49–008 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–347 

PROVIDING FOR CONSIDERATION OF H.R. 4437, BORDER 

PROTECTION, ANTITERRORISM, AND ILLEGAL IMMIGRATION CONTROL ACT OF 2005 

DECEMBER 15 (legislative day, DECEMBER 14), 2005.—Referred to the House 

Calendar and ordered to be printed 

Mr. GINGREY, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 610] 

The Committee on Rules, having had under consideration House 

Resolution 610, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 4437, the Border Protection, Antiterrorism, and Illegal Immigration Control Act 

of 2005, under a structured rule. The rule provides two hours of 

general debate equally divided among and controlled by the chairman and ranking minority member of the Committee on the Judiciary and the chairman and ranking minority member of the Committee on Homeland Security. The rule waives all points of order 

against consideration of the bill. 

The rule provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill, modified by the amendment printed in part A of this 

report, shall be considered as adopted in the House and in the 

Committee of the Whole and shall be considered as read. The rule 

waives all points of order against the bill, as amended. 

The rule makes in order only those amendments printed in part 

B of this report. The rule provides that the amendments printed in 

part B of this report may be offered only in the order printed in 

this report, may be offered only by a Member designated in this report, shall be considered as read, shall be debatable for the time 

specified in this report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and 

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shall not be subject to a demand for division of the question in the 

House or in the Committee of the Whole. The rule waives all points 

of order against the amendments printed in part B of this report. 

Finally, the rule provides that, after disposition of the amendments printed in part B of this report, the Committee of the Whole 

shall rise without motion and no further consideration of the bill 

shall be in order except by a subsequent order of the House. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the bill 

includes a waiver of clause 4(a) of rule XIII (requiring a three-day 

layover of the committee report). The waiver is necessary because 

the Committee on the Judiciary filed its report (H. Rept. 109–345, 

Part I) with the House on the legislative day of Tuesday, December 

13, 2005 and the bill may be considered by the House as early as 

the legislative day of Thursday, December 15, 2005. 

PART A—SUMMARY OF AMENDMENT CONSIDERED AS ADOPTED

(Summary of amendment derived from information provided by 

the sponsor.) 

Thomas—No. 131: Authorizes the Commissioner of Social Security to perform activities with respect to carrying out the Commissioner’s responsibilities in title VII, Employment Eligibility 

Verification, but only to the extent the Secretary of Homeland Security has provided, in advance, funds to cover the Commissioner’s 

full costs in carrying out such responsibilities. Prohibits funds from 

the Federal Old-Age and Survivors Insurance Trust Fund or the 

Federal Disability Insurance Trust Fund from being used to carry 

out such responsibilities. 

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

(Summaries of amendments derived from information provided 

by the sponsors.) 

1. Carter—No. 38: Requires the Secretary of Homeland Security 

to include satellite communications in the plan authorized by Section 106 of H.R. 4473. (10 minutes) 

2. Gohmert—No. 9: Directs the Inspector General to refer any instances of misconduct or wrongdoing on a contract to the Secretary 

of the Department of Homeland Security or other appropriate official for the purpose of evaluating whether or not suspension or debarment of the contractor is warranted. (10 minutes) 

3. Johnson, Sam (TX)—No. 26: Sense of Congress that the President, Attorney General, Secretary of State, Secretary of Homeland 

Security and other Department Secretaries should immediately use 

every tool available to them to enforce the immigration laws of the 

U.S., as enacted by Congress. (10 minutes) 

4. Renzi—No. 77: States that all uniforms procured for use by 

Border Patrol agents are to be made in the United States. (10 minutes) 

5. Castle—No. 16: Requires DHS to submit a timeline for: (1) 

equipping all land borders with the US–VISIT entry/exit system; 

(2) developing and deploying the exit component of the US–VISIT 

system at all land borders; and (3) making all border screening systems operated by the Department interoperable. (10 minutes) 

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6. Gingrey—No. 130: Suspends the Visa Waiver Program until 

the automated entry-exit program is operational and until ports of 

entry have functional biometric machine readers. (10 minutes) 

7. Campbell—No. 59: Amends Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 by replacing 

‘‘Immigration and Naturalization Service’’ with ‘‘Department of 

Homeland Security’’ and enforces Section 642 by stating that the 

Attorney General shall not provide any grant amount to any Federal, State, or local government agency or entity that violates the 

Act (which states that any government official or entity may not be 

prohibited from sending information to DHS regarding the citizenship or immigration status of any individual). (10 minutes) 

8. Jackson-Lee—No. 7: Provides guidelines for implementing the 

secured alternatives to detention provision in section 402(a). (10 

minutes) 

9. Castle—No. 17: Requires the Department of Homeland Security to report to Congress on: (1) the number of illegal aliens from 

noncontiguous countries who are apprehended at or between ports 

of entry; (2) the number of such aliens that have been deported; 

and (3) the number of such aliens from countries identified as sponsors of terrorism. Also encourages the Department to develop a 

strategy for entering the appropriate background information of illegal aliens from countries sponsoring terrorism into appropriate 

security screening watch lists. (10 minutes) 

10. Brown-Waite—No. 51: Inserts a new section declaring that 

Congress condemns rapes by smugglers along the international 

land border of the U.S. and urges in the strongest possible terms 

the government of Mexico to work in coordination with the U.S. 

Customs and Border Protection of the Department of Homeland Security to take immediate action to prevent such rapes from occurring. (10 minutes) 

11. Hunter/Dreier/Royce/Goode/Gingrey—No. 113: Mandates the 

construction of specific security fencing, including lights and cameras, along the Southwest border for the purposes of gaining operational control of the border. Fencing has been designated in sectors that have the highest number of immigrant deaths, instances 

of drug smuggling and illegal border crossings. Includes a requirement for the Secretary of Homeland Security to conduct a study on 

the use of physical barriers along the Northern border. (20 minutes) 

12. DeFazio/Lungren—No. 47: Directs Customs and Border Protection (CPB) to conduct a pilot program to evaluate the use of 

automated systems for immediate prescreening of individual airline 

passengers bound for the U.S. before they board a plane. Pilot 

would use at least one airline in two foreign airports and evaluate 

up to three automated systems. CBP would be required to report 

to Congress no later than 30 days after completion of the pilot and 

provide a plan to fully deploy the most preferable prescreening system no later than January 1, 2007. (10 minutes) 

13. Hayworth—No. 95: Increases the number of employmentbased visas available through a reduction in other non-employment-based immigration categories. (10 minutes) 

14. Goodlatte/Herseth—No. 37: Eliminates the visa lottery program. (10 minutes) 

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15. Filner—No. 45: Makes technical changes to the current statue governing the distribution of fraudulent documents. The statue 

does not mention ‘‘distribution’’ of illegal documents, which applies 

to the re-sale or sale of fraudulent documents. By adding distribution to the criminal code those convicted of distributing illegal documents will be held to the same penalties as those who create, 

alter, or falsify any immigration related documeNt. (10 minutes) 

COMMITTEE VOTES

Pursuant to clause 3(b) of House rule XIII the results of each 

record vote on an amendment or motion to report, together with 

the names of those voting for and against, are printed below: 

Rules Committee record vote No. 138 

Date: December 15, 2005 (Legislative day of December 14, 2005). 

Measure: H.R. 4437, the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005. 

Motion by: Mrs. Slaughter. 

Summary of motion: To strike the unfunded mandates waiver 

(clause 11 of rule XVIII) from the rule. 

Results: Defeated 4 to 8. 

Vote by Members: Diaz-Balart—Nay; Hastings (WA)—Nay; Sessions—Nay; Putnam—Nay; Capito—Nay; Cole—Nay; Gingrey—

Nay; Slaughter—Yea; McGovern—Yea; Hastings (FL)—Yea; Matsui—Yea; Dreier—Nay. 

Rules Committee record vote No. 139 

Date: December 15, 2005 (Legislative day of December 14, 2005). 

Measure: H.R. 4437, the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005. 

Motion by: Mrs. Slaughter. 

Summary of motion: To not report the rule. 

Results: Defeated 4 to 8. 

Vote by Members: Diaz-Balart—Nay; Hastings (WA)—Nay; Sessions—Nay; Putnam—Nay; Capito—Nay; Cole—Nay; Gingrey— Nay; Slaughter—Yea; McGovern—Yea; Hastings (FL)—Yea; Matsui—Yea; Dreier—Nay. 

Rules Committee record vote No. 140 

Date: December 15, 2005 (Legislative day of December 14, 2005). 

Measure: H.R. 4437, the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005. 

Motion by: Mr. Hastings of Florida. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Mr. Kolbe, which 

maintains the enforcement and security provisions in the Border 

Protection, Antiterrorism, and Illegal Immigration Control Act and 

adds provisions of the Secure America and Orderly Immigration 

Act (H.R. 2330/S. 1033), including State Criminal Alien Assistance, 

the Essential Worker Visa Program, Family Unity and Backlog Reduction, Adjustment of Status for Undocumented Immigrants, Protection Against Immigration Fraud, and Civics Integration. 

Results: Defeated 5 to 7. 

Vote by Members: Diaz-Balart—Nay; Hastings (WA)—Yea; Sessions—Nay; Putnam—Nay; Capito—Nay; Cole—Nay; Gingrey—

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Nay; Slaughter—Yea; McGovern—Yea; Hastings (FL)—Yea; Matsui—Yea; Dreier—Nay. 

PART A—TEXT OF AMENDMENT TO BE CONSIDERED AS 

ADOPTED 

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

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

The Commissioner of Social Security is authorized to perform activities with respect to carrying out the Commissioner’s responsibilities in this title or the amendments made by this title, but only 

to the extent (except for the purpose of carrying out section 707) 

the Secretary of Homeland Security has provided, in advance, 

funds to cover the Commissioner’s full costs in carrying out such 

responsibilities. In no case shall funds from the Federal Old-Age 

and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund be used to carry out such responsibilities. 

PART B—TEXT OF AMENDMENTS MADE IN ORDER 

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CARTER OF

TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

In section 106, in the matter preceding paragraph (1), strike 

‘‘communication capabilities’’ and insert ‘‘communication capabilities, including the specific use of satellite communications’’

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GOHMERT

OF TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of section 109, add the following new subsection: 

(e) ACTION BY INSPECTOR GENERAL.—In the event the Inspector 

General becomes aware of any improper conduct or wrongdoing in 

accordance with the contract review required under subsection (a), 

the Inspector General shall, as expeditiously as practicable, refer 

information related to such improper conduct or wrongdoing to the 

Secretary of Homeland Security or other appropriate official in the 

Department of Homeland Security for purposes of evaluating 

whether to suspend or debar the contractor. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SAM

JOHNSON OF TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, insert the following: 

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

(a) FINDINGS.—Congress finds the following: 

(1) A primary duty of the Federal Government is to secure 

the homeland and ensure the safety of United States citizens 

and lawful residents. 

(2) As a result of the terrorist attacks on September 11, 

2001, perpetrated by al Qaida terrorists on United States soil, 

the United States is engaged in a Global War on Terrorism. 

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(3) According to the National Commission on Terrorist Attacks Upon the United States, up to 15 of the 9/11 hijackers 

could have been intercepted or deported through more diligent 

enforcement of immigration laws. 

(4) Four years after those attacks, there is still a failure to 

secure the borders of the United States against illegal entry. 

(5) The failure to enforce immigration laws in the interior of 

the United States means that illegal aliens face little or no risk 

of apprehension or removal once they are in the country. 

(6) If illegal aliens can enter and remain in the United 

States with impunity, so, too, can terrorists enter and remain 

while they plan, rehearse, and then carry out their attacks. 

(7) The failure to control and to prevent illegal immigration 

into the United States increases the likelihood that terrorists 

will succeed in launching catastrophic or harmful attacks on 

United States soil. 

(8) There are numerous immigration laws that are currently 

not being enforced. 

(9) Law enforcement officers are often discouraged from enforcing the law by superiors. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

President, the Attorney General, Secretary of State, Secretary of 

Homeland Security, and other Department Secretaries should immediately use every tool available to them to enforce the immigration laws of the United States, as enacted by Congress. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RENZI OF

ARIZONA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 118. SECURING ACCESS TO BORDER PATROL UNIFORMS. 

Notwithstanding any other provision of law, all uniforms procured for the use of Border Patrol agents shall be manufactured in 

the United States substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the 

United States. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CASTLE OF

DELAWARE, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 118. US-VISIT. 

Not later than one year after the date of the enactment of this 

Act, the Secretary of Homeland Security, in consultation with the 

heads of other appropriate Federal agencies, shall submit to the appropriate congressional committees a timeline for— (1) equipping all land border ports of entry with the USVISIT system; 

(2) developing and deploying at all land border ports of entry 

the exit component of the US-VISIT system; and 

(3) making interoperable all immigration screening systems 

operated by the Department of Homeland Security. 

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6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GINGREY

OF GEORGIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 118. SUSPENSION OF VISA WAIVER PROGRAM. 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

the visa waiver program established under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187)is hereby suspended 

until such time as the Secretary of Homeland Security determines 

and certifies to Congress that— (1) the automated entry-exit control system authorized under 

section 110 of the Illegal Immigration Reform and Immigrant 

Responsibility Act of 1996 (8 U.S.C. 1221 note) is fully implemented and functional; 

(2) all United States ports of entry have functional biometric 

machine readers; and 

(3) all nonimmigrants, including Border Crossing Card holders, are processed through the automated entry-exit control 

system. 

(b) REPEAL.—Subparagraph (B) of section 217(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1187(a)(3)) is hereby repealed. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CAMPBELL

OF CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title III, add the following: 

SEC. 308. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND 

THE DEPARTMENT OF HOMELAND SECURITY. 

(a) IN GENERAL.—Section 642 of the Illegal Immigration Reform 

and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is 

amended— (1) by striking ‘‘Immigration and Naturalization Service’’ and 

inserting ‘‘Department of Homeland Security’’ each place it appears; and 

(2) by adding at the end the following: ‘‘(d) ENFORCEMENT.— ‘‘(1) INELIGIBILITY FOR FEDERAL LAW ENFORCEMENT AID.— Upon a determination that any person, or any Federal, State, 

or local government agency or entity, is in violation of subsection (a) or (b), the Attorney General shall not provide to 

that person, agency, or entity any grant amount pursuant to 

any law enforcement grant program carried out by any element 

of the Department of Justice, including the program under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 

241(i)), and shall ensure that no such grant amounts are provided, directly or indirectly, to such person, agency, or entity. 

In the case of grant amounts that otherwise would be provided 

to such person, agency, or entity pursuant to a formula, such 

amounts shall be reallocated among eligible recipients. 

‘‘(2) VIOLATIONS BY GOVERNMENT OFFICIALS.—In any case in 

which a Federal, State, or local government official is in violation of subsection (a) or (b), the government agency or entity 

that employs (or, at the time of the violation, employed) the official shall be subject to the sanction under paragraph (1). 

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‘‘(3) DURATION.—The sanction under paragraph (1) shall remain in effect until the Attorney General determines that the 

person, agency, or entity has ceased violating subsections (a) 

and (b).’’. (b) EFFECTIVE DATE.—The amendments made by subsection (a) 

shall apply to grant requests pending on or or after the date of the 

enactment of this Act. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON- LEE OF TEXAS, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Amend section 402 to read as follows: 

SEC. 402. EXPANSION AND EFFECTIVE MANAGEMENT OF DETENTION 

FACILITIES. 

(a) IN GENERAL.—Subject to the availability of appropriations, 

the Secretary of Homeland Security shall fully utilize— (1) all available detention facilities operated or contracted by 

the Department of Homeland Security; and 

(2) all possible options to cost effectively increase available 

detention capacities, including the use of temporary detention 

facilities, the use of State and local correctional facilities, private space, and secure alternatives to detention (in accordance 

with subsection (b)). 

(b) SECURE ALTERNATIVES TO DETENTION PROGRAM.— (1) NATURE OF THE PROGRAM.—For purposes of this section, 

the secure alternatives to detention referred to in subsection 

(a) is a program under which eligible aliens are released to the 

custody of suitable individual or organizational sponsors who 

will supervise them, use appropriate safeguards to prevent 

them from absconding, and ensure that they make required appearances. 

(2) PROGRAM DEVELOPMENT.—The program shall be developed in accordance with the following guidelines: 

(A) The Secretary shall design the program in consultation with nongovernmental organizations and academic experts in both the immigration and the criminal justice 

fields. Consideration should be given to methods that have 

proven successful in appearance assistance programs, such 

as the appearance assistance program developed by the 

Vera Institute and the Department of Homeland Security’s 

Intensive Supervision Appearance Program. 

(B) The program shall utilize a continuum of alternatives based on the alien’s need for supervision, including 

placement of the alien with an individual or organizational 

sponsor, a supervised group home, or in a supervised, nonpenal community setting that has guards stationed along 

its perimeter. 

(C) The Secretary shall enter into contracts with nongovernmental organizations and individuals to implement 

the secure alternatives to detention program. 

(c) ELIGIBILITY AND OPERATIONS.—

(1) SELECTION OF PARTICIPANTS.—The Secretary shall select 

aliens to participate in the program from designated groups 

specified in paragraph (4) if the Secretary determines that 

such aliens are not flight risks or dangers to the community. 

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(2) VOLUNTARY PARTICIPATION.—An alien’s participation in 

the program is voluntary and shall not confer any rights or 

benefits to the alien under the Immigration and Nationality 

Act (8 U.S.C. 1101 et seq.). 

(3) LIMITATION ON PARTICIPATION.— (A) IN GENERAL.—Only aliens who are in expedited removal proceedings under section 236 of the Immigration 

and Nationality Act (8 U.S.C. 1226) may participate in the 

program. 

(B) RULES OF CONSTRUCTION.— (i) ALIENS APPLYING FOR ASYLUM.—Aliens who have 

established a credible fear of persecution and have 

been referred to the Executive Office for Immigration 

Review for an asylum hearing shall not be considered 

to be in expedited removal proceedings and the custody status of such aliens after service of a Notice to 

Appear shall be determined in accordance with the 

procedures governing aliens in removal proceedings 

under section 240 of such Act (8 U.S.C. 1229a). 

(ii) UNACCOMPANIED ALIEN CHILDREN.—Unaccompanied alien children (as defined in section 462(g)(2) of 

the Homeland Security Act (6 U.S.C. 279(g)(2))) shall 

be considered to be in the care and exclusive custody 

of the Department of Health and Human Services and 

shall not be subject to expedited removal and shall not 

be permitted to participate in the program. 

(4) DESIGNATED GROUPS.—The designated groups referred to 

in paragraph (1) are the following: 

(A) Alien parents who are being detained with one or 

more of their children, and their detained children. 

(B) Aliens who have serious medical or mental health 

needs. 

(C) Aliens who are mentally retarded or autistic. 

(D) Pregnant alien women. 

(E) Elderly aliens who are over the age of 65. 

(F) Aliens placed in expedited removal proceedings after 

being rescued from trafficking or criminal operations by 

Government authorities. 

(G) Other groups designated in regulations promulgated 

by the Secretary. 

(5) IMPLEMENTING REGULATIONS.—Not later than 180 days 

after the date of the enactment of this Act, the Secretary shall 

promulgate regulations to implement the secure alternatives to 

detention program and to standardize the care and treatment 

of aliens in immigration custody based on the Detention Operations Manual of the Department of Homeland Security. 

(6) DECISIONS REGARDING PROGRAM NOT REVIEWABLE.—The 

decisions of the Secretary regarding when to utilize the program and to what extent and the selection of aliens to participate in the program shall not be subject to administrative or 

judicial review. 

(d) REPORTING REQUIREMENTS.—Not later than 180 days after 

the date of the enactment of this Act and annually thereafter, the 

Secretary shall submit to the Committee on Homeland Security of 

the House of Representatives, the Committee on the Judiciary of 

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the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on 

the Judiciary of the Senate a report that details all policies, regulations, and actions taken to comply with the provisions in this section, including maximizing detention capacity and increasing the 

cost-effectiveness of detention by implementing the secure alternatives to detention program, and a description of efforts taken to 

ensure that all aliens in expedited removal proceedings are residing under conditions that are safe, secure, and healthy. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary of Homeland Security such sums 

as may be necessary to carry out this section. Amounts appropriated pursuant to this section shall remain available until expended. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CASTLE OF

DELAWARE, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 408. REPORT ON APPREHENSION AND DETENTION OF CERTAIN 

ALIENS. 

(a) REPORT REQUIRED.—Not later than two years after the date 

of the enactment of this Act, the Secretary of Homeland Security 

shall submit to Congress a report on—

(1) the number of illegal aliens from noncontiguous countries 

who are apprehended at or between ports of entry since the 

date of enactment of this Act; 

(2) the number of such aliens who have been deported since 

the date of enactment of this Act; and 

(3) the number of such aliens from countries the governments of which the Secretary of State has determined, for purposes section 6(j)(1)(A) of the Export Administration Act of 

1979 (as in effect pursuant to the International Emergency 

Economic Powers Act; 50 U.S.C. 1701 et seq.), section 40(d) of 

the Arms Export Control Act (22 U.S.C. 2780(d)), section 620A 

of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or other 

provision of law, are governments that have repeatedly provided support for acts of international terrorism. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

Secretary of Homeland Security should develop a strategy for entering into appropriate security screening watch lists the appropriate background information of illegal aliens from countries described in paragraph (3) of subsection (a). 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BROWNWAITE OF FLORIDA, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 615. DECLARATION OF CONGRESS. 

Congress condemns rapes by smugglers along the international 

land border of the United States and urges in the strongest possible terms the Government of Mexico to work in coordination with 

United States Customs and Border Protection of the Department of 

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Homeland Security take immediate action to prevent such rapes 

from occurring. 

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HUNTER

OF CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

At the end of the bill, add the following: 

TITLE IX—FENCING AND OTHER 

BORDER SECURITY IMPROVEMENTS 

SEC. 901. FINDINGS. 

The Congress finds the following: 

(1) Hundreds of people die crossing our international border 

with Mexico every year. 

(2) Illegal narcotic smuggling along the Southwest border of 

the United States is both dangerous and prolific. 

(3) Over 155,000 non-Mexican individuals were apprehended 

trying to enter the United States along the Southwest border 

in fiscal year 2005. 

(4) The number of illegal entrants into the United States 

through the Southwest border is estimated to exceed one million people a year. 

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

OF MEXICO. 

Section 102(b) of the Illegal Immigration Reform and Immigrant 

Responsibility Act of 1996 (Public Law 104–208; 8 U.S.C. 1103 

note) is amended—

(1) in the subsection heading by striking ‘‘NEAR SAN DIEGO, 

CALIFORNIA’’; and 

(2) by amending paragraph (1) to read as follows: 

‘‘(1) SECURITY FEATURES.—

‘‘(A) REINFORCED FENCING.—In carrying out subsection 

(a), the Secretary of Homeland Security shall provide for 

least 2 layers of reinforced fencing, the installation of additional physical barriers, roads, lighting, cameras, and sensors—

‘‘(i) extending from 10 miles west of the Tecate, California, port of entry to 10 miles east of the Tecate, 

California, port of entry; 

‘‘(ii) extending from 10 miles west of the Calexico, 

California, port of entry to 5 miles east of the Douglas, 

Arizona, port of entry; 

‘‘(iii) extending from 5 miles west of the Columbus, 

New Mexico, port of entry to 10 miles east of El Paso, 

Texas; 

‘‘(iv) extending from 5 miles northwest of the Del 

Rio, Texas, port of entry to 5 miles southeast of the 

Eagle Pass, Texas, port of entry; and 

‘‘(v) extending 15 miles northwest of the Laredo, 

Texas, port of entry to the Brownsville, Texas, port of 

entry. 

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‘‘(B) PRIORITY AREAS.—With respect to the border described—

‘‘(i) in subparagraph (A)(ii), the Secretary shall ensure that an interlocking surveillance camera system 

is installed along such area by May 30, 2006 and that 

fence construction is completed by May 30, 2007; and ‘‘(ii) in subparagraph (A)(v), the Secretary shall ensure that fence construction from 15 miles northwest 

of the Laredo, Texas port of entry to 15 southeast of 

the Laredo, Texas port of entry is completed by December 31, 2006. ‘‘(C) EXCEPTION.—If the topography of a specific area has 

an elevation grade that exceeds 10%, the Secretary may 

use other means to secure such area, including the use of 

surveillance and barrier tools. ’’. 

SEC. 903. NORTHERN BORDER STUDY. 

(a) IN GENERAL.—The Secretary of Homeland Security shall conduct a study on the construction of a state-of-the-art barrier system 

along the northern international land and maritime border of the 

United States and shall include in the study—

(1) the necessity of constructing such a system; and 

(2) the feasibility of constructing the system. 

(b) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall report 

to the Congress on the study described in subsection (a). 

SEC. 904. SENSE OF THE CONGRESS. 

It is the sense of the Congress that the Secretary of Homeland 

Security shall take all necessary steps to secure the Southwest 

international border for the purpose of saving lives, stopping illegal 

drug trafficking, and halting the flow of illegal entrants into the 

United States. 

12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DEFAZIO

OF OREGON, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following (and conform the table 

of contents accordingly): 

TITLE ll—PRESCREENING OF AIR 

PASSENGERS 

SEC. ll. IMMEDIATE INTERNATIONAL PASSENGER PRESCREENING 

PILOT PROGRAM. 

(a) PILOT PROGRAM.—Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall initiate a pilot program to evaluate the use of automated systems for 

the immediate prescreening of passengers on flights in foreign air 

transportation, as defined by section 40102 of title 49, United 

States Code, that are bound for the United States. 

(b) REQUIREMENTS.—At a minimum, with respect to a passenger 

on a flight described in subsection (a) operated by an air carrier or 

foreign air carrier, the automated systems evaluated under the 

pilot program shall—

13 

(1) compare the passenger’s information against the integrated and consolidated terrorist watchlist maintained by the 

Federal Government and provide the results of the comparison 

to the air carrier or foreign air carrier before the passenger is 

permitted to board the flight; 

(2) provide functions similar to the advanced passenger information system established under section 431 of the Tariff Act 

of 1930 (19 U.S.C. 1431); and 

(3) make use of machine-readable data elements on passports and other travel and entry documents in a manner consistent with international standards. 

(c) OPERATION.—The pilot program shall be conducted—

(1) in not fewer than 2 foreign airports; and 

(2) in collaboration with not fewer than one air carrier at 

each airport participating in the pilot program. 

(d) EVALUATION OF AUTOMATED SYSTEMS.—In conducting the 

pilot program, the Secretary shall evaluate not more than 3 automated systems. One or more of such systems shall be commercially 

available and currently in use to prescreen passengers. 

(e) PRIVACY PROTECTION.—The Secretary shall ensure that the 

passenger data is collected under the pilot program in a manner 

consistent with the standards established under section 552a of 

title 5, United States Code. 

(f) DURATION.—The Secretary shall conduct the pilot program for 

not fewer than 90 days. 

(g) PASSENGER DEFINED.—In this section, the term ‘‘passenger’’

includes members of the flight crew. 

(h) REPORT.—Not later than 30 days after the date of completion 

of the pilot program, the Secretary shall submit to the Committee 

on Homeland Security of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the Senate a report containing the following: 

(1) An assessment of the technical performance of each of the 

tested systems, including the system’s accuracy, scalability, 

and effectiveness with respect to measurable factors, including, 

at a minimum, passenger throughput, the rate of flight diversions, and the rate of false negatives and positives. 

(2) A description of the provisions of each tested system to 

protect the civil liberties and privacy rights of passengers, as 

well as a description of the adequacy of an immediate redress 

or appeals process for passengers denied authorization to travel. 

(3) Cost projections for implementation of each tested system, including—

(A) projected costs to the Department of Homeland Security; and 

(B) projected costs of compliance to air carriers operating 

flights described in subsection (a). 

(4) A determination as to which tested system is the bestperforming and most efficient system to ensure immediate 

prescreening of international passengers. Such determination 

shall be made after consultation with individuals in the private 

sector having expertise in airline industry, travel, tourism, privacy, national security, and computer security issues. 

14 

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

13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

HAYWORTH OF ARIZONA, OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

At the end of the bill, insert the following: 

TITLE IX—AMENDMENTS TO VISA 

NUMBERS 

SEC. 901. ELIMINATION OF FAMILY 4TH PREFERENCE VISA CATEGORY 

FOR ADULT SIBLINGS OF CITIZENS. 

(a) IN GENERAL.—Section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended—

(1) in paragraph (1), by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraph (3)’’; and 

(2) by striking paragraph (4). 

(b) CONFORMING AMENDMENTS.—The Immigration and Nationality Act is amended—

(1) in section 201(c)(1)(A)(i) (8 U.S.C. 1151(c)(1)(A)(i)), by 

striking ‘‘480,000’’ and inserting ‘‘415,000’’; 

(2) in section 204(a)(1)(A)(i) (8 U.S.C. 1154(a)(1)(A)(i)), by 

striking ‘‘(1), (3), or (4)’’ and inserting ‘‘(1) or (3)’’; and 

(3) in section 212(d)(11) (8 U.S.C. 1182(d)(11)), by striking 

‘‘(other than paragraph (4) thereof)’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to visa numbers for fiscal years beginning with the first 

fiscal year beginning after the date of the enactment of this Act. 

SEC. 902. INCREASE IN EMPLOYMENT BASED VISAS. 

(a) IN GENERAL.—Section 201(d)(1)(A) of the Immigration and 

Nationality Act is amended by striking ‘‘140,000’’ and inserting 

‘‘205,000’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply beginning with the first fiscal year that begins after the 

date of the enactment of this Act. 

14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GOOD- LATTE OF VIRGINIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MIN- UTES

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’’. 

15 

SEC. 902. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM. 

(a) WORLDWIDE LEVEL OF DIVERSITY IMMIGRANTS.—Section 201 

of the Immigration and Nationality Act (8 U.S.C. 1151) is amended—

(1) in subsection (a)—

(A) by inserting ‘‘and’’ at the end of paragraph (1); 

(B) by striking ‘‘; and’’ at the end of paragraph (2) and 

inserting a period; and 

(C) by striking paragraph (3); and 

(2) by striking subsection (e). 

(b) ALLOCATION OF DIVERSITY IMMIGRANT VISAS.—Section 203 of 

such Act (8 U.S.C. 1153) is amended—

(1) by striking subsection (c); 

(2) in subsection (d), by striking ‘‘(a), (b), or (c),’’ and inserting ‘‘(a) or (b),’’; 

(3) in subsection (e), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); 

(4) in subsection (f), by striking ‘‘(a), (b), or (c)’’ and inserting 

‘‘(a) or (b)’’; and 

(5) in subsection (g), by striking ‘‘(a), (b), and (c)’’ and inserting ‘‘(a) and (b)’’. 

(c) PROCEDURE FOR GRANTING IMMIGRANT STATUS.—Section 204 

of such Act (8 U.S.C. 1154) is amended—

(1) by striking subsection (a)(1)(I); and 

(2) in subsection (e), by striking ‘‘(a), (b), or (c)’’ and inserting 

‘‘(a) or (b)’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2006. 

15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FILNER

OF CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Section 1546(a) of title 18, United States Code, is amended in the 

first paragraph by inserting ‘‘distributes (or intends to distribute),’’ before ‘‘or falsely’’ the first place it appears. 

Section 1546(a) of title 18, United States Code, is amended in the 

first paragraph by inserting ‘‘distributed,’’ before ‘‘or falsely’’ the 

second place it appears. 

Æ