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lar amounts otherwise specified in the respective 
paragraph shall be reduced as follows: 
‘‘(A) In the case of an employer with an 
average of fewer than 26 full-time equivalent 
employees (as defined by the Secretary of 
Homeland Security), the amounts shall be re-
duced by 60 percent. 
‘‘(B) In the case of an employer with an 
average of at least 26, but fewer than 101, full- 
time equivalent employees (as so defined), the 
amounts shall be reduced by 40 percent. 
‘‘(C) In the case of an employer with an 
average of at least 101, but fewer than 251, 
full-time equivalent employees (as so defined), 
the amounts shall be reduced by 20 percent. 
The last sentence of paragraph (4) shall apply under 
this paragraph in the same manner as it applies 
under such paragraph.’’. 
‘‘(11) EXEMPTION FROM PENALTY FOR INITIAL 
GOOD FAITH VIOLATION.—In the case of imposition 
of a civil penalty under paragraph (4)(A) with re-
spect to a violation of subsection (a)(1)(A) or (a)(2) 
for hiring or continuation of employment or recruit-
ment or referral by person or entity and in the case 
of imposition of a civil penalty under paragraph (5)
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for a violation of subsection (a)(1)(B) for hiring or 
recruitment or referral by a person or entity, the 
penalty otherwise imposed shall be waived if the vio-
lator establishes that it was the first such violation 
of such provision by the violator and the violator 
acted in good faith. 
‘‘(12) SAFE
HARBOR
FOR
CONTRACTORS.—A 
person or other entity shall not be liable for a pen-
alty under paragraph (4)(A) with respect to the vio-
lation of subsection (a)(1)(A), (a)(1)(B), or (a)(2) 
with respect to the hiring or continuation of employ-
ment of an unauthorized alien by a subcontractor of 
that person or entity unless the person or entity 
knew that the subcontractor hired or continued to 
employ such alien in violation of such subsection. 
(4) by amending paragraph (1) of subsection (f) 
to read as follows: 
‘‘(1) CRIMINAL PENALTY.—Any person or enti-
ty which engages in a pattern or practice of viola-
tions of subsection (a)(1) or (2) shall be fined not 
more than $50,000 for each unauthorized alien with 
respect to which such a violation occurs, imprisoned 
for not less than one year, or both, notwithstanding 
the provisions of any other Federal law relating to 
fine levels.’’; and
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(5) in subsection (f)(2), by striking ‘‘Attorney 
General’’ each place it appears and inserting ‘‘Sec-
retary of Homeland Security’’. 
SEC. 707. REPORT ON SOCIAL SECURITY CARD-BASED EM-
PLOYMENT ELIGIBILITY VERIFICATION. 
(a) REPORT.— 
(1) IN
GENERAL.—Not later than 9 months 
after the date of the enactment of this Act, the 
Commissioner of Social Security, in consultation 
with the Secretary of Treasury, the Secretary of 
Homeland Security, and the Attorney General, shall 
submit a report to Congress that includes an evalua-
tion of the following requirements and changes: 
(A) A requirement that social security 
cards that are made of a durable plastic or 
similar material and that include an encrypted, 
machine-readable electronic identification strip 
and a digital photograph of the individual to 
whom the card is issued, be issued to each indi-
vidual (whether or not a United States citizen) 
who— 
(i) is authorized to be employed in the 
United States; 
(ii) is seeking employment in the 
United States; and
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(iii) files an application for such card, 
whether as a replacement of an existing so-
cial security card or as a card issued in 
connection with the issuance of a new so-
cial security account number. 
(B) The creation of a unified database to 
be maintained by the Department of Homeland 
Security and comprised of data from the Social 
Security Administration and the Department of 
Homeland Security specifying the work author-
ization of individuals (including both United 
States citizens and noncitizens) for the purpose 
of 
conducting 
employment 
eligibility 
verification. 
(C) A requirement that all employers verify 
the employment eligibility of all new hires using 
the social security cards described in subpara-
graph (A) and a phone, electronic card-reading, 
or other mechanism to seek verification of em-
ployment eligibility through the use of the uni-
fied database described in subparagraph (B). 
(2) ITEMS INCLUDED IN REPORT.—The report 
under paragraph (1) shall include an evaluation of 
each of the following:
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(A) Projected cost, including the cost to 
the Federal government, State and local govern-
ments, and the private sector. 
(B) Administrability. 
(C) Potential effects on— 
(i) employers; 
(ii) employees, including employees 
who are United States citizens as well as 
those that are not citizens; 
(iii) tax revenue; and 
(iv) privacy. 
(D) The extent to which employer and em-
ployee compliance with immigration laws would 
be expected to improve. 
(E) Any other relevant information. 
(3) ALTERNATIVES.—The report under para-
graph (1) also shall examine any alternatives to 
achieve the same goals as the requirements and 
changes described in paragraph (1) but that involve 
lesser cost, lesser burden on those affected, or great-
er ease of administration. 
(b) INSPECTOR GENERAL REVIEW.—Not later than 
3 months after the report is submitted under subsection 
(a), the Inspector General of the Social Security Adminis-
tration, in consultation with the Inspectors General of the
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Department of Treasury, the Department of Homeland 
Security, and the Department of Justice, shall send to the 
Congress an evaluation of the such report. 
SEC. 708. EXTENSION OF PREEMPTION TO REQUIRED CON-
STRUCTION OF DAY LABORER SHELTERS. 
Paragraph 274A(h)(2) of the Immigration and Na-
tionality Act (8 U.S.C. 1324a(h)(2)) is amended— 
(1) by striking ‘‘imposing’’, and inserting a 
dash and ‘‘(A) imposing’’; 
(2) by striking the period at the end and insert-
ing ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(B) Requiring as a condition of con-
ducting, continuing, or expanding a business 
that a business entity— 
‘‘(i) provide, build, fund, or maintain 
a shelter, structure, or designated area for 
use by day laborers at or near its place of 
business; or 
‘‘(ii) take other steps that facilitate 
the employment of day laborers by others.’’ 
SEC. 709. EFFECTIVE DATE. 
This title and the amendments made by this title 
shall take effect on the date of enactment of this Act, ex-
cept that the requirements of persons and entities to com-
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ply with the employment eligibility verification process 
takes effect on the date that is two years after such date. 
SEC. 710. LIMITATION ON VERIFICATION RESPONSIBIL-
ITIES OF COMMISSIONER OF SOCIAL SECU-
RITY. 
The Commissioner of Social Security is authorized to 
perform activities with respect to carrying out the Com-
missioner’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 Fed-
eral Disability Insurance Trust Fund be used to carry out 
such responsibilities. 
SEC. 
711. 
REPORT 
ON 
EMPLOYMENT 
ELIGIBILITY 
VERIFICATION SYSTEM. 
Not later than one year after the implementation of 
the employment eligibility verification system and one year 
thereafter, the Secretary of Homeland Security shall sub-
mit to Congress a report on the progress and problems 
associated with implementation of the system, including 
information relating to the most efficient use of the system 
by small businesses.
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TITLE VIII—IMMIGRATION 
LITIGATION ABUSE REDUCTION 
SEC. 801. BOARD OF IMMIGRATION APPEALS REMOVAL 
ORDER AUTHORITY. 
(a) IN GENERAL.—Section 101(a)(47) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(47)) is 
amended to read as follows: 
‘‘(47)(A) The term ‘order of removal’ means the 
order of the immigration judge, the Board of Immigration 
Appeals, or other administrative officer to whom the At-
torney General or the Secretary of Homeland Security has 
delegated the responsibility for determining whether an 
alien is removable, concluding that the alien is removable 
or ordering removal. 
‘‘(B) The order described under subparagraph (A) 
shall become final upon the earliest of— 
‘‘(i) a determination by the Board of Immigra-
tion Appeals affirming such order; 
‘‘(ii) the entry by the Board of Immigration Ap-
peals of such order; 
‘‘(iii) the expiration of the period in which any 
party is permitted to seek review of such order by 
the Board of Immigration Appeals; 
‘‘(iv) the entry by an immigration judge of such 
order, if appeal is waived by all parties; or
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‘‘(v) the entry by another administrative officer 
of such order, at the conclusion of a process as au-
thorized by law other than under section 240.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to ordered entered before, 
on, or after such date. 
SEC. 802. JUDICIAL REVIEW OF VISA REVOCATION. 
(a) IN GENERAL.—Section 221(i) of the Immigration 
and Nationality Act (8 U.S.C. 1201(i)) is amended by 
amending the last sentence to read as follows: ‘‘Notwith-
standing any other provision of law (statutory or non-
statutory), including section 2241 of title 28, United 
States Code, or any other habeas corpus provision, and 
sections 1361 and 1651 of such title, a revocation under 
this subsection may not be reviewed by any court, and no 
court shall have jurisdiction to hear any claim arising 
from, or any challenge to, such a revocation.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to visa revocations ef-
fected before, on, or after such date.
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SEC. 803. REINSTATEMENT. 
(a) IN GENERAL.—Section 241(a)(5) of the Immi-
gration and Nationality Act (8 U.S.C. 1231(a)(5)) is 
amended to read as follows: 
‘‘(5) REINSTATEMENT
OF
REMOVAL
ORDERS 
AGAINST ALIENS ILLEGALLY REENTERING.—If the 
Secretary of Homeland Security finds that an alien 
has entered the United States illegally after having 
been removed or having departed voluntarily, under 
an order of removal, deportation, or exclusion, re-
gardless of the date of the original order or the date 
of the illegal entry— 
‘‘(A) the order of removal, deportation, or 
exclusion is reinstated from its original date 
and is not subject to being reopened or re-
viewed; 
‘‘(B) the alien is not eligible and may not 
apply for any relief under this Act, regardless 
of the date that an application for such relief 
may have been filed; and 
‘‘(C) the alien shall be removed under the 
order of removal, deportation, or exclusion at 
any time after the illegal entry. 
Reinstatement under this paragraph shall not re-
quire proceedings before an immigration judge under 
section 240 or otherwise.’’.
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(b) JUDICIAL REVIEW.—Section 242 of the Immigra-
tion and Nationality Act (8 U.S.C. 1252) is amended by 
adding at the end the following new subsection: 
‘‘(h) JUDICIAL REVIEW OF REINSTATEMENT UNDER 
SECTION 241(a)(5).— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law (statutory or nonstatutory), includ-
ing section 2241 of title 28, United States Code, or 
any other habeas corpus provision, sections 1361 
and 1651 of such title, or subsection (a)(2)(D) of 
this section, no court shall have jurisdiction to re-
view any cause or claim arising from or relating to 
any reinstatement under section 241(a)(5) (includ-
ing any challenge to the reinstated order), except as 
provided in paragraph (2) or (3). 
‘‘(2) CHALLENGES IN COURT OF APPEALS FOR 
DISTRICT OF COLUMBIA TO VALIDITY OF THE SYS-
TEM, ITS
IMPLEMENTATION, AND
RELATED
INDI-
VIDUAL DETERMINATIONS.— 
‘‘(A) IN GENERAL.—Judicial review of de-
terminations under section 241(a)(5) and its 
implementation is available in an action insti-
tuted in the United States Court of Appeals for 
the District of Columbia Circuit, but shall be
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limited, except as provided in subparagraph 
(B), to the following determinations: 
‘‘(i) Whether such section, or any reg-
ulation issued to implement such section, is 
constitutional. 
‘‘(ii) Whether such a regulation, or a 
written policy directive, written policy 
guideline, or written procedure issued by 
or under the authority of the Attorney 
General or the Secretary of Homeland Se-
curity to implement such section, is not 
consistent with applicable provisions of this 
Act or is otherwise in violation of a statute 
or the Constitution. 
‘‘(B) RELATED
INDIVIDUAL
DETERMINA-
TIONS.—If a person raises an action under sub-
paragraph (A), the person may also raise in the 
same action the following issues: 
‘‘(i) Whether the petitioner is an 
alien. 
‘‘(ii) Whether the petitioner was pre-
viously ordered removed or deported, or ex-
cluded. 
‘‘(iii) Whether the petitioner has since 
illegally entered the United States.
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‘‘(C) DEADLINES
FOR
BRINGING
AC-
TIONS.—Any action instituted under this para-
graph must be filed no later than 60 days after 
the date the challenged section, regulation, di-
rective, guideline, or procedure described in 
clause (i) or (ii) of subparagraph (A) is first 
implemented. 
‘‘(3) INDIVIDUAL
DETERMINATIONS
UNDER 
SECTION 242(a).—Judicial review of determinations 
under section 241(a)(5) is available in an action 
under subsection (a) of this section, but shall be lim-
ited to determinations of— 
‘‘(A) whether the petitioner is an alien; 
‘‘(B) whether the petitioner was previously 
ordered removed, deported, or excluded; and 
‘‘(C) whether the petitioner has since ille-
gally entered the United States. 
‘‘(4) SINGLE ACTION.—A person who files an 
action under paragraph (2) may not file a separate 
action under paragraph (3). A person who files an 
action under paragraph (3) may not file an action 
under paragraph (2).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect as if enacted on 
April 1, 1997, and shall apply to all orders reinstated on
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or after that date by the Secretary of Homeland Security 
(or by the Attorney General prior to March 1, 2003), re-
gardless of the date of the original order. 
SEC. 804. WITHHOLDING OF REMOVAL. 
(a) IN GENERAL.—Section 241(b)(3) of the Immi-
gration and Nationality Act (8 U.S.C 1231(b)(3)) is 
amended— 
(1) in subparagraph (A), by adding at the end 
the following: ‘‘The burden of proof is on the alien 
to establish that the alien’s life or freedom would be 
threatened in that country, and that race, religion, 
nationality, membership in a particular social group, 
or political opinion would be at least one central rea-
son for such threat.’’; and 
(2) in subparagraph (C), by striking ‘‘In deter-
mining whether an alien has demonstrated that the 
alien’s life or freedom would be threatened for a rea-
son described in subparagraph (A)’’ and inserting 
‘‘For purposes of this paragraph’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect as if included in the enact-
ment of section 101(c) of the REAL ID Act of 2005 (divi-
sion B of Public Law 109–13).
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SEC. 805. CERTIFICATE OF REVIEWABILITY. 
(a) ALIEN’S BRIEF.—Section 242(b)(3)(C) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1252(b)(3)(C)) is amended to read as follows: 
‘‘(C) ALIEN’S
BRIEF.—The alien shall 
serve and file a brief in connection with a peti-
tion for judicial review not later than 40 days 
after the date on which the administrative 
record is available. The court may not extend 
this deadline except upon motion for good cause 
shown. If an alien fails to file a brief within the 
time provided in this paragraph, the court shall 
dismiss the appeal unless a manifest injustice 
would result.’’. 
(b) 
CERTIFICATE
OF
REVIEWABILITY.—Section 
242(b)(3) of such Act (8 U.S.C. 1252 (b)(3)) is amended 
by adding at the end the following new subparagraphs: 
‘‘(D) CERTIFICATE.— 
‘‘(i) After the alien has filed the 
alien’s brief, the petition for review shall be 
assigned to a single court of appeals judge. 
‘‘(ii) Unless that court of appeals 
judge or a circuit justice issues a certifi-
cate of reviewability, the petition for review 
shall be denied and the government shall 
not file a brief.
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‘‘(iii) A certificate of reviewability may 
issue under clause (ii) only if the alien has 
made a substantial showing that the peti-
tion for review is likely to be granted. 
‘‘(iv) The court of appeals judge or 
circuit justice shall complete all action on 
such certificate, including rendering judg-
ment, not later than 60 days after the date 
on which the judge or circuit justice was 
assigned the petition for review, unless an 
extension is granted under clause (v). 
‘‘(v) The judge or circuit justice may 
grant, on the judge’s or justice’s own mo-
tion or on the motion of a party, an exten-
sion of the 60-day period described in 
clause (iv) if— 
‘‘(I) all parties to the proceeding 
agree to such extension; or 
‘‘(II) such extension is for good 
cause shown or in the interests of jus-
tice, and the judge or circuit justice 
states the grounds for the extension 
with specificity. 
‘‘(vi) If no certificate of reviewability 
is issued before the end of the period de-
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scribed in clause (iv), including any exten-
sion under clause (v), the petition for re-
view shall be deemed denied, any stay or 
injunction on petitioner’s removal shall be 
dissolved without further action by the 
court or the government, and the alien 
may be removed. 
‘‘(vii) If a certificate of reviewability is 
issued under clause (ii), the Government 
shall be afforded an opportunity to file a 
brief in response to the alien’s brief. The 
alien may serve and file a reply brief not 
later than 14 days after service of the Gov-
ernment’s brief, and the court may not ex-
tend this deadline except upon motion for 
good cause shown. 
‘‘(E) NO FURTHER REVIEW OF THE COURT 
OF APPEALS JUDGE’S DECISION NOT TO ISSUE 
A CERTIFICATE OF REVIEWABILITY.—The sin-
gle court of appeals judge’s decision not to 
issue a certificate of reviewability, or the denial 
of a petition under subparagraph (D)(vi), shall 
be the final decision for the court of appeals 
and shall not be reconsidered, reviewed, or re-
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versed by the court of appeals through any 
mechanism or procedure.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to petitions filed on or after the 
date that is 60 days after the date of the enactment of 
this Act. 
SEC. 806. WAIVER OF RIGHTS IN NONIMMIGRANT VISA 
ISSUANCE. 
(a) IN GENERAL.—Section 221(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1201(a)) is amended 
by adding at the end the following new paragraph: 
‘‘(3) An alien may not be issued a nonimmigrant visa 
unless the alien has waived any right— 
‘‘(A) to review or appeal under this Act of an 
immigration officer’s determination as to the inad-
missibility of the alien at the port of entry into the 
United States; or 
‘‘(B) to contest, other than on the basis of an 
application for asylum, any action for removal of the 
alien.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to visas issued on or after the 
date that is 90 days after the date of the enactment of 
this Act.
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SEC. 807. CLARIFICATION OF JURISDICTION ON REVIEW. 
(a) 
REVIEW
OF
DISCRETIONARY
DETERMINA-
TIONS.—Section 242(a)(2)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1252(a)(2)(B)) is amended— 
(1) by inserting before ‘‘no court’’ the following: 
‘‘and regardless of whether the individual determina-
tion, decision, or action is made in removal pro-
ceedings,’’; 
(2) in clause (i), by striking ‘‘any judgment’’ 
and inserting ‘‘any individual determination’’; and 
(3) in clause (ii)— 
(A) by inserting ‘‘discretionary’’ after ‘‘any 
other’’; 
(B) by striking ‘‘the authority for which is 
specified under this title to be in the discretion 
of the Attorney General or the Secretary of 
Homeland Security,’’ and inserting ‘‘under this 
title or the regulations promulgated here-
under,’’; and 
(C) by striking the period at the end and 
inserting the following: ‘‘, irrespective of wheth-
er such decision or action is guided or informed 
by standards, regulatory or otherwise.’’. 
(b) REVIEW
OF
ORDERS
AGAINST
CRIMINAL 
ALIENS.—Section 242(a)(2)(C) of the Immigration and 
Nationality Act (8 U.S.C. 1252(a)(2)(C)) is amended by
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inserting after ‘‘of removal’’ the following: ‘‘(irrespective 
of whether relief or protection was denied on the basis of 
the alien’s having committed a criminal offense)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to petitions for review that are 
pending on or after the date of the enactment of this Act. 
SEC. 808. FEES AND EXPENSES IN JUDICIAL PROCEEDINGS. 
(a) IN GENERAL.—Section 242 of the Immigration 
and Nationality Act (8 U.S.C. 1252) is amended by add-
ing at the end the following new subsection: 
‘‘(i) Notwithstanding any other provision of law, a 
court shall not award fees or other expenses to an alien 
based upon the alien’s status as a prevailing party in any 
proceedings relating to an order of removal issued under 
this Act, unless the court of appeals concludes that the 
Attorney General’s determination that the alien was re-
movable under section 212 or 237 was not substantially 
justified.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to fees or other expenses award-
ed on or after the date of the enactment of this Act.
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TITLE IX—PRESCREENING OF 
AIR PASSENGERS 
SEC. 
901. 
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 Home-
land 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) oper-
ated by an air carrier or foreign air carrier, the automated 
systems evaluated under the pilot program shall— 
(1) 
compare 
the 
passenger’s 
information 
against the integrated and consolidated terrorist 
watchlist maintained by the Federal Government 
and provide the results of the comparison to the air 
carrier or foreign air carrier before the passenger is 
permitted to board the flight; 
(2) provide functions similar to the advanced 
passenger information system established under sec-
tion 431 of the Tariff Act of 1930 (19 U.S.C. 
1431); and
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(3) make use of machine-readable data ele-
ments on passports and other travel and entry docu-
ments in a manner consistent with international 
standards. 
(c) OPERATION.—The pilot program shall be con-
ducted— 
(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 pro-
gram. 
(d) EVALUATION OF AUTOMATED SYSTEMS.—In con-
ducting the pilot program, the Secretary shall evaluate not 
more than 3 automated systems. One or more of such sys-
tems shall be commercially available and currently in use 
to prescreen passengers. 
(e) PRIVACY PROTECTION.—The Secretary shall en-
sure that the passenger data is collected under the pilot 
program in a manner consistent with the standards estab-
lished 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
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submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Com-
merce, 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, pas-
senger throughput, the rate of flight diversions, and 
the rate of false negatives and positives. 
(2) A description of the provisions of each test-
ed 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 sub-
section (a). 
(4) A determination as to which tested system 
is the best-performing and most efficient system to 
ensure immediate prescreening of international pas-
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sengers. Such determination shall be made after con-
sultation with individuals in the private sector hav-
ing expertise in airline industry, travel, tourism, pri-
vacy, national security, and computer security 
issues. 
(5) A plan to fully deploy the best-performing 
and most efficient system tested by not later than 
January 1, 2007. 
TITLE X—FENCING AND OTHER 
BORDER SECURITY IMPROVE-
MENTS 
SEC. 1001. FINDINGS. 
The Congress finds the following: 
(1) Hundreds of people die crossing our inter-
national border with Mexico every year. 
(2) Illegal narcotic smuggling along the South-
west 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 esti-
mated to exceed one million people a year.
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SEC. 1002. CONSTRUCTION OF FENCING AND SECURITY IM-
PROVEMENTS IN BORDER AREA FROM PA-
CIFIC 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 fol-
lows: 
‘‘(1) SECURITY FEATURES.— 
‘‘(A) REINFORCED FENCING.—In carrying 
out subsection (a), the Secretary of Homeland 
Security shall provide for least 2 layers of rein-
forced 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;
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‘‘(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 north-
west of the Del Rio, Texas, port of entry 
to 5 miles southeast of the Eagle Pass, 
Texas, port of entry; and 
‘‘(v) extending 15 miles northwest of 
the Laredo, Texas, port of entry to the 
Brownsville, Texas, port of entry. 
‘‘(B) PRIORITY
AREAS.—With respect to 
the border described— 
‘‘(i) in subparagraph (A)(ii), the Sec-
retary 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 Sec-
retary 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.
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‘‘(C) EXCEPTION.—If the topography of a 
specific area has an elevation grade that ex-
ceeds 10%, the Secretary may use other means 
to secure such area, including the use of sur-
veillance and barrier tools.’’. 
SEC. 1003. NORTHERN BORDER STUDY. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity 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 de-
scribed in subsection (a). 
SEC. 1004. 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 sav-
ing lives, stopping illegal drug trafficking, and halting the 
flow of illegal entrants into the United States.
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TITLE XI—SECURITY AND 
FAIRNESS ENHANCEMENT 
SEC. 1101. SHORT TITLE. 
This title may be cited as— 
(1) the ‘‘Security and Fairness Enhancement 
for America Act of 2005’’; or 
(2) the ‘‘SAFE for America Act’’. 
SEC. 1102. ELIMINATION OF DIVERSITY IMMIGRANT PRO-
GRAM. 
(a) WORLDWIDE
LEVEL
OF
DIVERSITY
IMMI-
GRANTS.—Section 201 of the Immigration and Nation-
ality Act (8 U.S.C. 1151) is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘and’’ at the end of para-
graph (1); 
(B) by striking ‘‘; and’’ at the end of para-
graph (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),’’;
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(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 STA-
TUS.—Section 204 of such Act (8 U.S.C. 1154) is amend-
ed— 
(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. 
TITLE XII—OATH OF RENUNCI-
ATION AND ALLEGIANCE 
SEC. 1201. OATH OF RENUNCIATION AND ALLEGIANCE. 
(a) IN GENERAL.—Section 337(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1448(a)) is amended 
by inserting after the fourth sentence the following: ‘‘The 
oath referred to in this section shall be the oath provided 
for in paragraph (a) or (b) of section 337.1 of title 8, Code 
of Federal Regulations, as in effect on April 1, 2005.’’. 
(b) NOTICE
TO FOREIGN EMBASSIES.—Upon the 
naturalization of a new citizen, the Secretary of Homeland
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Security, in cooperation with the Secretary of State, shall 
notify the embassy of the country of which the new citizen 
was a citizen or subject that such citizen has— 
(1) renounced allegiance to that foreign coun-
try; and 
(2) sworn allegiance to the United States. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date that is 6 
months after the date of the enactment of this Act. 
TITLE 
XIII—ELIMINATION 
OF 
CORRUPTION AND PREVEN-
TION OF ACQUISITION OF IM-
MIGRATION 
BENEFITS 
THROUGH FRAUD 
SEC. 1301. SHORT TITLE. 
This title may be cited as the ‘‘Taking Action to Keep 
Employees Accountable in Immigration Matters Act of 
2005’’ or the ‘‘TAKE AIM Act of 2005’’. 
SEC. 1302. FINDINGS. 
Congress finds the following: 
(1) The mission of United States Citizenship 
and Immigration Services (USCIS) is to faithfully 
execute the immigration laws enacted by Congress 
and to ensure that only those aliens who are eligible 
under such laws and who do not pose a risk to the