[House Report 109-347]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-347

======================================================================



 
     PROVIDING FOR CONSIDERATION OF H.R. 4437, BORDER PROTECTION, 
       ANTITERRORISM, AND ILLEGAL IMMIGRATION CONTROL ACT OF 2005

                                _______
                                

  December 15 (legislative day, December 14), 2005.--Referred to the 
                House Calendar and ordered to be printed

                                _______
                                

   Mr. Gingrey, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 610]

    The Committee on Rules, having had under consideration 
House Resolution 610, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 4437, the 
Border Protection, Antiterrorism, and Illegal Immigration 
Control Act of 2005, under a structured rule. The rule provides 
two hours of general debate equally divided among and 
controlled by the chairman and ranking minority member of the 
Committee on the Judiciary and the chairman and ranking 
minority member of the Committee on Homeland Security. The rule 
waives all points of order against consideration of the bill.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on the Judiciary now 
printed in the bill, modified by the amendment printed in part 
A of this report, shall be considered as adopted in the House 
and in the Committee of the Whole and shall be considered as 
read. The rule waives all points of order against the bill, as 
amended.
    The rule makes in order only those amendments printed in 
part B of this report. The rule provides that the amendments 
printed in part B of this report may be offered only in the 
order printed in this report, may be offered only by a Member 
designated in this report, shall be considered as read, shall 
be debatable for the time specified in this report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question in the House or in the 
Committee of the Whole. The rule waives all points of order 
against the amendments printed in part B of this report.
    Finally, the rule provides that, after disposition of the 
amendments printed in part B of this report, the Committee of 
the Whole shall rise without motion and no further 
consideration of the bill shall be in order except by a 
subsequent order of the House.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill includes a waiver of clause 4(a) of rule XIII 
(requiring a three-day layover of the committee report). The 
waiver is necessary because the Committee on the Judiciary 
filed its report (H. Rept. 109-345, Part I) with the House on 
the legislative day of Tuesday, December 13, 2005 and the bill 
may be considered by the House as early as the legislative day 
of Thursday, December 15, 2005.

           PART A--SUMMARY OF AMENDMENT CONSIDERED AS ADOPTED

    (Summary of amendment derived from information provided by 
the sponsor.)
    Thomas--No. 131: Authorizes the Commissioner of Social 
Security to perform activities with respect to carrying out the 
Commissioner's responsibilities in title VII, Employment 
Eligibility Verification, but only to the extent the Secretary 
of Homeland Security has provided, in advance, funds to cover 
the Commissioner's full costs in carrying out such 
responsibilities. Prohibits funds from the Federal Old-Age and 
Survivors Insurance Trust Fund or the Federal Disability 
Insurance Trust Fund from being used to carry out such 
responsibilities.

       PART B--SUMMARY OF AMENDMENT MADE IN ORDER UNDER THE RULE

    (Summaries of amendments derived from information provided 
by the sponsors.)
    1. Carter--No. 38: Requires the Secretary of Homeland 
Security to include satellite communications in the plan 
authorized by Section 106 of H.R. 4473. (10 minutes)
    2. Gohmert--No. 9: Directs the Inspector General to refer 
any instances of misconduct or wrongdoing on a contract to the 
Secretary of the Department of Homeland Security or other 
appropriate official for the purpose of evaluating whether or 
not suspension or debarment of the contractor is warranted. (10 
minutes)
    3. Johnson, Sam (TX)--No. 26: Sense of Congress that the 
President, Attorney General, Secretary of State, Secretary of 
Homeland Security and other Department Secretaries should 
immediately use every tool available to them to enforce the 
immigration laws of the U.S., as enacted by Congress. (10 
minutes)
    4. Renzi--No. 77: States that all uniforms procured for use 
by Border Patrol agents are to be made in the United States. 
(10 minutes)
    5. Castle--No. 16: Requires DHS to submit a timeline for: 
(1) equipping all land borders with the US-VISIT entry/exit 
system; (2) developing and deploying the exit component of the 
US-VISIT system at all land borders; and (3) making all border 
screening systems operated by the Department interoperable. (10 
minutes)
    6. Gingrey--No. 130: Suspends the Visa Waiver Program until 
the automated entry-exit program is operational and until ports 
of entry have functional biometric machine readers. (10 
minutes)
    7. Campbell--No. 59: Amends Section 642 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 by 
replacing ``Immigration and Naturalization Service'' with 
``Department of Homeland Security'' and enforces Section 642 by 
stating that the Attorney General shall not provide any grant 
amount to any Federal, State, or local government agency or 
entity that violates the Act (which states that any government 
official or entity may not be prohibited from sending 
information to DHS regarding the citizenship or immigration 
status of any individual). (10 minutes)
    8. Jackson-Lee--No. 7: Provides guidelines for implementing 
the secured alternatives to detention provision in section 
402(a). (10 minutes)
    9. Castle--No. 17: Requires the Department of Homeland 
Security to report to Congress on: (1) the number of illegal 
aliens from noncontiguous countries who are apprehended at or 
between ports of entry; (2) the number of such aliens that have 
been deported; and (3) the number of such aliens from countries 
identified as sponsors of terrorism. Also encourages the 
Department to develop a strategy for entering the appropriate 
background information of illegal aliens from countries 
sponsoring terrorism into appropriate security screening watch 
lists. (10 minutes)
    10. Brown-Waite--No. 51: Inserts a new section declaring 
that Congress condemns rapes by smugglers along the 
international land border of the U.S. and urges in the 
strongest possible terms the government of Mexico to work in 
coordination with the U.S. Customs and Border Protection of the 
Department of Homeland Security to take immediate action to 
prevent such rapes from occurring. (10 minutes)
    11. Hunter/Dreier/Royce/Goode/Gingrey--No. 113: Mandates 
the construction of specific security fencing, including lights 
and cameras, along the Southwest border for the purposes of 
gaining operational control of the border. Fencing has been 
designated in sectors that have the highest number of immigrant 
deaths, instances of drug smuggling and illegal border 
crossings. Includes a requirement for the Secretary of Homeland 
Security to conduct a study on the use of physical barriers 
along the Northern border. (20 minutes)
    12. DeFazio/Lungren--No. 47: Directs Customs and Border 
Protection (CPB) to conduct a pilot program to evaluate the use 
of automated systems for immediate prescreening of individual 
airline passengers bound for the U.S. before they board a 
plane. Pilot would use at least one airline in two foreign 
airports and evaluate up to three automated systems. CBP would 
be required to report to Congress no later than 30 days after 
completion of the pilot and provide a plan to fully deploy the 
most preferable prescreening system no later than January 1, 
2007. (10 minutes)
    13. Hayworth--No. 95: Increases the number of employment-
based visas available through a reduction in other non-
employment-based immigration categories. (10 minutes)
    14. Goodlatte/Herseth--No. 37: Eliminates the visa lottery 
program. (10 minutes)
    15. Filner--No. 45: Makes technical changes to the current 
statue governing the distribution of fraudulent documents. The 
statue does not mention ``distribution'' of illegal documents, 
which applies to the re-sale or sale of fraudulent documents. 
By adding distribution to the criminal code those convicted of 
distributing illegal documents will be held to the same 
penalties as those who create, alter, or falsify any 
immigration related documeNt. (10 minutes)

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 138

    Date: December 15, 2005 (Legislative day of December 14, 
2005).
    Measure: H.R. 4437, the Border Protection, Antiterrorism, 
and Illegal Immigration Control Act of 2005.
    Motion by: Mrs. Slaughter.
    Summary of motion: To strike the unfunded mandates waiver 
(clause 11 of rule XVIII) from the rule.
    Results: Defeated 4 to 8.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Gingrey--
Nay; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 139

    Date: December 15, 2005 (Legislative day of December 14, 
2005).
    Measure: H.R. 4437, the Border Protection, Antiterrorism, 
and Illegal Immigration Control Act of 2005.
    Motion by: Mrs. Slaughter.
    Summary of motion: To not report the rule.
    Results: Defeated 4 to 8.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Gingrey--
Nay; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 140

    Date: December 15, 2005 (Legislative day of December 14, 
2005).
    Measure: H.R. 4437, the Border Protection, Antiterrorism, 
and Illegal Immigration Control Act of 2005.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Kolbe, 
which maintains the enforcement and security provisions in the 
Border Protection, Antiterrorism, and Illegal Immigration 
Control Act and adds provisions of the Secure America and 
Orderly Immigration Act (H.R. 2330/S. 1033), including State 
Criminal Alien Assistance, the Essential Worker Visa Program, 
Family Unity and Backlog Reduction, Adjustment of Status for 
Undocumented Immigrants, Protection Against Immigration Fraud, 
and Civics Integration.
    Results: Defeated 5 to 7.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Yea; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Gingrey--
Nay; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Matsui--Yea; Dreier--Nay.

         PART A--TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED

  At the end of title VII, add the following new section:

SEC. 710. LIMITATION ON VERIFICATION RESPONSIBILITIES OF COMMISSIONER 
                    OF SOCIAL SECURITY.

  The Commissioner of Social Security is authorized to perform 
activities with respect to carrying out the Commissioner's 
responsibilities in this title or the amendments made by this 
title, but only to the extent (except for the purpose of 
carrying out section 707) the Secretary of Homeland Security 
has provided, in advance, funds to cover the Commissioner's 
full costs in carrying out such responsibilities. In no case 
shall funds from the Federal Old-Age and Survivors Insurance 
Trust Fund or the Federal Disability Insurance Trust Fund be 
used to carry out such responsibilities.
                              ----------                              


                PART B--TEXT OF AMENDMENTS MADE IN ORDER


1. An Amendment To Be Offered by Representative Carter of Texas, or His 
                   Designee, Debatable for 10 Minutes

  In section 106, in the matter preceding paragraph (1), strike 
``communication capabilities'' and insert ``communication 
capabilities, including the specific use of satellite 
communications''
                              ----------                              


 2. An Amendment To Be Offered by Representative Gohmert of Texas, or 
                 His Designee, Debatable for 10 Minutes

  At the end of section 109, add the following new subsection:
  (e) Action by Inspector General.--In the event the Inspector 
General becomes aware of any improper conduct or wrongdoing in 
accordance with the contract review required under subsection 
(a), the Inspector General shall, as expeditiously as 
practicable, refer information related to such improper conduct 
or wrongdoing to the Secretary of Homeland Security or other 
appropriate official in the Department of Homeland Security for 
purposes of evaluating whether to suspend or debar the 
contractor.
                              ----------                              


 3. An Amendment To Be Offered by Representative Sam Johnson of Texas, 
               or His Designee, Debatable for 10 Minutes

  At the end of title I, insert the following:

SEC. 118. SENSE OF CONGRESS REGARDING ENFORCEMENT OF IMMIGRATION LAWS.

  (a) Findings.--Congress finds the following:
          (1) A primary duty of the Federal Government is to 
        secure the homeland and ensure the safety of United 
        States citizens and lawful residents.
          (2) As a result of the terrorist attacks on September 
        11, 2001, perpetrated by al Qaida terrorists on United 
        States soil, the United States is engaged in a Global 
        War on Terrorism.
          (3) According to the National Commission on Terrorist 
        Attacks Upon the United States, up to 15 of the 9/11 
        hijackers could have been intercepted or deported 
        through more diligent enforcement of immigration laws.
          (4) Four years after those attacks, there is still a 
        failure to secure the borders of the United States 
        against illegal entry.
          (5) The failure to enforce immigration laws in the 
        interior of the United States means that illegal aliens 
        face little or no risk of apprehension or removal once 
        they are in the country.
          (6) If illegal aliens can enter and remain in the 
        United States with impunity, so, too, can terrorists 
        enter and remain while they plan, rehearse, and then 
        carry out their attacks.
          (7) The failure to control and to prevent illegal 
        immigration into the United States increases the 
        likelihood that terrorists will succeed in launching 
        catastrophic or harmful attacks on United States soil.
          (8) There are numerous immigration laws that are 
        currently not being enforced.
          (9) Law enforcement officers are often discouraged 
        from enforcing the law by superiors.
  (b) Sense of Congress.--It is the sense of Congress that the 
President, the Attorney General, Secretary of State, Secretary 
of Homeland Security, and other Department Secretaries should 
immediately use every tool available to them to enforce the 
immigration laws of the United States, as enacted by Congress.
                              ----------                              


 4. An Amendment To Be Offered by Representative Renzi of Arizona, or 
                 His Designee, Debatable for 10 Minutes

  Add at the end of title I the following new section:

SEC. 118. SECURING ACCESS TO BORDER PATROL UNIFORMS.

  Notwithstanding any other provision of law, all uniforms 
procured for the use of Border Patrol agents shall be 
manufactured in the United States substantially all from 
articles, materials, or supplies mined, produced, or 
manufactured, as the case may be, in the United States.
                              ----------                              


5. An Amendment To Be Offered by Representative Castle of Delaware, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title I, inset the following new section:

SEC. 118. US-VISIT.

  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 timeline 
for--
          (1) equipping all land border ports of entry with the 
        US-VISIT system;
          (2) developing and deploying at all land border ports 
        of entry the exit component of the US-VISIT system; and
          (3) making interoperable all immigration screening 
        systems operated by the Department of Homeland 
        Security.
                              ----------                              


6. An Amendment To Be Offered by Representative Gingrey of Georgia, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title I, insert the following new section:

SEC. 118. SUSPENSION OF VISA WAIVER PROGRAM.

  (a) In General.--Notwithstanding any other provision of law, 
the visa waiver program established under section 217 of the 
Immigration and Nationality Act (8 U.S.C. 1187)is hereby 
suspended until such time as the Secretary of Homeland Security 
determines and certifies to Congress that--
          (1) the automated entry-exit control system 
        authorized under section 110 of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1221 note) is fully implemented and functional;
          (2) all United States ports of entry have functional 
        biometric machine readers; and
          (3) all nonimmigrants, including Border Crossing Card 
        holders, are processed through the automated entry-exit 
        control system.
  (b) Repeal.--Subparagraph (B) of section 217(a)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1187(a)(3)) is hereby 
repealed.
                              ----------                              


7. An Amendment To Be Offered by Representative Campbell of California, 
               or His Designee, Debatable for 10 Minutes

  At the end of title III, add the following:

SEC. 308. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE DEPARTMENT 
                    OF HOMELAND SECURITY.

  (a) In General.--Section 642 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) 
is amended--
          (1) by striking ``Immigration and Naturalization 
        Service'' and inserting ``Department of Homeland 
        Security'' each place it appears; and
          (2) by adding at the end the following:
  ``(d) Enforcement.--
          ``(1) Ineligibility for federal law enforcement 
        aid.--Upon a determination that any person, or any 
        Federal, State, or local government agency or entity, 
        is in violation of subsection (a) or (b), the Attorney 
        General shall not provide to that person, agency, or 
        entity any grant amount pursuant to any law enforcement 
        grant program carried out by any element of the 
        Department of Justice, including the program under 
        section 241(i) of the Immigration and Nationality Act 
        (8 U.S.C. 241(i)), and shall ensure that no such grant 
        amounts are provided, directly or indirectly, to such 
        person, agency, or entity. In the case of grant amounts 
        that otherwise would be provided to such person, 
        agency, or entity pursuant to a formula, such amounts 
        shall be reallocated among eligible recipients.
          ``(2) Violations by government officials.--In any 
        case in which a Federal, State, or local government 
        official is in violation of subsection (a) or (b), the 
        government agency or entity that employs (or, at the 
        time of the violation, employed) the official shall be 
        subject to the sanction under paragraph (1).
          ``(3) Duration.--The sanction under paragraph (1) 
        shall remain in effect until the Attorney General 
        determines that the person, agency, or entity has 
        ceased violating subsections (a) and (b).''.
  (b) Effective Date.--The amendments made by subsection (a) 
shall apply to grant requests pending on or or after the date 
of the enactment of this Act.
                              ----------                              


 8. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
               or Her Designee, Debatable for 10 Minutes

  Amend section 402 to read as follows:

SEC. 402. EXPANSION AND EFFECTIVE MANAGEMENT OF DETENTION FACILITIES.

  (a) In General.--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 (in accordance with 
        subsection (b)).
  (b) Secure Alternatives to Detention Program.--
          (1) Nature of the program.--For purposes of this 
        section, the secure alternatives to detention referred 
        to in subsection (a) is a program under which eligible 
        aliens are released to the custody of suitable 
        individual or organizational sponsors who will 
        supervise them, use appropriate safeguards to prevent 
        them from absconding, and ensure that they make 
        required appearances.
          (2) Program development.--The program shall be 
        developed in accordance with the following guidelines:
                  (A) The Secretary shall design the program in 
                consultation with nongovernmental organizations 
                and academic experts in both the immigration 
                and the criminal justice fields. Consideration 
                should be given to methods that have proven 
                successful in appearance assistance programs, 
                such as the appearance assistance program 
                developed by the Vera Institute and the 
                Department of Homeland Security's Intensive 
                Supervision Appearance Program.
                  (B) The program shall utilize a continuum of 
                alternatives based on the alien's need for 
                supervision, including placement of the alien 
                with an individual or organizational sponsor, a 
                supervised group home, or in a supervised, non-
                penal community setting that has guards 
                stationed along its perimeter.
                  (C) The Secretary shall enter into contracts 
                with nongovernmental organizations and 
                individuals to implement the secure 
                alternatives to detention program.
  (c) Eligibility and Operations.--
          (1) Selection of participants.--The Secretary shall 
        select aliens to participate in the program from 
        designated groups specified in paragraph (4) if the 
        Secretary determines that such aliens are not flight 
        risks or dangers to the community.
          (2) Voluntary participation.--An alien's 
        participation in the program is voluntary and shall not 
        confer any rights or benefits to the alien under the 
        Immigration and Nationality Act (8 U.S.C. 1101 et 
        seq.).
          (3) Limitation on participation.--
                  (A) In general.--Only aliens who are in 
                expedited removal proceedings under section 236 
                of the Immigration and Nationality Act (8 
                U.S.C. 1226) may participate in the program.
                  (B) Rules of construction.--
                          (i) Aliens applying for asylum.--
                        Aliens who have established a credible 
                        fear of persecution and have been 
                        referred to the Executive Office for 
                        Immigration Review for an asylum 
                        hearing shall not be considered to be 
                        in expedited removal proceedings and 
                        the custody status of such aliens after 
                        service of a Notice to Appear shall be 
                        determined in accordance with the 
                        procedures governing aliens in removal 
                        proceedings under section 240 of such 
                        Act (8 U.S.C. 1229a).
                          (ii) Unaccompanied alien children.--
                        Unaccompanied alien children (as 
                        defined in section 462(g)(2) of the 
                        Homeland Security Act (6 U.S.C. 
                        279(g)(2))) shall be considered to be 
                        in the care and exclusive custody of 
                        the Department of Health and Human 
                        Services and shall not be subject to 
                        expedited removal and shall not be 
                        permitted to participate in the 
                        program.
          (4) Designated groups.--The designated groups 
        referred to in paragraph (1) are the following:
                  (A) Alien parents who are being detained with 
                one or more of their children, and their 
                detained children.
                  (B) Aliens who have serious medical or mental 
                health needs.
                  (C) Aliens who are mentally retarded or 
                autistic.
                  (D) Pregnant alien women.
                  (E) Elderly aliens who are over the age of 
                65.
                  (F) Aliens placed in expedited removal 
                proceedings after being rescued from 
                trafficking or criminal operations by 
                Government authorities.
                  (G) Other groups designated in regulations 
                promulgated by the Secretary.
          (5) Implementing regulations.--Not later than 180 
        days after the date of the enactment of this Act, the 
        Secretary shall promulgate regulations to implement the 
        secure alternatives to detention program and to 
        standardize the care and treatment of aliens in 
        immigration custody based on the Detention Operations 
        Manual of the Department of Homeland Security.
          (6) Decisions regarding program not reviewable.--The 
        decisions of the Secretary regarding when to utilize 
        the program and to what extent and the selection of 
        aliens to participate in the program shall not be 
        subject to administrative or judicial review.
  (d) Reporting Requirements.--Not later than 180 days after 
the date of the enactment of this Act and annually thereafter, 
the Secretary shall submit to the Committee on Homeland 
Security of the House of Representatives, the Committee on the 
Judiciary of the House of Representatives, the Committee on 
Homeland Security and Governmental Affairs of the Senate, and 
the Committee on the Judiciary of the Senate a report that 
details all policies, regulations, and actions taken to comply 
with the provisions in this section, including maximizing 
detention capacity and increasing the cost-effectiveness of 
detention by implementing the secure alternatives to detention 
program, and a description of efforts taken to ensure that all 
aliens in expedited removal proceedings are residing under 
conditions that are safe, secure, and healthy.
  (e) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary of Homeland Security such sums 
as may be necessary to carry out this section. Amounts 
appropriated pursuant to this section shall remain available 
until expended.
                              ----------                              


9. An Amendment To Be Offered by Representative Castle of Delaware, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title IV, insert the following new section:

SEC. 408. REPORT ON APPREHENSION AND DETENTION OF CERTAIN ALIENS.

  (a) Report Required.--Not later than two years after the date 
of the enactment of this Act, the Secretary of Homeland 
Security shall submit to Congress a report on--
          (1) the number of illegal aliens from noncontiguous 
        countries who are apprehended at or between ports of 
        entry since the date of enactment of this Act;
          (2) the number of such aliens who have been deported 
        since the date of enactment of this Act; and
          (3) the number of such aliens from countries the 
        governments of which the Secretary of State has 
        determined, for purposes section 6(j)(1)(A) of the 
        Export Administration Act of 1979 (as in effect 
        pursuant to the International Emergency Economic Powers 
        Act; 50 U.S.C. 1701 et seq.), section 40(d) of the Arms 
        Export Control Act (22 U.S.C. 2780(d)), section 620A of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or 
        other provision of law, are governments that have 
        repeatedly provided support for acts of international 
        terrorism.
  (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Homeland Security should develop a strategy for 
entering into appropriate security screening watch lists the 
appropriate background information of illegal aliens from 
countries described in paragraph (3) of subsection (a).
                              ----------                              


    10. An Amendment To Be Offered by Representative Brown-Waite of 
           Florida, or Her Designee, Debatable for 10 Minutes

  At the end of title VI, insert the following new section:

SEC. 615. DECLARATION OF CONGRESS.

  Congress condemns rapes by smugglers along the international 
land border of the United States and urges in the strongest 
possible terms the Government of Mexico to work in coordination 
with United States Customs and Border Protection of the 
Department of Homeland Security take immediate action to 
prevent such rapes from occurring.
                              ----------                              


11. An Amendment To Be Offered by Representative Hunter of California, 
               or His Designee, Debatable for 20 Minutes

  At the end of the bill, add the following:

        TITLE IX--FENCING AND OTHER BORDER SECURITY IMPROVEMENTS

SEC. 901. FINDINGS.

  The Congress finds the following:
          (1) Hundreds of people die crossing our international 
        border with Mexico every year.
          (2) Illegal narcotic smuggling along the Southwest 
        border of the United States is both dangerous and 
        prolific.
          (3) Over 155,000 non-Mexican individuals were 
        apprehended trying to enter the United States along the 
        Southwest border in fiscal year 2005.
          (4) The number of illegal entrants into the United 
        States through the Southwest border is estimated to 
        exceed one million people a year.

SEC. 902. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS IN BORDER 
                    AREA FROM PACIFIC OCEAN TO GULF OF MEXICO.

  Section 102(b) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 
U.S.C. 1103 note) is amended--
          (1) in the subsection heading by striking ``Near San 
        Diego, California''; and
          (2) by amending paragraph (1) to read as follows:
          ``(1) Security features.--
                  ``(A) Reinforced fencing.--In carrying out 
                subsection (a), the Secretary of Homeland 
                Security shall provide for least 2 layers of 
                reinforced fencing, the installation of 
                additional physical barriers, roads, lighting, 
                cameras, and sensors--
                          ``(i) extending from 10 miles west of 
                        the Tecate, California, port of entry 
                        to 10 miles east of the Tecate, 
                        California, port of entry;
                          ``(ii) extending from 10 miles west 
                        of the Calexico, California, port of 
                        entry to 5 miles east of the Douglas, 
                        Arizona, port of entry;
                          ``(iii) extending from 5 miles west 
                        of the Columbus, New Mexico, port of 
                        entry to 10 miles east of El Paso, 
                        Texas;
                          ``(iv) extending from 5 miles 
                        northwest of the Del Rio, Texas, port 
                        of entry to 5 miles southeast of the 
                        Eagle Pass, Texas, port of entry; and
                          ``(v) extending 15 miles northwest of 
                        the Laredo, Texas, port of entry to the 
                        Brownsville, Texas, port of entry.
                  ``(B) Priority areas.--With respect to the 
                border described--
                          ``(i) in subparagraph (A)(ii), the 
                        Secretary shall ensure that an 
                        interlocking surveillance camera system 
                        is installed along such area by May 30, 
                        2006 and that fence construction is 
                        completed by May 30, 2007; and
                          ``(ii) in subparagraph (A)(v), the 
                        Secretary shall ensure that fence 
                        construction from 15 miles northwest of 
                        the Laredo, Texas port of entry to 15 
                        southeast of the Laredo, Texas port of 
                        entry is completed by December 31, 
                        2006.
                  ``(C) Exception.--If the topography of a 
                specific area has an elevation grade that 
                exceeds 10%, the Secretary may use other means 
                to secure such area, including the use of 
                surveillance and barrier tools. ''.

SEC. 903. NORTHERN BORDER STUDY.

  (a) In General.--The Secretary of Homeland Security shall 
conduct a study on the construction of a state-of-the-art 
barrier system along the northern international land and 
maritime border of the United States and shall include in the 
study--
          (1) the necessity of constructing such a system; and
          (2) the feasibility of constructing the system.
  (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
report to the Congress on the study described in subsection 
(a).

SEC. 904. SENSE OF THE CONGRESS.

  It is the sense of the Congress that the Secretary of 
Homeland Security shall take all necessary steps to secure the 
Southwest international border for the purpose of saving lives, 
stopping illegal drug trafficking, and halting the flow of 
illegal entrants into the United States.
                              ----------                              


12. An Amendment To Be Offered by Representative DeFazio of Oregon, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following (and conform the 
table of contents accordingly):

                TITLE __--PRESCREENING OF AIR PASSENGERS

SEC. __. 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 to 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, and computer security issues.
          (5) A plan to fully deploy the best-performing and 
        most efficient system tested by not later than January 
        1, 2007.
                              ----------                              


 13. An Amendment To Be Offered by Representative Hayworth of Arizona, 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill, insert the following:

                  TITLE IX--AMENDMENTS TO VISA NUMBERS

SEC. 901. ELIMINATION OF FAMILY 4TH PREFERENCE VISA CATEGORY FOR ADULT 
                    SIBLINGS OF CITIZENS.

  (a) In General.--Section 203(a) of the Immigration and 
Nationality Act (8 U.S.C. 1153(a)) is amended--
          (1) in paragraph (1), by striking ``paragraph (4)'' 
        and inserting ``paragraph (3)''; and
          (2) by striking paragraph (4).
  (b) Conforming Amendments.--The Immigration and Nationality 
Act is amended--
          (1) in section 201(c)(1)(A)(i) (8 U.S.C. 
        1151(c)(1)(A)(i)), by striking ``480,000'' and 
        inserting ``415,000'';
          (2) in section 204(a)(1)(A)(i) (8 U.S.C. 
        1154(a)(1)(A)(i)), by striking ``(1), (3), or (4)'' and 
        inserting ``(1) or (3)''; and
          (3) in section 212(d)(11) (8 U.S.C. 1182(d)(11)), by 
        striking ``(other than paragraph (4) thereof)''.
  (c) Effective Date.--The amendments made by this section 
shall apply to visa numbers for fiscal years beginning with the 
first fiscal year beginning after the date of the enactment of 
this Act.

SEC. 902. INCREASE IN EMPLOYMENT BASED VISAS.

  (a) In General.--Section 201(d)(1)(A) of the Immigration and 
Nationality Act is amended by striking ``140,000'' and 
inserting ``205,000''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall apply beginning with the first fiscal year that begins 
after the date of the enactment of this Act.
                              ----------                              


14. An Amendment To Be Offered by Representative Goodlatte of Virginia, 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new title:

              TITLE IX--SECURITY AND FAIRNESS ENHANCEMENT

SEC. 901. SHORT TITLE.

  This title may be cited as--
          (1) the ``Security and Fairness Enhancement for 
        America Act of 2005''; or
          (2) the ``SAFE for America Act''.

SEC. 902. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.

  (a) Worldwide Level of Diversity Immigrants.--Section 201 of 
the Immigration and Nationality Act (8 U.S.C. 1151) is 
amended--
          (1) in subsection (a)--
                  (A) by inserting ``and'' at the end of 
                paragraph (1);
                  (B) by striking ``; and'' at the end of 
                paragraph (2) and inserting a period; and
                  (C) by striking paragraph (3); and
          (2) by striking subsection (e).
  (b) Allocation of Diversity Immigrant Visas.--Section 203 of 
such Act (8 U.S.C. 1153) is amended--
          (1) by striking subsection (c);
          (2) in subsection (d), by striking ``(a), (b), or 
        (c),'' and inserting ``(a) or (b),'';
          (3) in subsection (e), by striking paragraph (2) and 
        redesignating paragraph (3) as paragraph (2);
          (4) in subsection (f), by striking ``(a), (b), or 
        (c)'' and inserting ``(a) or (b)''; and
          (5) in subsection (g), by striking ``(a), (b), and 
        (c)'' and inserting ``(a) and (b)''.
  (c) Procedure for Granting Immigrant Status.--Section 204 of 
such Act (8 U.S.C. 1154) is amended--
          (1) by striking subsection (a)(1)(I); and
          (2) in subsection (e), by striking ``(a), (b), or 
        (c)'' and inserting ``(a) or (b)''.
  (d) Effective Date.--The amendments made by this section 
shall take effect on October 1, 2006.
                              ----------                              


15. An Amendment To Be Offered by Representative Filner of California, 
               or His Designee, Debatable for 10 Minutes

  Section 1546(a) of title 18, United States Code, is amended 
in the first paragraph by inserting ``distributes (or intends 
to distribute),'' before ``or falsely'' the first place it 
appears.
  Section 1546(a) of title 18, United States Code, is amended 
in the first paragraph by inserting ``distributed,'' before 
``or falsely'' the second place it appears.

                                  
