[House Report 109-350]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-350

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



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

                                _______
                                

  December 16 (legislative day, December 15), 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. 621]

    The Committee on Rules, having had under consideration 
House Resolution 621, 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 further consideration of H.R. 
4437, the Border Protection, Antiterrorism, and Illegal 
Immigration Control Act of 2005. The rule makes in order only 
those amendments printed in this report. The rule also provides 
that no further general debate is in order, and remaining 
proceedings under House Resolution 610 shall be considered as 
subsumed by this resolution.
    The rule provides that the amendments printed in 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 amendments printed in 
this report.
    Finally, the rule provides one motion to recommit with or 
without instructions.

                         EXPLANATION OF WAIVERS

    The Rules Committee is not aware of any points of order 
that lay against the amendments contained in this report. The 
waiver of all points of order is prophylactic in nature.

                            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. 141

    Date: December 16, 2005 (legislative day of December 15, 
2005).
    Measure: H.R. 4437, the Border Protection, Antiterrorism, 
and Illegal Immigration Control Act of 2005.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. George 
Miller of California, which applies U.S. Immigration law to the 
Commonwealth of the Northern Mariana Islands.
    Results: Defeated 4 to 9.
    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. 142

    Date: December 16, 2005 (legislative day of December 15, 
2005).
    Measure: H.R. 4437, the Border Protection, Antiterrorism, 
and Illegal Immigration Control Act of 2005.
    Motion by: Mr. McGovern.
    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 8.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Yea; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 143

    Date: December 16, 2005 (legislative day of December 15, 
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. Meek, 
which corrects a flaw that punishes Haitian asylum seekers for 
having used forged documents to flee Haiti by plane during the 
1991 coup in that country, by waiving a penalty for document 
fraud in certain cases. Also requires that the age of dependent 
children at the time that their parents applied for residency 
under the Haitian Refuge Immigrant Fairness Act of 1998 is the 
age that should be used in making determinations as to that 
dependent's status, since many have aged-out waiting for their 
hearings.
    Results: Defeated 5 to 8.
    Vote by Members: Diaz-Balart--Yea; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

           SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE

    (Summaries of amendments derived from information provided 
by the sponsors.)
    1. Goodlatte/Herseth--No. 37: Eliminates the visa lottery 
program. (10 minutes)
    2. Filner--No. 45: Makes technical changes to the current 
statute governing the distribution of fraudulent documents. The 
statute 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)
    3. Hayworth--No. 95: Increases the number of employment-
based visas available through a reduction in other non-
employment-based immigration categories. (10 minutes)
    4. Sensenbrenner/King (NY)--No. 92: Manager's Amendment. 
Prohibits localities from requiring businesses to set up day 
labor sites as a condition for conducting or expanding a 
business. Requires the Attorney General to report on the status 
of criminal alien prosecutions, including prosecutions of 
smugglers. Authorizes ICE's current Forensic Document 
Laboratory. At the Administration's request: Sets mandatory 
minimums for repeated marriage fraud. Removes reference to 
aggravated felonies and substitutes language referring to 
length of sentence, for sentencing enhancements for aliens who 
enter illegally after convictions. Clarifies that the Board of 
Immigration Appeals' decisions on motions to reopen are 
discretionary decisions that are not subject to judicial 
review. Updates the law that criminalizes passport and 
immigration fraud by increasing penalties to facilitate 
effective enforcement. Also penalizes fraud against aliens 
applying for immigration benefits. Amends the law that provides 
for detention of criminal defendants to make the defendants' 
immigration status an express consideration in determining 
whether the defendant should be released on bond. Extends the 
statute of limitations for all immigration-related frauds to 
ten years. Makes passport fraud a ground of inadmissibility and 
deportability. Makes technical changes to the long-term 
detention of dangerous aliens provision in the bill. Clarifies 
and reaffirm existing limits on federal courts' jurisdiction to 
review removal orders pertaining to certain criminal aliens as 
well as discretionary decisions by the Attorney General and 
Secretary of Homeland Security. Abolishes attorneys' fee awards 
to removable aliens under the Equal Access to Justice Act. (10 
minutes)
    5. Price (GA)--No. 3: Establishes a hard deadline to 
achieve operational control over the entire international land 
and maritime borders of the United States. Operational control 
entails the prevention of all unlawful entries into the United 
States. (10 minutes)
    6. Stearns--No. 100: Prohibits Department of Homeland 
Security, the U.S. Attorney General, and all courts from 
granting any kind of legal immigration status (i.e. 
``benefits'') to an alien until the relevant databases of 
criminal records and terrorist watch lists are checked. (10 
minutes)
    7. Sensenbrenner--No. 133: At the Administration's request, 
reduces the maximum sentence for illegal entry and illegal 
presence to six months. (10 minutes)
    8. Velazquez--No. 74: Requires the U.S. Citizenship and 
Immigration Services (USCIS) to reduce the immigration 
application processing backlog to 6 months within a period of 1 
year. Authorizes the Director of USCIS to implement innovative 
pilot initiatives to eliminate the backlog and prevent further 
backlog from recurring. Encourages initiatives such as 
increasing or transferring personnel to areas with the greatest 
backlog, streamlining regulations and paperwork filing 
processes, upgrading information technology, and increasing the 
number of immigration service centers. (10 minutes)
    9. Norwood--No. 65: Reaffirms state and local law 
enforcement's existing inherent authority to assist in the 
enforcement of immigration law, provide training on this issue 
at no cost to the local agency, increase law enforcement's 
access to vital information on illegal criminal aliens, and 
provide increased and additional resources (SCAAP grants, 
Institutional Removal Program, and a new grant program) to help 
assist in the enforcement of immigration laws. (10 minutes)
    10. Tancredo--No. 22: Prohibits the Attorney General from 
allocating funds under the State Criminal Alien Assistance 
Program to any state or local government which maintains a 
``sanctuary policy'' in violation of federal law (8 USC 1373). 
Also requires the Attorney General to report annually to 
Congress on which state and local governments maintain 
``sanctuary policies''. (10 minutes)
    11. Nadler--No. 104: Strikes section 407, ``expedited 
removal,'' which grants extraordinary and unprecedented power 
to low-level immigration officers to remove individuals without 
review and without a fair hearing. (10 minutes)
    12. Myrick--No. 79: Amends section 606 of the bill to 
require the removal of an unauthorized alien on the first 
conviction of drunk driving. Authorizes State and local law 
enforcement officers to detain and transport unauthorized alien 
drunk drivers and be reimbursed by the Department of Homeland 
Security. Information on unauthorized alien drunk drivers shall 
be reported to the Department of Homeland Security, the 
National Criminal Information Center and the Drivers License 
Agreement of the American Association of Motor Vehicle 
Administrators. (10 minutes)
    13. Shadegg--No. 119: Increases penalties for document 
fraud and for crimes of violence and drug trafficking offenses 
committed by illegal aliens. (10 minutes)
    14. Shadegg--No. 120: Adds human trafficking and human 
smuggling to the list of predicate acts under the federal money 
laundering statute. (10 minutes)
    15. Westmoreland--No. 129: Sets caps on the monetary 
penalties set forth in Title VII of the bill for hiring or 
employing unauthorized aliens of $7,500 for first time 
offenses, $15,000 for second offenses, and $40,000 for all 
subsequent offenses; Provides an exemption from penalty for 
initial good faith violations; and provides a safe harbor for 
contractors if their subcontractor employs an unauthorized 
alien (provided the contractor did not know the employee was an 
unauthorized alien). (10 minutes)
    16. Gonzalez--No. 109: Increases the fines on businesses 
for knowingly hiring unauthorized aliens to $50,000. Proceeds 
would be shared with state and local government and are 
restricted for use to help cover the costs associated with 
providing services to undocumented immigrants. (10 minutes)
    17. Bradley--No. 31: Requires the Department of Homeland 
Security to provide a report both one and two years after 
implementation of the Employment Eligibility Verification 
System to Congress. Reports would contain information relating 
to problems reported by businesses during implementation as 
well as progress made up to the report's date. Report would 
contain information relating to the most efficient use of the 
system by small businesses. (10 minutes)
    18. Sullivan--No. 01: Requires all non-citizens who enter 
or exit the country to be processed through the automated 
entry-exit control system Congress mandated in 1996. (10 
minutes)
    19. Ryun--No. 02: Establishes the Oath of Renunciation and 
Allegiance as Federal law so that it cannot be changed without 
an act of Congress. Also requires the Secretary of Homeland 
Security, in cooperation with the Secretary of State, to notify 
a foreign embassy of which a new citizen was a citizen or 
subject that the citizen has: (1) renounced allegiance to that 
foreign country; and (2) sworn allegiance to the United States. 
(10 minutes)
    20. Royce--No. 91: States that no immigration benefit may 
be granted until, at a minimum, an FBI fingerprint check has 
been submitted and the results show that the alien does not 
have a criminal or immigration history that would render him or 
her ineligible for the benefit have been given to U.S. 
Citizenship and Immigration Services (USCIS). (10 minutes)
    21. Gerlach--No. 52: Adds a new section exempting members 
of the Armed Forces from current naturalization requirements 
including demonstration of knowledge of the English language, 
knowledge of government and good moral character, all of which 
can be implied while serving honorably in the Armed Forces. 
Allows a member of the Armed Services to apply for citizenship 
at any time either while in service or after being honorably 
discharged. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER


1. An Amendment To Be Offered by Representative Goodlatte of Virginia, 
            or His Designee, To Be 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.
                              ----------                              


 2. An Amendment To Be Offered by Representative Filner of California, 
            or His Designee, To Be 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.
                              ----------                              


3. An Amendment To Be Offered by Representative Hayworth of Arizona, or 
              His Designee, To Be 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.
                              ----------                              


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

  In section 102--
          (1) in subsection (b), in the matter before paragraph 
        (1), strike ``Committee on Homeland Security of the 
        House of Representatives'' and insert ``appropriate 
        congressional committees'';
          (2) in subsection (b)(3), insert ``, except for ports 
        of entry and facilities subject to vulnerability 
        assessments under section 70102 or 70103 of title 46, 
        United States Code,'' after ``borders of the United 
        States'';
          (3) amend subsection (d) to read as follows:
  (d) Coordination.-- The National Strategy for Border Security 
described in subsection (b) shall be consistent with the 
National Strategy for Maritime Security developed pursuant to 
Homeland Security Presidential Directive 13.
  .

          (4) in subsection (f), strike ``Committee on Homeland 
        Security of the House of Representatives, such 
        Committee shall promptly report to the House'' and 
        insert ``appropriate congressional committees, such 
        committees shall promptly report to their respective 
        House'';
          (5) in subsection (g), insert ``and section 301(b)'' 
        after ``this title''; and
          (6) add at the end the following new subsection:
  (h) Rule of Construction.--Nothing in this section shall be 
construed to alter, impact, diminish, or in any way undermine 
the authority of the Administrator of the Federal Aviation 
Administration to oversee, regulate, and control the safe and 
efficient use of the airspace of the United States.
  In section 111, strike ``Committee on Homeland Security of 
the House of Representatives'' and insert ``appropriate 
congressional committees''.
  At the end of title I, add the following new section:

SEC. 118. VOLUNTARY RELOCATION PROGRAM EXTENSION.

  Section 5739(e) of title 5, United States Code, is amended by 
striking ``7'' and inserting ``12''.
  In section 203, amend paragraph (3) to read as follows:

          (3) by amending subsection (c) to read as follows:
  ``(c)(1) Whoever--
          ``(A) knowingly enters into a marriage for the 
        purpose of evading any provision of the immigration 
        laws; or
          ``(B) knowingly misrepresents the existence or 
        circumstances of a marriage--
                  ``(i) in an application or document arising 
                under or authorized by the immigration laws of 
                the United States or the regulations prescribed 
                thereunder, or
                  ``(ii) during any immigration proceeding 
                conducted by an administrative adjudicator 
                (including an immigration officer or examiner, 
                a consular officer, an immigration judge, or a 
                member of the Board of Immigration Appeals);
        shall be fined under title 18, United States Code, or 
        imprisoned not more than 10 years, or both.
  ``(2) Whoever--
          ``(A) knowingly enters into two or more marriages for 
        the purpose of evading any provision of the immigration 
        laws; or
          ``(B) knowingly arranges, supports, or facilitates 
        two or more marriages designed or intended to evade any 
        provision of the immigration laws;
shall be fined under title 18, United States Code, imprisoned 
not less than 2 years nor more than 20 years, or both.
  ``(3) An offense under this subsection continues until the 
fraudulent nature of the marriage or marriages is discovered by 
an immigration officer.
  ``(4) For purposes of this section, the term `proceeding' 
includes an adjudication, interview, hearing, or review.''
  In section 275(e)(1) of the Immigration and Nationality Act, 
proposed to be inserted by section 203(5)--

          (1) in subparagraph (A), strike ``(other than an 
        aggravated felony)''; and
          (2) strike subparagraph (B) and insert the following:
                  (B) whose violation was subsequent to 
                conviction for a felony for which the alien 
                received a sentence of 30 months or more, shall 
                be fined under title 18, United States Code, 
                imprisoned not more than 10 years, or both; or
                  (C) whose violation was subsequent to 
                conviction for a felony for which the alien 
                received a sentence of 60 months or more, shall 
                be fined under title 18, United States Code, 
                imprisoned not more than 20 years, or both.
  In proposed section 275(e)(3) of the Immigration and 
Nationality Act, as inserted by section 203(5)--

          (1) strike ``(A) or (B)'' and insert ``(A), (B), or 
        (C)''; and
          (2) strike ``an aggravated felony or other qualifying 
        crime'' and insert ``a qualifying crime''.
  Strike section 210, and insert the following:

SEC. 210. ESTABLISHMENT OF THE FORENSIC DOCUMENTS LABORATORY.

  (a) In General.--The Secretary of Homeland Security shall 
establish a Fraudulent Documents Center (to be known as the 
Forensic Document Laboratory) to carry out the following:
          (1) Collect information from Federal, State, and 
        local law enforcement agencies, and foreign governments 
        on the production, sale, distribution, and use of 
        fraudulent documents intended to be used to enter, 
        travel, or remain within the United States unlawfully.
          (2) Maintain the information described in paragraph 
        (1) in a comprehensive database.
          (3) Maintain a repository of genuine and fraudulent 
        travel and identity document exemplars.
          (4) Convert the information collected into reports 
        that provide guidance to government officials in 
        identifying fraudulent documents being used to enter 
        into, travel within, or remain in the United States.
          (5) Develop a system for distributing these reports 
        on an ongoing basis to appropriate Federal, State, and 
        local law enforcement agencies.
  (b) Distribution of Information.--The Forensic Document 
Laboratory shall distribute its reports to appropriate Federal, 
State, and local law enforcement agencies on an ongoing basis.
  At the end of title II, add the following new sections:

SEC. 211. MOTIONS TO REOPEN OR RECONSIDER.

  (a) Exercise of Discretion.--Section 240(c) of the 
Immigration and Nationality Act (8 U.S.C. 1229a(c)) is 
amended--
          (1) by adding at the end of paragraph (5) the 
        following new subparagraph:
                  ``(D) Discretion.--The decision to grant or 
                deny a motion to reconsider is committed to the 
                Attorney General's discretion.''; and
          (2) by adding at the end of paragraph (6) the 
        following new subparagraph:
                  ``(D) Discretion.--The decision to grant or 
                deny a motion to reopen is committed to the 
                Attorney General's discretion.''.
  (b) Prima Facie Eligibility for Protection From Removal to 
Alternative Country of Removal not Previously Considered.--
Section 240(c) of the Immigration and Nationality Act (8 U.S.C. 
1229a) is further amended by adding at the end of paragraph (6) 
the following new subparagraph:
                  ``(E) Special rule for alternative countries 
                of removal.--The time and numerical limitations 
                specified in this paragraph shall not apply 
                if--
                          ``(i) the Secretary seeks to remove 
                        the alien to an alternative or 
                        additional country of removal under 
                        subparagraph (D) or (E) of section 
                        241(b)(2) that had not been considered 
                        during the alien's prior removal 
                        proceedings;
                          ``(ii) the alien's motion to reopen 
                        is filed within 30 days after the date 
                        the alien receives notice of the 
                        Secretary's intention to remove the 
                        alien to that country; and
                          ``(iii) the alien establishes a prima 
                        facie case that the alien is entitled 
                        by law to withholding of removal under 
                        section 241(b)(3) or protection under 
                        the Convention Against Torture with 
                        respect to that particular country.''.
  (c) Effective Date.--This section, and the amendments made by 
this section, shall apply to motions to reopen and reconsider 
that are filed on or after the date of the enactment of this 
Act in removal, deportation, or exclusion proceedings, 
regardless of whether a final administrative order is entered 
before, on, or after such date.

SEC. 212. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.

  Chapter 75 of title 18, United States Code is amended to read 
as follows:

          ``CHAPTER 75--PASSPORT, VISA, AND IMMIGRATION FRAUD

``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery and unlawful production of a passport.
``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.
``1546. Immigration and visa fraud.
``1547. Attempts and conspiracies.
``1548. Increased penalties for certain offenses.
``1549. Seizure and forfeiture.
``1550. Additional jurisdiction.
``1551. Additional venue.
``1552. Definitions.
``1553. Authorized law enforcement activities.

``Sec. 1541. Trafficking in passports

  ``(a) Whoever, during any three-year period--
          ``(1) knowingly and without lawful authority 
        produces, issues, or transfers 10 or more passports; or
          ``(2) knowingly forges, counterfeits, alters, or 
        falsely makes 10 or more passports; or
          ``(3) knowingly secures, possesses, uses, receives, 
        buys, or sells 10 or more passports, knowing the 
        passports to be forged, counterfeited, altered, falsely 
        made, stolen, procured by fraud, issued, or designed 
        for the use of another, or produced or issued without 
        lawful authority; or
          ``(4) knowingly completes, mails, prepares, presents, 
        signs, or submits 10 or more applications for a United 
        States passport (including any supporting 
        documentation) knowing the applications to contain any 
        false statement or representation;
shall be fined under this title, imprisoned not less than 3 
years nor more than 20 years, or both.
  ``(b) Whoever knowingly and without lawful authority 
produces, counterfeits, secures, possesses, or uses any 
official paper, seal, hologram, image, text, symbol, stamp, 
engraving, plate, or other material used to make a passport 
shall be fined under this title, imprisoned not less than 3 
years nor more than 20 years, or both.

``Sec. 1542. False statement in an application for a passport

  ``Whoever knowingly--
          ``(1) makes any false statement or representation in 
        an application for a United States passport (including 
        any supporting documentation); or
          ``(2) completes, mails, prepares, presents, signs, or 
        submits an application for a United States passport 
        (including any supporting documentation) knowing it to 
        contain any false statement or representation; or
          ``(3) causes or attempts to cause the production of a 
        passport by means of any fraud or false application for 
        a United States passport (including any supporting 
        documentation), when such production occurs or would 
        occur at a facility authorized by the Secretary of 
        State for the production of passports;
shall be fined under this title, imprisoned not more than 15 
years, or both.

``Sec. 1543. Forgery and unlawful production of a passport

  ``(a) Whoever--
          ``(1) knowingly forges, counterfeits, alters, or 
        falsely makes any passport; or
          ``(2) knowingly transfers any passport knowing it to 
        be forged, counterfeited, altered, falsely made, 
        stolen, or to have been produced or issued without 
        lawful authority;
shall be fined under this title, imprisoned not more than 15 
years, or both.
  ``(b) Whoever knowingly and without lawful authority--
          ``(1) produces, issues, authorizes, or verifies a 
        passport in violation of the laws, regulations, or 
        rules governing the issuance of the passport; or
          ``(2) produces, issues, authorizes, or verifies a 
        United States passport for or to any person not owing 
        allegiance to the United States; or
          ``(3) transfers or furnishes a passport to a person 
        for use when such person is not the person for whom the 
        passport was issued or designed;
shall be fined under this title, imprisoned not more than 15 
years, or both.

``Sec. 1544. Misuse of a passport

  ``(a) Whoever--
          ``(1) knowingly uses any passport issued or designed 
        for the use of another; or
          ``(2) knowingly uses any passport in violation of the 
        conditions or restrictions therein contained, or in 
        violation of the laws, regulations, or rules governing 
        the issuance and use of the passport; or
          ``(3) knowingly secures, possesses, uses, receives, 
        buys, or sells any passport knowing it to be forged, 
        counterfeited, altered, falsely made, procured by 
        fraud, or produced or issued without lawful authority; 
        or
          ``(4) knowingly violates the terms and conditions of 
        any safe conduct duly obtained and issued under the 
        authority of the United States;
shall be fined under this title, imprisoned not more than 15 
years, or both.
  ``(b) Whoever knowingly uses any passport--
          ``(1) to enter or to attempt to enter the United 
        States, or
          ``(2) to defraud an agency of the United States, a 
        State, or a political subdivision of a State,
knowing the passport to be forged, counterfeited, altered, 
falsely made, procured by fraud, produced or issued without 
lawful authority, or issued or designed for the use of another, 
shall be fined under this title, imprisoned not less than 6 
months nor more than 15 years, or both.

``Sec. 1545. Schemes to defraud aliens

  ``(a) Whoever knowingly defrauds any person in connection 
with--
          ``(1) any matter that is authorized by or arises 
        under the immigration laws of the United States, or
          ``(2) any matter the offender claims or represents is 
        authorized by or arises under the immigration laws of 
        the United States,
shall be fined under this title, imprisoned not more than 15 
years, or both.
  ``(b) Whoever knowingly and falsely represents himself to be 
an attorney in any matter authorized by or arising under the 
immigration laws of the United States shall be fined under this 
title, imprisoned not more than 15 years, or both.

``Sec. 1546. Immigration and visa fraud

  ``(a) Whoever--
          ``(1) knowingly uses any immigration document issued 
        or designed for the use of another; or
          ``(2) knowingly forges, counterfeits, alters, or 
        falsely makes any immigration document; or
          ``(3) knowingly completes, mails, prepares, presents, 
        signs, or submits any immigration document knowing it 
        to contain any materially false statement or 
        representation; or
          ``(4) knowingly secures, possesses, uses, transfers, 
        receives, buys, or sells any immigration document 
        knowing it to be forged, counterfeited, altered, 
        falsely made, stolen, procured by fraud, issued or 
        designed for another, or produced or issued without 
        lawful authority; or
          ``(5) knowingly adopts or uses a false or fictitious 
        name to evade or to attempt to evade the immigration 
        laws; or
          ``(6) knowingly and without lawful authority 
        transfers or furnishes an immigration document to a 
        person for use when such person is not the person for 
        whom the immigration document was issued or designed;
shall be fined under this title, imprisoned not more than 15 
years, or both.
  ``(b) Whoever, during any three-year period--
          ``(1) knowingly and without lawful authority 
        produces, issues, or transfers 10 or more immigration 
        documents; or
          ``(2) knowingly forges, counterfeits, alters, or 
        falsely makes 10 or more immigration documents; or
          ``(3) knowingly secures, possesses, uses, buys, or 
        sells 10 or more immigration documents, knowing the 
        immigration documents to be forged, counterfeited, 
        altered, stolen, falsely made, procured by fraud, or 
        issued or designed for the use of another, or produced 
        or issued without lawful authority; or
          ``(4) knowingly completes, mails, prepares, presents, 
        signs, or submits 10 or more immigration documents 
        knowing the documents to contain any materially false 
        statement or representation;
shall be fined under this title, imprisoned not less than 2 
years nor more than 20 years, or both.
  ``(c) Whoever knowingly and without lawful authority 
produces, counterfeits, secures, possesses, or uses any 
official paper, seal, hologram, image, text, symbol, stamp, 
engraving, plate, or other material used to make an immigration 
document shall be fined under this title, imprisoned not less 
than 2 years nor more than 20 years, or both.

``Sec. 1547. Attempts and conspiracies

  ``Whoever attempts or conspires to violate any section within 
this chapter shall be punished in the same manner as a 
completed violation of that section. An attempt offense under 
this chapter is a general intent crime.

``Sec. 1548. Increased penalties for certain offenses

  ``(a) Whoever violates any of the sections within this 
chapter with the intent to facilitate an act of international 
terrorism (as defined in section 2331 of this title) shall be 
fined under this title, imprisoned not less than 7 years nor 
more than 25 years, or both.
  ``(b) Whoever violates any section in this chapter with the 
intent to facilitate the commission of any offense against the 
United States (other than an offense in this chapter) or 
against any State, which offense is punishable by imprisonment 
for more than 1 year, shall be fined under this title, 
imprisoned not less than 3 years nor more than 20 years, or 
both.

``Sec. 1549. Seizure and forfeiture

  ``(a) Any property, real or personal, that has been used to 
commit or facilitate the commission of a violation of any 
section within this chapter, the gross proceeds of such 
violation, and any property traceable to such property or 
proceeds, shall be subject to forfeiture.
  ``(b) Seizures and forfeitures under this section shall be 
governed by the provisions of chapter 46 of this title, 
relating to civil forfeitures, including section 981(d) of such 
title, except that such duties as are imposed upon the 
Secretary of the Treasury under the customs laws described in 
that section shall be performed by such officers, agents, and 
other persons as may be designated for that purpose by the 
Secretary of Homeland Security, the Secretary of State, or the 
Attorney General.

``Sec. 1550. Additional jurisdiction

  ``(a) Whoever commits an offense under this chapter within 
the special maritime and territorial jurisdiction of the United 
States shall be punished as provided by that offense.
  ``(b) Whoever commits an offense under this chapter outside 
the United States shall be punished as provided by that offense 
if--
          ``(1) the offense involves a United States 
        immigration document (or any document purporting to be 
        the same) or any matter, right, or benefit arising 
        under or authorized by the immigration laws of the 
        United States or the regulations prescribed thereunder; 
        or
          ``(2) the offense is in or affects foreign commerce; 
        or
          ``(3) the offense affects, jeopardizes, or poses a 
        significant risk to the lawful administration of the 
        immigration laws of the United States, or the national 
        security of the United States; or
          ``(4) the offense is committed to facilitate an act 
        of international terrorism (as defined in section 2331 
        of this title) or a drug trafficking crime (as defined 
        in section 929(a) of this title) that affects or would 
        affect the national security of the United States; or
          ``(5) an offender is a national of the United States 
        (as defined in section 101(a)(22) of the Immigration 
        and Nationality Act (8 U.S.C. Sec.  1001(a)(22)) or an 
        alien lawfully admitted for permanent residence in the 
        United States (as defined in section 101(a)(20) of the 
        Immigration and Nationality Act (8 U.S.C. Sec.  
        1001(a)(20)); or
          ``(6) an offender is a stateless person whose 
        habitual residence is in the United States.

``Sec. 1551. Additional venue

  ``An offense under section 1542 of this chapter may be 
prosecuted in--
          ``(1) any district in which the false statement or 
        representation was made; or
          ``(2) any district in which the passport application 
        was prepared, submitted, mailed, received, processed, 
        or adjudicated; or
          ``(3) in the case of an application prepared and 
        adjudicated outside the United States, in the district 
        in which the resultant passport was produced.
Nothing in this section limits the venue otherwise available 
under sections 3237 and 3238 of this title.

``Sec. 1552. Definitions

  ``For purposes of this chapter:
          ``(1) The term `falsely make' means to prepare or 
        complete an immigration document with knowledge or in 
        reckless disregard of the fact that the document--
                  ``(A) contains a statement or representation 
                that is false, fictitious, or fraudulent;
                  ``(B) has no basis in fact or law; or
                  ``(C) otherwise fails to state a fact that is 
                material to the purpose for which the document 
                was created, designed, or submitted.
          ``(2) The term a `false statement or representation' 
        includes a personation or an omission.
          ``(3) The term `felony' means any criminal offense 
        punishable by a term of imprisonment of more than 1 
        year under the laws of the United States, any State, or 
        a foreign government.
          ``(4) The term `immigration document' means--
                  ``(A) any passport or visa; or
                  ``(B) any application, petition, affidavit, 
                declaration, attestation, form, identification 
                card, alien registration document, employment 
                authorization document, border crossing card, 
                certificate, permit, order, license, stamp, 
                authorization, grant of authority, or other 
                evidentiary document, arising under or 
                authorized by the immigration laws of the 
                United States.
        Such term includes any document, photograph, or other 
        piece of evidence attached to or submitted in support 
        of an immigration document.
          ``(5) The term `immigration laws' includes--
                  ``(A) the laws described in section 
                101(a)(17) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(17));
                  ``(B) the laws relating to the issuance and 
                use of passports; and
                  ``(C) the regulations prescribed under the 
                authority of any law described in paragraphs 
                (1) and (2) of this subsection.
          ``(6) A person does not exercise `lawful authority' 
        if the person abuses or improperly exercises lawful 
        authority the person otherwise holds.
          ``(7) The term `passport' means a travel document 
        attesting to the identity and nationality of the bearer 
        that is issued under the authority of the Secretary of 
        State, a foreign government, or an international 
        organization; or any instrument purporting to be the 
        same.
          ``(8) The term `produce' means to make, prepare, 
        assemble, issue, print, authenticate, or alter.
          ``(9) The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.

``Sec. 1553. Authorized law enforcement activities

  ``The sections in this chapter do not prohibit any lawfully 
authorized investigative, protective, or intelligence activity 
of a law enforcement agency of the United States, a State, or a 
subdivision of a State, or of an intelligence agency of the 
United States, or any activity authorized under title V of the 
Organized Crime Control Act of 1970 (18 U.S.C. note prec. 
3481).''.

SEC. 213. CRIMINAL DETENTION OF ALIENS.

  (a) Section 3142(e) of title 18, United States Code, is 
amended by inserting at the end the following:
 ``Subject to rebuttal by the person, it shall be presumed that 
no condition or combination of conditions will reasonably 
assure the appearance of the person as required if the judicial 
officer finds that there is probable cause to believe that the 
person is an alien and that the person--
          ``(1) has no lawful immigration status in the United 
        States;
          ``(2) is the subject of a final order of removal; or
          ``(3) has committed a felony offense under section 
        911, 922(g)(5), 1015, 1028, 1425, or 1426 of this 
        title, or any section of chapters 75 and 77 of this 
        title, or section 243, 274, 275, 276, 277, or 278, of 
        the Immigration and Nationality Act.''.
  (b) Section 3142(g)(3) of title 18, United States Code, is 
amended by striking ``and'' at the end of subparagraph (A) and 
by adding at the end the following new subparagraph:
                  ``(C) the person's immigration status; and''.

SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION, 
                    NATURALIZATION, AND PEONAGE OFFENSES.

  Section 3291 of title 18, United States Code, is amended to 
read as follows:

``SEC. 3291. IMMIGRATION, NATURALIZATION, AND PEONAGE OFFENSES.

  ``No person shall be prosecuted, tried, or punished for a 
violation of any section of chapters 69 (relating to 
nationality and citizenship offenses), 75 (relating to 
passport, visa, and immigration offenses), or 77 (relating to 
peonage, slavery, and trafficking in persons) of this title (or 
for attempt or conspiracy to violate any such section), or for 
a violation of any criminal provision of sections 243, 266, 
274, 275, 276, 277, or 278 of the Immigration and Nationality 
Act (or for attempt or conspiracy to violate any such section), 
unless the indictment is returned or the information filed 
within ten years after the commission of the offense.''.

SEC. 215. CONFORMING AMENDMENT.

  Subparagraph (P) of section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
          (1) by striking ``(i) which either is falsely making, 
        forging, counterfeiting, mutilating, or altering a 
        passport or instrument in violation of section 1543 of 
        Title 18 or is described in section 1546(a) of such 
        title (relating to document fraud) and (ii)'' and 
        inserting ``which is described in any section of 
        chapter 75 of title 18, United States Code,''; and
          (2) by inserting after ``first offense'' the 
        following: ``(i) that is not described in section 1548 
        (relating to increased penalties), and (ii)''.

SEC. 216. INADMISSIBILITY FOR PASSPORT AND IMMIGRATION FRAUD.

  (a) In General.--Section 212(a)(2)(A)(i) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)) is amended--
          (1) by striking ``or'' at the end of subclause (I);
          (2) by inserting ``or'' at the end of subclause (II); 
        and
          (3) by inserting the following new subparagraph:
                                  ``(III) a violation of (or a 
                                conspiracy or attempt to 
                                violate) any section of chapter 
                                75 of title 18, United States 
                                Code,''.
  (b) Effective Date.--The amendments made by subsection (a) 
shall apply to proceedings pending on or after the date of the 
enactment of this Act.

SEC. 217. REMOVAL FOR PASSPORT AND IMMIGRATION FRAUD.

  (a) In General.--Clause (iii) of section 237(a)(3)(B) of the 
Immigration and Nationality Act (8 U.S.C.1227(a)(3)(B)) is 
amended to read as follows ``(iii) of a violation of, or an 
attempt or a conspiracy to violate, any section of chapter 75 
of title 18, United States Code,''.
  (b) Effective Date.--This amendment made by subsection (a) 
shall apply to proceedings pending on or after the date of the 
enactment of this Act
  In section 301--

          (1) in subsection (b), in the matter preceding 
        paragraph (1), strike ``Congress'' and insert 
        ``appropriate congressional committees (as defined in 
        section 102(g))''; and
          (2) in subsection (c), strike ``Rule of 
        Construction'' and insert ``Rules of Construction'', 
        insert ``(1)'' before ``Nothing'' and add at the end 
        the following new paragraph:
  (2) Nothing in this section shall be construed to alter, 
impact, diminish, or in any way undermine the authority of the 
Administrator of the Federal Aviation Administration to 
oversee, regulate, and control the safe and efficient use of 
the airspace of the United States.
  In section 305(a), in the matter before paragraph (1), strike 
``any activity'' and insert ``any terrorism prevention or 
deterrence activity''.
  At the end of title III, add the following new section:

SEC. 308. RED ZONE DEFENSE BORDER INTELLIGENCE PILOT PROGRAM.

  (a) Establishment.--The Secretary of Homeland Security and 
the Director of National Intelligence shall jointly establish a 
pilot program to improve the coordination and management of 
intelligence and homeland security information provided to or 
utilized by the Department of Homeland Security relating to the 
southwest international land and maritime border of the United 
States.
  (b) Pilot Area.--The Secretary of Homeland Security and the 
Director of National Intelligence shall designate a geographic 
area along the southwest international land and maritime border 
of the United States centered on Cochise County, Arizona, to be 
the pilot area for the pilot program established pursuant to 
subsection (a).
  (c) Program.--The pilot program established pursuant to 
subsection (a) shall--
          (1) coordinate and facilitate the sharing of 
        intelligence and homeland security information related 
        to border security within the pilot area designated 
        pursuant to subsection (b) among Federal, State, local, 
        and tribal governments, including relevant intelligence 
        and homeland security information provided to the 
        Department of Homeland Security by the intelligence 
        community and relevant intelligence and homeland 
        security information gathered by the Department of 
        Homeland Security from other sources;
          (2) to the maximum extent possible, provide for 
        persistent surveillance of such pilot area;
          (3) to the maximum extent possible, utilize airships, 
        aerostats, and existing unmanned aerial vehicles to 
        provide for surveillance of such pilot area;
          (4) to the maximum extent possible, fully utilize the 
        capabilities of underutilized assets currently 
        available to conduct surveillance of such pilot area;
          (5) where practicable, utilize the capabilities of 
        existing operational and analytical centers that 
        analyze intelligence and homeland security information 
        relating to such pilot area from multiple sources and 
        improve the interoperability of such centers;
          (6) consistent with applicable security requirements, 
        disseminate actionable intelligence and homeland 
        security information relating to border security within 
        such pilot area to the appropriate Federal, State, 
        local, tribal, and foreign governments to support 
        operational activities relating to border security 
        within such pilot area;
          (7) provide for direct transmission of such 
        actionable intelligence and homeland security 
        information to operational and analytical centers 
        included in the pilot program;
          (8) provide for a representative of the Department of 
        Homeland Security to be assigned to each operational 
        and analytical center to facilitate the immediate 
        utilization, where practicable, of such actionable 
        intelligence and homeland security information; and
          (9) develop metrics to assess the capability of such 
        pilot program to improve border security.
  (d) Strategy Coordination.--In establishing the pilot program 
under subsection (a), the Director of National Intelligence 
shall coordinate the intelligence activities of the pilot 
program with the relevant activities and programs of other 
elements of the intelligence community.
  (e) Headquarters.--The Secretary of Homeland Security and the 
Director of National Intelligence may establish a headquarters 
for the pilot program established pursuant to subsection (a) 
within the area designated as the pilot area pursuant to 
subsection (b).
  (f) Duration.--The pilot program established pursuant to 
subsection (a) shall last a minimum of two years.
  (g) Report.--Not later than one year after the establishment 
of the pilot program pursuant to subsection (a), the Secretary 
of Homeland Security and the Director of National Intelligence 
shall submit to Congress a report containing--
          (1) the lessons learned from such pilot program based 
        on the metrics developed pursuant to subsection (c)(9);
          (2) recommendations for enhancing the provision and 
        sharing of intelligence and homeland security 
        information relating to border security under the 
        National Strategy for Border Security submitted 
        pursuant to section 102(b) and with other programs of 
        the intelligence community relating to border security; 
        and
          (3) an identification of any provisions of law that 
        may impede effective coordination of intelligence and 
        homeland security information relating to the southwest 
        international land and maritime border of the United 
        States.
  (h) Definitions.--In this section:
          (1) Homeland security information.--The term 
        ``homeland security information'' has the meaning given 
        the term in section 892(f)(1) of the Homeland Security 
        Act of 2002 (6 U.S.C. 482(f)(1)).
          (2) Intelligence community.--The term ``intelligence 
        community'' has the meaning given the term in section 
        3(4) of the National Security Act of 1947 (50 U.S.C. 
        401a(4)).
  (i) Authorization of Appropriations.--There are authorized to 
be appropriated such sums as may be necessary to carry out this 
section .
  In section 401(c), add at the end the following paragraph:

          (3) Discretion.--Nothing in this section shall be 
        construed as limiting the authority of the Secretary of 
        Homeland Security, in the Secretary's sole unreviewable 
        discretion, to determine whether an alien described in 
        clause (ii) of section 235(b)(1)(B) of the Immigration 
        and Nationality Act shall be detained or released after 
        a finding of a credible fear of persecution (as defined 
        in clause (v) of such section).
  In section 431(e) of the Homeland Security Act of 2002, as 
added by section 502(a), insert ``the Department of 
Transportation,'' after ``Justice,''.
  Amend clause (vi) of section 601(a)(1)(B) to read as follows:

                          (vi) by striking the last sentence 
                        and inserting the following: ``The 
                        Secretary of Homeland Security shall 
                        waive the application of clause (v) in 
                        the case of removal of an alien who is 
                        a native or citizen of a country in the 
                        Western Hemisphere with whose 
                        government the United States does not 
                        have full diplomatic relations.
  In section 602(a)--

          (1) in section 241(a)(8) of the Immigration and 
        Nationality Act, inserted by paragraph (8)
                  (A) strike ``procedures described'' and 
                insert ``rules set forth''; and
                  (B) strike the dash and ``(A)'' and strike 
                ``, and'' and all that follows up to the period 
                at the end; and
          (2) in section 241(j) of such Act, inserted by 
        paragraph (9)--
                  (A) in paragraph (1), strike ``procedures 
                described'' and insert ``rules set forth'';
                  (B) in paragraph (3)(B)(i) strike 
                ``subparagraph (A) if'' and all the follows 
                through ``apply.'' and insert the following:
                          `` subparagraph (A)--
                                  ``(I) until the alien is 
                                removed if the conditions 
                                described in subparagraph (A) 
                                or (B) of paragraph (4) apply; 
                                or
                                  ``(II) pending a 
                                determination as provided in 
                                subparagraph (C) of paragraph 
                                (4).''
  In section 241(j)(3)(B)(ii) of the Immigration and 
Nationality Act, inserted by section 602(a)(9), strike `` 
paragraph (4)(A)'' and insert ``paragraph (4)(B)''.
  In section 611--

          (1) strike ``section 103(d)(1)'' and insert 
        ``sections 103(d)(1) and 105(a)(2)(A)''; and
          (2) strike ``is amended'' and insert ``are each 
        amended''.
  Add at the end of title VI, the following new sections:

SEC. 615. REPORT ON CRIMINAL ALIEN PROSECUTION.

  Not later than one year after the date of the enactment of 
this Act and annually thereafter, the Attorney General shall 
submit to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the 
Senate a report on the status of criminal alien prosecutions, 
including prosecutions of human smugglers.

SEC. 616. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS CHARGED 
                    WITH FEDERAL OFFENSES.

  (a) Responsibility of United States Attorneys.--Beginning 2 
years after the date of the enactment of this Act, the office 
of the United States attorney that is prosecuting a criminal 
case in a Federal court--
          (1) shall determine, not later than 30 days after 
        filing the initial pleadings in the case, whether each 
        defendant in the case is lawfully present in the United 
        States (subject to subsequent legal proceedings to 
        determine otherwise);
          (2)(A) if the defendant is determined to be an alien 
        lawfully present in the United States, shall notify the 
        court in writing of the determination and the current 
        status of the alien under the Immigration and 
        Nationality Act; and
          (B) if the defendant is determined not to be lawfully 
        present in the United States, shall notify the court in 
        writing of the determination, the defendant's alien 
        status, and, to the extent possible, the country of 
        origin or legal residence of the defendant; and
          (3) ensure that the information described in 
        paragraph (2) is included in the case file and the 
        criminal records system of the office of the United 
        States attorney.
The determination under paragraph (1) shall be made in 
accordance with guidelines of the Executive Office for 
Immigration Review of the Department of Justice.
  (b) Responsibilities of Federal Courts.--
          (1) Modifications of records and case management 
        systems.--Not later than 2 years after the date of the 
        enactment of this Act, all Federal courts that hear 
        criminal cases, or appeals of criminal cases, shall 
        modify their criminal records and case management 
        systems, in accordance with guidelines which the 
        Director of the Administrative Office of the United 
        States Courts shall establish, so as to enable accurate 
        reporting of information described in paragraph (2) of 
        subsection (a).
          (2) Data entries.--Beginning 2 years after the date 
        of the enactment of this Act, each Federal court 
        described in paragraph (1) shall enter into its 
        electronic records the information contained in each 
        notification to the court under subsection (a)(2).
  (c) Annual Report to Congress.--The Director of the 
Administrative Office of the United States Courts shall 
include, in the annual report filed with the Congress under 
section 604 of title 28, United States Code--
          (1) statistical information on criminal trials of 
        aliens in the courts and criminal convictions of aliens 
        in the lower courts and upheld on appeal, including the 
        type of crime in each case and including information on 
        the legal status of the aliens; and
          (2) recommendations on whether additional court 
        resources are needed to accommodate the volume of 
        criminal cases brought against aliens in the Federal 
        courts.
  (d) Authorization of Appropriations.--There are authorized to 
be appropriated for each of fiscal years 2007 through 2012, 
such sums as may be necessary to carry out this Act. Funds 
appropriated pursuant to this subsection in any fiscal year 
shall remain available until expended.
  In section 274A(h)(4) of the Immigration and Nationality Act, 
as added by section 705--

          (1) amend the heading to read: ``RECRUITMENT AND 
        REFERRAL'';
          (2) amend the third sentence to read as follows: 
        ``However, labor service agencies, whether public, 
        private, for-profit, or nonprofit, that refer, 
        dispatch, or otherwise facilitate the hiring of workers 
        for any period of time by a third party are included in 
        the definition whether or not they receive 
        remuneration.'' ; and
          (3) amend the sixth sentence to read as follows: 
        ``However, labor service agencies, whether public, 
        private, for-profit, or nonprofit, that refer, 
        dispatch, or otherwise facilitate the hiring of workers 
        for any period of time by a third party are included in 
        the definition whether or not they receive 
        remuneration.''.
  Redesignate section 708 as 709, and insert after section 707 
the following new section:

SEC. 708. EXTENSION OF PREEMPTION TO REQUIRED CONSTRUCTION OF DAY 
                    LABORER SHELTERS.

   Paragraph 274A(h)(2) of the Immigration and Nationality Act 
(8 U.S.C. 1324a(h)(2)) is amended--
          (1) by striking ``imposing'', and inserting a dash 
        and ``(A) imposing'';
          (2) by striking the period at the end and inserting 
        ``; and''; and
          (3) by adding at the end the following:
                  ``(B) Requiring as a condition of conducting, 
                continuing, or expanding a business that a 
                business entity--
                          ``(i) provide, build, fund, or 
                        maintain a shelter, structure, or 
                        designated area for use by day laborers 
                        at or near its place of business; or
                          ``(ii) take other steps that 
                        facilitate the employment of day 
                        laborers by others.''.
  At the end of title VIII add the following:

SEC. 807. CLARIFICATION OF JURISDICTION ON REVIEW.

  (a) Review of Discretionary Determinations.--Section 
242(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 
1252(a)(2)(B)) is amended--
          (1) by inserting before ``no court'' the following: 
        ``and regardless of whether the individual 
        determination, decision, or action is made in removal 
        proceedings,'';
          (2) in clause (i), by striking ``any judgment'' and 
        inserting ``any individual determination''; and
          (3) in clause (ii)--
                  (A) by inserting ``discretionary'' after 
                ``any other'';
                  (B) by striking ``the authority for which is 
                specified under this title to be in the 
                discretion of the Attorney General or the 
                Secretary of Homeland Security,'' and inserting 
                ``under this title or the regulations 
                promulgated hereunder,''; and
                  (C) by striking the period at the end and 
                inserting the following: ``, irrespective of 
                whether such decision or action is guided or 
                informed by standards, regulatory or 
                otherwise.''.
  (b) Review of Orders Against Criminal Aliens.--Section 
242(a)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 
1252(a)(2)(C)) is amended by inserting after ``of removal'' the 
following: ``(irrespective of whether relief or protection was 
denied on the basis of the alien's having committed a criminal 
offense)''.
  (c) Effective Date.--The amendments made by this section 
shall apply to petitions for review that are pending on or 
after the date of the enactment of this Act.

SEC. 808. FEES AND EXPENSES IN JUDICIAL PROCEEDINGS.

  (a) In General.--Section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252) is amended by adding at the end 
the following new subsection:
  ``(i) Notwithstanding any other provision of law, a court 
shall not award fees or other expenses to an alien based upon 
the alien's status as a prevailing party in any proceedings 
relating to an order of removal issued under this Act, unless 
the court of appeals concludes that the Attorney General's 
determination that the alien was removable under section 212 or 
237 was not substantially justified.''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall apply to fees or other expenses awarded on or after the 
date of the enactment of this Act.
                              ----------                              


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

  In section 101(a), in the matter preceding paragraph (1), 
strike ``The Secretary'' insert ``Not later than 18 months 
after the date of the enactment of this Act, the Secretary''.
  In section 101(b), strike ``the entry into the United States 
of'' and insert ``all unlawful entries into the United States, 
including entries by''.
  In section 101, add at the end the following new subsection:
  (c) Report.--Not later than one year after the date of the 
enactment of this Act and annually thereafter, the Secretary 
shall submit to Congress a report on the progress made toward 
achieving and maintaining operational control over the entire 
international land and maritime borders of the United States in 
accordance with this section.
  In section 102(b), insert after paragraph (3) the following 
new paragraph and redesignate subsequent paragraphs 
accordingly):
          (4) An assessment of all legal requirements that 
        prevent achieving and maintaining operational control 
        over the entire international land and maritime borders 
        of the United States.
                              ----------                              


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

  At the end of title I, add the following:

SEC. 118. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

  Section 103 of the Immigration and Nationality Act (8 U.S.C. 
1103) is amended by adding at the end the following:
  ``(i) Notwithstanding any other provision of law, the 
Secretary of Homeland Security, the Attorney General, and the 
courts may not--
          ``(1) grant or order the grant of adjustment of 
        status of an alien 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 Secretary, the Attorney General, 
        or any court,
until an IBIS check on the alien has been initiated at a 
Treasury Enforcement Communications System (TECS) access level 
of no less than Level 3, results from the check have been 
returned, and any derogatory information has been obtained and 
assessed, and until any other such background and security 
checks have been completed as the Secretary may require.
  ``(j) Notwithstanding any other provision of law, the 
Secretary of Homeland Security, the Attorney General, and the 
courts may not--
          ``(1) grant or order the grant of adjustment of 
        status of an alien 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 Secretary, the Attorney General, 
        or any court,
until any suspected or alleged fraud relating to the granting 
of any status (including the granting of adjustment of status), 
relief, protection from removal, or other benefit under this 
subsection has been fully investigated and found to be 
unsubstantiated.''.
                              ----------                              


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

    In section 203(2), add ``and'' at the end of subparagraph 
(B), strike ``and'' at the end of subparagraph (C), and strike 
subparagraph (D).
                              ----------                              


8. An Amendment To Be Offered by Representative Velazquez of New York, 
            or Her Designee, To Be Debatable for 10 Minutes

  At the end of title II, insert the following:

SEC. 211. REDUCTION IN IMMIGRATION BACKLOG.

  (a) In General.--The Secretary of Homeland Security shall 
require that, not later than six months after the date of the 
enactment of this Act, the Director of United States 
Citizenship and Immigration Services (in this section referred 
to as ``USCIS'') undertake maximum efforts to reduce to the 
greatest extent practicable the backlog in the processing and 
adjudicative functions of USCIS.
  (b) Pilot Program Initiatives.--
          (1) In general.--The Director is authorized to 
        implement a pilot program for the purposes of, to the 
        greatest extent practicable--
                  (A) reducing the backlog in the processing of 
                immigration benefit applications; and
                  (B) preventing such backlog from recurring.
          (2) Initiatives.--To carry out paragraph (1), 
        initiatives may include measures such as increasing 
        personnel, transferring personnel to focus on areas 
        with the largest potential for backlog, streamlining 
        paperwork processes, and increasing information 
        technology and service centers.
                              ----------                              


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

  At the end of title II, add the following new sections:

SEC. 211. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IMMIGRATION LAW 
                    ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF 
                    STATES.

  (a) In General.--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 
investigate, identify, 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), for the purposes of assisting in the enforcement of 
the immigration laws of the United States in the course of 
carrying out routine duties. This State authority has never 
been displaced or preempted by Congress.
  (b) Construction.--Nothing in this section may be construed 
to require law enforcement personnel of a State or political 
subdivision of a State to--
          (1) report the identity of a victim of, or a witness 
        to, a criminal offense to the Secretary of Homeland 
        Security for immigration enforcement purposes; or
          (2) arrest such victim or witness for a violation of 
        the immigration laws of the United States.

SEC. 212. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL 
                    RELATING TO THE ENFORCEMENT OF IMMIGRATION LAWS.

  (a) Establishment of Training Manual and Pocket Guide.--Not 
later than 180 days after the date of the enactment of this 
Act, the Secretary of Homeland Security shall establish--
          (1) a training manual for law enforcement personnel 
        of a State or political subdivision of a State to train 
        such personnel in the investigation, identification, 
        apprehension, arrest, detention, and transfer to 
        Federal custody of aliens in the United States 
        (including the transportation of such aliens across 
        State lines to detention centers and the identification 
        of fraudulent documents); and
          (2) an immigration enforcement pocket guide for law 
        enforcement personnel of a State or political 
        subdivision of a State to provide a quick reference for 
        such personnel in the course of duty.
  (b) Availability.--The training manual and pocket guide 
established in accordance with subsection (a) shall be made 
available to all State and local law enforcement personnel.
  (c) Applicability.--Nothing in this section shall be 
construed to require State or local law enforcement personnel 
to carry the training manual or pocket guide established under 
subsection (a)(2) with them while on duty.
  (d) Costs.--The Secretary of Homeland Security shall be 
responsible for any and all costs incurred in establishing the 
training manual and pocket guide under subsection (a).
  (e) Training Flexibility.--
          (1) In general.--The Secretary of Homeland Security 
        shall make training of State and local law enforcement 
        officers available through as many means as possible, 
        including residential training at the Center for 
        Domestic Preparedness, onsite training held at State or 
        local police agencies or facilities, online training 
        courses by computer, teleconferencing, and videotape, 
        or the digital video display (DVD) of a training course 
        or courses. E-learning through a secure, encrypted 
        distributed learning system that has all its servers 
        based in the United States, is sealable, survivable, 
        and can have a portal in place within 30 days, shall be 
        made available by the Federal Law Enforcement Training 
        Center Distributed Learning Program for State and local 
        law enforcement personnel.
          (2) Federal personnel training.--The training of 
        State and local law enforcement personnel under this 
        section shall not displace the training of Federal 
        personnel.
          (3) Clarification.--Nothing in this Act or any other 
        provision of law shall be construed as making any 
        immigration-related training a requirement for, or 
        prerequisite to, any State or local law enforcement 
        officer to assist in the enforcement of Federal 
        immigration laws in the normal course of carrying out 
        their normal law enforcement duties.
  (f) Training Limitation.--Section 287(g) of the Immigration 
and Nationality Act (8 U.S.C. 1357(g)) is amended--
          (1) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security'' each place it 
        appears; and
          (2) in paragraph (2), by adding at the end the 
        following: ``Such training shall not exceed 14 days or 
        80 hours, whichever is longer.''.

SEC. 213. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE AGENCIES THAT 
                    ASSIST IN THE ENFORCEMENT OF IMMIGRATION LAWS.

  (a) Grants for Special Equipment for Housing and Processing 
Illegal Aliens.--From amounts made available to make grants 
under this section, the Secretary of Homeland Security shall 
make grants to States and political subdivisions of States for 
procurement of equipment, technology, facilities, and other 
products that facilitate and are directly related to 
investigating, apprehending, arresting, detaining, or 
transporting immigration law violators, including additional 
administrative costs incurred under this Act.
  (b) Eligibility.--To be eligible to receive a grant under 
this section, a State or political subdivision of a State must 
have the authority to, and have in effect the policy and 
practice to, assist in the enforcement of the immigration laws 
of the United States in the course of carrying out such 
agency's routine law enforcement duties.
  (c) Funding.--There is authorized to be appropriated for 
grants under this section $250,000,000 for each fiscal year.
  (d) GAO Audit.--Not later than 3 years after the date of the 
enactment of this Act, the Comptroller General of the United 
States shall conduct an audit of funds distributed to States 
and political subdivisions of States under subsection (a).

SEC. 214. INSTITUTIONAL REMOVAL PROGRAM (IRP).

  (a) Continuation and Expansion.--
          (1) In general.--The Department of Homeland Security 
        shall continue to operate and implement the program 
        known as the Institutional Removal Program (IRP) 
        which--
                  (A) identifies removable criminal aliens in 
                Federal and State correctional facilities;
                  (B) ensures such aliens are not released into 
                the community; and
                  (C) removes such aliens from the United 
                States after the completion of their sentences.
          (2) Expansion.--The institutional removal program 
        shall be extended to all States. Any State that 
        receives Federal funds for the incarceration of 
        criminal aliens shall--
                  (A) cooperate with officials of the 
                institutional removal program;
                  (B) expeditiously and systematically identify 
                criminal aliens in its prison and jail 
                populations; and
                  (C) promptly convey such information to 
                officials of such program as a condition for 
                receiving such funds.
  (b) Authorization for Detention After Completion of State or 
Local Prison Sentence.--Law enforcement officers of a State or 
political subdivision of a State have the authority to--
          (1) hold an illegal alien for a period of up to 14 
        days after the alien has completed the alien's State 
        prison sentence in order to effectuate the transfer of 
        the alien to Federal custody when the alien is 
        removable or not lawfully present in the United States; 
        or
          (2) issue a detainer that would allow aliens who have 
        served a State prison sentence to be detained by the 
        State prison until personnel from United States 
        Immigration and Customs Enforcement can take the alien 
        into custody.
  (c) Technology Usage.--Technology such as video conferencing 
shall be used to the maximum extent possible in order to make 
the Institutional Removal Program (IRP) available in remote 
locations. Mobile access to Federal databases of aliens, such 
as IDENT, and live scan technology shall be used to the maximum 
extent practicable in order to make these resources available 
to State and local law enforcement agencies in remote 
locations.
  (d) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out the institutional removal 
program--
          (1) $100,000,000 for fiscal year 2007;
          (2) $115,000,000 for fiscal year 2008;
          (3) $130,000,000 for fiscal year 2009;
          (4) $145,000,000 for fiscal year 2010; and
          (5) $160,000,000 for fiscal year 2011.

SEC. 215. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).

  Section 241(i)(5) of the Immigration and Nationality Act (8 
U.S.C. 1231(i)) is amended by inserting before the period at 
the end the following: ``and $1,000,000,000 for each subsequent 
fiscal year''.

SEC. 216. STATE AUTHORIZATION FOR ASSISTANCE IN THE ENFORCEMENT OF 
                    IMMIGRATION LAWS ENCOURAGED.

  (a) In General.--Effective 2 years after the date of the 
enactment of this Act, a State (or political subdivision of a 
State) that has in effect a statute, policy, or practice that 
prohibits law enforcement officers of the State, or of a 
political subdivision within the State, from assisting or 
cooperating with Federal immigration law enforcement in the 
course of carrying out the officers' routine law enforcement 
duties shall not receive any of the funds that would otherwise 
be allocated to the State under section 241(i) of the 
Immigration and Nationality Act (8 U.S.C. 1231(i)).
  (b) Construction.--Nothing in this section shall require law 
enforcement officials from States or political subdivisions of 
States to report or arrest victims or witnesses of a criminal 
offense.
  (c) Reallocation of Funds.--Any funds that are not allocated 
to a State or political subdivision of a State due to the 
failure of the State to comply with subsection (a) shall be 
reallocated to States that comply with such subsection.
  At the end of title IV, add the following new section:

SEC. 408. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME 
                    INFORMATION CENTER DATABASE.

  (a) Provision of Information to the NCIC.--Not later than 180 
days after the date of the enactment of this Act, the Under 
Secretary for Border and Transportation Security of the 
Department of Homeland Security shall provide the National 
Crime Information Center of the Department of Justice with such 
information as the Under Secretary may have on any and all 
aliens against whom a final order of removal has been issued, 
any and all aliens who have signed a voluntary departure 
agreement, any and all aliens who have overstayed their 
authorized period of stay, and any and all aliens whose visas 
have been revoked. Such information shall be provided to the 
National Crime Information Center, and the National Crime 
Information Center shall enter such information into the 
Immigration Violators File of the National Crime Information 
Center database, regardless of whether--
          (1) the alien received notice of a final order of 
        removal;
          (2) the alien has already been removed; or
          (3) sufficient identifying information is available 
        on the alien.
  (b) Inclusion of Information in the NCIC Database.--Section 
534(a) of title 28, United States Code, is amended--
          (1) in paragraph (3), by striking ``and'' at the end;
          (2) by redesignating paragraph (4) as paragraph (5); 
        and
          (3) by inserting after paragraph (3) the following:
          ``(4) acquire, collect, classify, and preserve 
        records of violations of the immigration laws of the 
        United States, regardless of whether the alien has 
        received notice of the violation or whether sufficient 
        identifying information is available on the alien and 
        even if the alien has already been removed; and''.
                              ----------                              


10. An Amendment To Be Offered by Representative Tancredo of Colorado, 
            or His Designee, To Be Debatable for 10 Minutes

  At the end of title III, add the following:

SEC. 308. PENALTIES FOR VIOLATIONS OF FEDERAL IMMIGRATION LAWS BY 
                    STATES AND LOCALITIES.

  Section 241(i) of the Immigration and Nationality Act (8 
U.S.C. 1231(i)) is amended by adding at the end the following:
          ``(7) Prior to entering into a contractual 
        arrangement with a State or political subdivision under 
        paragraph (1), the Attorney General shall determine 
        whether such State or political subdivision has in 
        place any formal or informal policy that violates 
        section 642 of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (8 U.S.C. 1373). 
        The Attorney General shall not enter into a contractual 
        arrangement with, or allocate any of the funds made 
        available under this section to, any State or political 
        subdivision with a policy that violates such section. 
        The Attorney General shall submit to Congress an annual 
        report on any State or political subdivision with a 
        policy that violates such section.''.
                              ----------                              


11. An Amendment To Be Offered by Representative Nadler of New York, or 
              His Designee, To Be Debatable for 10 Minutes

    Strike section 407.
                              ----------                              


   12. An Amendment To Be Offered by Representative Myrick of North 
       Carolina, or Her Designee, To Be Debatable for 10 Minutes

  In section 606, add at the end the following:
  (c) Unauthorized Aliens Convicted of DWI.--Section 
237(a)(2)(A)(iii) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)(2)(A)(iii)) is amended by inserting ``other than 
an unauthorized alien described in this clause'' after 
``alien'' and by inserting at the end the following: ``In the 
case of an unauthorized alien (as defined in section 
274A(h)(3)), a first drunk driving conviction shall be deemed 
to satisfy the definition of aggravated felony under section 
101(a)(43)(F).''.
  Strike section 606(a) and insert the following (and 
redesignate subsequent subsections accordingly):
  (a) In General.--Section 236 of the Immigration and 
Nationality Act (8 U.S.C. 1226) is amended--
          (1) in subsection (c)(1)--
                  (A) in subparagraph (C), by striking ``or'' 
                at the end;
                  (B) in subparagraph (D), by inserting ``or'' 
                at the end; and
                  (C) by inserting after subparagraph (D) the 
                following new subparagraph:
                  ``(E) is deportable on any grounds and is 
                apprehended for driving while intoxicated, 
                driving under the influence, or similar 
                violation of State law (as determined by the 
                Secretary of Homeland Security) by a State or 
                local law enforcement officer covered under an 
                agreement under section 287(g),'';
          (2) by redesignating subsection (e) as subsection 
        (f); and
          (3) by inserting after subsection (d) the following 
        new subsection:
  ``(e) Driving While Intoxicated.--If a State or local law 
enforcement officer apprehends an individual for an offense 
described in subsection (c)(1)(E) and the officer has 
reasonable ground to believe that the individual is an alien--
          ``(1) the officer shall verify with the databases of 
        the Federal Government, including the National Criminal 
        Information Center and the Law Enforcement Support 
        Center, whether the individual is an alien and whether 
        such alien is unlawfully present in the United States; 
        and
          ``(2) if any such database--
                  ``(A) indicates that the individual is an 
                alien unlawfully present in the United States--
                          ``(i) an officer covered under an 
                        agreement under section 287(g) is 
                        authorized to issue a Federal detainer 
                        to maintain the alien in custody in 
                        accordance with such agreement until 
                        the alien is convicted for such offense 
                        or the alien is transferred to Federal 
                        custody;
                          ``(ii) the officer is authorized to 
                        transport the alien to a location where 
                        the alien can be transferred to Federal 
                        custody and shall be removed from the 
                        United States in accordance with 
                        applicable law; and
                          ``(iii) the Secretary of Homeland 
                        Security shall reimburse the State and 
                        local law enforcement agencies involved 
                        for the costs of transporting aliens 
                        when such transportation is not done in 
                        the course of their normal duties; or
                  ``(B) indicates that the individual is an 
                alien but is not unlawfully present in the 
                United States, the officer shall take the alien 
                into custody for such offense in accordance 
                with State law and shall promptly notify the 
                Secretary of Homeland Security of such 
                apprehension and maintain the alien in custody 
                pending a determination by the Secretary with 
                respect to any action to be taken by the 
                Secretary against such alien.''.
  (b) Deportation for DWI.--
          (1) In general.--Section 237(a)(2) of such Act (8 
        U.S.C. 1227(a)(2)) is amended by adding at the end the 
        following new subparagraph:
                  ``(F) Driving while intoxicated.--Any alien 
                who is convicted of driving while intoxicated, 
                driving under the influence, or similar 
                violation of State law (as determined by the 
                Secretary of Homeland Security), or who refuses 
                in violation of State law to submit to a 
                Breathalyzer test or other test for the purpose 
                of determining blood alcohol content is 
                deportable and shall be deported.''.
          (2) Effective date.--The amendment made by paragraph 
        (1) shall apply to violations or refusals occurring 
        after the date of the enactment of this Act.
  (c) Sharing of Information by Motor Vehicle Administrators 
Regarding DWI Convictions and Refusals.--Each State motor 
vehicle administrator shall--
          (1) share with the Secretary of Homeland Security 
        information relating to any alien who has a conviction 
        or refusal described in section 237(a)(2)(F) of the 
        Immigration and Nationality Act;
          (2) share such information with other State motor 
        vehicle administrators through the Drivers License 
        Agreement of the American Association of Motor Vehicle 
        Administrators; and
          (3) enter such information into the NCIC in a timely 
        manner.
  In section 608(b), amending section 237(a)(2) of the 
Immigration and Nationality Act, strike `` `(F) criminal' '' 
and insert `` `(G) criminal' ''.
                              ----------                              


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

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

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

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

                      ``CHAPTER 52--ILLEGAL ALIENS

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

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

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

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

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

  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),''.
                              ----------                              


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

  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. ''.
                              ----------                              


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

  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.''.
                              ----------                              


    17. An Amendment To Be Offered by Representative Bradley of New 
       Hampshire, or His Designee, To Be Debatable for 10 Minutes

  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.
                              ----------                              


18. An Amendment To Be Offered by Representative Sullivan of Oklahoma, 
            or His Designee, To Be Debatable for 10 Minutes

  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 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).
                              ----------                              


19. An Amendment To Be Offered by Representative Ryun of Kansas, or His 
                Designee, To Be Debatable for 10 Minutes

  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.
                              ----------                              


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

  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).
  (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.''.
                              ----------                              


      21. An Amendment To Be Offered by Representative Gerlach of 
     Pennsylvania, or His Designee, To Be Debatable for 10 Minutes

  At the appropriate place in the bill, insert the following:

SEC. __. EXEMPTION OF MEMBERS OF THE ARMED FORCES FROM CERTAIN 
                    NATURALIZATION REQUIREMENTS.

  (a) English Language, Knowledge of Government, and Good Moral 
Character.--Section 328(b) of the Immigration and Nationality 
Act (8 U.S.C. 1439(b)) is amended--
          (1) in paragraph (3), by striking ``and'' at the end;
          (2) in paragraph (4), by striking the period at the 
        end and inserting ``; and''; and
          (3) by adding at the end the following new paragraph:
          ``(5) the requirements of sections 312(a) and 
        316(a)(3) shall not apply.''.
  (b) Period of Service.--Section 328(a) of such Act (8 U.S.C. 
1439) is amended--
          (1) by striking ``for a period or periods aggregating 
        one year,''; and
          (2) by striking ``within six months'' and inserting 
        ``at any time''.
  (c) Effective Date.--The amendments made by subsections (a) 
and (b) shall take effect on the date of the enactment of this 
Act and apply to applications for naturalization filed on, 
before, or after such date.

                                  
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