[Congressional Record (Bound Edition), Volume 151 (2005), Part 21]
[House]
[Pages 29141-29194]
[From the U.S. 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

[[Page 29142]]


     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)
     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

[[Page 29143]]


     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

  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 164, 
noes 257, not voting 12, as follows:

                             [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.

[[Page 29144]]




                             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 237, 
noes 180, not voting 16, as follows:

                             [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.
     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.''.

[[Page 29145]]

       (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 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.

[[Page 29146]]

  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. 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 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--

[[Page 29147]]

       (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 may consume.
  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 
engaged in smuggling and human 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, 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, 
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 
documents, must be significant, and they must be high enough to deter 
this type of activity.
  Second, the amendment imposes an additional minimum-mandatory 
sentence of 5 years on any illegal alien convicted of either a crime of 
violence here in the United States or drug trafficking. 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 itself. It is unacceptable 
for someone 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 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. 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

[[Page 29148]]

misses the mark. Quite frankly, 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 make the penalties which can be imposed on, those 
who are really exploiting people through human smuggling or human 
trafficking severe enough to deter these crimes. It is important to 
understand that human smuggling is the conduct of bringing across 
people who want to come across, but who are still being exploited by 
the criminal smuggler; and human trafficking where people are brought 
across, and then, once they are here, essentially become indentured 
slaves. That is, they must work and work for years 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 these offenses, as a key part of these offenses, is 
creating fraudulent documents, false Social Security cards, a false 
green cards, all types of identity that they use in this country to get 
a job. And the smugglers do the exploiting. The smugglers create those 
documents. It is unacceptable to have these kinds of fraudulent schemes 
perpetrated on people who are themselves 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 are going to commit a crime, 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 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. 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, 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 Indiana (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 border. They provide 
housing at the border. They then lead the illegal aliens across the 
border where prearranged vehicles meet them and transport them to a 
nearby city, often a city such as Tucson or Phoenix or Los Angeles.
  They also provide transportation in these cities and housing, and 
they provide travel from those cities to other cities in the interior 
of this country, such as 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

[[Page 29149]]

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, 
fraudulent Social Security cards, fraudulent green cards 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 and human trafficking operations is 
money laundering. They launder the proceeds of these crimes. Yet 
unfortunately, at the present time, neither human trafficking nor human 
smuggling, are predicates for our Federal money laundering statute.

                              {time}  2000

  That is to say one can engage in these crimes, but our money 
laundering statute cannot be used to prosecute those people. Mr. 
Chairman, this amendment simply adds these two statutes so that when we 
want to prosecute these smugglers, we can use some of our more 
sophisticated statutes, including our money laundering statute, to go 
after these individuals.
  Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
  Mr. SHADEGG. I yield to the gentleman from Wisconsin.
  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 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

[[Page 29150]]

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. 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.
  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

[[Page 29151]]

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.
  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

[[Page 29152]]

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.
  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.

[[Page 29153]]




        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. 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, 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

[[Page 29154]]

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 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

[[Page 29155]]

     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 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

[[Page 29156]]

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.
  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.

[[Page 29157]]

  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 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

[[Page 29158]]

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 
     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).

[[Page 29159]]

       (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 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

[[Page 29160]]

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. 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 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

[[Page 29161]]

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
     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''.

[[Page 29162]]

  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

  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 87, 
noes 332, not voting 14, as follows:

                             [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

  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 163, 
noes 251, answered ``present'' 1, not voting 18, as follows:

                             [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
     Hayes
     Hayworth
     Hefley
     Herger
     Herseth
     Holden
     Hostettler
     Hulshof
     Hunter
     Inglis (SC)
     Jenkins
     Jindal
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly

[[Page 29163]]


     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

[[Page 29164]]

homeland security issues, when we are not. The 9/11 Commission recently 
released its assessment of the progress being made by the 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 U.S. economy. Statistics also 
reveal that immigrants are

[[Page 29165]]

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

[[Page 29166]]

Title VI of the bill, millions of immigrants would be barred from 
gaining lawful resident status, even those whose spouses or children 
are 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.

[[Page 29167]]

  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 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

[[Page 29168]]

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.
  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

[[Page 29169]]

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.
  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.
  Mr. GRIJALVA. Mr. Chairman, I rise today in opposition to the 
misguided Border and Immigration Enforcement Act of 2005. H.R. 4437 is 
a misguided bill that will further complicate the immigration crisis.
  We, as a country, have not seen a significant change in immigration 
policy in nearly two decades, even though all Americans agree that 
current immigration policy is outdated and malfunctioning. The majority 
of surveys throughout this Nation show that the American people are 
advocating for a comprehensive and realistic approach to immigration 
reform.
  As Members of Congress we have the responsibility to modernize our 
laws, to ensure equity, and to learn from the successes and failures of 
our predecessors. H.R. 4437 fails to meet these standards on all 
levels.

[[Page 29170]]

  The bill before us today is an insult to the American people who have 
requested action on the part of their lawmakers. The bill is neither a 
solution nor even an attempt to understand the immigration crisis. 
Rather, it is a collaboration of the most destructive proposals in 
Congress, put forth to promote a false impression that we are working 
to address the problem. What we are seeing here on the floor today is 
an unrealistic, unconstitutional bill based on fear.
  As a Representative from Arizona, I have had first hand experience 
with the negative impacts created by ``security-only'' approaches to 
the border and immigration, such as is promoted by H.R. 4437. Arizona, 
my District especially, has been victim to this inadequate approach 
that ignores the real needs in our communities. For example, this year 
my District witnessed 262 deaths on its border, yet H.R. 4437 would do 
nothing to help alleviate this human tragedy.
  Though Americans continue to ask that Congress create orderly, legal 
venues for new immigrants and for safe and legal ways in which 
immigrants already here can declare their presence, H.R. 4437 does not 
even come close to fulfilling these requests. In fact, it promotes a 
shadow culture in which immigrants need and want to hide, which then 
puts our country at a greater security risk.
  With one hasty line, this bill makes all immigrants criminals. It 
turns an immigration-law violation into an aggravated felony. Thus, 
legal permanent residents, who initially may have had an unlawful entry 
but were able to pursue a legal venue thereafter, would be categorized 
as felons and prevented from becoming U.S. citizens as the current law 
allows.
  H.R. 4437 also endangers checks and balances and progress that our 
Nation has made towards equality. With its expansion of expedited 
removal programs, H.R. 4437 removes important checks that currently 
protect against erroneous arrests and deportations. In the realm of 
civil rights, immigrants that are victim to domestic violence would be 
discouraged from seeking protection in fear of being charged with an 
aggravated felony. Furthermore, immigrants dealing with Federal 
agencies or the judicial system would no longer have the opportunity to 
appeal, thereby weakening even more checks and balances in our 
government.
  I am ashamed of the Republican leadership for bringing this bill to 
the floor, for ignoring the American people, and for supporting a bill 
that will expand the immigration crisis. Worse than all the harm that 
this bill would cause is the fact that it fails to include any of the 
immigration reforms that Americans have asked for. It includes 
penalties for employers, but no provisions allowing them to attain 
needed employees. It criminalizes immigrants, but provides no solutions 
for a legal venue for entry.
  As lawmakers, we can do better. We can bring to the floor a 
comprehensive and realistic approach to immigration that addresses 
border security, changes to current immigration law--including earned 
legalization--and upholds labor rights for all U.S. employees, be they 
citizens or foreign born. H.R. 4437 is not this bill. It ignores the 
need to address societal, economic and national security shortfalls and 
I encourage my colleagues to denounce this insulting response to the 
American people and vote ``no'' on H.R. 4437.
  Mr. PAUL. Mr. Chairman, I rise with serious concerns over this 
legislation, which although it does address some illegal immigration 
problems is woefully weak on real substance. I fear that should this 
bill become law as is, six months or even a year down the road we will 
see no substantial improvement on the critical issue of deporting 
illegal aliens and protecting our borders.
  Some measures in the bill sound good, but are in effect superfluous. 
Do we need new legislation requiring the Department of Homeland 
Security to achieve ``operational control of the borders''? Shouldn't 
the federal government already have ``operational control of the 
borders''?
  Here is a road map for real immigration reform. First we need better 
enforcement of the laws we've got--which plainly call for illegal 
immigrants to be arrested and deported and for our borders to be 
secure. These things are already law, but the executive branch over the 
past decades has failed to enforce them. Congress can pass any law it 
wants, but unless federal agencies enforce those laws they are 
meaningless.
  Second we need to eliminate the two main magnets attracting illegal 
immigrants to illegally enter the country, the welfare magnet and the 
citizenship magnet. Failure to address these in an immigration bill 
raises questions about achieving real results. That is why I introduced 
three amendments to this bill, in the hopes that we can finally do 
something about the problem of illegal immigration. I introduced an 
amendment to end so-called ``birth-right citizenship,'' whereby anyone 
born on U.S. soil is automatically an American citizen. I introduced an 
amendment to end the practice of providing U.S. Social Security 
payments to non-U.S. citizens. And finally I introduced an amendment to 
prohibit illegal aliens from receiving food stamps, student loans, or 
other federally-provided assistance. Unfortunately, none of my 
amendments were even allowed to reach the Floor for a vote.
  There are some elements of this new bill to be applauded. Measures to 
require detention of and expedited removal of aliens, for example, are 
a good step. Also to be applauded is the requirement for an additional 
250 inspectors at U.S. ports of entry each year from 2007 through 2010, 
although this is unfortunately subject to the availability of funds. 
But overall this bill is a weak substitute for real immigration and 
border reform. As the Federation for American Immigration Reform (FAIR) 
says, H.R. 4437 ``treats some of the symptoms, it does not, in fact, do 
enough to actually cure the illness.''
  Mr. UDALL of Colorado. Mr. Chairman, while there is much in this bill 
that concerns me, I will vote for it because its primary purpose is to 
make necessary improvements in securing our borders, which I think is 
needed as part--but only part--of immigration-reform legislation.
  To be frank, however, if this bill represented our last word on 
immigration reform, I would vote against it. By focusing exclusively on 
the question of border security and immigration enforcement, the House 
Republican leadership is ignoring the most difficult and challenging 
aspect of immigration reform, namely the question of how to deal 
humanely and effectively with the estimated 8-11 million illegal 
immigrants currently living and working in this country.
  Moreover, I am not in favor of making every man, woman and child who 
overstays a visa or resides in this country illegally a criminal. By 
making any violation of immigration rules a criminal rather than a 
civil offense we may only end up discouraging law enforcement from 
discovering real threats of terrorism or violent criminal conduct. 
Driving illegal immigrants deeper underground, even more than current 
law, which keeps them in the shadows, is a terrible tactic if our 
overarching goal is national security.
  So, Mr. Chairman, there are some strong reasons for voting against 
this legislation. It offers no full solution to the problem of illegal 
immigration; it is unnecessarily punitive toward otherwise law-abiding 
individuals, and it unwisely commits this country to the construction 
of a costly border fence that many security experts believe will divert 
resources away from more important homeland security needs.
  My readiness to support this bill was also reduced by the rhetoric of 
some who are most vocally in support of it. There is perhaps no more 
divisive issue in our country than immigration, and sadly, the tone and 
content of much of the debate in the House has only fueled the 
division. I discussed the tone and substance of this debate with a good 
friend and colleague from the Republican side of the aisle and found 
that we agreed that the House was missing an opportunity to unite the 
country and pass a sorely-needed comprehensive immigration reform bill.
  Despite these concerns, I will vote in favor of this bill because we 
have to make necessary investments in border security and enforcement. 
The 9/11 Commission has recommended increased immigration enforcement 
personnel, stronger surveillance, tougher entry-and-exit procedures and 
the use of better technologies to enhance our border security. This 
bill addresses these concerns and I favor all of these provisions.
  Finally, I am convinced that reassuring the American people that we 
have taken strong action to strengthen enforcement and secure our 
borders is a necessary predicate for the harder and more complicated 
task of addressing the problem of existing illegal and undocumented 
workers.
  With stronger border security and enforcement established we can work 
with the Administration and our colleagues in the Senate to build a 
consensus for the harder task of clarifying the status of existing 
illegal immigrants, most of whom are hard-working and otherwise law-
abiding people, in a humane and thoughtful way that will protect 
children, include guest-worker needs and establish a fairer process for 
legalized entry. If that effort succeeds--as I think it can and am 
convinced it must--the result not only will be better than the bill 
before us, it will be a measure that deserves to be sent to the 
President for signing into law.
  Mr. RYAN of Wisconsin. Mr. Chairman, after long deliberation and 
discussion with the bill's author, I decided to vote ``aye'' on H.R. 
4437. This bill is far from complete, and far from

[[Page 29171]]

being ready to become law. Yet, it has become clear that Congress will 
deal with immigration reform through several stages in a long process 
during the next session of the 109th Congress. I supported H.R. 4437 to 
begin this process, so we can ultimately achieve comprehensive 
immigration reform.
  Among the provisions I believe are instrumental toward achieving such 
reform are the reforms to secure our borders. Border security is no 
longer simply an issue of illegal immigration. It is an issue of 
national security, where we are vulnerable to terrorist infiltration. 
This proposal offers a comprehensive way to address this threat.
  However, I have several concerns with this legislation that must be 
addressed in order to receive my support for a final, comprehensive 
solution to fixing our broken immigration system.
  First and foremost, the provision in H.R. 4437 that makes 
undocumented alien status a federal felony is totally unacceptable. 
Prior to the bill's passing, I received a commitment from the author, 
Chairman Sensenbrenner, that this provision will be removed. Second, 
the employer verification system proposed in this bill is unworkable 
and must be fixed. Third, a final bill should include the creation of a 
secure, legal channel by which foreign workers needed to keep the 
United States' economy growing may enter and leave the country. And, 
finally, we must bring into the open, in a reasonable and fair manner, 
the millions of immigrants who are living in our communities without 
any documentation. Failure to address all of these issues will simply 
prolong our broken immigration system.
  Because Congress is so divided on how to achieve comprehensive 
reform, it has become clear to me that such reform will occur in stages 
over the course of the next year. I look forward to working with my 
colleagues in both political parties to make sure the final version of 
this legislative effort is one we can all be proud to support.
  Mr. WELDON of Florida. Mr. Chairman, I rise in strong support of H.R. 
4437, The Border Protection, Antiterrorism, and Illegal Immigration 
Control Act of 2005. This is a good bill that takes some important 
steps to curb illegal immigration, secure our borders and make America 
safer.
  The bill takes a broad range of actions to secure our Nation. These 
include imposing tougher penalties for those who smuggle illegal 
immigrants into the U.S. and for those who overstay their visas. 
Individuals involved in making and using fraudulent documents will face 
stiffer penalties. We also end the ``catch and release'' policy that 
allows apprehended illegal immigrants to slip away unnoticed and live 
illegally in the U.S. as they will no longer simply be released back 
into the community.
  With regard to granting immigration benefits, i.e., citizenship, 
green cards, permanent residency, the bill ends the practice of 
granting such benefits to those for whom a background check has not 
been completed. Immigration benefits should not be handed out simply 
because a certain number of days have passed since the investigation 
was commenced. Perhaps the background check approval is being delayed 
because of the need to fully investigate a possible criminal or 
terrorism risks.
  Current law denies immigration benefits to those who are classified 
as habitual drunkards, but not those affiliated with terrorist 
organizations. This bill fixes that problem by making sure that illegal 
immigrants who are deportable on terrorist grounds are deported without 
delay.
  H.R. 4437 requires employers to verify that prospective employees are 
legally employable. The bill ensures that a system is in place for 
employers to verify the legal status of such job applicants and it 
provides penalties for employers who violate these laws. The bill also 
prohibits federal funds provided under the State Criminal Alien 
Assistance Program to any state or local government that maintains a 
``sanctuary policy'' for illegal immigrants.
  In order to ensure that we have a better understanding of just who is 
crossing illegally into the U.S. the bill requires the Department of 
Homeland Security, DHS, to report to Congress on the number of illegal 
aliens apprehended who are from non-contiguous countries, with a 
particular emphasis on ascertaining the number of individuals from 
countries known to harbor terrorists. DHS is also to provide the 
Congress with a timeline for fully equipping all land borders with the 
US-VISIT entry/exit system.
  On a 260-159 vote, the House mandated the construction of security 
fencing, including lights and cameras, along the Southwest border in 
sectors with the highest number of illegal border crossings, drug 
smuggling, and immigrant deaths. Additionally, DHS will be required to 
conduct a study and report back to Congress on the use of physical 
barriers along the Northern border.
  Mr. Chairman, H.R. 4437 moves us in the right direction of addressing 
the serious problem of illegal immigration making the United States 
more secure.
  Mr. DeFAZIO. Mr. Chairman, our Nation has long been a beacon for the 
dispossessed and downtrodden around the world who come to our shores 
for a shot at achieving financial security, personal security, and to 
fulfill their human potential, the very essence of the American dream. 
Our Nation was built on the sweat and ingenuity of immigrants. My 
father's side emigrated from Italy, and my mother's side came from 
Ireland. We should be proud of this heritage.
  However, a nation that does not have control over its own borders is 
a nation that cannot claim to be sovereign. We need to know who is 
coming into our country, and we need to be able to keep out those who 
are not authorized to enter. The status quo, with 500,000 or more 
individuals entering the U.S. illegally every year, including untold 
numbers from countries of concern, meaning countries in which radical 
Islamic terrorists are prevalent, is not acceptable.
  Prior efforts by Congress to control and rationalize immigration, 
including the reforms enacted in 1986 and 1996, have failed. One of the 
primary reasons these reforms have failed to stop the flow of 
undocumented workers and the exploitation of immigrant labor is the 
lack of meaningful employer sanctions. I believe the crux of the 
legislation under consideration today, in addition to enhanced border 
security provisions, such as more agents, improved technology, and 
cracking down on document fraud, is that for the first time Congress is 
imposing tough employer sanctions, which will decrease the incentive to 
exploit immigrant labor. H.R. 4437 would double the fines for employers 
who hire undocumented workers to a minimum of $5,000 for a first 
offense and up to $40,000 for subsequent offenses. H.R. 4437 would also 
require employers to verify an applicant's eligibility for lawful 
employment with immigration and Social Security officials.
  These enhanced employer verification provisions are one of the 
reasons why the powerful business lobbies like the U.S. Chamber of 
Commerce, some of whose members regularly hire low-wage exploitable 
immigrant labor, are opposing the bill, but also one of the reasons why 
I support it.
  Many business and immigrant rights organizations, along with some in 
organized labor, have raised the concern that H.R. 4437 does not 
include guest worker provisions.
  I have serious reservations about the guest worker proposals that 
have been proposed by the President and in various bills in Congress. 
Very little has changed with respect to guest worker programs since I 
came to Congress. They continue to be a source of worker exploitation. 
When I was first elected, I fought a small group of government 
contractors in the forestry and reforestation industries who were 
abusing their workers. A recent series in the Sacramento Bee newspaper 
documented that abuse of immigrant labor continues to be widespread in 
guest worker forestry programs. The new guest worker proposals are 
unlikely to improve that situation.
  Guest-worker programs have also historically been used to break 
unions. The meatpacking industry is a prime example. The meatpacking 
industry broke the unions by bringing in low-wage immigrant labor. Once 
the union was broken, the industry cut wages and benefits for the 
immigrant workers, sped up conveyer belts, and just generally made 
working conditions miserable. The rate of worker injuries and workplace 
accidents are extraordinarily high. It's taken the industry back to the 
days described in Upton Sinclair's book The Jungle.
  I am wary of the impact on low-income Americans and low-wage legal 
immigrants from guest-worker proposals. Such proposals threaten to 
increase the low-wage labor pool in the U.S. by millions of workers, 
further eroding the pay rates and working conditions of tens of 
millions of Americans and legal immigrants. The nearly 20 percent of 
Americans without a high-school degree will be particularly hard hit. 
Under the leading guest-worker program in Congress, the number of 
unskilled workers authorized to enter every year would be 400,000. In 
addition, 290,000 higher skilled workers would be allowed in every 
year, nearly double the number in current law.
  The Commission on Immigration Reform, created in 1995 by President 
Bill Clinton and headed by former Democratic Member of Congress Barbara 
Jordan, reported, ``Guest-worker programs have depressed wages'' and 
reduced employment opportunities for ``unskilled American workers, 
including recent immigrants,'' who can be easily ``displaced by newly 
entering guest workers.''
  A study by Harvard University professor George Borjas shows wages for 
Americans

[[Page 29172]]

dropped 9 percent for high school graduates and 5 percent for college 
graduates in the wake of the unprecedented migration of undocumented 
immigrants in the 1980s and 1990s. Other studies, including research by 
the National Research Council and the Economic Policy Institute, show 
immigrants under ``guest'' worker programs are paid 15-33 percent less 
than American citizens, driving down wages for all workers.
  I am also concerned that the administrative burden created by guest-
worker programs will disadvantage immigrants from around the world who 
are now waiting in line for their paperwork to be processed so they can 
enter the U.S. legally. Though they have complied with the law, filed 
all the required applications, provided all the needed documentation, 
and paid all the fees, it will be years before they have legal status. 
My staff and I devote countless hours every week to the plight of 
frustrated legal immigrant husbands, wives, mothers and fathers, and 
children trying to navigate the immigration maze. Families are 
separated for years and years going the legal route, and immigrants 
from the Philippines and Mexico often have to wait at least a decade to 
be approved with no chance to jump to the head of the line.
  H.R. 4437 is not a perfect bill. Far from it. Immigrant rights 
organizations, labor unions and others have rightfully pointed out that 
the bill does not in any way address the 10-12 million undocumented 
workers already in the U.S., no matter how long they've been here or 
how much they've contributed to their local community or the economy. I 
am concerned that the alien smuggling provisions are written in an 
overly broad way that could penalize the everyday actions of social 
service organizations, churches, and others who may provide 
humanitarian aid and counsel to immigrants. Further, a dubious 
amendment was adopted during consideration on the floor that requires 
the construction of $2.2 billion worth of fences along a part of the 
southern border, which, as evidenced by the failure of similar fences 
in Spain and along the Hong Kong-China border, will do little or 
nothing to combat illegal immigration, but will certainly divert money 
from programs that could. Instead, this money could be spent to hire 
and equip 2,000 additional agents for 10 years and to improve 
technologies used to protect the border.
  We need to move this complex and emotional debate on border security 
and immigration reform forward. Although H.R. 4437 is flawed, I am 
voting in favor of the bill because it contains a number of provisions 
that I support related to border security; because this is the only 
immigration legislation the Republican leadership will bring to the 
floor, meaning it is the only opportunity I will have to go on record 
in favor of enhancing border security; and because I expect that the 
Senate will address the major deficiencies in the bill. Immigration 
will be debated again in the House next year after the Senate has 
worked through its own version of immigration reform and border 
security legislation and a conference committee has met and resolved 
the differences between the two chambers bills. I will reserve judgment 
on whether to support the final bill until I see the details.
  Mr. ETHERIDGE. Mr. Chairman, I rise to offer my views on H.R. 4437 
and this important issue. As a member of the U.S. House Committee on 
Homeland Security, I have worked actively with both Republicans and 
Democrats to strengthen our Nation's laws to protect the American 
people. Many of the provisions of this bill are under the jurisdiction 
of the Homeland Security committee, although this version differs 
substantially from the Committee's product.
  The debate on immigration reform is an important matter for this 
country. Last year, I voted to pass the 9/11 Commission Recommendations 
Implementation Act, which authorized an additional 10,000 Border Patrol 
agents and 4,000 additional Immigration and Customs Enforcement (ICE) 
officers. Unfortunately, the Bush administration's budget funds only 
210 additional border agents and 80 ICE officers in fiscal year 2006.
  I support several amendments to this bill because they take concrete 
steps to correct real problems with the immigration status quo. For 
example, I support the Myrick amendment that provides for the removal 
of an illegal alien who is convicted of driving drunk. I also support 
the Shadegg amendment to increase penalties for document fraud and 
crimes of violence and drug trafficking offenses committed by illegal 
aliens. In addition, I support the Velazquez amendment to reduce the 
immigration application processing backlog that has choked the system 
to a virtual standstill. Unfortunately, these reasonable steps cannot 
overcome the fundamental flaws of H.R. 4437, which takes an unrealistic 
approach that will exacerbate the problems of the current system by 
driving the undocumented further underground, deeper into the black 
market and further estranged from the laws of our country.
  We need to reform the broken immigration system in America, but this 
bill is harsh, punitive and anti-family and does not fix the many 
problems with the current system. Rather than pass new laws that make 
innocent children Federal criminals, we should vigorously enforce the 
laws against illegal immigration that are already on the books, hire 
the thousands of additional security personnel that have already been 
authorized to guard our borders and work for a fair, balanced 
immigration plan that encourages lawfulness, rewards hard work and 
safeguards families.
  I hope my colleagues will join me in rejection of this legislation, 
so Congress and the President can start over on a more productive 
approach to fix the broken immigration system. Vote against H.R. 4437.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I am very disappointed in the 
Border Protection, Antiterrorism, and Illegal Immigration Control Act 
of 2005, H.R. 4437. It takes an enforcement only approach at a time 
when we should be working together on comprehensive immigration reform, 
and it is full of anti- immigrant provisions that are ill advised and 
mean spirited.
  For instance, sections 201 and 203 of the House Judiciary Committee-
reported version of H.R. 4437 would make all aliens who have at any 
time been unlawfully present in the United States aggravated felons. 
This, in turn, would subject them to mandatory detention; generally bar 
them forever from obtaining asylum, lawful permanent resident status, 
and eventual citizenship; and subject them to arrest by state and local 
law enforcement officers.
  Section 202 would dramatically expand the definition of smuggling and 
harboring illegal aliens, potentially subjecting even unknowing 
relatives, good Samaritans, and employers to severe criminal penalties 
and civil asset forfeiture of real estate, cars, and other property for 
providing even life-saving assistance to someone who turns out to be 
unlawfully present in the United States.
  Section 305 would permit States to use State Homeland Security 
Committee grants, Urban Area Security Initiative grants, or Law 
Enforcement Terrorism Prevention Program grant funds for preventing or 
responding to the unlawful entry of an alien or providing support to 
another entity relating to preventing such an entity. In order to be 
permitted to use such funds for such purposes, a State would have to be 
carrying out the activity pursuant to an agreement with a Federal 
agency.
  Section 501 would make the use of expedited removal mandatory against 
aliens suspected of having entered the United States without inspection 
who are neither Mexican nor Canadian, who are apprehended within 100 
miles of the U.S. international border, and have been in the United 
States for 14 days or fewer. Detention facilities are not available to 
house all of the immigrants who will be subject to mandatory detention 
under this program.
  In fact, more than 110,000 aliens were released in FY2005 for lack of 
bed space. Section 601 would, notwithstanding treaty obligations, 
permit the U.S. government to send aliens to countries where they are 
likely to be tortured.
  Section 602 would permit the government to subject aliens to 
indefinite detention without there being any charges against the alien.
  Title VII would require the expansion of the Basic Pilot employment 
verification program to all employers, requiring that they use it to 
verify the identity and employment eligibility of each of the 54 
million persons that get hired each year and the 146 million persons 
who currently are employed in the United States. It also would 
dramatically increase the fines employers face if they hire 
undocumented workers. It also calls for a study of an enhanced social 
security card that would contain biometric and other personal 
information on a magnetic strip that all persons in the country would 
have to use when seeking employment in the United States.
  I will just mention one more example. Title VIII contains a provision 
that would strip courts of the ability to review decisions by 
immigration officers to deny relief and to deport aliens, including 
persons whose visas are revoked, persons fleeing persecution. Moreover, 
it contains a provision in section 806 that would require nonimmigrants 
coming to the United States temporarily for work, school, or as 
tourists to waive any right to any review of an immigration officer's 
decision as a precondition to getting a visa.
  Twenty years of short-sighted, enforcement-only legislation has 
created the largest illegal population in our nation's history and H.R. 
4432 is just more of the same. Far from being pro-security and pro-
enforcement, this bill actually undermines enforcement and security by 
increasing the population of people here illegally, sweeping under the 
rug the 11 million

[[Page 29173]]

here without papers, and ignoring those who will still come to the U.S. 
because they're coming to work As the President, Secretary Michael 
Chertoff, and other key leaders in both parties have said, we cannot 
enforce our way out of the catastrophe that is our current immigration 
system. The problem demands a comprehensive, workable answer that 
restores respect for the rule of law with fair rules that are evenly 
enforced--not expansive enforcement without hope for success.
  Ms. MILLENDER-McDONALD. Mr. Chairman, I am deeply concerned about a 
bill of this type ``The Border Security Act of 2005'' coming to the 
floor of this chamber.
  This bill does not adequately achieve our common goals of a 
comprehensive immigration policy that protects our borders while 
humanely seeking to address the many workers who are already in this 
country.
  We realize that 9/11 taught us that our nation must address our 
national security along our borders from the north, south, east and 
west. Unfortunately, this bill is not the way to go in addressing this 
very important issue.
  Statistics have shown that barrier fences have never worked to deter 
migration. The fences proposed in this legislation would be disastrous 
to the environment. It would destroy half of our national park land and 
many endangered species would be at risk if a massive fence was built 
in this territory.
  This is why I have joined with the U.S. Chamber of Commerce, American 
Nursery & Landscape Association, and Americans for Tax Reform, 
Associated Builders and Contractors, National Restaurant Association, 
National Retail Federation, Small Business & Entrepreneurs Council, 
Society of American Florists and the American Bar Association in 
opposing this bill.
  For centuries, America has prided herself on welcoming those who felt 
that our country could give them a better way of life. The statue of 
Liberty in the Harbor of New York was that symbol of hope. Where is the 
promise and hope in this legislation?
  Furthermore, this bill does nothing to address judicial review. As it 
now stands, the current detention practices are extremely expensive. 
The overall cost for detention is over $1 billion a 2 year. On average 
over 22,000 detainees are in custody each day. Detaining members of 
vulnerable populations who are likely to appear for hearings and are 
not a threat to society is a misguided use of taxpayer's dollars. Using 
detention as the only way to ensure compliance is a costly practice. A 
formal hearing would expedite the process and save time and money.
  Finally, if this bill is enacted provisions of this legislation would 
deny citizenship to babies who are born in this country by parents who 
are not citizens and would become law. These are not the principles of 
America.
  As a Nation we need to address serious comprehensive immigration 
issues. As a Congress, we need to get to work and complete a bill that 
reflects the needs and concerns of the entire country.
  I would be happy to vote for an immigration bill that actually 
protects the interests of the American public, small businesses and 
makes our Nation secure. H.R. 4377 is not that bill.
  I urge a no vote on the Border Security Act of 2005.
  Mr. CULBERSON. Mr. Chairman, as the co-authors of H.R. 4360, which is 
included in H.R. 4437 as Section 607, we have drafted this expression 
of our legislative intent with the guidance and approval of the House 
Judiciary Committee to help ensure that our intent in this section is 
fulfilled by the law enforcement community, the U.S. Attorney General, 
the Departments of Justice and Homeland Security, the Congress, and the 
Appropriations Committee as rules are written and funds are spent to 
carry out the activities authorized by Section 607.
  H.R. 4360 and Section 607 of H.R. 4437 both authorize $100 million 
per year to pay for the reasonable and necessary costs incurred by 
``any sheriff or coalition of sheriffs'' from counties along the 
southern border to detain, house, and transport illegal aliens. It is 
our intent that the language of section 607 be interpreted and 
implemented to reimburse or provide advance payments to border county 
sheriffs for all costs of ``detaining, housing . . . transporting [and] 
transfer[ing] aliens who are not lawfully present in the United 
States.''
  H.R. 4360 and Section 607 both contain a provision that ``not more 
than 20 percent'' of the funds paid in advance or reimbursed to 
sheriffs may be used for the construction or renovation of detention or 
similar facilities. This provision, coupled with the authorization for 
use of funds ``including the costs of personnel (such as overtime pay 
and costs for reserve deputies), costs of training of such personnel, 
equipment,'' make it clear that 80 percent of the funds appropriated 
and sent to border sheriffs or a coalition of border sheriffs are 
authorized to be used for ``the costs of personnel (such as overtime 
pay and costs for reserve deputies), costs of training of such 
personnel [and] equipment . . .'' Both bills require that these federal 
funds ``supplement, and may not supplant, State or local funds used for 
the same or similar purposes.''
  It is our intent in Section 607 of H.R. 4437 to authorize federal 
funds appropriated by Congress and sent by the Department of Justice to 
border sheriffs or a coalition of border sheriffs to be used to hire, 
train, pay and fully equip additional deputy sheriffs and reserve 
deputies whose duties include in whole or in part ``detaining, housing 
. . . transporting [and] transfer[ing] aliens who are not lawfully 
present in the United States.'' We agree with the traditional legal and 
common sense definition that a person is detained from the moment their 
``freedom of movement [is] restricted.'' U.S. v. Thomas, 250 F. Supp. 
771, (S.D.N.Y. 1966), also see Henry v. U.S., 80 S. Ct. 168 (U.S. 
1959).
  Therefore, a border county sheriff can use these funds to hire, 
train, pay and fully equip additional deputy sheriffs and reserve 
deputies whose duties include patrolling the border regions of their 
county, supporting the work of the U.S. Customs Border Protection 
patrols and who detain aliens who are not lawfully present in the U.S. 
in the course of their day to day law enforcement duties.
  We have attached to this letter clarifying our legislative intent the 
proposed budgets prepared by the border sheriffs in Texas which detail 
the type of additional expenditures they anticipate will be necessary 
for them to fulfill their responsibilities under H.R. 4360 and Section 
607 of H.R. 4437. These are precisely the types of additional 
expenditures which we intend to authorize under Section 607 of H.R. 
4437, and we want the Appropriations Committee and the Department of 
Justice to do what is necessary to ensure that the border sheriffs are 
promptly reimbursed or paid in advance for expenses like these.
  We authored this legislation to ensure a steady, predictable and 
sufficient flow of federal funds to help border sheriffs hire and equip 
additional deputies, and build, maintain and operate enough additional 
bed space, to detain, arrest, house and transport aliens who are not 
lawfully present in the United States. This work by the border sheriffs 
will be done in support of and in coordination with the USCBP along the 
lines of ``Operation Hold the Line,'' ``Operation Stone Garden,'' and 
the current ``Operation Linebacker'' which has been proposed by the 
Texas Border Sheriffs Coalition.
  These border counties are largely rural and do not have a tax base or 
a local revenue source large enough to hire enough additional deputies 
or build, maintain and operate enough additional bed space to keep up 
with the growing tide of lawless criminals and narco-terrorists 
crossing our southern border. These federal funds are indispensable to 
enable these border sheriffs to help USCBP protect our southern 
international border.

                          Cameron County Sheriff's Department,

                                                  August 23, 2005.
       Mr. Gonzalez: The Cameron County Sheriff Department patrols 
     approximately a 35 mile stretch along the United States and 
     Mexican border. We have four international bridges in our 
     county. The Sheriffs Department is responsible for 
     approximately 40 miles of beach front in which the flow of 
     narcotics at this time is evidently being seen by a recent 
     number of narcotic seizures along the beaches. Cameron County 
     is also home to one of the largest ports in the State of 
     Texas which is better known as The Port of Brownsville.
       Our area has also seen an increase in illegal immigrant 
     smuggling and crossing. A high number of immigration arrests 
     have been made on Hondurans, Nicaraguans, and Brazilian. An 
     increase in arrests has recently been rising of a notorious 
     group called the Mara-Salvatrucha gang better known as MS-13. 
     This group has strong ties to terrorist groups and Al-Qaeda.
       To better protect our borders and provide support for our 
     local border patrol, we estimate the need of 20 additional 
     officers. The cost per officer includes vehicles, uniform, 
     weapons, radios, and gear. The per officer amount is 
     $70,633.00 for the first year at a total of $1,412,660.00. 
     The annual salary after the first year is $28,252.00 for a 
     total of $565,040 to follow on a yearly basis.
       Thank you and if you have any questions, phase contact me 
     at my office.
           Sincerely,
                                                    Captain Reyna.

                                         TEXAS BORDER SHERIFFS COALITION
                         [Proposed Budget to assist USBP in Border Security Protection]
----------------------------------------------------------------------------------------------------------------
                        Item description                             Unit cost     Qty requested    Total cost
----------------------------------------------------------------------------------------------------------------
Off Road Vehicle Ford F150 4X4..................................         $30,000               2         $60,000
Polaris 4X4 Quad runners........................................           8,000               2          16,000
16 ft Trailer...................................................           2,000               1           2,000
Night Vision Binoculars.........................................           2,000               2           4,000

[[Page 29174]]

 
Nikon 10X50 Binoculars..........................................          150.00               2          300.00
BlackHawk Night OPS Flashlights.................................          235.00               7         1645.00
AR1S A3 Tactical................................................         1000.00               7         7000.00
Protective Body Armor...........................................          500.00               7         3500.00
Hydra Storm Camel Backs.........................................          120.00               7          840.00
Mavica Digital Camera...........................................          500.00               2         1000.00
Overtime Existing Deputies......................................          30,000               1          30,000
GPS.............................................................          200.00               7        1,400.00
Heavy Duty Wear Tactical Uniform (Brush, Mountain)..............          300.00               7        2,100.00
Additional Deputies.............................................          30,000               4      120,000.00
        TOTAL...................................................  ..............  ..............      249,785.00
----------------------------------------------------------------------------------------------------------------

                              Webb County

       Twenty-seven (27) deputy sheriffs to patrol border--
     including salaries, fringe benefits, training @ $35,058 per 
     deputy--payroll plus fringe benefits and equipment for a 
     total of $1,370,957.
       Twenty-seven (27) vehicles @ $32,000 per vehicle for a 
     total of $865,000; Twenty-seven (27) mobile radios for patrol 
     units at $2,000 per radio--$54,000; Twenty-seven (27) laptop 
     computers for patrol units @ $1,500 per laptop--$41,000; 
     Yearly maintenance and fuel for vehicles--$3000 per vehicle 
     for a total of $81,000 (first year); Twenty-seven (27) Night 
     Vision Goggles--$3,000 each for a total of $81,000; Mobile 
     command center of $60,000; Heavy duty river boat and motor--
     $100,000; Body armor and sidearms, shotguns and auto 
     weapons--$98,000 plus ammo; Biohazard suits costs unknown; 
     Geographic information system $10,000 per year.
       *It should be noted that Webb County has been under the gun 
     by a cross-border war between drug cartels with violence 
     spilling over into the U.S. side; our needs are dire and our 
     manpower requirements are critical


                                         Sheriff's Department,

                                Sierra Blanca, TX, August 16 2005.
       Sheriff: Here is a list of Personnel and equipment that I 
     feel would help us assist the Border Patrol in maintaining a 
     secure Border for our Country. These items are the minimum we 
     could use. If you have any questions please give me a call.
       480,000--Vehicle and emergency equipment.
       22,500--Weapons and Flash lights.
       22,500--Lap tops.
       720,000--Salaries, Overtime and Benefits.
       10,000--Uniforms.
       21,000--Vehicles Insurance.
       150,000--Fuel per year.
       1,200--Lease on Building.
       12,000--Utilities.
       15,000--Phones.
       35,000--Vehicle Maintenance and Tire.
       100,000--Support Personnel dispatch and secretary.
       25,000--Supplies and Equipment.
       If you need more information please call.
           Sincerely,
                                                       Arvin West,
                                                          Sheriff.

                  Presidio County Sheriff's Department


                        OPERATING COST ESTIMATE

                              AUGUST 2005

       Salaries (Deputy Sheriff) w/3% increase for 2005.
       Base = 86 hours bi-weekly @ $12.32/hour = $1,059.52 bi-
     weekly 26 = $27,547.52.
       Social Security = 7.65% of $27,547.52 = $2,107.38.
       Retirement = 6.00% of $27,547.52 = $1,652.85.
       Insurance = $4,784.00.
       Unemployment = $239.66.
       Workers Compensation = $2,203.80.
       Overtime/Extra Duty Pay = 10 hours bi-weekly @ $18.48/hour 
     = $184.8026 = $4,804.80.
       Total Cost Per Deputy = $43,340.01.
       Total Cost for 15 Deputies = $650,100.15.
       Equipment (Needed for everyday operation).
       1 Vehicle (2005 Dodge 4x4 PIU) = $24,999.00.
       1 Two-Way Radio Motorola 100 Watt Mobile Unit = $3,675.00.
       1 Two-Way Radio Motorola 10 Watt Portable Unit = $3,750.00.
       1 Satellite Communications System w/Phone Unit = $2,750.00.
       1 Set of emergency lights for vehicle w/Siren = $1,200.00.
       1 Bushmaster Full Auto Carbine w/ammo = $1,000.00.
       1 Law Enforcement Camera System for vehicle = $3,999.00.
       1 Speed Radar unit = $1,300.00.
       1 Year's Supply Uniforms with badge and ID $500.00.
       1 Set Misc. Equipment (First Aid Kit, Mask Etc.) $250.00.
       1 T.C.L.E.O.S.E. Mandatory Training = $500.00.
       1 Monthly Fuel Cost = $400.00.
       Estimated Cost of Equipment per Deputy = $44,323.00.
       Estimated Cost of Equipment for 15 Deputies = $664,845.00.
       Total Operating Cost per Deputy = $87,663.01.
       Total Operating Cost for 15 Deputies = $1,314,945.15.
       FYI--These numbers are based on a 2005 current price list 
     and may change at anytime and without notice.
  Mrs. MALONEY. Mr. Chairman, I rise today in opposition to the so-
called Border Protection, Antiterrorism, and Illegal Immigration 
Control Act of 2005, H.R. 4437. I am deeply concerned with this 
legislation because it fails to seriously address our Nation's true 
immigration problems.
  Our nation's immigration system needs a serious overhaul, but this is 
not it. This is a bill that has been rushed to the floor, about a week 
after it was introduced and after only one committee hearing that later 
discharged the bill on a party line vote. For an issue as important as 
this, we should work together, we should work towards consensus, we 
should take the time it takes to get it right. Instead, the Republican 
leadership is more interested in passing legislation that may look good 
on a press release, but does not solve our immigration problems and is 
not realistic.
  If the Republican leadership was serious about securing our borders 
and preventing the entry of undocumented immigrants, they would fully 
fund the additional 10,000 border agents that we authorized when we 
passed the Intelligence Reform and Terrorism Prevention Act, Public Law 
108-458, last year. The addition of these agents, which had broad 
bipartisan support, was a provision that would have a direct impact on 
securing both our Southern and Northern borders and had broad 
bipartisan support. However, when it comes time to fund these 
additional agents, Congress consistently comes up short.
  This bill is strongly opposed by a broad range of organizations such 
as U.S. Chamber of Commerce, American Immigration Lawyers Association, 
American Farm Bureau, National Association of Homebuilders, Catholic 
Charities USA, Associated Builders and Contractors, United Auto 
Workers, among others. This broad coalition of organizations and 
interest groups understands that H.R. 4437 is not a solution to our 
existing immigration problem and in fact may exacerbate it.
  I urge my colleagues to oppose this bill.
  Mr. UDALL of New Mexico. Mr. Chairman, I rise today in opposition to 
H.R. 4437, the Border Protection, Antiterrorism, and Illegal 
Immigration Control Act of 2005.
  The bill before us today is an unprecedented assault on both 
documented and undocumented immigrants. It creates policies that are 
burdensome and that threaten those legitimately seeking asylum.
  It also creates new burdens on business. For example, the bill 
requires all employers to verify within two years that all of their new 
hires are in the U.S. legally. Those employers would have to verify the 
immigration status of all employees within six years. Not only is it 
extremely discriminatory to question the legal status of every new 
employee, this verification system also places an extremely 
unreasonable burden on the private sector--both large and small 
businesses. Instead of creating a new level of bureaucracy for our 
business owners to have to follow, we just should enforce the laws that 
we already have in place.
  The bill also expands mandatory detention of immigrants, including 
women and children who come to the United States seeking asylum. Some 
of these people have been subject to crimes inconceivable to most 
Americans, and could be subject to even more egregious violations 
should they be denied asylum. We should not pass legislation that 
prevents refugees and others seeking persecution from finding safety in 
our country.
  The bill also includes a provision requiring the construction of 
security fencing along portions of our southern border that have high 
rates of illegal border crossing, with one of these sections being in 
my home state of New Mexico. This provision alone creates a false sense 
of security. Building this fence will not stop the flow of undocumented 
immigrants into this country--it will only force them to take another 
route. Additionally, we are not in a position to know what the 
environmental impact would be on a project of this size. It could 
severely affect those millions of acres of land surrounding the border, 
as well as the wildlife living upon it.
  This bill misses the mark completely, by its arbitrary and burdensome 
provisions. We all agree that we need to reform our immigration system. 
However, Congress missed an opportunity to pass comprehensive 
immigration reform.
  Mr. TERRY. Mr. Chairman, I believe that America is at its best when 
we welcome people from other countries, other cultures and possessing 
diverse skill sets. I believe that, in fact, this strengthens our 
country.
  I need only to go back a couple of generations to see this in my 
family, who immigrated to this amazing country from Ireland and Eastern 
Europe.
  But my ancestors came legally and that is the question, in part, 
before us today. We have lost control of both our northern and southern 
borders, our maritime border is porous and anyone with the most 
innocent or worst of intentions can walk or drive into the United 
States and assimilate into our communities.

[[Page 29175]]

  This illegal immigration must be stopped.
  Securing our border is the proper first step. This Act authorizes a 
thousand new border patrol agents and properly equips them with modern 
technology. More needs to be done to properly secure our ports of entry 
along our east and west coasts and our northern and southern borders. 
For the many agencies involved this is a large but very important task.
  Employers are provided better means to information, allowing them to 
determine whether or not the potential hire is properly documented. 
This Act also places some responsibility on employers to make such a 
determination.
  We must revise our current laws to allow legal and secure 
immigration.
  I am disappointed that this bill doesn't include a sensible, 
nonamnesty guest-worker provision. We have the opportunity to take the 
lead on this aspect of immigration policy and it would be a mistake to 
ignore it.
  A good guest-worker statute recognizes that folks from around the 
world and yes, from Mexico, desire to work in the United States to earn 
good wages to help their families, and these workers add to the value 
of our country and its economy.
  A guest-worker statute should ensure that the guest-worker is not a 
criminal, is not associated with a terrorist organization, is healthy 
and has an employer-sponsor. The employer must have some responsibility 
to actually hire this person for the entire duration of the worker's 
time in the United States and notify the proper agency if the worker 
changes or leaves the employer.
  As the great nation we are, we should welcome those who want to 
contribute and not accept those who refuse to live under our rule of 
law.
  Mr. ISRAEL. Mr. Chairman, I am disappointed that I must rise today in 
opposition to H.R. 4437, the Border Protection, Antiterrorism and 
Illegal Immigration Control Act. I am enormously concerned with our 
Nation's lack of border security and the dysfunctional nature of our 
current immigration system. Our Nation's immigration laws are 
disrespected both by those who cross our borders illegally and by the 
businesses that hire those illegal immigrants. Unfortunately, the 
legislation we are considering today does little to realistically solve 
these problems. I'm saddened to say that it is based not on policy, but 
on politics.
  I support important amendments to this bill that will help secure our 
borders and cut down on illegal immigration. For instance, I support 
the amendment offered by Representative Hunter of California requiring 
the construction of reinforced fencing, along with lights, cameras and 
sensors, along high priority areas of the U.S.-Mexican border. 
Additionally, I support the amendment offered by Representative Norwood 
of Georgia that authorizes and empowers local law enforcement officials 
to help enforce immigration laws.
  However, this legislation addresses only half the problem our Nation 
currently faces. Nearly 11 million undocumented immigrants currently 
live within our borders. That's 11 million people living in the shadows 
whom we know next to nothing about. This legislation criminalizes these 
11 million people, pushing them further into the shadows, and does not 
consider the impact this will have on our legal system. For instance, 
this bill does not address the number of pro-bono, taxpayer funded 
attorneys these immigrants will need to fight their criminal charges in 
court nor does it address the hundreds of new prisons that would need 
to be built in order to house 11 million new criminal aliens.
  Ultimately, I support a comprehensive immigration policy that is good 
for families, national security and the economy. Comprehensive 
immigration legislation introduced by Senator John McCain of Arizona 
would substantially secure our Nation's borders. Beyond that, it would 
fine those immigrants already here illegally and punish employers that 
hire illegal immigrants. However, it would also give the 11 million 
undocumented immigrants in our country, along with others who are not 
yet in the U.S. but who hope to one day live and work here legally, a 
chance to earn legal status. After paying a fine, proving they have 
been employed in the United States and undergoing a background check, 
immigrants living here illegally prior to the enactment of the bill 
would be eligible to apply for a new, non-immigrant visa, and after six 
years given an option to apply for permanent residency. Additionally, 
an essential worker visa category, with market-based caps, would be 
established for new immigrants. These immigrants would be given the 
option to apply for permanent citizenship after four years.
  The McCain bill punishes illegal immigrants for breaking the law but 
also acknowledges that we cannot act as though we have solved our 
immigration problem by ignoring the 11 million illegal immigrants 
already living in our country. As my votes on the Hunter and Norwood 
amendments prove, I support strong enforcement of our immigration laws 
and measures to make our borders more secure. But I believe that the 
only way to fix our broken immigration system is to ensure that, beyond 
enforcement, we take a realistic approach and acknowledge the 
immigrants currently living within our borders and those that will 
likely wish to come in the future.
  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.

                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.

[[Page 29176]]

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)).

                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

[[Page 29177]]

     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.

     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

[[Page 29178]]

     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.

     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

[[Page 29179]]

     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 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.

[[Page 29180]]



     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.'';
       (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

[[Page 29181]]

       (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

[[Page 29182]]

     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 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

[[Page 29183]]

     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.
       (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

[[Page 29184]]

     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, 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

[[Page 29185]]

     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).
       ``(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

[[Page 29186]]

       (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 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.

[[Page 29187]]



                     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 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,

[[Page 29188]]

     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 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

[[Page 29189]]

     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 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

[[Page 29190]]

     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- 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--

[[Page 29191]]

       ``(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;
       ``(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

[[Page 29192]]

       (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.
       (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

[[Page 29193]]

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 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

[[Page 29194]]


     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
     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.

                          ____________________