragraph)--
``(i) the duties of whose position include the
investigation or apprehension of individuals suspected or
convicted of offenses against the criminal laws of the United
States; and
``(ii) who is authorized to carry a firearm; and
``(F) an employee of the Internal Revenue Service, the
duties of whose position are primarily the collection of
delinquent taxes and the securing of delinquent returns;''.
(B) Conforming amendment.--Section 8401(17)(C) of title 5,
United States Code, is amended by striking ``(A) and (B)''
and inserting ``(A), (B), (E), and (F)''.
(2) Civil service retirement system.--Paragraph (20) of
section 8331 of title 5, United States Code, is amended by
inserting after ``position.'' (in the matter before
subparagraph (A)) the following: ``For the purpose of this
paragraph, the employees described in the preceding provision
of this paragraph (in the matter before `including') shall be
considered to include an employee, not otherwise covered by
this paragraph, who satisfies clauses (i) and (ii) of section
8401(17)(E) and an employee of the Internal Revenue Service
the duties of whose position are as described in section
8401(17)(F).''.
(3) Effective date.--Except as provided in subsection (b),
the amendments made by this subsection shall take effect on
the date of the enactment of this Act, and shall apply only
in the case of any individual first appointed (or seeking to
be first appointed) as a law enforcement officer (within the
meaning of those amendments) on or after such date.
(b) Treatment of Service Performed by Incumbents.--
(1) Law enforcement officer and service described.--
(A) Law enforcement officer.--Any reference to a law
enforcement officer described in this paragraph refers to an
individual who satisfies the requirements of section 8331(20)
or 8401(17) of title 5, United States Code (relating to the
definition of a law enforcement officer) by virtue of the
amendments made by subsection (a).
(B) Service.--Any reference to service described in this
paragraph refers to service performed as a law enforcement
officer (as described in this paragraph).
(2) Incumbent defined.--For purposes of this subsection,
the term ``incumbent'' means an individual who--
(A) is first appointed as a law enforcement officer (as
described in paragraph (1)) before the date of the enactment
of this Act; and
(B) is serving as such a law enforcement officer on such
date.
(3) Treatment of service performed by incumbents.--
(A) In general.--Service described in paragraph (1) which
is performed by an incumbent on or after the date of the
enactment of this Act shall, for all purposes (other than
those to which subparagraph (B) pertains), be treated as
service performed as a law enforcement officer (within the
meaning of section 8331(20) or 8401(17) of title 5, United
States Code, as appropriate), irrespective of how such
service is treated under subparagraph (B).
(B) Retirement.--Service described in paragraph (1) which
is performed by an incumbent before, on, or after the date of
the enactment of this Act shall, for purposes of subchapter
III of chapter 83 and chapter 84 of title 5, United States
Code, be treated as service performed as a law enforcement
officer (within the meaning of section 8331(20) or 8401(17),
as appropriate), but only if an appropriate written election
is submitted to the Office of Personnel Management within 5
years after the date of the enactment of this Act or before
separation from Government service, whichever is earlier.
(4) Individual contributions for prior service.--
(A) In general.--An individual who makes an election under
paragraph (3)(B) may, with respect to prior service performed
by such individual, contribute to the Civil Service
Retirement and Disability Fund the difference between the
individual contributions that were actually made for such
service and the individual contributions that should have
been made for such service if the amendments made by
subsection (a) had then been in effect.
(B) Effect of not contributing.--If no part of or less than
the full amount required under subparagraph (A) is paid, all
prior service of the incumbent shall remain fully creditable
as law enforcement officer service, but the resulting annuity
shall be reduced in a manner similar to that described in
section 8334(d)(2) of title 5, United States Code, to the
extent necessary to make up the amount unpaid.
(C) Prior service defined.--For purposes of this
subsection, the term ``prior service'' means, with respect to
any individual who makes an election under paragraph (3)(B),
service (described in paragraph (1)) performed by such
individual before the date as of which appropriate retirement
deductions begin to be made in accordance with such election.

[[Page H12003]]

(5) Government contributions for prior service.--
(A) In general.--If an incumbent makes an election under
paragraph (3)(B), the agency in or under which that
individual was serving at the time of any prior service
(referred to in paragraph (4)) shall remit to the Office of
Personnel Management, for deposit in the Treasury of the
United States to the credit of the Civil Service Retirement
and Disability Fund, the amount required under subparagraph
(B) with respect to such service.
(B) Amount required.--The amount an agency is required to
remit is, with respect to any prior service, the total amount
of additional Government contributions to the Civil Service
Retirement and Disability Fund (above those actually paid)
that would have been required if the amendments made by
subsection (a) had then been in effect.
(C) Contributions to be made ratably.--Government
contributions under this paragraph on behalf of an incumbent
shall be made by the agency ratably (on at least an annual
basis) over the 10-year period beginning on the date referred
to in paragraph (4)(C).
(6) Exemption from mandatory separation.--Nothing in
section 8335(b) or 8425(b) of title 5, United States Code,
shall cause the involuntary separation of a law enforcement
officer (as described in paragraph (1)) before the end of the
3-year period beginning on the date of the enactment of this
Act.
(7) Regulations.--The Office shall prescribe regulations to
carry out this section, including--
(A) provisions in accordance with which interest on any
amount under paragraph (4) or (5) shall be computed, based on
section 8334(e) of title 5, United States Code; and
(B) provisions for the application of this subsection in
the case of--
(i) any individual who--

(I) satisfies subparagraph (A) (but not subparagraph (B))
of paragraph (2); and
(II) serves as a law enforcement officer (as described in
paragraph (1)) after the date of the enactment of this Act;
and

(ii) any individual entitled to a survivor annuity (based
on the service of an incumbent, or of an individual under
clause (i), who dies before making an election under
paragraph (3)(B)), to the extent of any rights that would
then be available to the decedent (if still living).
(8) Rule of construction.--Nothing in this subsection shall
be considered to apply in the case of a reemployed annuitant.

SEC. 514. INCREASE UNITED STATES BORDER PATROL AGENT AND
INSPECTOR PAY.

Effective as of the first day of the first applicable pay
period beginning on the date that is one year after the date
of the enactment of this Act, the highest basic rate of pay
for a journey level United States Border Patrol agent or
immigration, customs, or agriculture inspector within the
Department of Homeland Security whose primary duties consist
of enforcing the immigration, customs, or agriculture laws of
the United States shall increase from the annual rate of
basic pay for positions at GS-11 of the General Schedule to
the annual rate of basic pay for positions at GS-12 of the
General Schedule.

SEC. 515. COMPENSATION FOR TRAINING AT FEDERAL LAW
ENFORCEMENT TRAINING CENTER.

Official training, including training provided at the
Federal Law Enforcement Training Center, that is provided to
a customs officer or canine enforcement officer (as defined
in subsection (e)(1) of section 5 of the Act of February 13,
1911 (19 U.S.C. 267), or to a customs and border protection
officer shall be deemed work for purposes of such section. If
such training results in the officer performing work in
excess of 40 hours in the administrative workweek of the
officer or in excess of 8 hours in a day, the officer shall
be compensated for that work at an hourly rate of pay that is
equal to 2 times the hourly rate of the basic pay of the
officer, in accordance with subsection (a)(1) of such
section. Such compensation shall apply with respect to such
training provided to such officers on or after January 1,
2002. Not later than 60 days after the date of the enactment
of this Act, such compensation shall be provided to such
officers, together with any applicable interest, calculated
in accordance with section 5596(b)(2) of title 5, United
States Code.

Subtitle C--Securing and Facilitating the Movement of Goods and
Travelers

SEC. 531. INCREASE IN FULL TIME UNITED STATES CUSTOMS AND
BORDER PROTECTION IMPORT SPECIALISTS.

(a) In General.--The number of full time United States
Customs and Border Protection non-supervisory import
specialists in the Department of Homeland Security shall be
not less than 1,080 in fiscal year 2007.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security such
sums as may be necessary to fund these positions and related
expenses including training and support.

SEC. 532. CERTIFICATIONS RELATING TO FUNCTIONS AND IMPORT
SPECIALISTS OF UNITED STATES CUSTOM AND BORDER
PROTECTION.

(a) Functions.--The Secretary of Homeland Security shall
annually certify to Congress, that, pursuant to paragraph (1)
of section 412(b) of the Homeland Security Act of 2002 (6
U.S.C. 212(b)) the Secretary has not consolidated,
discontinued, or diminished those functions described in
paragraph (2) of such section that were performed by the
United States Customs Service, or reduced the staffing level
or reduced resources attributable to such functions.
(b) Number of Import Specialists.--The Secretary of
Homeland Security shall annually certify to Congress that, in
accordance with the requirement described in section 302(a),
the number of full time non-supervisory import specialists
employed by United States Customs and Border Protection is at
least 1,080.

SEC. 533. EXPEDITED TRAVELER PROGRAMS.

(a) Sense of Congress.--It is the sense of Congress that
the expedited travel programs of the Department of Homeland
Security should be expanded to all major United States ports
of entry and participation in the pre-enrollment programs
should be strongly encouraged. These programs assist
frontline officers of the United States in the fight against
terrorism by increasing the number of known travelers
crossing the border. The identities of such expedited
travelers should be entered into a database of known
travelers who have been subjected to in-depth background and
watch-list checks. This will permit border control officers
to focus more closely on unknown travelers, potential
criminals, and terrorists.
(b) Monitoring.--
(1) In general.--The Secretary of Homeland Security shall
monitor usage levels of all expedited travel lanes at United
States land border ports of entry.
(2) Funding for staff and infrastructure.--If the Secretary
determines that the usage levels referred to in paragraph (1)
exceed the capacity of border facilities to provide expedited
entry and exit, the Secretary shall submit to Congress a
request for additional funding for increases in staff and
improvements in infrastructure, as appropriate, to enhance
the capacity of such facilities.
(c) Expansion of Expedited Traveler Services.--The
Secretary of Homeland Security shall--
(1) open new enrollment centers in States that do not share
an international land border with Canada or Mexico but where
the Secretary has determined that a large demand for
expedited traveler programs exist;
(2) reduce fee levels for the expedited traveler programs
to encourage greater participation; and
(3) cooperate with the Secretary of State in the public
promotion of benefits of the expedited traveler programs of
the Department of Homeland Security.
(d) Report on Expedited Traveler Programs.--The Secretary
of Homeland Security shall, on biannually in 2006, 2007, and
2008, submit to Congress a report on participation in the
expedited traveler programs of the Department of Homeland
Security.
(e) Integration and Interoperability of Expedited Traveler
Program Databases.--Not later than six months after the date
of the enactment of this Act, the Secretary of Homeland
Security shall develop a plan to full integrate and make
interoperable the databases of all of the expedited traveler
programs of the Department of Homeland Security, including
NEXUS, AIR NEXUS, SENTRI, FAST, and Register Traveler.

TITLE VI--ENSURING PROPER SCREENING

SEC. 601. US-VISIT OVERSIGHT TASK FORCE.

(a) In General.--In order to assist the Secretary of
Homeland Security to complete the planning and expedited
deployment of US-VISIT, as described in section 7208 of such
Act, and consistent with the findings of the National
Commission on Terrorist Attacks upon the United States, the
Secretary shall convene a task force.
(b) Composition.--The task force shall be composed of
representatives from private sector groups with an interest
in immigration and naturalization, travel and tourism,
transportation, trade, law enforcement, national security,
the environment, and other affected industries and areas of
interest. Members of the task force shall be appointed by the
Secretary for the life of the task force.
(c) Duties.--The task force shall advise and assist the
Secretary regarding ways to make US-VISIT a secure and
complete system to track visitors to the United States.
(d) Report.--Not later than December 31, 2006, and annually
thereafter that the task force is in existence, the task
force shall submit to the House Committee on Homeland
Security and the Committee on Homeland Security and
Government Reform of the Senate a report containing the
findings, conclusions, and recommendations of the task force
with respect to making US-VISIT a secure and complete system,
in accordance with paragraph (3). The report shall also
measure and evaluate the progress the task force has made in
providing a framework for completion of the US-VISIT program,
an estimation of how long any remaining work will take to
complete, and an estimation of the cost to complete such
work.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such funds as may be
necessary to carry out this subsection.

SEC. 602. VERIFICATION OF SECURITY MEASURES UNDER THE
CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM (C-
TPAT) PROGRAM AND THE FREE AND SECURE TRADE
(FAST) PROGRAM.

(a) General Verification.--Not later than one year after
the date of the enactment of this Act, and on a biannual
basis thereafter,

[[Page H12004]]

the Commissioner of the Bureau of Customs and Border
Protection of the Department of Homeland Security shall
verify on-site the security measures of each individual and
entity that is participating in the Customs-Trade Partnership
Against Terrorism (C-TPAT) program and the Free And Secure
Trade (FAST) program.
(b) Policies for Noncompliance With C-TPAT Program
Requirements.--The Commissioner shall establish policies for
non-compliance with the requirements of the C-TPAT program by
individuals and entities participating in the program,
including probation or expulsion from the program, as
appropriate.

SEC. 603. IMMEDIATE INTERNATIONAL PASSENGER PRESCREENING
PILOT PROGRAM.

(a) Pilot Program.--Not later than 90 days after the date
of enactment of this Act, the Secretary of Homeland Security
shall initiate a pilot program to evaluate the use of
automated systems for the immediate prescreening of
passengers on flights in foreign air transportation, as
defined by section 40102 of title 49, United States Code,
that are bound for the United States.
(b) Requirements.--At a minimum, with respect to a
passenger on a flight described in subsection (a) operated by
an air carrier or foreign air carrier, the automated systems
evaluated under the pilot program shall--
(1) compare the passenger's information against the
integrated and consolidated terrorist watchlist maintained by
the Federal Government and provide the results of the
comparison to the air carrier or foreign air carrier before
the passenger is permitted board the flight;
(2) provide functions similar to the advanced passenger
information system established under section 431 of the
Tariff Act of 1930 (19 U.S.C. 1431); and
(3) make use of machine-readable data elements on passports
and other travel and entry documents in a manner consistent
with international standards.
(c) Operation.--The pilot program shall be conducted--
(1) in not fewer than 2 foreign airports; and
(2) in collaboration with not fewer than one air carrier at
each airport participating in the pilot program.
(d) Evaluation of Automated Systems.--In conducting the
pilot program, the Secretary shall evaluate not more than 3
automated systems. One or more of such systems shall be
commercially available and currently in use to prescreen
passengers.
(e) Privacy Protection.--The Secretary shall ensure that
the passenger data is collected under the pilot program in a
manner consistent with the standards established under
section 552a of title 5, United States Code.
(f) Duration.--The Secretary shall conduct the pilot
program for not fewer than 90 days.
(g) Passenger Defined.--In this section, the term
``passenger'' includes members of the flight crew.
(h) Report.--Not later than 30 days after the date of
completion of the pilot program, the Secretary shall submit
to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the
following:
(1) An assessment of the technical performance of each of
the tested systems, including the system's accuracy,
scalability, and effectiveness with respect to measurable
factors, including, at a minimum, passenger throughput, the
rate of flight diversions, and the rate of false negatives
and positives.
(2) A description of the provisions of each tested system
to protect the civil liberties and privacy rights of
passengers, as well as a description of the adequacy of an
immediate redress or appeals process for passengers denied
authorization to travel.
(3) Cost projections for implementation of each tested
system, including--
(A) projected costs to the Department of Homeland Security;
and
(B) projected costs of compliance to air carriers operating
flights described in subsection (a).
(4) A determination as to which tested system is the best-
performing and most efficient system to ensure immediate
prescreening of international passengers. Such determination
shall be made after consultation with individuals in the
private sector having expertise in airline industry, travel,
tourism, privacy, national security, or computer security
issues.
(5) A plan to fully deploy the best-performing and most
efficient system tested by not later than January 1, 2007.

TITLE VII--ALIEN SMUGGLING; NORTHERN BORDER PROSECUTION; CRIMINAL
ALIENS

Subtitle A--Alien Smuggling

SEC. 701. COMBATING HUMAN SMUGGLING.

(a) Requirement for Plan.--The Secretary shall develop and
implement a plan to improve coordination between the Bureau
of Immigration and Customs Enforcement and the Bureau of
Customs and Border Protection of the Department of Homeland
Security and any other Federal, State, local, or tribal
authorities, as determined appropriate by the Secretary, to
improve coordination efforts to combat human smuggling.
(b) Content.--In developing the plan required by subsection
(a), the Secretary shall consider--
(1) the interoperability of databases utilized to prevent
human smuggling;
(2) adequate and effective personnel training;
(3) methods and programs to effectively target networks
that engage in such smuggling;
(4) effective utilization of--
(A) visas for victims of trafficking and other crimes; and
(B) investigatory techniques, equipment, and procedures
that prevent, detect, and prosecute international money
laundering and other operations that are utilized in
smuggling;
(5) joint measures, with the Secretary of State, to enhance
intelligence sharing and cooperation with foreign governments
whose citizens are preyed on by human smugglers; and
(6) other measures that the Secretary considers appropriate
to combating human smuggling.
(c) Report.--Not later than 1 year after implementing the
plan described in subsection (a), the Secretary shall submit
to Congress a report on such plan, including any
recommendations for legislative action to improve efforts to
combating human smuggling.

SEC. 702. REESTABLISHMENT OF THE UNITED STATES BORDER PATROL
ANTI-SMUGGLING UNIT.

The Secretary of Homeland Security shall reestablish the
Anti-Smuggling Unit within the Office of United States Border
Patrol, and shall immediately staff such office with a
minimum of 500 criminal investigators selected from within
the ranks of the United States Border Patrol. Staffing levels
shall be adjusted upward periodically in accordance with
workload requirements.

SEC. 703. NEW NONIMMIGRANT VISA CLASSIFICATION TO ENABLE
INFORMANTS TO ENTER THE UNITED STATES AND
REMAIN TEMPORARILY.

(a) In General.--Section 101(a)(15)(S) (8 U.S.C.
1101(a)(15)(S)) is amended
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the comma at the end and
inserting ``; or'';
(3) by inserting after clause (ii) the following:
``(iii) who the Secretary of Homeland Security, the
Secretary of State, or the Attorney General determines--

``(I) is in possession of critical reliable information
concerning a commercial alien smuggling organization or
enterprise or a commercial operation for making or
trafficking in documents to be used for entering or remaining
in the United States unlawfully;
``(II) is willing to supply or has supplied such
information to a Federal or State court; or
``(III) whose presence in the United States the Secretary
of Homeland Security, the Secretary of State, or the Attorney
General determines is essential to the success of an
authorized criminal investigation, the successful prosecution
of an individual involved in the commercial alien smuggling
organization or enterprise, or the disruption of such
organization or enterprise or a commercial operation for
making or trafficking in documents to be used for entering or
remaining in the United States unlawfully.'';

(4) by inserting ``, or with respect to clause (iii), the
Secretary of Homeland Security, the Secretary of State, or
the Attorney General'' after ``jointly''; and
(5) by striking ``(i) or (ii)'' and inserting ``(i), (ii),
or (iii)''.
(b) Admission of Nonimmigrants.--Section 214(k) (8 U.S.C.
1184(k)) is amended
(1) by adding at the end of paragraph (1) the following:
``The number of aliens who may be provided a visa as
nonimmigrants under section 101(a)(15)(S)(iii) in any fiscal
year may not exceed 400.''; and
(2) by adding at the end the following:
``(5) If the Secretary of Homeland Security, the Secretary
of State, or the Attorney General determines that a
nonimmigrant described in clause (iii) of section
101(a)(15)(S), or that of any family member of such a
nonimmigrant who is provided nonimmigrant status pursuant to
such section, must be protected, such official may take such
lawful action as the official considers necessary to effect
such protection.''.

SEC. 704. ADJUSTMENT OF STATUS WHEN NEEDED TO PROTECT
INFORMANTS.

Section 245(j) (8 U.S.C. 1255(j)) is amended--
(1) in paragraph (3), by striking ``(1) or (2),'' and
inserting ``(1), (2), (3), or (4),'';
(2) by redesignating paragraph (3) as paragraph (5);
(3) by inserting after paragraph (2) the following:
``(3) if, in the opinion of the Secretary of Homeland
Security, the Secretary of State, or the Attorney General--
``(A) a nonimmigrant admitted into the United States under
section 101(a)(15)(S)(iii) has supplied information described
in subclause (I) of such section; and
``(B) the provision of such information has substantially
contributed to the success of a commercial alien smuggling
investigation or an investigation of the sale or production
of fraudulent documents to be used for entering or remaining
in the United States unlawfully, the disruption of such an
enterprise, or the prosecution of an individual described in
subclause (III) of that section,
the Secretary of Homeland Security may adjust the status of
the alien (and the spouse, children, married and unmarried
sons and daughters, and parents of the alien if admitted
under that section) to that of an alien lawfully admitted for
permanent residence if the alien is not described in section
212(a)(3)(E).

[[Page H12005]]

``(4) The Secretary of Homeland Security may adjust the
status of a nonimmigrant admitted into the United States
under section 101(a)(15)(S)(iii) (and the spouse, children,
married and unmarried sons and daughters, and parents of the
nonimmigrant if admitted under that section) to that of an
alien lawfully admitted for permanent residence on the basis
of a recommendation of the Secretary of State or the Attorney
General.''; and
(4) by adding at the end the following:
``(6) If the Secretary of Homeland Security, the Secretary
of State, or the Attorney General determines that a person
whose status is adjusted under this subsection must be
protected, such official may take such lawful action as the
official considers necessary to effect such protection.''.

SEC. 705. REWARDS PROGRAM.

(a) Rewards Program.--Section 274 (8 U.S.C. 1324) is
amended by adding at the end the following:
``(e) Rewards Program.--
``(1) In general.--There is established in the Department
of Homeland Security a program for the payment of rewards to
carry out the purposes of this section.
``(2) Purpose.--The rewards program shall be designed to
assist in the elimination of commercial operations to produce
or sell fraudulent documents to be used for entering or
remaining in the United States unlawfully and to assist in
the investigation, prosecution, or disruption of a commercial
alien smuggling operation.
``(3) Administration.--The rewards program shall be
administered by the Secretary of Homeland Security, in
consultation, as appropriate, with the Attorney General and
the Secretary of State.
``(4) Rewards authorized.--In the sole discretion of the
Secretary of Homeland Security, such Secretary, in
consultation, as appropriate, with the Attorney General and
the Secretary of State, may pay a reward to any individual
who furnishes information or testimony leading to--
``(A) the arrest or conviction of any individual conspiring
or attempting to produce or sell fraudulent documents to be
used for entering or remaining in the United States
unlawfully or to commit an act of commercial alien smuggling
involving the transportation of aliens;
``(B) the arrest or conviction of any individual committing
such an act;
``(C) the arrest or conviction of any individual aiding or
abetting the commission of such an act;
``(D) the prevention, frustration, or favorable resolution
of such an act, including the dismantling of an operation to
produce or sell fraudulent documents to be used for entering
or remaining in the United States, or commercial alien
smuggling operations, in whole or in significant part; or
``(E) the identification or location of an individual who
holds a key leadership position in an operation to produce or
sell fraudulent documents to be used for entering or
remaining in the United States unlawfully or a commercial
alien smuggling operation involving the transportation of
aliens.
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary
to carry out this subsection. Amounts appropriated under this
paragraph shall remain available until expended.
``(6) Ineligibility.--An officer or employee of any
Federal, State, local, or foreign government who, while in
performance of his or her official duties, furnishes
information described in paragraph (4) shall not be eligible
for a reward under this subsection for such furnishing.
``(7) Protection measures.--If the Secretary of Homeland
Security, the Secretary of State, or the Attorney General
determines that an individual who furnishes information or
testimony described in paragraph (4), or any spouse, child,
parent, son, or daughter of such an individual, must be
protected, such official may take such lawful action as the
official considers necessary to effect such protection.
``(8) Limitations and certification.--
``(A) Maximum amount.--No reward under this subsection may
exceed $100,000, except as personally authorized by the
Secretary of Homeland Security.
``(B) Approval.--Any reward under this subsection exceeding
$50,000 shall be personally approved by the Secretary of
Homeland Security.
``(C) Certification for payment.--Any reward granted under
this subsection shall be certified for payment by the
Secretary of Homeland Security.''.

SEC. 706. OUTREACH PROGRAM.

Section 274 (8 U.S.C. 1324), as amended by subsection (a),
is further amended by adding at the end the following:
``(f) Outreach Program.--The Secretary of Homeland
Security, in consultation, as appropriate, with the Attorney
General and the Secretary of State, shall develop and
implement an outreach program to educate the public in the
United States and abroad about--
``(1) the penalties for--
``(A) bringing in and harboring aliens in violation of this
section; and
``(B) participating in a commercial operation for making,
or trafficking in, documents to be used for entering or
remaining in the United States unlawfully; and
``(2) the financial rewards and other incentives available
for assisting in the investigation, disruption, or
prosecution of a commercial smuggling operation or a
commercial operation for making, or trafficking in, documents
to be used for entering or remaining in the United States
unlawfully.''.

SEC. 707. ESTABLISHMENT OF A SPECIAL TASK FORCE FOR
COORDINATING AND DISTRIBUTING INFORMATION ON
FRAUDULENT IMMIGRATION DOCUMENTS.

(a) In General.--The Secretary of Homeland Security shall
establish a task force (to be known as the Task Force on
Fraudulent Immigration Documents) to carry out the following:
(1) Collect information from Federal, State, and local law
enforcement agencies, and Foreign governments on the
production, sale, and distribution of fraudulent documents
intended to be used to enter or to remain in the United
States unlawfully.
(2) Maintain that information in a comprehensive database.
(3) Convert the information into reports that will provide
guidance for government officials on identifying fraudulent
documents being used to enter or to remain in the United
States unlawfully.
(4) Develop a system for distributing these reports on an
ongoing basis to appropriate Federal, State, and local law
enforcement agencies.
(b) Distribution of Information.--Distribute the reports to
appropriate Federal, State, and local law enforcement
agencies on an ongoing basis.

Subtitle B--Northern Border Prosecution Initiative Reimbursement Act

SEC. 711. SHORT TITLE.

This Act may be cited as the ``Northern Border Prosecution
Initiative Reimbursement Act''.

SEC. 712. NORTHERN BORDER PROSECUTION INITIATIVE.

(a) Initiative Required.--From amounts made available to
carry out this section, the Attorney General, acting through
the Director of the Bureau of Justice Assistance of the
Office of Justice Programs, shall carry out a program, to be
known as the Northern Border Prosecution Initiative, to
provide funds to reimburse eligible northern border entities
for costs incurred by those entities for handling case
dispositions of criminal cases that are federally initiated
but federally declined-referred. This program shall be
modeled after the Southwestern Border Prosecution Initiative
and shall serve as a partner program to that initiative to
reimburse local jurisdictions for processing Federal cases.
(b) Provision and Allocation of Funds.--Funds provided
under the program shall be provided in the form of direct
reimbursements and shall be allocated in a manner consistent
with the manner under which funds are allocated under the
Southwestern Border Prosecution Initiative.
(c) Use of Funds.--Funds provided to an eligible northern
border entity may be used by the entity for any lawful
purpose, including the following purposes:
(1) Prosecution and related costs.
(2) Court costs.
(3) Costs of courtroom technology.
(4) Costs of constructing holding spaces.
(5) Costs of administrative staff.
(6) Costs of defense counsel for indigent defendants.
(7) Detention costs, including pre-trial and post-trial
detention.
(d) Definitions.--In this section:
(1) The term ``eligible northern border entity'' means--
(A) any of the following States: Alaska, Idaho, Maine,
Michigan, Minnesota, Montana, New Hampshire, New York, North
Dakota, Ohio, Pennsylvania, Vermont, Washington, and
Wisconsin; or
(B) any unit of local government within a State referred to
in subparagraph (A).
(2) The term ``federally initiated'' means, with respect to
a criminal case, that the case results from a criminal
investigation or an arrest involving Federal law enforcement
authorities for a potential violation of Federal criminal
law, including investigations resulting from
multijurisdictional task forces.
(3) The term ``federally declined-referred'' means, with
respect to a criminal case, that a decision has been made in
that case by a United States Attorney or a Federal law
enforcement agency during a Federal investigation to no
longer pursue Federal criminal charges against a defendant
and to refer of the investigation to a State or local
jurisdiction for possible prosecution. The term includes a
decision made on an individualized case-by-case basis as well
as a decision made pursuant to a general policy or practice
or pursuant to prosecutorial discretion.
(4) The term ``case disposition'', for purposes of the
Northern Border Prosecution Initiative, refers to the time
between a suspect's arrest and the resolution of the criminal
charges through a county or State judicial or prosecutorial
process. Disposition does not include incarceration time for
sentenced offenders, or time spent by prosecutors on judicial
appeals.

SEC. 713. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this
section $28,000,000 for fiscal year 2006 and such sums as may
be necessary for fiscal years after fiscal year 2006.

Subtitle C--Criminal Aliens

SEC. 721. REMOVAL OF CRIMINAL ALIENS.

(a) In General.--Within one year after the date of the
enactment of this Act the Department of Homeland Security
shall locate

[[Page H12006]]

and remove all criminal aliens who have been ordered deported
as of such enactment date.
(b) Continuation and Expansion of Institutional Removal
Program.--
(1) In general.--The Attorney General and the Secretary of
Homeland Security shall continue to operate and implement the
Institutional Removal Program, under section 238(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1228(a)(1)), which
identifies removable criminal aliens serving sentences in
Federal and State correctional facilities for crimes set
forth in section 238(a)(1) of such Act , ensures such aliens
are not released into the community, and removes such aliens
from the United States upon completion of their sentences.
The Institutional Removal Program shall be designed in
accordance with section 238(a)(3) of such Act such that
removal proceedings may be initiated and, to the extent
possible, completed before completion of a criminal sentence.
(2) Expansion.--The Institutional Removal Program shall be
made available to all States. The Attorney General and
Secretary of Homeland Security shall increase the personnel
for such program by 750 full-time equivalent personnel for
fiscal years 2007 through 2010.
(3) Training and technical assistance.--The Secretary of
Homeland Security shall provide training and technical
assistance to State and local correctional officers about the
Institutional Removal Program, the roles and responsibilities
of Federal immigration authorities in identifying and
removing criminal aliens pursuant to section 238(a)(3) of the
Immigration and Nationality Act, and methods for
communicating between State and local correctional facilities
and the Federal immigration agents responsible for removals.
(4) Cooperation, identification, and notification .--Any
State that receives federal funds pursuant to section 241(i)
of the Immigration and Nationality Act (8 U.S.C. 1231(i))
shall--
(A) cooperate with Federal Institutional Removal Program
officials in carrying out criminal alien removals pursuant to
section 238(a)(1) of such Act ;
(B) permit Federal agents to expeditiously and
systematically identify such aliens designated under such
section serving criminal sentences in State and local
correctional facilities; and
(C) facilitate the transfer of such aliens to Federal
custody as a condition for receiving such funds.
(5) Technology usage.--Technology, such as
videoconferencing, shall be used to the extent necessary in
order to make the Institutional Removal Program available to
facilities in remote locations. The purpose of such
technology shall be to ensure inmate access to consular
officials, and to permit federal officials to screen inmates
for deportability pursuant to section 238(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1228(a)(1)). Use of
technology should in no way impede or interfere with an
individual's right to access to legal counsel, full and fair
immigration proceedings, and due process.
(6) Report to congress.--The Secretary of Homeland Security
shall submit an annual report to Congress on the
participation of States in the Institutional Removal Program.
The report should also evaluate the extent to which States
and localities submit qualified requests for reimbursement
pursuant to section 241(i) of the Immigration and National
Act, but do not receive compensatory funding for lack of
appropriations.
(7) Authorization of appropriations .--There are authorized
to be appropriated to carry out the institutional removal
program--
(A) $100,000,000 for fiscal year 2007;
(B) $115,000,000 for fiscal year 2008;
(C) $130,000,000 for fiscal year 2000; and
(D) $145,000,000 for fiscal year 2010.

SEC. 722. ASSISTANCE FOR STATES INCARCERATING UNDOCUMENTED
ALIENS CHARGED WITH CERTAIN CRIMES.

(a) In General.--Section 241(i)(3)(A) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(3)(A)) is amended by
inserting ``charged with or'' before ``convicted''.
(b) Authorization of Appropriations; Limitation on Use of
Funds.--Section 241(i) of such Act (8 U.S.C. 1231(i)) is
amended by striking paragraphs (5) and (6) and inserting the
following:
``(5) There are authorized to be appropriated to carry out
this subsection $500,000,000 for fiscal year 2006 and
$1,000,000,000 for each of the succeeding ten fiscal years.
``(6) Amounts appropriated pursuant to paragraph (5) that
are distributed to a State or political subdivision of a
State, including a municipality, may be used only for
correctional purposes.''.

SEC. 723. REIMBURSEMENT OF STATES FOR INDIRECT COSTS RELATING
TO THE INCARCERATION OF ILLEGAL ALIENS.

Section 501 of the Immigration Reform and Control Act of
1986 (8 U.S.C. 1365) is amended--
(1) in subsection (a)--
(A) by striking ``for the costs'' and inserting the
following: ``for--
``(1) the costs''; and
(B) by striking ``such State.'' and inserting the
following: ``such State; and
``(2) the indirect costs related to the imprisonment
described in paragraph (1).''; and
(2) by striking subsections (c) through (e) and inserting
the following:
``(c) Manner of Allotment of Reimbursements.--
Reimbursements under this section shall be allotted in a
manner that gives special consideration for any State that--
``(1) shares a border with Mexico or Canada; or
``(2) includes within the State an area in which a large
number of undocumented aliens reside relative to the general
population of that area.
``(d) Definitions.--As used in this section:
``(1) Indirect costs.--The term `indirect costs' includes--
``(A) court costs, county attorney costs, detention costs,
and criminal proceedings expenditures that do not involve
going to trial;
``(B) indigent defense costs; and
``(C) unsupervised probation costs.
``(2) State.--The term `State' has the meaning given such
term in section 101(a)(36) of the Immigration and Nationality
Act.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated $200,000,000 for each of the
fiscal years 2005 through 2011 to carry out subsection
(a)(2).''.

SEC. 724. ICE STRATEGY AND STAFFING ASSESSMENT.

(a) In General.--Not later than December 31 of each year,
the Secretary of Homeland Security shall submit to the
Government Accountability Office and the appropriate
congressional committees (as defined by section 2 of the
Homeland Security Act of 2002 (6 U.S.C. 101)) a written
report describing its strategy for deploying human resources
(including investigators and support personnel) to accomplish
its border security mission.
(b) Review.--Not later than 90 days after receiving any
report under subsection (a), the Government Accountability
Office shall submit to each appropriate congressional
committee (as defined by section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101)) a written evaluation of such
report, including recommendations pertaining to how U.S.
Immigration and Customs Enforcement could better deploy human
resources to achieve its border security mission through
legislative or administrative action.

SEC. 725. CONGRESSIONAL MANDATE REGARDING PROCESSING OF
CRIMINAL ALIENS WHILE INCARCERATED.

The Secretary of Homeland Security shall work with prisons
in which criminal aliens are incarcerated to complete their
removal or deportation proceeding before such aliens are
released from prison and sent to Federal detention.

SEC. 726. INCREASE IN PROSECUTORS AND IMMIGRATION JUDGES AND
UNITED STATES MARSHALS.

(a) Immigration Judge Increase.--The Executive Office for
Immigration Review in the Department of Justice shall
increase the number of immigration judges by not less than 75
judges for each of fiscal years 2007 through 2010.
(b) US Attorney Office Increase.--The Department of Justice
shall dedicate an additional 100 attorney positions at
offices of the United States Attorney in the States of
Arizona, New Mexico, and Texas for the enforcement of
immigration law and create a supervisory staff position to
coordinate the enforcement activities in each of fiscal years
2007 through 2010.
(c) US Marshall Increase.--The Department of Justice shall
provide for an increase of 250 United States Marshals to
provide support for border patrol agents in each of fiscal
years 2007 through 2010.

Subtitle D--Operation Predator

SEC. 731. DIRECT FUNDING FOR OPERATION PREDATOR.

(a) In General.--The Operation Predator initiative of the
Bureau of Immigration and Customs Enforcement (ICE) of the
Department of Homeland Security is responsible for
identifying child predators and removing them from the United
States if they are subject to deportation.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out the Operation Predator
initiative such funds as may be necessary for fiscal year
2006 through fiscal year 2010.

TITLE VIII--FULFILLING FUNDING COMMITMENTS MADE IN THE INTELLIGENCE
REFORM AND TERRORISM PREVENTION ACT OF 2004

Subtitle A--Additional Authorizations of Appropriations

SEC. 801. AVIATION SECURITY RESEARCH AND DEVELOPMENT.

In addition to such other sums as are authorized under law,
to carry out section 4011(b) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (118 Stat. 3714), there is
authorized to be appropriated to the Secretary of Homeland
Security for the use of the Transportation Security
Administration $20,000,000 for fiscal year 2007 for research
and development of advanced biometric technology applications
to aviation security, including mass identification
technology.

SEC. 802. BIOMETRIC CENTER OF EXCELLENCE.

In addition to such other sums as are authorized under law,
to carry out section 4011(d) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (118 Stat. 3714), there is
authorized to be appropriated $1,000,000 for fiscal year 2007
for the establishment of a competitive center of excellence
that will develop and expedite the Federal Government's use
of biometric identifiers.

SEC. 803. PORTAL DETECTION SYSTEMS.

In addition to such other sums as are authorized under law,
to carry out section 44925 of title 49, United States Code,
there is authorized to be appropriated to the Secretary

[[Page H12007]]

of Homeland Security for the use of the Transportation
Security Administration $250,000,000 for fiscal year 2007 for
research, development, and installation of detection systems
and other devices for the detection of biological, chemical,
radiological, and explosive materials.

SEC. 804. IN-LINE CHECKED BAGGAGE SCREENING.

In addition to such other sums as are authorized under law,
to carry out section 4019 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (49 U.S.C. 44901 note; 118
Stat. 3721), there is authorized to be appropriated for
fiscal year 2007 $400,000,000 to carry out the in-line
checked baggage screening system installations required by
section 44901 of title 49, United States Code.

SEC. 805. CHECKED BAGGAGE SCREENING AREA MONITORING.

In addition to such other sums as are authorized under law,
to carry out section 4020 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (49 U.S.C. 44901 note; 118
Stat. 3722), there is authorized to be appropriated to the
Secretary of Homeland Security for the use of the Under
Secretary for Border and Transportation Security such sums as
may be necessary for fiscal year 2007 to provide assistance
to airports at which screening is required by section 44901
of title 49, United States Code, and that have checked
baggage screening areas that are not open to public view, in
the acquisition and installation of security monitoring
cameras for surveillance of such areas in order to deter
theft from checked baggage and to aid in the speedy
resolution of liability claims against the Transportation
Security Administration.

SEC. 806. IMPROVED EXPLOSIVE DETECTION SYSTEMS.

In addition to such other sums as are authorized under law,
to carry out section 4024 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (49 U.S.C. 44913 note; 118
Stat. 3724), there is authorized to be appropriated to the
Secretary of Homeland Security for the use of the
Transportation Security Administration $100,000,000 for
fiscal year 2007 for the purpose of research and development
of improved explosive detection systems for aviation security
under section 44913 of title 49, United States Code.

SEC. 807. MAN-PORTABLE AIR DEFENSE SYSTEMS (MANPADS).

In addition to such other sums as are authorized under law,
to carry out section 4026 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (22 U.S.C. 2751 note; 118
Stat. 3724), there is authorized to be appropriated such sums
as may be necessary for fiscal year 2007.

SEC. 808. PILOT PROGRAM TO EVALUATE USE OF BLAST RESISTANT
CARGO AND BAGGAGE CONTAINERS.

In addition to such other sums as are authorized under law,
to carry out subsections (a) and (b) of section 4051 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (49
U.S.C. 44901 note; 118 Stat. 3728), there is authorized to be
appropriated $2,000,000 for fiscal year 2007. Such sums shall
remain available until expended.

SEC. 809. AIR CARGO SECURITY.

In addition to such other sums as are authorized under law,
to carry out section 4052(a) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (49 U.S.C. 44901 note; 118
Stat. 3728), there is authorized to be appropriated to the
Secretary $100,000,000 for fiscal year 2007 for research and
development related to enhanced air cargo security
technology, as well as for deployment and installation of
enhanced air cargo security technology. Such sums shall
remain available until expended.

SEC. 810. FEDERAL AIR MARSHALS.

In addition to such other sums as are authorized under law,
to carry out section 4016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (49 U.S.C. 44917 note; 118
Stat. 3720), there is authorized to be appropriated to the
Secretary of Homeland Security for the use of the Bureau of
Immigration and Customs Enforcement $83,000,000 for fiscal
year 2007 for the deployment of Federal air marshals under
section 44917 of title 49, United States Code. Such sums
shall remain available until expended.

SEC. 811. BORDER SECURITY TECHNOLOGIES FOR USE BETWEEN PORTS
OF ENTRY.

In addition to such other sums as are authorized under law,
to carry out subtitle A of title V of the Intelligence Reform
and Terrorism Prevention Act (118 Stat. 3732), there is
authorized to be appropriated $25,000,000 for fiscal year
2007 for the formulation of a research and development
program to test various advanced technologies to improve
border security between ports of entry as established in
sections 5101, 5102, 5103, and 5104 of the Intelligence
Reform and Terrorism Prevention Act of 2004.

SEC. 812. IMMIGRATION SECURITY INITIATIVE.

In addition to such other sums as are authorized under law,
to carry out section 7206 of the Intelligence Reform and
Terrorism Prevention Act (118 Stat. 3817), there are
authorized to be appropriated to the Secretary of Homeland
Security to carry out the amendments made by subsection (a)
$40,000,000 for fiscal year 2007.

Subtitle B--National Commission on Preventing Terrorist Attacks Upon
the United States

SEC. 821. ESTABLISHMENT OF COMMISSION.

There is established in the legislative branch the National
Commission on Preventing Terrorist Attacks Upon the United
States (in this subtitle referred to as the ``Commission'').

SEC. 822. PURPOSES.

The purposes of the Commission are to examine and report on
the changes taken since the terrorist attacks of September
11, 2001 to structure, coordination, management policies, and
procedures of the Federal Government, and, if appropriate,
State and local governments and nongovernmental entities,
relative to detecting, preventing, and responding to future
terrorist attacks on the United States.

SEC. 823. COMPOSITION OF COMMISSION.

(a) Members.--The Commission shall be composed of 10
members, of whom--
(1) 1 member shall be appointed by the President, who shall
serve as chairman of the Commission;
(2) 1 member shall be appointed by the leader of the Senate
(majority or minority leader, as the case may be) of the
Democratic Party, in consultation with the leader of the
House of Representatives (majority or minority leader, as the
case may be) of the Democratic Party, who shall serve as vice
chairman of the Commission;
(3) 2 members shall be appointed by the senior member of
the Senate leadership of the Democratic Party;
(4) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Republican Party;
(5) 2 members shall be appointed by the senior member of
the Senate leadership of the Republican Party; and
(6) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Democratic Party.
(b) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the
Federal Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in such professions as
governmental service, law enforcement, the armed services,
law, public administration, intelligence gathering, commerce
(including aviation matters), and foreign affairs.
(4) Deadline for appointment.--All members of the
Commission shall be appointed on or before January 30, 2006.
(5) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(c) Quorum; Vacancies.--After its initial meeting, the
Commission shall meet upon the call of the chairman or a
majority of its members. Six members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(d) Sense of Congress Regarding Appointments.--It is the
Sense of Congress that each individual responsible for
appointing a member of the Commission should select one of
the individuals who previously served as a member of the
National Commission on Terrorist Attacks Upon the United
States authorized by Public Law 107-306.

SEC. 824. POWERS OF COMMISSION.

(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this subtitle--
(A) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence,
administer such oaths; and
(B) subject to paragraph (2)(A), require, by subpoena or
otherwise, the attendance and testimony of such witnesses and
the production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission or such
designated subcommittee or designated member may determine
advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued under this
subsection only--

(I) by the agreement of the chairman and the vice chairman;
or
(II) by the affirmative vote of 6 members of the
Commission.

(ii) Signature.--Subject to clause (i), subpoenas issued
under this subsection may be issued under the signature of
the chairman or any member designated by a majority of the
Commission, and may be served by any person designated by the
chairman or by a member designated by a majority of the
Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy or failure to
obey a subpoena issued under subsection (a) the United States
district court for the judicial district in which the
subpoenaed person resides, is served, or may be found, or
where the subpoena is returnable, may issue an order
requiring such person to appear at any designated place to
testify or to produce documentary or other evidence. Any
failure to obey the order of the court may be punished by the
court as a contempt of that court.
(ii) Additional enforcement.--In the case of any failure of
any witness to comply with

[[Page H12008]]

any subpoena or to testify when summoned under authority of
this section, the Commission may, by majority vote, certify a
statement of fact constituting such failure to the
appropriate United States attorney, who may bring the matter
before the grand jury for its action, under the same
statutory authority and procedures as if the United States
attorney had received a certification under sections 102
through 104 of the Revised Statutes of the United States (2
U.S.C. 192 through 194).
(b) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter
into contracts to enable the Commission to discharge its
duties under this subtitle.
(c) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency,
board, commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of this subtitle.
Each department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the chairman
of any subcommittee created by a majority of the Commission,
or any member designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(f) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
(g) In General.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(h) Public Meetings and Release of Public Versions of
Reports.--The Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
section 610(a) and (b).
(i) Public Hearings.--Any public hearings of the Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the
Commission as required by any applicable statute, regulation,
or Executive order.

SEC. 825. COMPENSATION AND TRAVEL EXPENSES.

(a) Compensation.--Each member of the Commission may be
compensated at not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, for each day during which that member is
engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.

SEC. 826. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND
STAFF.

The appropriate Federal agencies or departments shall
cooperate with the Commission in expeditiously providing to
the Commission members and staff appropriate security
clearances to the extent possible pursuant to existing
procedures and requirements, except that no person shall be
provided with access to classified information under this
subtitle without the appropriate security clearances.

SEC. 827. REPORTS OF COMMISSION.

Not later than December 31 of each year after the year of
enactment of this Act, the Commission shall make a report to
Congress containing such findings, conclusions, and
recommendations for corrective measures as have been agreed
to by a majority of Commission members.

SEC. 828. FUNDING.

To fulfill the purposes of this subtitle, $10,000,000 is
authorized for each fiscal year.

TITLE IX--FAIRNESS FOR AMERICA'S HEROS

SEC. 901. SHORT TITLE.

This title may be cited as the ``Fairness for America's
Heros Act''.

SEC. 902. NATURALIZATION THROUGH COMBAT ZONE SERVICE IN ARMED
FORCES.

Section 329 of the Immigration and Nationality Act (8
U.S.C. 1440) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c)(1) Any person eligible under paragraph (3) who, while
an alien or a noncitizen national of the United States,
performs active duty in the Armed Forces of the United States
in a combat zone (as defined in section 112(c) of the
Internal Revenue Code of 1986 (26 U.S.C. 112(c))) shall be
admitted to citizenship upon the completion of six months of
such service or discharge or redeployment resulting from a
physical or psychological disability or injury, or posthumous
citizenship in the case of death..
``(2) The executive department issuing the order for the
service described in paragraph (1) shall, at the time of such
issuance, inform the person of the benefits available under
this subsection and of the procedure established by such
department for satisfying the requirement of paragraph (3).
``(3) In order to be eligible for naturalization under this
subsection, a person shall inform the executive department
issuing the order for the service described in paragraph (1)
that the person desires to be admitted to citizenship in
accordance with this subsection upon the completion of six
months of such service or discharge or redeployment resulting
from a physical or psychological disability or injury, or
posthumous citizenship in the case of death.
``(4) The appropriate executive department shall notify the
Secretary of Homeland Security when a person has been
naturalized in accordance with this subsection and of the
effective date of such naturalization. The Secretary of
Homeland Security, not later than 30 days after receipt of
such notification, shall issue to the person a certificate of
naturalization reflecting such date and any other information
the Secretary determines to be appropriate.''.

SEC. 903. IMMIGRATION BENEFITS FOR SURVIVORS OF PERSONS
GRANTED POSTHUMOUS CITIZENSHIP THROUGH DEATH
WHILE ON ACTIVE-DUTY SERVICE.

Section 329A(e) of the Immigration and Nationality Act (8
U.S.C. 1440-1(e)) is amended to read as follows:
``(e) Benefits for Survivors.--
``(1) In general.--Subject to this subsection, any
immigration benefit available under Federal law to a spouse,
child, or parent of a citizen of the United States shall be
available to a spouse, child, or parent of a person granted
posthumous citizenship under this section as if the person's
death had not occurred.
``(2) Spouse.--For purposes of this Act, a person shall be
considered a spouse of a person granted posthumous
citizenship under this section if the person was not legally
separated from the citizen at the time of the citizen's
death.
``(3) Children.--For purposes of this Act, a person shall
be considered a child of a person granted posthumous
citizenship under this section if the person would have been
considered a child (as defined in section 101(b)(1)) at the
time of the citizen's death.
``(4) Parents.--For purposes of section 201(b)(2)(A)(i),
the requirement that the citizen be at least 21 years of age
shall not apply in the case of a parent of a person granted
posthumous citizenship under this section.
``(5) Self-petitions.--For purposes of petitions and
applications for immigration benefits required to be filed
under this Act on behalf of a spouse, child, or parent by a
citizen of the United States, the spouse, child, or parent
shall be permitted to self-petition for such benefits as if
filed by the person granted posthumous citizenship under this
section. Any requirement under this Act for an affidavit of
support pursuant to such a petition or application shall be
waived.
``(6) No benefits for other relatives.--Nothing in this
section or section 319(d) shall be construed as providing for
any benefit under this Act for any relative of a person
granted posthumous citizenship under this section who is not
treated as a spouse, child, or parent under this
subsection.''.

SEC. 904. EFFECTIVE DATE.

The amendments made by this title shall take effect as if
enacted on September 11, 2001.

TITLE X--NORTHERN MARIANA ISLANDS COVENANT IMPLEMENTATION ACT

SEC. 1001. SHORT TITLE AND PURPOSE.

(a) Short Title.--This title may be cited as the ``Northern
Mariana Islands Covenant Implementation Act''.
(b) Statement of Purpose.--In recognition of the need to
ensure uniform adherence to long-standing fundamental
immigration policies of the United States, it is the intent
of Congress in enacting this legislation--
(1) to ensure effective immigration control by extending
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
in full to the Commonwealth of the Northern Mariana Islands,
with special provisions to allow for--
(A) the orderly phasing-out of the nonresident contract
worker program of the Commonwealth of the Northern Mariana
Islands; and
(B) the orderly phasing-in of Federal responsibilities over
immigration in the Commonwealth of the Northern Mariana
Islands; and
(2) to minimize, to the maximum extent practicable,
potential adverse effects the orderly phase-out might have on
the economy

[[Page H12009]]

of the Commonwealth of the Northern Mariana Islands by--
(A) encouraging diversification and growth of the economy
of the Commonwealth of the Northern Mariana Islands,
consistent with fundamental values underlying Federal
immigration policy;
(B) recognizing local self-government, as provided for in
the ``Covenant to Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States of
America'' through consultation with the Governor and other
elected officials of the Government of the Commonwealth of
the Northern Mariana Islands by Federal agencies and by
considering the views and recommendations of those officials
in the implementation and enforcement of Federal law by
Federal agencies;
(C) assisting the Commonwealth of the Northern Mariana
Islands to achieve a progressively higher standard of living
for its citizens through the provision of technical and other
assistance;
(D) providing opportunities for persons authorized to work
in the United States, including lawfully admissible freely
associated state citizen labor; and
(E) ensuring the ability of the locally elected officials
of the Commonwealth of the Northern Mariana Islands to make
fundamental policy decisions regarding the direction and pace
of the economic development and growth of the Commonwealth of
the Northern Mariana Islands, consistent with the fundamental
national values underlying Federal immigration policy.

SEC. 1002. IMMIGRATION REFORM FOR THE COMMONWEALTH OF THE
NORTHERN MARIANA ISLANDS.

(a) Amendments to Joint Resolution Approving the Covenant
to Establish a Commonwealth of the Northern Mariana Islands
in Political Union With the United States of America.--Public
Law 94-241 (48 U.S.C. 1801 note; 90 Stat. 263) is amended by
adding at the end the following:

``SEC. 6. IMMIGRATION AND TRANSITION.

``(a) Application of the Immigration and Nationality Act
and Establishment of a Transition Program.--
``(1) In general.--Subject to paragraph (2), effective on
the first day of the first full month beginning 1 year after
the date of enactment of the Northern Mariana Islands
Covenant Implementation Act (referred to in this section as
the `transition program effective date'), the provisions of
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
shall apply to the Commonwealth of the Northern Mariana
Islands.
``(2) Transition period.--
``(A) In general.--There shall be a transition period
ending December 31, 2014 (except for subsection (d)(3)(D)),
following the transition program effective date, during which
the Secretary of Homeland Security, in consultation with the
Secretary of State, the Secretary of Labor, and the Secretary
of the Interior, shall establish, administer, and enforce a
transition program for immigration to the Commonwealth of the
Northern Mariana Islands provided in subsections (b), (c),
(d), (e), (f), and (i) (referred to in this section as the
`transition program').
``(B) Implementation.--The transition program shall be
implemented pursuant to regulations to be promulgated, as
appropriate, by each agency having responsibilities under the
transition program.
``(b) Exemption From Numerical Limitations for H-2b
Temporary Workers.--An alien, if otherwise qualified, may
seek admission to the Commonwealth of the Northern Mariana
Islands as a temporary worker under section
101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(B)) without counting against the
numerical limitations established in section 214(g) of that
Act (8 U.S.C. 1184(g)).
``(c) Temporary Alien Workers.--With respect to temporary
alien workers who would otherwise not be eligible for
nonimmigrant classification under the Immigration and
Nationality Act, the transition program shall conform to the
following requirements:
``(1) Treated as nonimmigrants.--Aliens admitted under this
subsection shall be treated as nonimmigrants under
subparagraph (A), (C), (D), (G), (J), (K), or (S) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)), including the ability to apply, if otherwise
eligible, for a change of nonimmigrant classification under
section 248 of that Act (8 U.S.C. 1258), or adjustment of
status, if eligible, under this section and section 245 of
that Act (8 U.S.C. 1255).
``(2) Permit system.--
``(A) In general.--The Secretary of Labor shall establish,
administer, and enforce a system for allocating and
determining the number, terms, and conditions of permits to
be issued to prospective employers for each temporary alien
worker who would not otherwise be eligible for admission
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
``(B) Reduction in allocation of permits.--The permit
system shall--
``(i) provide for a reduction in the allocation of permits
for workers described in subparagraph (A) on an annual basis,
to zero, over a period not to extend beyond December 31,
2014; and
``(ii) take into account the number of petitions granted
under subsection (i).
``(C) Validity of permit.--A permit shall not be valid
beyond the expiration of the transition period.
``(D) Basis of permit system.--The permit system may be
based on any reasonable method and criteria determined by the
Secretary of Labor to promote the maximum use of, and to
prevent adverse effects on wages and working conditions of,
persons authorized to work in the United States, including
lawfully admissible freely associated state citizen labor,
taking into consideration the objective of providing as
smooth a transition as possible to the full application of
Federal law.
``(E) User fees.--
``(i) In general.--The Secretary of Labor may establish and
collect appropriate user fees for the purposes of this
section.
``(ii) Disposition of amounts collected.--Amounts collected
pursuant to this section shall--

``(I) be deposited in a special fund of the Treasury;
``(II) be available, to the extent and in the amounts
provided in advance in appropriations Acts, for the purposes
of administering this section; and
``(III) remain available until expended.

``(3) Visas for nonimmigrant temporary alien workers.--
``(A) In general.--Subject to subparagraph (B)--
``(i) the Secretary of Homeland Security shall set the
conditions for admission of nonimmigrant temporary alien
workers under the transition program; and
``(ii) the Secretary of State shall authorize the issuance
of nonimmigrant visas for aliens to engage in employment only
as authorized in this subsection.
``(B) Limitation.--Visas described in subparagraph (A)
shall not be valid for admission to the United States (as
defined in section 101(a)(38) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(38))), except the
Commonwealth of the Northern Mariana Islands.
``(C) Employment.--An alien admitted to the Commonwealth of
the Northern Mariana Islands on the basis of such a
nonimmigrant visa may engage in employment only as authorized
pursuant to the transition program.
``(D) Prohibition.--No alien shall be granted nonimmigrant
classification or a visa under this subsection unless the
permit requirements established under paragraph (2) have been
met.
``(4) Transfer between employers.--An alien admitted as a
nonimmigrant pursuant to this subsection shall be permitted
to transfer between employers in the Commonwealth of the
Northern Mariana Islands during the period of the authorized
stay of the alien in the Commonwealth, without advance
permission of the current or prior employer of the employee,
to the extent that the transfer is authorized by the
Secretary of Homeland Security in accordance with criteria
established by the Secretary and the Secretary of Labor.
``(d) Immigrants.--
``(1) In general.--With the exception of immediate
relatives (as defined in section 201(b)(2) of the Immigration
and Nationality Act (8 U.S.C. 1151(b)(2)) and persons granted
an immigrant visa under paragraph (2) or (3), aliens shall
not be granted initial admission as lawful permanent
residents of the United States at a port-of-entry in the
Commonwealth of the Northern Mariana Islands or a port-of-
entry in Guam for the purpose of immigrating to the
Commonwealth of the Northern Mariana Islands.
``(2) Family-sponsored immigrant visas.--For any fiscal
year during which the transition program will be in effect,
the Secretary of Homeland Security, after consultation with
the Governor and the leadership of the Legislature of the
Commonwealth of the Northern Mariana Islands, and in
consultation with appropriate Federal agencies, may establish
a specific number of additional initial admissions as a
family-sponsored immigrant at a port-of-entry in the
Commonwealth of the Northern Mariana Islands, or at a port-
of-entry in Guam for the purpose of immigrating to the
Commonwealth of the Northern Mariana Islands, as authorized
by sections 202 and 203(a) of the Immigration and Nationality
Act (8 U.S.C. 1152 and 1153(a)).
``(3) Employment-based immigrant visas.--
``(A) Exceptional circumstances.--
``(i) In general.--If the Secretary of Homeland Security,
after consultation with the Secretary of Labor and the
Governor and the leadership of the Legislature of the
Commonwealth of the Northern Mariana Islands, finds that
exceptional circumstances exist with respect to the inability
of employers in the Commonwealth of the Northern Mariana
Islands to obtain sufficient work-authorized labor, the
Secretary of Homeland Security may establish a specific
number of employment-based immigrant visas that will not
count against the numerical limitations under section 203(b)
of the Immigration and Nationality Act (8 U.S.C. 1153(b)).
``(ii) Labor certification requirements.--The labor
certification requirements of section 212(a)(5) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) shall
not apply to an alien seeking immigration benefits under this
paragraph.
``(B) Admission as lawful permanent residents.--
``(i) In general.--Persons granted employment-based
immigrant visas under the transition program may be admitted
initially at a port-of-entry in the Commonwealth of the
Northern Mariana Islands, or at a port-of-

[[Page H12010]]

entry in Guam for the purpose of immigrating to the
Commonwealth of the Northern Mariana Islands, as lawful
permanent residents of the United States.
``(ii) Adjustment of status.--Persons who would otherwise
be eligible for lawful permanent residence under the
transition program, and who would otherwise be eligible for
an adjustment of status, may have their status adjusted
within the Commonwealth of the Northern Mariana Islands to
that of an alien lawfully admitted for permanent residence.
``(C) No preclusion on other applications.--Nothing in this
paragraph precludes an alien who has obtained lawful
permanent resident status pursuant to this paragraph from
applying, if otherwise eligible, under this section and under
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
for an immigrant visa or admission as a lawful permanent
resident under that Act.
``(D) Special provision to ensure adequate employment in
the tourism industry after the transition period ends.--
``(i) In general.--During 2013, and in 2019 if a 5-year
extension is granted, the Secretary of Homeland Security and
the Secretary of Labor shall consult with the Governor of the
Commonwealth of the Northern Mariana Islands and tourism
businesses in the Commonwealth of the Northern Mariana
Islands to determine--

``(I) the current and future labor needs of the tourism
industry in the Commonwealth of the Northern Mariana Islands;
and
``(II) whether a 5-year extension of the provisions of this
paragraph is necessary to ensure an adequate number of
workers for legitimate businesses in the tourism industry.

``(ii) Legitimate business.--

``(I) In general.--For the purpose of this paragraph, a
business shall not be considered legitimate if the business
engages directly or indirectly in prostitution or any
activity that is illegal under Federal or local law.
``(II) Determination.--The determination of whether a
business is legitimate and whether the business is
sufficiently related to the tourism industry shall be made by
the Secretary of Homeland Security and shall not be
reviewable.

``(iii) Notice of extension.--If the Secretary of Homeland
Security, after consultation with the Secretary of Labor,
determines that an extension of this paragraph is necessary
to ensure an adequate number of workers for legitimate
businesses in the tourism industry, the Secretary of Homeland
Security shall provide notice by publication in the Federal
Register that the provisions of this paragraph will be
extended for a 5-year period with respect to the tourism
industry only.
``(iv) Further extension.--The Secretary of Homeland
Security may authorize 1 further extension of this paragraph
with respect to the tourism industry in the Commonwealth of
the Northern Mariana Islands if, after the Secretary of
Homeland Security consults with the Secretary of Labor, the
Governor of the Commonwealth of the Northern Mariana Islands,
and local tourism businesses, the Secretary of Homeland
Security determines that a further extension is required to
ensure an adequate number of workers for legitimate
businesses in the tourism industry in the Commonwealth of the
Northern Mariana Islands.
``(v) Extension for certain legitimate businesses.--The
Secretary of Homeland Security, after consultation with the
Governor of the Commonwealth of the Northern Mariana Islands,
the Secretary of Labor and the Secretary of Commerce, may
extend the provisions of this paragraph to legitimate
businesses in industries outside the tourism industry for a
single 5-year period if the Secretary of Homeland Security
determines that--

``(I) the extension is necessary to ensure an adequate
number of workers in that industry; and
``(II) the industry is important to growth or
diversification of the local economy.

``(vi) Considerations.--In making a determination for the
tourism industry or for industries outside the tourism
industry, the Secretary of Homeland Security shall take into
consideration the extent to which a training and recruitment
program has been implemented to hire persons authorized to
work in the United States, including lawfully admissible
freely associated state citizen labor to work in the
industry.
``(vii) Prohibition on additional extensions.--No
additional extension beyond the initial 5-year period may be
granted for any industry outside the tourism industry or for
the tourism industry beyond a second extension.
``(viii) Report.--If an extension is granted, the Secretary
of Homeland Security shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives a report
describing--

``(I) the reasons for the extension; and
``(II) whether the Secretary believes authority for
additional extensions should be enacted.

``(e) Nonimmigrant Investor Visas.--
``(1) In general.--Notwithstanding the treaty requirements
in section 101(a)(15)(E) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(E)), the Secretary of Homeland
Security may, upon the application of the alien, classify an
alien as a nonimmigrant under section 101(a)(15)(E)(ii) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(E)(ii)) if the alien--
``(A) has been admitted to the Commonwealth of the Northern
Mariana Islands in long-term investor status under the
immigration laws of the Commonwealth of the Northern Mariana
Islands before the transition program effective date;
``(B) has continuously maintained residence in the
Commonwealth of the Northern Mariana Islands under long-term
investor status;
``(C) is otherwise admissible; and
``(D) maintains the investment or investments that formed
the basis for such long-term investor status.
``(2) Regulations.--Not later than 180 days after the
transition program effective date, the Secretary of Homeland
Security and the Secretary of State shall jointly publish
regulations in the Federal Register to implement this
subsection.
``(3) Interim treatment of aliens.--The Secretary of
Homeland Security shall treat an alien who meets the
requirements of paragraph (1) as a nonimmigrant under section
101(a)(15)(E)(ii) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(E)(ii)) until the regulations implementing
this subsection are published.
``(f) Persons Lawfully Admitted Under the Commonwealth of
the Northern Mariana Islands Immigration Law.--
``(1) Removal.--No alien who is lawfully present in the
Commonwealth of the Northern Mariana Islands pursuant to the
immigration laws of the Commonwealth of the Northern Mariana
Islands on the transition program effective date shall be
removed from the United States on the ground that the
presence of the alien in the Commonwealth of the Northern
Mariana Islands is in violation of section 212(a)(6)(A) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A)),
until the earlier of--
``(A) the completion of the period of the admission of the
alien under the immigration laws of the Commonwealth of the
Northern Mariana Islands; or
``(B) the second anniversary of the transition program
effective date.
``(2) Employment authorization.--Any alien who is lawfully
present and authorized to be employed in the Commonwealth of
the Northern Mariana Islands pursuant to the immigration laws
of the Commonwealth of the Northern Mariana Islands on the
transition program effective date shall be considered
authorized by the Secretary of Homeland Security to be
employed in the Commonwealth of the Northern Mariana Islands
until the earlier of--
``(A) the expiration of the employment authorization of the
alien under the immigration laws of the Commonwealth of the
Northern Mariana Islands; or
``(B) the second anniversary of the transition program
effective date.
``(3) No limitation.--Nothing in this subsection prevents
or limits the removal under section 212(a)(6)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A)) of
an alien described in paragraph (1) or (2) at any time, if--
``(A) the alien entered the Commonwealth of the Northern
Mariana Islands after the date of enactment of the Northern
Mariana Islands Covenant Implementation Act; and
``(B) the Secretary of Homeland Security has determined
that the Government of the Commonwealth of the Northern
Mariana Islands violated section 2(f) of that Act.
``(g) Effect on Other Laws.--The provisions of this section
and the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.), as amended by the Northern Mariana Islands Covenant
Implementation Act, shall, on the transition program
effective date, supersede and replace all laws, provisions,
or programs of the Commonwealth of the Northern Mariana
Islands relating to the admission of aliens and the removal
of aliens from the Commonwealth of the Northern Mariana
Islands.
``(h) Accrual of Time for Purposes of Section 212(a)(9)(B)
of the Immigration and Nationality Act.--No time that an
alien is present in violation of the immigration laws of the
Commonwealth of the Northern Mariana Islands shall, by reason
of the violation be counted for purposes of the ground of
inadmissibility under section 212(a)(9)(B) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(9)(B)).
``(i) 1-Time Grandfather Provision for Certain Long-Term
Employees.--
``(1) In general.--An alien may be granted an immigrant
visa, or have the status of the alien adjusted in the
Commonwealth of the Northern Mariana Islands to that of an
alien lawfully admitted for permanent residence, without
counting against the numerical limitations set forth in
sections 202 and 203(b) of the Immigration and Nationality
Act (8 U.S.C. 1152, 1153(b)), and subject to the limiting
terms and conditions of an alien's permanent residence set
forth in paragraphs (B) and (C) of subsection (d)(3), if--
``(A) the alien is employed directly by an employer in a
business that the Secretary of Homeland Security has
determined is legitimate;
``(B) not later than 180 days after the transition program
effective date, the employer has filed a petition for
classification of the alien as an employment-based immigrant
with the Secretary of Homeland Security pursuant to section
204 of the Immigration and Nationality Act (8 U.S.C. 1154);
``(C) the alien has been lawfully present in the
Commonwealth of the Northern Mariana Islands and is
authorized to be employed in the Commonwealth of the Northern
Mariana Islands for the 4-year period immediately preceding
the filing of the petition;

[[Page H12011]]

``(D) the alien has been employed continuously in that
business by the petitioning employer for the 4-year period
immediately preceding the filing of the petition;
``(E) the alien continues to be employed in that business
by the petitioning employer as of the date on which--
``(i) the immigrant visa is granted; or
``(ii) the status of the alien is adjusted to permanent
resident;
``(F) the business of the petitioner has a reasonable
expectation of generating sufficient revenue to continue to
employ the alien in that business for the succeeding 4 years;
and
``(G) the alien is otherwise eligible for admission to the
United States under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.).
``(2) Labor certification requirements.--The labor
certification requirements of section 212(a)(5) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) shall
not apply to an alien seeking immigration benefits under this
subsection.
``(3) Nonimmigrant status.--The fact that an alien is the
beneficiary of an application for a preference status that
was filed with the Secretary of Homeland Security under
section 204 of the Immigration and Nationality Act (8 U.S.C.
1154) for the purpose of obtaining benefits under this
subsection, or has otherwise sought permanent residence
pursuant to this subsection, shall not render the alien
ineligible to obtain or maintain the status of a nonimmigrant
under this Joint Resolution or the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), if the alien is
otherwise eligible for that nonimmigrant status.
``(j) Statutory Construction.--Nothing in this section may
be construed to count the issuance of any visa to an alien,
or the grant of any admission of an alien, under this section
toward any numerical limitation contained in the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.).''.
(b) Conforming Amendments.--
(1) Definitions.--Section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)) is amended--
(A) in paragraph (36), by striking ``and the Virgin Islands
of the United States.'' and inserting ``the Virgin Islands of
the United States, and the Commonwealth of the Northern
Mariana Islands.''; and
(B) in paragraph (38), by striking ``and the Virgin Islands
of the United States.'' and inserting ``the Virgin Islands of
the United States, and the Commonwealth of the Northern
Mariana Islands.''.
(2) Inadmissible aliens.--Section 212(l) of the Immigration
and Nationality Act (8 U.S.C. 1182(l)) is amended--
(A) in paragraph (1)--
(i) by striking ``stay on Guam'', and inserting ``stay on
Guam or the Commonwealth of the Northern Mariana Islands'';
(ii) by inserting ``a total of '' after ``exceed'';
(iii) by striking ``after consultation with the Governor of
Guam,'' and inserting ``after respective consultation with
the Governor of Guam or the Governor of the Commonwealth of
the Northern Mariana Islands,''; and
(iv) in subparagraph (A), by striking ``on Guam'', and
inserting ``on Guam or the Commonwealth of the Northern
Mariana Islands, respectively,'';
(B) in paragraph (2)(A), by striking ``into Guam'', and
inserting ``into Guam or the Commonwealth of the Northern
Mariana Islands, respectively,''; and
(C) in paragraph (3), by striking ``Government of Guam''
and inserting ``Government of Guam or the Government of the
Commonwealth of the Northern Mariana Islands''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the first day of the first full month
beginning 1 year after the date of enactment of this Act.
(c) Technical Assistance Program.--
(1) In general.--The Secretary of the Interior and the
Secretary of Labor, in consultation with the Governor of the
Commonwealth of the Northern Mariana Islands, shall develop a
program of technical assistance, including recruitment and
training, to aid employers in the Commonwealth of the
Northern Mariana Islands in securing employees from among
United States authorized labor, including lawfully admissible
freely associated state citizen labor.
(2) Funding.--For each of the first 5 fiscal years
beginning after the date of enactment of this Act, $500,000
shall be made available from funds appropriated to the
Secretary of the Interior pursuant to Public Law 104-134 for
the Federal-CNMI Immigration, Labor and Law Enforcement
Initiative, of which--
(A) $200,000 shall be available to reimburse the Secretary
of Commerce for providing additional technical assistance and
other support to the Commonwealth of the Northern Mariana
Islands to identify opportunities for and encourage
diversification and growth of the Commonwealth economy; and
(B) $300,000 shall be available to reimburse the Secretary
of Labor for providing additional technical and other support
to the Commonwealth of the Northern Mariana Islands to train
and actively recruit and hire persons authorized to work in
the United States, including lawfully admissible freely
associated state citizen labor, to fill employment vacancies
in the Commonwealth of the Northern Mariana Islands.
(3) Economic growth and diversification.--
(A) In general.--The Secretary of Commerce shall--
(i) consult with the Government of the Commonwealth of the
Northern Mariana Islands, local businesses, the Secretary of
the Interior, regional banks, and other experts in the local
economy; and
(ii) assist in the development and implementation of a
process to identify opportunities for and encourage
diversification and growth of the Commonwealth economy.
(B) Non-federal matching contribution.--All expenditures
under paragraph (2)(A), other than expenditures for Federal
personnel, shall require a non-Federal matching contribution
of 50 percent.
(C) Report.--Not later than March 1 of each year, the
Secretary of Commerce shall provide a report on activities
under this paragraph to the Committee on Energy and Natural
Resources and the Committee on Appropriations of the Senate
and the Committee on Resources and the Committee on
Appropriations of the House of Representatives.
(D) Supplemental funds.--The Secretary of Commerce--
(i) may supplement the funds provided under this section
with other funds and resources available to the Secretary;
and
(ii) shall carry out such other activities, pursuant to
existing authorities of the Department, as the Secretary
decides will encourage diversification and growth of the
Commonwealth economy.
(E) Additional workers.--If the Secretary of Commerce
concludes that additional workers may be needed to achieve
diversification and growth of the Commonwealth economy, the
Secretary shall promptly notify the Secretary of Homeland
Security, the Secretary of Labor, the Committee on Energy and
Natural Resources of the Senate, and the Committee on
Resources of the House of Representatives of the conclusion
of the Secretary with an explanation of--
(i) how many workers may be needed;
(ii) over what period of time the workers will be needed;
and
(iii) what efforts are being carried out to train and
actively recruit and hire persons authorized to work in the
United States, including lawfully admissible freely
associated state citizen labor to work in such businesses.
(4) Recruitment.--
(A) In general.--The Secretary of Labor shall--
(i) consult with the Governor of the Commonwealth of the
Northern Mariana Islands, local businesses, the College of
the Northern Marianas, the Secretary of the Interior, and the
Secretary of Commerce; and
(ii) assist in the development and implementation of a
training program described in paragraph (2)(B).
(B) Non-federal matching contribution.--All expenditures
under paragraph (2)(B), other than expenditures for Federal
personnel, shall require a non-Federal matching contribution
of 50 percent.
(C) Report.--Not later than March 1 of each year, the
Secretary of Labor shall provide a report on activities under
this paragraph to the Committee on Energy and Natural
Resources and the Committee on Appropriations of the Senate
and the Committee on Resources and the Committee on
Appropriations of the House of Representatives.
(D) Supplemental funds.--The Secretary of Labor--
(i) may supplement the funds provided under this section
with other funds and resources available to the Secretary;
and
(ii) shall carry out such other activities, pursuant to
existing authorities of the Department, as the Secretary
determines will assist in such a training program in the
Commonwealth of the Northern Mariana Islands.
(d) Department of Justice and Department of Labor
Operations.--
(1) In general.--The Secretary of Homeland Security and the
Secretary of Labor may establish and maintain Immigration and
Naturalization Service, Executive Office for Immigration
Review, and Department of Labor operations in the
Commonwealth of the Northern Mariana Islands for the purpose
of performing the responsibilities of the Secretaries under
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
and the transition program established under section 6 of
Public Law 94-241, as added by this Act.
(2) Recruitment of residents.--To the extent practicable
and consistent with the satisfactory performance of their
assigned responsibilities under applicable law, the Secretary
of Homeland Security and the Secretary of Labor shall recruit
and hire from among qualified applicants resident in the
Commonwealth of the Northern Mariana Islands for staffing
operations described in paragraph (1).
(e) Report to Congress.--Not later than 66 months after the
date of enactment of this Act, and subsequently, as the
President considers appropriate, the President shall submit
to the Committee on Energy and Natural Resources of the
Senate, and the Committee on Resources of the House of
Representatives, a report that--
(1) evaluates the overall effect of the transition program
and the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) on the Commonwealth of the Northern Mariana Islands;
and
(2) describes what efforts have been undertaken to
diversify and strengthen the local economy, including efforts
to promote the Commonwealth of the Northern Mariana Islands
as a tourist destination.

[[Page H12012]]

(f) Limitation on Number of Alien Workers Prior to
Application of the Immigration and Nationality Act, and
Establishment of the Transition Program.--During the period
between the date of enactment of this Act and the effective
date of the transition program established under section 6 of
Public Law 94-241, as added by this title, the Government of
the Commonwealth of the Northern Mariana Islands shall not
permit an increase in the total number of alien workers who
are present in the Commonwealth of the Northern Mariana
Islands on the date of enactment of this Act.

TITLE XI--MISCELLANEOUS PROVISIONS

SEC. 1101. LOCATION AND DEPORTATION OF CRIMINAL ALIENS.

(a) In General.--The Secretary of Homeland Security shall
locate and deport all aliens in the United States who are
deportable under section 237(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(2), relating to criminal
aliens), including such aliens who under a ``catch and
release'' policy have been apprehended and released by Border
Patrol agents or other immigration officers pending review of
their cases.
(b) Increase in Prosecutors and Other Personnel.--There are
authorized to be appropriated such sums as may be necessary
to provide for additional prosecutors and other personnel to
effect the deportation of aliens under subsection (a).

SEC. 1102. AGREEMENTS WITH STATE AND LOCAL LAW ENFORCEMENT
AGENCIES TO IDENTIFY AND TRANSFER TO FEDERAL
CUSTODY CRIMINAL ALIENS.

Not later than one year after the date of the enactment of
this Act, the Secretary of Homeland Security shall enter into
written agreements under section 287(g) of the Immigration
and Nationality Act (8 U.S.C. 1357(g)) with States and
political subdivisions of States to train and deputize jail
and prison custodial officials--
(1) to identify each individual in their custody who is a
alien and who appears to be deportable under section
237(a)(2) of such Act (8 U.S.C. 1227(a)(2));
(2) to contact the Department of Homeland Security
concerning each alien so identified; and
(3) to transfer each such identified alien to a Federal law
enforcement official for deportation proceedings.

SEC. 1103. DENYING ADMISSION TO FOREIGN GOVERNMENT OFFICIALS
OF COUNTRIES DENYING ALIEN RETURN.

Subsection (d) of section 243 of the Immigration and
Nationality Act (8 U.S.C. 1253) is amended to read as
follows:
``(d) Denying Admission to Foreign Government Officials of
Countries Denying Alien Return.--Whenever the Secretary of
Homeland Security determines that the government of a foreign
country has denied or unreasonably delayed accepting an alien
who is a citizen, subject, national, or resident of that
country after the alien has been ordered removed from the
United States, the Secretary, in consultation with the
Secretary of State, may deny admission to any citizen,
subject, national, or resident of that country who has
received a nonimmigrant visa pursuant to subparagraphs (A) or
(G) of section 101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)), unless such denial of admission
violates an international treaty in force between the United
States and that country.''.

SEC. 1104. BORDER PATROL TRAINING FACILITY.

The Secretary of Homeland Security shall establish a Border
Patrol training facility at a location that is centrally and
geographically located at United States-Mexico border to
assist in the training of additional Border Patrol agents
authorized under this Act or any other provision of law.

Mr. REYES (during the reading). Mr. Speaker, I ask unanimous consent
that the motion to recommit be considered as read and printed in the
Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
The SPEAKER pro tempore. The gentleman from Texas is recognized for 5
minutes on his motion.
Mr. REYES. Mr. Speaker, the bipartisan 9/11 Commission recently
released a report grading our government's response to its
recommendations of a year ago, and that report is sadly filled with
failing marks.
Now, more than 4 years after the terrorist attacks of September 11,
2001, this House is finally getting around to considering legislation
that is supposed to address illegal immigration and border security.
The only problem is that the bill offered by my Republican colleagues
is completely inadequate to do the vitally important job and would
surely earn yet another failing grade by the 9/11 Commission.
Mr. Speaker, as the Members may know, before being elected to
Congress, I served for 26\1/2\ years in the United States Border
Patrol, including 13 of those years as sector chief in McAllen and El
Paso.

{time} 2200

I have years of experience patrolling the tough terrain of the U.S.-
Mexico border region, supervising thousands of dedicated Border Patrol
agents and doing everything within our power to strengthen our borders
and reduce illegal immigration. Unfortunately, Mr. Speaker, it is clear
to me that there are some Members of this House who either have no idea
of what Congress really needs to do to help keep Americans safe, or
they are more interested in scoring political points with voters back
home than protecting our country.
This is a bad bill. This bill is being motivated more, in my opinion,
by partisan politics than by sound policy. I personally believe that
the underlying legislation betrays our heritage as a Nation of
immigrants whose rich history has been enhanced by those who have come
to this country to share our American dream.
While we can disagree about the motives behind the bill, what is
absolutely indisputable is that it fails to provide the Department of
Homeland Security with the tools to protect the American people. That
is why I am offering this motion to recommit with the support of my
colleagues, Mr. Conyers and Mr. Thompson, who are the ranking members
of the Judiciary and Homeland Security Committees.
Under this motion, we require DHS to develop a comprehensive border
security strategy to establish control of all of our borders and ports.
Unlike the base bill, we also provide significant personnel and
equipment necessary to apprehend, to process and deport illegal
immigrants: 12,000 additional Border Patrol agents are provided for in
this motion; 8,000 more immigration and Customs enforcement inspectors;
4,000 additional inspectors at our ports-of-entry; 1,000 additional
U.S. Marshals; 1,000 more detention officers; and 300 additional
immigration judges.
You see, Mr. Speaker, the effective control of our borders involves a
little bit more than proposals for fences or mandatory sentencing. In
fact, it is more about listening to and understanding the challenges
that are faced by hardworking Federal officers and officials in every
phase of the process. That includes Border Patrol agents, detention
officers, Customs inspectors, U.S. Marshals, immigration judges and
Federal prosecutors.
In this motion, we also provide 100,000 new detention beds to ensure
that DHS has the space to detain illegal immigrants so that we can put
an end to that absurd policy of catch and release once and for all.
Furthermore, we instruct DHS to locate and deal with the 110,000
undocumented immigrants who have already been released so that we can
apprehend them and deport them back to their home countries.
In short, Mr. Speaker, this motion to recommit would fulfill and even
surpass the recommendations of the 9/11 Commission.
Mr. Speaker, it has been over 4 years since the September 11 attacks.
We need real action, not rhetoric. The American people are counting on
us, and we cannot continue to fail them. Vote in favor of the motion to
recommit and against this terribly misguided underlying underlying
bill.
Mr. SENSENBRENNER. Mr. Chairman, I claim the time in opposition to
the motion to recommit.
The SPEAKER pro tempore (Mr. Kirk). The gentleman from Wisconsin is
recognized for 5 minutes.
Mr. SENSENBRENNER. Mr. Speaker, securing our Nation's borders is an
imperative, and this bill does it. Turning off the magnet that brings
people into the United States to work illegally is an imperative. This
bill does it.
This 149-page motion to recommit, which we received a couple of
minutes before the author made his motion, we have been able to look at
enough of this 150 pages to see that it does not provide one bit of
enhancement to the employment verification system. That is the big hole
in this bill. So there is no way that employers will be able. There are
no enhancements to employer verification.
Mr. Speaker, throughout this debate, both yesterday and today, my
friends on the minority side have been doing their best to try to make
this bill unworkable, one of which was their almost unanimous support
for keeping the penalties for illegal presence in the United States as
a felony. Let me tell you that even though my amendment to reduce those
penalties was voted down largely by people on the other

[[Page H12013]]

side of the aisle, when this bill gets to conference, those penalties
will be made workable. You can count on that.
Keep immigration reform on track. To secure our borders and to have a
secure employer verification system, pass this bill. Vote against the
motion to recommit.
Mr. Speaker, I yield to the gentleman from New York.
Mr. KING of New York. Mr. Speaker, I thank the gentleman for
yielding. I thank him for his close cooperation and his staff and
members of the Judiciary Committee.
Mr. Speaker, I speak out strongly against the motion to recommit. In
many ways, it copies what we did in the Homeland Security Committee
except it leaves out the most important sections.
There was nothing in the motion to recommit about mandatory
detention, expedited removal, and it dramatically weakens the
repatriation sanctioning authority. By doing that, it takes away the
entire strength of the underlying bill. The bill that came out of the
Homeland Security Committee by unanimous vote, unfortunately, the
motion to recommit dramatically weakens that.
Mr. SENSENBRENNER. Mr. Speaker, reclaiming my time, I strongly urge
defeat of the motion to recommit and passage of the bill.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.

Recorded Vote

Mr. REYES. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on the motion to recommit will be followed by 5-minute
votes on passage of the bill, if ordered, and suspending the rules and
agreeing to H. Res. 598.
The vote was taken by electronic device, and there were--ayes 198,
noes 221, not voting 14, as follows:

[Roll No. 660]

AYES--198

Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Butterfield
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Chandler
Clay
Cleaver
Clyburn
Conyers
Cooper
Costa
Costello
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Hastings (FL)
Herseth
Higgins
Hinchey
Hinojosa
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Marshall
Matheson
Matsui
McCollum (MN)
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murtha
Nadler
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (GA)
Scott (VA)
Serrano
Sherman
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn

NOES--221

Aderholt
Akin
Alexander
Bachus
Baker
Barrow
Bartlett (MD)
Bass
Beauprez
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boustany
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Case
Castle
Chabot
Chocola
Coble
Cole (OK)
Conaway
Crenshaw
Cubin
Culberson
Davis (KY)
Davis, Tom
Deal (GA)
DeLay
Dent
Diaz-Balart, L.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Green (WI)
Gutknecht
Hall
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Inglis (SC)
Issa
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kuhl (NY)
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Osborne
Otter
Oxley
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schmidt
Schwarz (MI)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (NJ)
Smith (TX)
Sodrel
Souder
Stearns
Sullivan
Sweeney
Tancredo
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf

NOT VOTING--14

Barrett (SC)
Barton (TX)
Davis, Jo Ann
Diaz-Balart, M.
Hyde
Istook
Jefferson
Kolbe
LaHood
McCarthy
Napolitano
Nussle
Young (AK)
Young (FL)

{time} 2224

Mr. TOM DAVIS of Virginia and Mr. JOHNSON of Illinois changed their
vote from ``aye'' to ``no''.
Mr. BAIRD and Mr. GORDON changed their vote from ``no'' to ``aye''.
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore (Mr. Kirk). The question is on the passage of
the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.

Recorded Vote

Ms. ZOE LOFGREN of California. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 239,
noes 182, not voting 13, as follows:

[Roll No. 661]

AYES--239

Aderholt
Akin
Alexander
Bachus
Baker
Barrow
Bass
Bean
Beauprez
Berry
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Bonilla
Bonner
Bono
Boozman
Boren
Boswell
Boucher
Boustany
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Case
Castle
Chabot
Chandler
Chocola
Coble
Conaway
Costello
Cramer
Crenshaw
Cubin
Culberson
Davis (KY)
Davis (TN)
Davis, Tom
Deal (GA)
DeFazio
DeLay
Dent
Doolittle
Drake
Dreier
Duncan
Edwards
Ehlers
Emerson
English (PA)
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert

[[Page H12014]]

Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Gutknecht
Hall
Harris
Hart
Hastert
Hayes
Hefley
Hensarling
Herger
Herseth
Higgins
Hoekstra
Holden
Hostettler
Hulshof
Hunter
Inglis (SC)
Issa
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Kanjorski
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kuhl (NY)
Larsen (WA)
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
Matheson
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moore (KS)
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nussle
Osborne
Otter
Oxley
Paul
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Pomeroy
Porter
Price (GA)
Pryce (OH)
Putnam
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ross
Royce
Ryan (WI)
Ryun (KS)
Salazar
Saxton
Schmidt
Schwarz (MI)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Smith (TX)
Sodrel
Stearns
Strickland
Sullivan
Sweeney
Tancredo
Tanner
Taylor (MS)
Taylor (NC)
Terry
Thornberry
Tiahrt
Udall (CO)
Upton
Visclosky
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (SC)
Wolf

NOES--182

Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Bartlett (MD)
Becerra
Berkley
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Boehner
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Butterfield
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Clay
Cleaver
Clyburn
Conyers
Cooper
Costa
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Dicks
Dingell
Doggett
Doyle
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Frank (MA)
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Hastings (FL)
Hastings (WA)
Hayworth
Hinchey
Hinojosa
Hobson
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
Kucinich
Langevin
Lantos
Larson (CT)
Leach
Lee
Levin
Lewis (GA)
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Matsui
McCollum (MN)
McDermott
McGovern
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore (WI)
Moran (VA)
Murtha
Nadler
Neal (MA)
Nunes
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pearce
Pelosi
Price (NC)
Radanovich
Rahall
Rangel
Reyes
Ros-Lehtinen
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (GA)
Scott (VA)
Serrano
Sherman
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Souder
Spratt
Stark
Stupak
Tauscher
Thomas
Thompson (CA)
Thompson (MS)
Tiberi
Tierney
Towns
Turner
Udall (NM)
Van Hollen
Velazquez
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Wilson (NM)
Woolsey
Wu
Wynn

NOT VOTING--13

Barrett (SC)
Barton (TX)
Cole (OK)
Davis, Jo Ann
Diaz-Balart, M.
Hyde
Istook
Kolbe
LaHood
McCarthy
Napolitano
Young (AK)
Young (FL)

{time} 2233

Mr. RYAN of Ohio changed his vote from ``aye'' to ``no.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

____________________