[House Report 109-4]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                      109-4

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



 
  PROVIDING FOR FURTHER CONSIDERATION OF H.R. 418, REAL ID ACT OF 2005

                                _______
                                

  February 9, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 75]

    The Committee on Rules, having had under consideration 
House Resolution 75, 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 the further consideration of 
H.R. 418, the REAL ID Act of 2005, under a structured rule. The 
rule provides that no further general debate shall be in order.
    The rule provides that the amendment printed in Part A of 
this report shall be considered as adopted in the House and in 
the Committee of the Whole. The rule provides that the bill, as 
amended, shall be considered as the original bill for the 
purpose of further amendment and shall be considered as read.
    The rule makes in order only those amendments printed in 
Part B of this report. The rule provides that the amendments 
printed in Part B of this report may be offered only in the 
order printed in the 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 the report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question in the House or in the 
Committee of the Whole.
    The rule waives all points of order against the amendments 
printed in Part B of this report. Finally, the rule provides 
one motion to recommit with or without instructions.

                            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. 1

    Date: February 9, 2005.
    Measure: Providing further consideration of H.R. 418, REAL 
ID Act of 2005.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Nancy Johnson of Connecticut, which closes the loopholes in the 
H-1B and L-1 visa programs. The amendment requires companies to 
seek to hire qualified Americans before beginning the search 
for a single H-1B worker. The amendment applies several of the 
protections in the H-1B program to the L-1 visa program, which 
was created to enable multinational corporations to bring in 
key foreign employees to work in the United States for up to 
seven years, including the payment of prevailing wage and 
restrictions on replacing American workers with L-1 visa 
holders. Also, the amendment cuts the maximum length of stay by 
a L-1 visa holder by two years (i.e. from seven years to five 
years) for executives and managers and from five years to three 
years for workers with specialized knowledge.
    Results: Defeated 3 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Dreier--Nay.

Rules Committee Record Vote No. 2

    Date: February 9, 2005.
    Measure: Providing for further consideration of H.R. 418, 
REAL ID Act of 2005.
    Motion by: Mr. McGovern.
    Summary of motion: To report an open rule for H.R. 418, the 
REAL ID Act of 2005.
    Results: Defeated 3 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Dreier--Nay.

           PART A--SUMMARY OF AMENDMENT CONSIDERED AS ADOPTED

    Manager's Amendment. Removes the annual cap on the number 
of aliens granted asylum who can become permanent residents. It 
would also extend the bill's provisions regarding the 
credibility determinations of immigration judges in asylum 
proceedings to apply to other requests for relief from removal 
before immigration judges. Ensures the prompt removal of 
criminal aliens and terrorists who pose a threat to our 
national security. It would clarify that no county 
administrative agency, quasi-state Commission or state 
administrative agency, or state-authorized Commission can hear 
any cause or claim to block the completion of the border fence 
between San Diego and Tijuana. Adds Secretary of Homeland 
Security to Attorney General and Secretary of State for 
purposes of making decisions on the inadmissibility of 
terrorists. The amendment would also make a series of minor and 
technical amendments.

              PART B--SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Sessions: Promotes the goal of 100% repatriation of all 
aliens ordered deported by clarifying obligations under the 
Department of Homeland Security's existing delivery bond 
authority. (20 minutes)
    2. Castle: Requires the Secretary of Homeland Security to 
enter into the appropriate aviation security screening database 
the appropriate background information of any person convicted 
of using a false drivers' license for the purpose of boarding 
an airplane. In addition to the federally mandated punishment 
for using a false drivers' license, collecting this information 
would enhance our ability to track and detect potential 
security threats. (20 minutes)
    3. Kolbe: Vulnerability and Threat Assessment--requires the 
Department of Homeland Security, working through field offices 
of the Bureau of Customs and Border Protection (BCBP), to study 
the technology, equipment, and personnel needed to address 
security within the U.S. and submit a report to Congress 
including recommendations for improvement.
    Ground Surveillance Pilot Program--similar to the aerial 
surveillance pilot program, requires DHS to develop and carry 
out a ground surveillance pilot program to identify and test 
ground surveillance technologies that will improve border 
security. The program will include at least one northern border 
and one southern border location.
    Enhancement of Border Communications Integration and 
Information Sharing--requires DHS to develop a plan to improve 
communications and information sharing with federal, state and 
tribal government agencies and report findings with a plan for 
implementation.
    Adds Judiciary Committee to the reporting requirements and 
removes references to the ``Select'' Committee on Homeland 
Security. (20 minutes)
    4. Nadler/Meek: Strikes section 101. (20 minutes)
    5. Farr: Strikes section 102. (20 minutes)

            PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED

  Amend section 101 to read as follows:

SECTION 101. PREVENTING TERRORISTS FROM OBTAINING RELIEF FROM REMOVAL.

  (a) Conditions for Granting Asylum.--Section 208(b)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1158(b)(1)) is 
amended--
          (1) by striking ``The Attorney General'' the first 
        place such term appears and inserting the following:
                  ``(A) Eligibility.--The Secretary of Homeland 
                Security or the Attorney General'';
          (2) by striking ``the Attorney General'' the second 
        and third places such term appears and inserting ``the 
        Secretary of Homeland Security or the Attorney 
        General''; and
          (3) by adding at the end the following:
                  ``(B) Burden of proof.--
                          ``(i) In general.--The burden of 
                        proof is on the applicant to establish 
                        that the applicant is a refugee, within 
                        the meaning of section 101(a)(42)(A). 
                        To establish that the applicant is a 
                        refugee within the meaning of such 
                        section, the applicant must establish 
                        that race, religion, nationality, 
                        membership in a particular social 
                        group, or political opinion was or will 
                        be a central reason for persecuting the 
                        applicant.
                          ``(ii) Sustaining burden.--The 
                        testimony of the applicant may be 
                        sufficient to sustain the applicant's 
                        burden without corroboration, but only 
                        if the applicant satisfies the trier of 
                        fact that the applicant's testimony is 
                        credible, is persuasive, and refers to 
                        specific facts sufficient to 
                        demonstrate that the applicant is a 
                        refugee. In determining whether the 
                        applicant has met the applicant's 
                        burden, the trier of fact may weigh the 
                        credible testimony along with other 
                        evidence of record. Where the trier of 
                        fact determines, in the trier of fact's 
                        discretion, that the applicant should 
                        provide evidence which corroborates 
                        otherwise credible testimony, such 
                        evidence must be provided unless the 
                        applicant does not have the evidence 
                        and cannot reasonably obtain the 
                        evidence without departing the United 
                        States. The inability to obtain 
                        corroborating evidence does not excuse 
                        the applicant from meeting the 
                        applicant's burden of proof.
                          ``(iii) Credibility determination.--
                        The trier of fact should consider all 
                        relevant factors and may, in the trier 
                        of fact's discretion, base the trier of 
                        fact's credibility determination on any 
                        such factor, including the demeanor, 
                        candor, or responsiveness of the 
                        applicant or witness, the inherent 
                        plausibility of the applicant's or 
                        witness's account, the consistency 
                        between the applicant's or witness's 
                        written and oral statements (whenever 
                        made and whether or not made under 
                        oath), the internal consistency of each 
                        such statement, the consistency of such 
                        statements with other evidence of 
                        record (including the reports of the 
                        Department of State on country 
                        conditions), and any inaccuracies or 
                        falsehoods in such statements, without 
                        regard to whether an inconsistency, 
                        inaccuracy, or falsehood goes to the 
                        heart of the applicant's claim. There 
                        is no presumption of credibility.''.
  (b) Withholding of Removal.--Section 241(b)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is 
amended by adding at the end the following:
                  ``(C) Sustaining burden of proof; credibility 
                determinations.--In determining whether an 
                alien has demonstrated that the alien's life or 
                freedom would be threatened for a reason 
                described in subparagraph (A), the trier of 
                fact shall determine whether the alien has 
                sustained the alien's burden of proof, and 
                shall make credibility determinations, in the 
                manner described in clauses (ii) and (iii) of 
                section 208(b)(1)(B).''.
  (c) Other Requests for Relief From Removal.--Section 240(c) 
of the Immigration and Nationality Act (8 U.S.C. 1230(c)) is 
amended--
          (1) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (5), (6), and (7), respectively; and
          (2) by inserting after paragraph (3) the following:
          ``(4) Applications for relief from removal.--
                  ``(A) In general.--An alien applying for 
                relief or protection from removal has the 
                burden of proof to establish that the alien--
                          ``(i) satisfies the applicable 
                        eligibility requirements; and
                          ``(ii) with respect to any form of 
                        relief that is granted in the exercise 
                        of discretion, that the alien merits a 
                        favorable exercise of discretion.
                  ``(B) Sustaining burden.--The applicant must 
                comply with the applicable requirements to 
                submit information or documentation in support 
                of the applicant's application for relief or 
                protection as provided by law or by regulation 
                or in the instructions for the application 
                form. In evaluating the testimony of the 
                applicant or other witness in support of the 
                application, the immigration judge will 
                determine whether or not the testimony is 
                credible, is persuasive, and refers to specific 
                facts sufficient to demonstrate that the 
                applicant has satisfied the applicant's burden 
                of proof. In determining whether the applicant 
                has met such burden, the immigration judge 
                shall weigh the credible testimony along with 
                other evidence of record. Where the immigration 
                judge determines in the judge's discretion that 
                the applicant should provide evidence which 
                corroborates otherwise credible testimony, such 
                evidence must be provided unless the applicant 
                demonstrates that the applicant does not have 
                the evidence and cannot reasonably obtain the 
                evidence without departing from the United 
                States. The inability to obtain corroborating 
                evidence does not excuse the applicant from 
                meeting the burden of proof.
                  ``(C) Credibility determination.--The 
                immigration judge should consider all relevant 
                factors and may, in the judge's discretion, 
                base the judge's credibility determination on 
                any such factor, including the demeanor, 
                candor, or responsiveness of the applicant or 
                witness, the inherent plausibility of the 
                applicant's or witness's account, the 
                consistency between the applicant's or 
                witness's written and oral statements (whenever 
                made and whether or not made under oath), the 
                internal consistency of each such statement, 
                the consistency of such statements with other 
                evidence of record (including the reports of 
                the Department of State on country conditions), 
                and any inaccuracies or falsehoods in such 
                statements, without regard to whether an 
                inconsistency, inaccuracy, or falsehood goes to 
                the heart of the applicant's claim. There is no 
                presumption of credibility.''.
  (d) Standard of Review for Orders of Removal.--Section 
242(b)(4) of the Immigration and Nationality Act (8 U.S.C. 
1252(b)(4)) is amended by adding at the end, after subparagraph 
(D), the following: ``No court shall reverse a determination 
made by a trier of fact with respect to the availability of 
corroborating evidence, as described in section 208(b)(1)(B), 
240(c)(4)(B), or 241(b)(3)(C), unless the court finds that a 
reasonable trier of fact is compelled to conclude that such 
corroborating evidence is unavailable.''.
  (e) Clarification of Discretion.--Section 242(a)(2)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) is 
amended--
          (1) by inserting ``or the Secretary of Homeland 
        Security'' after ``Attorney General'' each place such 
        term appears; and
          (2) in the matter preceding clause (i), by inserting 
        ``and regardless of whether the judgment, decision, or 
        action is made in removal proceedings,'' after ``other 
        provision of law,''.
  (f) Removal of Caps.--Section 209 of the Immigration and 
Nationality Act (8 U.S.C. 1159) is amended--
          (1) in subsection (a)(1)--
                  (A) by striking ``Service'' and inserting 
                ``Department of Homeland Security''; and
                  (B) by striking ``Attorney General'' each 
                place such term appears and inserting 
                ``Secretary of Homeland Security or the 
                Attorney General'';
          (2) in subsection (b)--
                  (A) by striking ``Not more'' and all that 
                follows through ``asylum who--'' and inserting 
                ``The Secretary of Homeland Security or the 
                Attorney General, in the Secretary's or the 
                Attorney General's discretion and under such 
                regulations as the Secretary or the Attorney 
                General may prescribe, may adjust to the status 
                of an alien lawfully admitted for permanent 
                residence the status of any alien granted 
                asylum who--''; and
                  (B) in the matter following paragraph (5), by 
                striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security or the 
                Attorney General''; and
          (3) in subsection (c), by striking ``Attorney 
        General'' and inserting ``Secretary of Homeland 
        Security or the Attorney General''.
  (g) Effective Dates.--
          (1) The amendments made by paragraphs (1) and (2) of 
        subsection (a) shall take effect as if enacted on March 
        1, 2003.
          (2) The amendments made by subsections (a)(3), (b), 
        and (c) shall take effect on the date of the enactment 
        of this Act and shall apply to applications for asylum, 
        withholding, or other removal made on or after such 
        date.
          (3) The amendment made by subsection (d) shall take 
        effect on the date of the enactment of this Act and 
        shall apply to all cases in which the final 
        administrative removal order is or was issued before, 
        on, or after such date.
          (4) The amendments made by subsection (e) shall take 
        effect on the date of the enactment of this Act and 
        shall apply to all cases pending before any court on or 
        after such date.
          (5) The amendments made by subsection (f) shall take 
        effect on the date of the enactment of this Act.
  (h) Repeal.--Section 5403 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458) is 
repealed.
  In section 102(c)(2) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996, as proposed to be added 
by section 102 of the bill, strike ``court'' and insert 
``court, administrative agency, or other entity''.
  In section 103(a) of the bill, strike ``Section'' and all 
that follows through ``is amended'' and insert the following: 
``So much of section 212(a)(3)(B)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) as precedes the 
final sentence is amended''.
  In section 212(a)(3)(B)(i)(IV)(aa) of the Immigration and 
Nationality Act, as proposed to be amended by section 103(a) of 
the bill, after ``organization'' insert ``(as defined in clause 
(vi))''.
  In section 212(a)(3)(B)(i)(VIII) of the Immigration and 
Nationality Act, as proposed to be added by section 103(a) of 
the bill, after ``terrorist organization'' insert ``(as defined 
in clause (vi))''.
  In section 212(a)(3)(B)(i) of the Immigration and Nationality 
Act, as proposed to be amended by section 103(a) of the bill, 
strike the final sentence.
  In section 212(a)(3)(B)(iv) of the Immigration and 
Nationality Act, as proposed to be amended by section 103(b) of 
the bill, strike ``subparagraph'' and insert ``Act''.
  In section 212(a)(3)(B)(iv)(V)(aa) of the Immigration and 
Nationality Act, as proposed to be amended by section 103(b) of 
the bill, strike ``clause'' and insert ``subsection''.
  In section 212(a)(3)(B)(iv)(VI)(cc) of the Immigration and 
Nationality Act, as proposed to be amended by section 103(b) of 
the bill, after ``clause (vi)'' insert ``or to any member of 
such an organization,''
  In section 212(a)(3)(B)(iv)(VI)(dd) of the Immigration and 
Nationality Act, as proposed to be amended by section 103(b) of 
the bill, after ``(vi)(III),'' insert ``or to any member of 
such an organization,''.
  At the end of section 212(a)(3)(B)(iv) of the Immigration and 
Nationality Act, as proposed to be amended by section 103(b) of 
the bill, add the following:
                        This clause shall not apply to any 
                        material support the alien afforded to 
                        an organization or individual that has 
                        committed terrorist activity, if the 
                        Secretary of State, after consultation 
                        with the Attorney General and the 
                        Secretary of Homeland Security, or the 
                        Attorney General, after consultation 
                        with the Secretary of State and the 
                        Secretary of Homeland Security, 
                        concludes in his sole unreviewable 
                        discretion, that this clause should not 
                        apply.
  Amend section 103(d) of the bill to read as follows:

  (d) Effective Date.--The amendments made by this section 
shall take effect on the date of the enactment of this Act, and 
these amendments, and section 212(a)(3)(B) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(3)(B)), as amended by 
this section, shall apply to--
          (1) removal proceedings instituted before, on, or 
        after the date of the enactment of this Act; and
          (2) acts and conditions constituting a ground for 
        inadmissibility, excludability, deportation, or removal 
        occurring or existing before, on, or after such date.
  In section 104(a)(1) of the bill, insert ``of the Immigration 
and Nationality Act'' after ``237(a)(4)(B)''
  In section 237(a)(4)(B) of the Immigration and Nationality 
Act, as proposed to be amended by section 104(a)(1) of the 
bill, strike ``would be considered inadmissible pursuant to'' 
and insert ``is described in''.
  Amend section 104(a)(2) of the bill to read as follows:
          ``(2) Effective date.--The amendment made by 
        paragraph (1) shall take effect on the date of the 
        enactment of this Act, and the amendment, and section 
        237(a)(4)(B) of the Immigration and Nationality Act (8 
        U.S.C. 1227(a)(4)(B)), as amended by such paragraph, 
        shall apply to--
                  ``(A) removal proceedings instituted before, 
                on, or after the date of the enactment of this 
                Act; and
                  ``(B) acts and conditions constituting a 
                ground for inadmissibility, excludability, 
                deportation, or removal occurring or existing 
                before, on, or after such date.''.
  At the end of title I of the bill, add the following:

SEC. 105. JUDICIAL REVIEW OF ORDERS OF REMOVAL.

  (a) In General.--Section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252) is amended--
          (1) in subsection (a)--
                  (A) in paragraph (2)--
                          (i) in subparagraph (A), by inserting 
                        ``(statutory or nonstatutory), 
                        including section 2241 of title 28, 
                        United States Code, or any other habeas 
                        corpus provision, and sections 1361 and 
                        1651 of such title'' after 
                        ``Notwithstanding any other provision 
                        of law'';
                          (ii) in each of subparagraphs (B) and 
                        (C), by inserting ``(statutory or 
                        nonstatutory), including section 2241 
                        of title 28, United States Code, or any 
                        other habeas corpus provision, and 
                        sections 1361 and 1651 of such title, 
                        and except as provided in subparagraph 
                        (D)'' after ``Notwithstanding any other 
                        provision of law''; and
                          (iii) by adding at the end the 
                        following:
                  ``(D) Judicial review of certain legal 
                claims.--Nothing in subparagraph (B) or (C), or 
                in any other provision of this Act which limits 
                or eliminates judicial review, shall be 
                construed as precluding review of 
                constitutional claims or pure questions of law 
                raised upon a petition for review filed with an 
                appropriate court of appeals in accordance with 
                this section.''; and
                  (B) by adding at the end the following:
          ``(4) Claims under the united nations convention.--
        Notwithstanding any other provision of law (statutory 
        or nonstatutory), including section 2241 of title 28, 
        United States Code, or any other habeas corpus 
        provision, and sections 1361 and 1651 of such title, a 
        petition for review filed with an appropriate court of 
        appeals in accordance with this section shall be the 
        sole and exclusive means for judicial review of any 
        cause or claim under the United Nations Convention 
        Against Torture and Other Forms of Cruel, Inhuman, or 
        Degrading Treatment or Punishment, except as provided 
        in subsection (e).
          ``(5) Exclusive means of review.--Notwithstanding any 
        other provision of law (statutory or nonstatutory), 
        including section 2241 of title 28, United States Code, 
        or any other habeas corpus provision, and sections 1361 
        and 1651 of such title, a petition for review filed 
        with an appropriate court of appeals in accordance with 
        this section shall be the sole and exclusive means for 
        judicial review of an order of removal entered or 
        issued under any provision of this Act, except as 
        provided in subsection (e). For purposes of this Act, 
        in every provision that limits or eliminates judicial 
        review or jurisdiction to review, the terms `judicial 
        review' and `jurisdiction to review' include habeas 
        corpus review pursuant to section 2241 of title 28, 
        United States Code, or any other habeas corpus 
        provision, sections 1361 and 1651 of such title, and 
        review pursuant to any other provision of law 
        (statutory or nonstatutory).'';
          (2) in subsection (b)--
                  (A) in paragraph (3)(B), by inserting 
                ``pursuant to subsection (f)'' after 
                ``unless''; and
                  (B) in paragraph (9), by adding at the end 
                the following: ``Except as otherwise provided 
                in this section, no court shall have 
                jurisdiction, by habeas corpus under section 
                2241 of title 28, United States Code, or any 
                other habeas corpus provision, by section 1361 
                or 1651 of such title, or by any other 
                provision of law (statutory or nonstatutory), 
                to review such an order or such questions of 
                law or fact.''; and
          (3) in subsection (g), by inserting ``(statutory or 
        nonstatutory), including section 2241 of title 28, 
        United States Code, or any other habeas corpus 
        provision, and sections 1361 and 1651 of such title'' 
        after ``notwithstanding any other provision of law''.
  (b) Effective Date.--The amendments made by subsection (a) 
shall take effect upon the date of the enactment of this Act 
and shall apply to cases in which the final administrative 
order of removal, deportation, or exclusion was issued before, 
on, or after the date of the enactment of this Act.
  (c) Transfer of Cases.--If an alien's case, brought under 
section 2241 of title 28, United States Code, and challenging a 
final administrative order of removal, deportation, or 
exclusion, is pending in a district court on the date of the 
enactment of this Act, then the district court shall transfer 
the case (or the part of the case that challenges the order of 
removal, deportation, or exclusion) to the court of appeals for 
the circuit in which a petition for review could have been 
properly filed under section 242(b)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1252), as amended by this section, or 
under section 309(c)(4)(D) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note). 
The court of appeals shall treat the transferred case as if it 
had been filed pursuant to a petition for review under such 
section 242, except that subsection (b)(1) of such section 
shall not apply.
  (d) Transitional Rule Cases.--A petition for review filed 
under former section 106(a) of the Immigration and Nationality 
Act (as in effect before its repeal by section 306(b) of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1252 note)) shall be treated as if it had been 
filed as a petition for review under section 242 of the 
Immigration and Nationality Act (8 U.S.C. 1252), as amended by 
this section. Notwithstanding any other provision of law 
(statutory or nonstatutory), including section 2241 of title 
28, United States Code, or any other habeas corpus provision, 
and sections 1361 and 1651 of such title, such petition for 
review shall be the sole and exclusive means for judicial 
review of an order of deportation or exclusion.
  In section 202(a)(2) of the bill, strike ``to the 
Secretary.'' and all that follows through the period at the end 
and insert the following: ``to the Secretary of Transportation. 
Such certifications shall be made at such times and in such 
manner as the Secretary of Transportation, in consultation with 
the Secretary of Homeland Security, may prescribe by 
regulation.''
  Strike section 202(d)(11) of the bill.
  Strike section 202(e) of the bill.
  In section 206(a) of the bill, strike ``certify'' and insert 
``set''.
  In section 206 of the bill--
          (1) redesignate subsection (b) as subsection (c); and
          (2) insert after subsection (a) the following:
  (b) Compliance With Standards.--All authority to certify 
compliance with standards under this title shall be carried out 
by the Secretary of Transportation, in consultation with the 
Secretary of Homeland Security and the States.
  At the end of the bill, add the following:

SEC. 208. LIMITATION ON STATUTORY CONSTRUCTION.

  Nothing in this title shall be construed to affect the 
authorities or responsibilities of the Secretary of 
Transportation or the States under chapter 303 of title 49, 
United States Code.
                              ----------                              


                PART B--TEXT OF AMENDMENTS MADE IN ORDER


 1. An Amendment To Be Offered by Representative Sessions of Texas, or 
              His Designee, To Be Debatable for 20 Minutes

  At the end of title I, add the following:

SEC. 105. DELIVERY BONDS.

  (a) Definitions.--For purposes of this section:
          (1) Delivery bond.--The term ``delivery bond'' means 
        a written suretyship undertaking for the surrender of 
        an individual against whom the Department of Homeland 
        Security has issued an order to show cause or a notice 
        to appear, the performance of which is guaranteed by an 
        acceptable surety on Federal bonds.
          (2) Principal.--The term ``principal'' means an 
        individual who is the subject of a bond.
          (3) Suretyship undertaking.--The term ``suretyship 
        undertaking'' means a written agreement, executed by a 
        bonding agent on behalf of a surety, which binds all 
        parties to its certain terms and conditions and which 
        provides obligations for the principal and the surety 
        while under the bond and penalties for forfeiture to 
        ensure the obligations of the principal and the surety 
        under the agreement.
          (4) Bonding agent.--The term ``bonding agent'' means 
        any individual properly licensed, approved, and 
        appointed by power of attorney to execute or 
        countersign surety bonds in connection with any matter 
        governed by the Immigration and Nationality Act as 
        amended (8 U.S.C. 1101, et seq.), and who receives a 
        premium for executing or countersigning such surety 
        bonds.
          (5) Surety.--The term ``surety'' means an entity, as 
        defined by, and that is in compliance with, sections 
        9304 through 9308 of title 31, United States Code, that 
        agrees--
                  (A) to guarantee the performance, where 
                appropriate, of the principal under a bond;
                  (B) to perform the bond as required; and
                  (C) to pay the face amount of the bond as a 
                penalty for failure to perform.
  (b) Validity, Agent not Co-Obligor, Expiration, Renewal, and 
Cancellation of Bonds.--
          (1) Validity.--Delivery bond undertakings are valid 
        if such bonds--
                  (A) state the full, correct, and proper name 
                of the alien principal;
                  (B) state the amount of the bond;
                  (C) are guaranteed by a surety and 
                countersigned by an agent who is properly 
                appointed;
                  (D) bond documents are properly executed; and
                  (E) relevant bond documents are properly 
                filed with the Secretary of Homeland Security.
          (2) Bonding agent not co-obligor, party, or guarantor 
        in individual capacity, and no refusal if acceptable 
        surety.--Section 9304(b) of title 31, United States 
        Code, is amended by adding at the end the following: 
        ``Notwithstanding any other provision of law, no 
        bonding agent of a corporate surety shall be required 
        to execute bonds as a co-obligor, party, or guarantor 
        in an individual capacity on bonds provided by the 
        corporate surety, nor shall a corporate surety bond be 
        refused if the corporate surety appears on the current 
        Treasury Department Circular 570 as a company holding a 
        certificate of authority as an acceptable surety on 
        Federal bonds and attached to the bond is a currently 
        valid instrument showing the authority of the bonding 
        agent of the surety company to execute the bond.''.
          (3) Expiration.--A delivery bond undertaking shall 
        expire at the earliest of--
                  (A) 1 year from the date of issue;
                  (B) at the cancellation of the bond or 
                surrender of the principal; or
                  (C) immediately upon nonpayment of the 
                renewal premium.
          (4) Renewal.--Delivery bonds may be renewed annually, 
        with payment of proper premium to the surety, if there 
        has been no breach of conditions, default, claim, or 
        forfeiture of the bond. Notwithstanding any renewal, 
        when the alien is surrendered to the Secretary of 
        Homeland Security for removal, the Secretary shall 
        cause the bond to be canceled.
          (5) Cancellation.--Delivery bonds shall be canceled 
        and the surety exonerated--
                  (A) for nonrenewal after the alien has been 
                surrendered to the Department of Homeland 
                Security for removal;
                  (B) if the surety or bonding agent provides 
                reasonable evidence that there was 
                misrepresentation or fraud in the application 
                for the bond;
                  (C) upon the death or incarceration of the 
                principal, or the inability of the surety to 
                produce the principal for medical reasons;
                  (D) if the principal is detained by any law 
                enforcement agency of any State, county, city, 
                or any politial subdivision thereof;
                  (E) if it can be established that the alien 
                departed the United States of America for any 
                reason without permission of the Secretary of 
                Homeland Security, the surety, or the bonding 
                agent;
                  (F) if the foreign state of which the 
                principal is a national is designated pursuant 
                to section 244 of the Act (8 U.S.C. 1254a) 
                after the bond is posted; or
                  (G) if the principal is surrendered to the 
                Department of Homeland Security, removal by the 
                surety or the bonding agent.
          (6) Surrender of principal; forfeiture of bond 
        premium.--
                  (A) Surrender.--At any time, before a breach 
                of any of the bond conditions, if in the 
                opinion of the surety or bonding agent, the 
                principal becomes a flight risk, the principal 
                may be surrendered to the Department of 
                Homeland Security for removal.
                  (B) Forfeiture of bond premium.--A principal 
                may be surrendered without the return of any 
                bond premium if the principal--
                          (i) changes address without notifying 
                        the surety, the bonding agent, and the 
                        Secretary of Homeland Security in 
                        writing prior to such change;
                          (ii) hides or is concealed from a 
                        surety, a bonding agent, or the 
                        Secretary;
                          (iii) fails to report to the 
                        Secretary as required at least 
                        annually; or
                          (iv) violates the contract with the 
                        bonding agent or surety, commits any 
                        act that may lead to a breach of the 
                        bond, or otherwise violates any other 
                        obligation or condition of the bond 
                        established by the Secretary.
          (7) Certified copy of bond and arrest warrant to 
        accompany surrender.--
                  (A) In general.--A bonding agent or surety 
                desiring to surrender the principal--
                          (i) shall have the right to petition 
                        the Secretary of Homeland Security or 
                        any Federal court, without having to 
                        pay any fees or court costs, for an 
                        arrest warrant for the arrest of the 
                        principal;
                          (ii) shall forthwith be provided 2 
                        certified copies each of the arrest 
                        warrant and the bond undertaking, 
                        without having to pay any fees or 
                        courts costs; and
                          (iii) shall have the right to pursue, 
                        apprehend, detain, and surrender the 
                        principal, together with certified 
                        copies of the arrest warrant and the 
                        bond undertaking, to any Department of 
                        Homeland Security detention official or 
                        Department detention facility or any 
                        detention facility authorized to hold 
                        Federal detainees.
                  (B) Effects of delivery.--Upon surrender of a 
                principal under subparagraph (A)(iii)--
                          (i) the official to whom the 
                        principal is surrendered shall detain 
                        the principal in custody and issue a 
                        written certificate of surrender; and
                          (ii) the Secretary of Homeland 
                        Security shall immediately exonerate 
                        the surety from any further liability 
                        on the bond.
          (8) Form of bond.--Delivery bonds shall in all cases 
        state the following and be secured by a corporate 
        surety that is certified as an acceptable surety on 
        Federal bonds and whose name appears on the current 
        Treasury Department Circular 570:
                  ``(A) Breach of bond; procedure, forfeiture, 
                notice.--
                          ``(i) If a principal violates any 
                        conditions of the delivery bond, or the 
                        principal is or becomes subject to a 
                        final administrative order of 
                        deportation or removal, the Secretary 
                        of Homeland Security shall--
                                  ``(I) immediately issue a 
                                warrant for the principal's 
                                arrest and enter that arrest 
                                warrant into the National Crime 
                                Information Center (NCIC) 
                                computerized information 
                                database;
                                  ``(II) order the bonding 
                                agent and surety to take the 
                                principal into custody and 
                                surrender the principal to any 
                                one of 10 designated Department 
                                of Homeland Security `turn-in' 
                                centers located nationwide in 
                                the areas of greatest need, at 
                                any time of day during 15 
                                months after mailing the arrest 
                                warrant and the order to the 
                                bonding agent and the surety as 
                                required by subclause (III), 
                                and immediately enter that 
                                order into the National Crime 
                                Information Center (NCIC) 
                                computerized information 
                                database; and
                                  ``(III) mail 2 certified 
                                copies each of the arrest 
                                warrant issued pursuant to 
                                subclause (I) and 2 certified 
                                copies each of the order issued 
                                pursuant to subclause (II) to 
                                only the bonding agent and 
                                surety via certified mail 
                                return receipt to their last 
                                known addresses.
                          ``(ii) Bonding agents and sureties 
                        shall immediately notify the Secretary 
                        of Homeland Security of their changes 
                        of address and/or telephone numbers.
                          ``(iii) The Secretary of Homeland 
                        Security shall establish, disseminate 
                        to bonding agents and sureties, and 
                        maintain on a current basis a secure 
                        nationwide toll-free list of telephone 
                        numbers of Department of Homeland 
                        Security officials, including the names 
                        of such officials, that bonding agents, 
                        sureties, and their employees may 
                        immediately contact at any time to 
                        discuss and resolve any issue regarding 
                        any principal or bond, to be known as 
                        `Points of Contact'.
                          ``(iv) A bonding agent or surety 
                        shall have full and complete access, 
                        free of charge, to any and all 
                        information, electronic or otherwise, 
                        in the care, custody, and control of 
                        the United States Government or any 
                        State or local government or any 
                        subsidiary or police agency thereof 
                        regarding the principal that may be 
                        helpful in complying with section 105 
                        of the REAL ID Act of 2005 that the 
                        Secretary of Homeland Security, by 
                        regulations subject to approval by 
                        Congress, determines may be helpful in 
                        locating or surrendering the principal. 
                        Beyond the principal, a bonding agent 
                        or surety shall not be required to 
                        disclose any information, including but 
                        not limited to the arrest warrant and 
                        order, received from any governmental 
                        source, any person, firm, corporation, 
                        or other entity.
                          ``(v) If the principal is later 
                        arrested, detained, or otherwise 
                        located outside the United States and 
                        the outlying possessions of the United 
                        States (as defined in section 101(a) of 
                        the Immigration and Nationality Act), 
                        the Secretary of Homeland Security 
                        shall--
                                  ``(I) immediately order that 
                                the surety is completely 
                                exonerated, and the bond 
                                canceled; and
                                  ``(II) if the Secretary of 
                                Homeland Security has issued an 
                                order under clause (i), the 
                                surety may request, by written, 
                                properly filed motion, 
                                reinstatement of the bond. This 
                                subclause may not be construed 
                                to prevent the Secretary of 
                                Homeland Security from revoking 
                                or resetting a bond at a higher 
                                amount.
                          ``(vi) The bonding agent or surety 
                        must--
                                  ``(I) during the 15 months 
                                after the date the arrest 
                                warrant and order were mailed 
                                pursuant to clause (i)(III) 
                                surrender the principal one 
                                time; or
                                  ``(II)(aa) provide reasonable 
                                evidence that producing the 
                                principal was prevented--
                                          ``(aaa) by the 
                                        principal's illness or 
                                        death;
                                          ``(bbb) because the 
                                        principal is detained 
                                        in custody in any city, 
                                        State, country, or any 
                                        political subdivision 
                                        thereof;
                                          ``(ccc) because the 
                                        principal has left the 
                                        United States or its 
                                        outlying possessions 
                                        (as defined in section 
                                        101(a) of the 
                                        Immigration and 
                                        Nationality Act (8 
                                        U.S.C. 1101(a)); or
                                          ``(ddd) because 
                                        required notice was not 
                                        given to the bonding 
                                        agent or surety; and
                                  ``(bb) establish by affidavit 
                                that the inability to produce 
                                the principal was not with the 
                                consent or connivance of the 
                                bonding agent or surety.
                          ``(vii) If compliance occurs more 
                        than 15 months but no more than 18 
                        months after the mailing of the arrest 
                        warrant and order to the bonding agent 
                        and the surety required under clause 
                        (i)(III), an amount equal to 25 percent 
                        of the face amount of the bond shall be 
                        assessed as a penalty against the 
                        surety.
                          ``(viii) If compliance occurs more 
                        than 18 months but no more than 21 
                        months after the mailing of the arrest 
                        warrant and order to the bonding agent 
                        and the surety required under clause 
                        (i)(III), an amount equal to 50 percent 
                        of the face amount of the bond shall be 
                        assessed as a penalty against the 
                        surety.
                          ``(ix) If compliance occurs more than 
                        21 months but no more than 24 months 
                        after the mailing of the arrest warrant 
                        and order to the bonding agent and the 
                        surety required under clause (i)(III), 
                        an amount equal to 75 percent of the 
                        face amount of the bond shall be 
                        assessed as a penalty against the 
                        surety.
                          ``(x) If compliance occurs 24 months 
                        or more after the mailing of the arrest 
                        warrant and order to the bonding agent 
                        and the surety required under clause 
                        (i)(III), an amount equal to 100 
                        percent of the face amount of the bond 
                        shall be assessed as a penalty against 
                        the surety.
                          ``(xi) If any surety surrenders any 
                        principal to the Secretary of Homeland 
                        Security at any time and place after 
                        the period for compliance has passed, 
                        the Secretary of Homeland Security 
                        shall cause to be issued to that surety 
                        an amount equal to 50 percent of the 
                        face amount of the bond: Provided, 
                        however, That if that surety owes any 
                        penalties on bonds to the United 
                        States, the amount that surety would 
                        otherwise receive shall be offset by 
                        and applied as a credit against the 
                        amount of penalties on bonds it owes 
                        the United States, and then that surety 
                        shall receive the remainder of the 
                        amount to which it is entitled under 
                        this subparagraph, if any.
                          ``(xii) All penalties assessed 
                        against a surety on a bond, if any, 
                        shall be paid by the surety no more 
                        than 27 months after the mailing of the 
                        arrest warrant and order to the bonding 
                        agent and the surety required under 
                        clause (i)(III).
                  ``(B) The Secretary of Homeland Security may 
                waive penalties or extend the period for 
                payment or both, if--
                          ``(i) a written request is filed with 
                        the Secretary of Homeland Security; and
                          ``(ii) the bonding agent or surety 
                        provides an affidavit that diligent 
                        efforts were made to effect compliance 
                        of the principal.
                  ``(C) Compliance; exoneration; limitation of 
                liability.--
                          ``(i) Compliance.--A bonding agent or 
                        surety shall have the absolute right to 
                        locate, apprehend, arrest, detain, and 
                        surrender any principal, wherever he or 
                        she may be found, who violates any of 
                        the terms and conditions of his or her 
                        bond.
                          ``(ii) Exoneration.--Upon satisfying 
                        any of the requirements of the bond, 
                        the surety shall be completely 
                        exonerated.
                          ``(iii) Limitation of liability.--
                        Notwithstanding any other provision of 
                        law, the total liability on any surety 
                        undertaking shall not exceed the face 
                        amount of the bond.''.
  (c) Effective Date.--The provisions of this section shall 
take effect on the date of the enactment of this Act and shall 
apply to bonds and surety undertakings executed before, on, or 
after the date of the enactment of this Act.

SEC. 106. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.

  (a) In General.--Section 236(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1226(a)(2)) is amended to read as 
follows:
          ``(2) subject to such reasonable regulations as the 
        Secretary of Homeland Security may prescribe, shall 
        permit agents, servants, and employees of corporate 
        sureties to visit in person with individuals detained 
        by the Secretary of and, subject to section 241(a)(8), 
        may release the alien on a delivery bond of at least 
        $10,000, with security approved by the Secretary, and 
        containing conditions and procedures prescribed by 
        section 105 of the REAL ID Act of 2005 and by the 
        Secretary, but the Secretary shall not release the 
        alien on or to his own recognizance unless an order of 
        an immigration judge expressly finds and states in a 
        signed order to release the alien to his own 
        recognizance that the alien is not a flight risk and is 
        not a threat to the United States''.
  (b) Repeal.--Section 286(r) of the Immigration and 
Nationality Act (8 U.S.C. 1356(r)) is repealed.
  (c) Effective Date.--The amendment made by subsection (a) 
shall take effect on the date of the enactment of this Act.

SEC. 107. DETENTION OF ALIENS DELIVERED BY BONDSMEN.

  (a) In General.--Section 241(a) of the Immigration and 
Nationality Act (8 U.S.C. 1231(a)) is amended by adding at the 
end the following:
          ``(8) Effect of production of alien by bondsman.--
        Notwithstanding any other provision of law, the 
        Secretary of Homeland Security shall take into custody 
        any alien subject to a final order of removal, and 
        cancel any bond previously posted for the alien, if the 
        alien is produced within the prescribed time limit by 
        the obligor on the bond whether or not the Department 
        of Homeland Security accepts custody of the alien. The 
        obligor on the bond shall be deemed to have 
        substantially performed all conditions imposed by the 
        terms of the bond, and shall be released from liability 
        on the bond, if the alien is produced within such time 
        limit.''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall take effect on the date of the enactment of this Act and 
shall apply to all immigration bonds posted before, on, or 
after such date.
                              ----------                              


2. An Amendment To Be Offered by Representative Castle of Delaware, or 
              His Designee, To Be Debatable for 20 Minutes

  In section 204 of the bill, before ``Section'' insert ``(a) 
Criminal Penalty.--''.
  At the end of section 204 of the bill, insert the following:
  (b) Use of False Driver's License at Airports.--
          (1) In general.--The Secretary shall enter, into the 
        appropriate aviation security screening database, 
        appropriate information regarding any person convicted 
        of using a false driver's license at an airport (as 
        such term is defined in section 40102 of title 49, 
        United States Code).
          (2) False defined.--In this subsection, the term 
        ``false'' has the same meaning such term has under 
        section 1028(d) of title 18, United States Code.
                              ----------                              


 3. An Amendment To Be Offered by Representative Kolbe of Arizona, or 
              His Designee, To Be Debatable for 20 Minutes

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

      TITLE III--BORDER INFRASTRUCTURE AND TECHNOLOGY INTEGRATION

SEC. 301. VULNERABILITY AND THREAT ASSESSMENT.

  (a) Study.--The Under Secretary of Homeland Security for 
Border and Transportation Security, in consultation with the 
Under Secretary of Homeland Security for Science and Technology 
and the Under Secretary of Homeland Security for Information 
Analysis and Infrastructure Protection, shall study the 
technology, equipment, and personnel needed to address security 
vulnerabilities within the United States for each field office 
of the Bureau of Customs and Border Protection that has 
responsibility for any portion of the United States borders 
with Canada and Mexico. The Under Secretary shall conduct 
follow-up studies at least once every 5 years.
  (b) Report to Congress.--The Under Secretary shall submit a 
report to Congress on the Under Secretary's findings and 
conclusions from each study conducted under subsection (a) 
together with legislative recommendations, as appropriate, for 
addressing any security vulnerabilities found by the study.
  (c) Authorization of Appropriations.--There are authorized to 
be appropriated to the Department of Homeland Security 
Directorate of Border and Transportation Security such sums as 
may be necessary for fiscal years 2006 through 2011 to carry 
out any such recommendations from the first study conducted 
under subsection (a).

SEC. 302. USE OF GROUND SURVEILLANCE TECHNOLOGIES FOR BORDER SECURITY.

  (a) Pilot Program.--Not later than 180 days after the date of 
the enactment of this Act, the Under Secretary of Homeland 
Security for Science and Technology, in consultation with the 
Under Secretary of Homeland Security for Border and 
Transportation Security, the Under Secretary of Homeland 
Security for Information Analysis and Infrastructure 
Protection, and the Secretary of Defense, shall develop a pilot 
program to utilize, or increase the utilization of, ground 
surveillance technologies to enhance the border security of the 
United States. In developing the program, the Under Secretary 
shall--
          (1) consider various current and proposed ground 
        surveillance technologies that could be utilized to 
        enhance the border security of the United States;
          (2) assess the threats to the border security of the 
        United States that could be addressed by the 
        utilization of such technologies; and
          (3) assess the feasibility and advisability of 
        utilizing such technologies to address such threats, 
        including an assessment of the technologies considered 
        best suited to address such threats.
  (b) Additional Requirements.--
          (1) In general.--The pilot program shall include the 
        utilization of a variety of ground surveillance 
        technologies in a variety of topographies and areas 
        (including both populated and unpopulated areas) on 
        both the northern and southern borders of the United 
        States in order to evaluate, for a range of 
        circumstances--
                  (A) the significance of previous experiences 
                with such technologies in homeland security or 
                critical infrastructure protection for the 
                utilization of such technologies for border 
                security;
                  (B) the cost, utility, and effectiveness of 
                such technologies for border security; and
                  (C) liability, safety, and privacy concerns 
                relating to the utilization of such 
                technologies for border security.
          (2) Technologies.--The ground surveillance 
        technologies utilized in the pilot program shall 
        include the following:
                  (A) Video camera technology.
                  (B) Sensor technology.
                  (C) Motion detection technology.
  (c) Implementation.--The Under Secretary of Homeland Security 
for Border and Transportation Security shall implement the 
pilot program developed under this section.
  (d) Report.--Not later than 1 year after implementing the 
pilot program under subsection (a), the Under Secretary shall 
submit a report on the program to the Senate Committee on 
Commerce, Science, and Transportation, the House of 
Representatives Committee on Science, the House of 
Representatives Committee on Homeland Security, and the House 
of Representatives Committee on the Judiciary. The Under 
Secretary shall include in the report a description of the 
program together with such recommendations as the Under 
Secretary finds appropriate, including recommendations for 
terminating the program, making the program permanent, or 
enhancing the program.

SEC. 303. ENHANCEMENT OF COMMUNICATIONS INTEGRATION AND INFORMATION 
                    SHARING ON BORDER SECURITY.

  (a) In General.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Homeland Security, 
acting through the Under Secretary of Homeland Security for 
Border and Transportation Security, in consultation with the 
Under Secretary of Homeland Security for Science and 
Technology, the Under Secretary of Homeland Security for 
Information Analysis and Infrastructure Protection, the 
Assistant Secretary of Commerce for Communications and 
Information, and other appropriate Federal, State, local, and 
tribal agencies, shall develop and implement a plan--
          (1) to improve the communications systems of the 
        departments and agencies of the Federal Government in 
        order to facilitate the integration of communications 
        among the departments and agencies of the Federal 
        Government and State, local government agencies, and 
        Indian tribal agencies on matters relating to border 
        security; and
          (2) to enhance information sharing among the 
        departments and agencies of the Federal Government, 
        State and local government agencies, and Indian tribal 
        agencies on such matters.
  (b) Report.--Not later than 1 year after implementing the 
plan under subsection (a), the Secretary shall submit a copy of 
the plan and a report on the plan, including any 
recommendations the Secretary finds appropriate, to the Senate 
Committee on Commerce, Science, and Transportation, the House 
of Representatives Committee on Science, the House of 
Representatives Committee on Homeland Security, and the House 
of Representatives Committee on the Judiciary.
                              ----------                              


4. An Amendment To Be Offered by Representative Nadler of New York, or 
              His Designee, To Be Debatable for 20 Minutes

  Strike section 101 of the bill (and redesignate the 
succeeding sections of title I accordingly). 

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

  Strike section 102 of the bill.

                                  
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