227
‘‘(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-
228
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-
229
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.
230
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
231
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.
232
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
233
(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
234
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-
235
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.
236
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;
237
‘‘(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.
238
‘‘(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.
239
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),’’;
240
(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
241
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
242
United States or its citizens or lawful residents are 
able to obtain permission to remain in the United 
States. 
(2) Only United States citizens have an abso-
lute right to be in the United States; for all others, 
permission to enter and reside here, either as non-
immigrants or immigrants, is a privilege that is con-
ditioned on following the rules of one’s admission 
and stay. 
(3) It is important that United States Citizen-
ship and Immigration Services, like all other Federal 
agencies that come into close contact with the public 
their customers. 
(4) Immigration benefits fraud has become en-
demic. It undermines the rule of law and threatens 
national security, and so must be addressed aggres-
sively and consistently. 
(5) Internal corruption also threatens national 
security and erodes the integrity of the immigration 
system. In order to restore integrity and credibility 
to the system, the backlog of complaints against 
United States Citizenship and Immigration Services 
employees must be cleared by experienced investiga-
tors as expeditiously as possible without compro-
mising the quality of investigations.
243
(6) In separating customs and border protec-
tion and immigration and customs enforcement from 
United States Citizenship and Immigration Services, 
Congress did not intend to wholly eliminate all law 
enforcement functions within the latter, nor is it 
possible for United States citizenship and immigra-
tion services to achieve its mission without a law en-
forcement function. the attempt to do so has pro-
duced the current abysmal results. Thus, it is imper-
ative that United States Citizenship and Immigra-
tion Services embrace the critical law enforcement 
function especially the internal audit function. 
SEC. 1303. STRUCTURE OF THE OFFICE OF SECURITY AND 
INVESTIGATIONS. 
The Director of the Office of Security and Investiga-
tions shall report directly to the Director of United States 
Citizenship and Immigration Services. 
SEC. 1304. AUTHORITY OF THE OFFICE OF SECURITY AND 
INVESTIGATIONS TO INVESTIGATE INTERNAL 
CORRUPTION. 
(a) AUTHORITY.—In addition to the authority other-
wise provided by this title, the Director of the Office of 
Security and Investigations, in carrying out the duties of 
the Office, has sole authority—
244
(1) to receive, process, dispose of administra-
tively, and investigate any criminal or noncriminal 
violations of the Immigration and Nationality Act or 
title 18, United States Code, that are alleged to have 
been committed by any officer, agent, employee, or 
contract worker of United States Citizenship and 
Immigration Services, and that are referred to 
United States Citizenship and Immigration Services 
by the Office of the Inspector General of the Depart-
ment of Homeland Security; 
(2) to ensure that all complaints alleging such 
violations are handled and stored in the same man-
ner as sensitive but unclassified materials; 
(3) to have access to all records, reports, audits, 
reviews, documents, papers, recommendations, or 
other material available to United States Citizenship 
and Immigration Services which relate to programs 
and operations with respect to which the Director 
has responsibilities under this title; 
(4) to request such information or assistance as 
may be necessary for carrying out the duties and re-
sponsibilities of the Office from any Federal, State, 
or local governmental agency or unit thereof; 
(5) to require by subpoena the production of all 
information, documents, reports, answers, records,
245
accounts, papers, and other data and documentary 
evidence necessary in the performance of the func-
tions assigned to the Office of Security and Inves-
tigations, which subpoena, in the case of contumacy 
or refusal to obey, shall be enforceable by order of 
any appropriate United States district court (except 
that procedures other than subpoenas shall be used 
by the Director to obtain documents and information 
from Federal agencies); 
(6) to administer to or take from any person an 
oath, affirmation, or affidavit, whenever necessary in 
the performance of the functions assigned to the Of-
fice of Security and Investigations, which oath, affir-
mation, or affidavit when administered or taken by 
or before an agent of the Office of Security and In-
vestigations designated by the Director shall have 
the same force and effect as if administered or taken 
by or before an officer having a seal; 
(7) to have direct and prompt access to the 
head of United States Citizenship and Immigration 
Services when necessary for any purpose pertaining 
to the performance of functions and responsibilities 
of the Office of Security and Investigations; 
(8) to select, appoint, and employ such officers 
and employees as may be necessary for carrying out
246
the functions, powers, and duties of the Office of Se-
curity and Investigations subject to the provisions of 
title 5, United States Code, governing appointments 
in the competitive service, and the provisions of 
chapter 51 and subchapter III of chapter 53 of such 
title relating to classification and General Schedule 
pay rates; 
(9) to obtain services as authorized by section 
3109 of title 5, United States Code, at daily rates 
not to exceed the equivalent rate prescribed for 
grade GS–15 of the General Schedule by section 
5332 of title 5, United States Code; and 
(10) to the extent and in such amounts as may 
be provided in advance by immigration fee accounts 
or appropriations Acts, to enter into contracts and 
other arrangements for audits, studies, analyses, and 
other services with public agencies and with private 
persons, and to make such payments as may be nec-
essary to carry out the provisions of this title. 
(b)(1) Upon request of the Director for information 
or assistance under subsection (a)(4), the head of any 
Federal agency involved shall, insofar as is practicable and 
not in contravention of any existing statutory restriction 
or regulation of the Federal agency from which the infor-
247
mation is requested, furnish to such Director, or to an 
authorized designee, such information or assistance. 
(2) Whenever information or assistance requested 
under subsection (a)(3) or (a)(4) is, in the judgment of 
the Director, unreasonably refused or not provided, the 
Director shall report the circumstances to the Director of 
United States Citizenship and Immigration Services with-
out delay. 
(c) The Director of United States Citizenship and 
Immigration Services shall provide the Office of Security 
and Investigations with appropriate and adequate office 
space at central and field office locations of United States 
Citizenship and Immigration Services, together with such 
equipment, office supplies, and communications facilities 
and services as may be necessary for the operation of such 
offices, and shall provide necessary maintenance services 
for such offices and the equipment and facilities located 
therein. 
(d)(1) In addition to the authority otherwise provided 
by this title, the Director, the Deputy Director, the Assist-
ant Director of Security Operations, the Assistant Direc-
tor of Special Investigations, all 1811-series criminal in-
vestigators, certain 1801-series investigative management 
specialists, and security specialists supervised by such as-
248
sistant directors may be authorized by the Secretary of 
Homeland Security to—
(A) carry a firearm while engaged in official du-
ties as authorized under this title or other statute, 
or as expressly authorized by the Secretary; 
(B) make an arrest without a warrant while en-
gaged in official duties as authorized under this title 
or other statute, or as expressly authorized by the 
Secretary, for any offense against the United States 
committed in the presence of such Director, Assist-
ant Director, or designee, or for any felony cog-
nizable under the laws of the United States if such 
Director, Assistant Director, or designee has reason-
able grounds to believe that the person to be ar-
rested has committed or is committing such felony; 
and 
(C) seek and execute warrants for arrest, 
search of a premises, or seizure of evidence issued 
under the authority of the United States upon prob-
able cause to believe that a violation has been com-
mitted. 
(2) The Secretary shall promulgate, and revise as ap-
propriate, guidelines which shall govern the exercise of the 
law enforcement powers established under paragraph (1).
249
(3)(A) Powers authorized for the Director under 
paragraph (1) may be rescinded or suspended upon a de-
termination by the Secretary that the exercise of author-
ized powers by that Director has not complied with the 
guidelines promulgated by the Secretary under paragraph 
(2). 
(B) Powers authorized to be exercised by any indi-
vidual under paragraph (1) may be rescinded or suspended 
with respect to that individual upon a determination by 
the Secretary that such individual has not complied with 
guidelines promulgated by the Secretary under paragraph 
(2). 
(4) A determination by the Secretary under para-
graph (3) shall not be reviewable in or by any court. 
(5) No provision of this subsection shall limit the ex-
ercise of law enforcement powers established under any 
other statutory authority. 
SEC. 1305. AUTHORITY OF THE OFFICE OF SECURITY AND 
INVESTIGATIONS TO DETECT AND INVES-
TIGATE IMMIGRATION BENEFITS FRAUD. 
The Office of Security and Investigations of United 
States Citizenship and Immigration Services shall have 
authority—
(1) to conduct fraud detection operations, in-
cluding data mining and analysis;
250
(2) to investigate any criminal or noncriminal 
allegations of violations of the Immigration and Na-
tionality Act or title 18, United States Code, that 
Immigration and Customs Enforcement declines to 
investigate; 
(3) to turn over to a United States Attorney for 
prosecution evidence that tends to establish such vio-
lations; and 
(4) to engage in information sharing, partner-
ships, and other collaborative efforts with any—
(A) Federal, State, or local law enforce-
ment entity; 
(B) foreign partners; or 
(C) entity within the intelligence commu-
nity (as defined in section 3(4) of the National 
Security Act of 1947 (50 U.S.C. 401a(4)). 
SEC. 1306. INCREASE IN FULL-TIME OFFICE OF SECURITY 
AND INVESTIGATIONS PERSONNEL. 
(a) INCREASE IN GS–1811 SERIES CRIMINAL INVES-
TIGATORS.—(1) In each of fiscal years 2007 through 
2010, the Director of the Office of Security and Investiga-
tions shall, subject to the availability of security fees de-
scribed in section 910 of this title, increase by not less 
than 100 the number of full-time, active-duty GS–1811 
series criminal Discussion draft 10 investigators, along
251
with support personnel and equipment, within the Office 
of Security and Investigations above the number of such 
positions for which funds were made available during the 
preceding fiscal year. 
(2) DIVISION OF DUTIES.—
(A) INTERNAL AFFAIRS.—No fewer than one-
third of the criminal investigators, and support per-
sonnel, hired under paragraph (1) shall be assigned 
to investigate allegations described in paragraph (1) 
of section 904(a) of this title; 
(B) BENEFITS FRAUD.—The remaining crimi-
nal investigators, and support personnel, hired under 
paragraph (1) shall be assigned to investigate allega-
tions described in section 905 of this title. 
(b) INCREASE IN GS–1801 SERIES INVESTIGATION 
AND COMPLIANCE OFFICERS.—(1) Subject to the avail-
ability of security fees described in section 910 of this title, 
the Director of the Office of Security and Investigations 
shall by fiscal year 2008 increase by not less than 150 
the number of full-time, active-duty GS–1801 series inves-
tigation and compliance officers, along with support per-
sonnel and equipment, within the Office of Security and 
Investigations above the number of such positions for 
which funds were made available during fiscal year 2006. 
(2) DIVISION OF DUTIES.—
252
(A) INTERNAL AFFAIRS.—No fewer than one-
third of the investigation and compliance officers, 
and support personnel, hired under paragraph (1) 
shall be assigned to investigate allegations described 
in paragraph (1) of section 904(a) of this title; 
(B) BENEFITS FRAUD.—The remaining inves-
tigation and compliance officers, and support per-
sonnel, hired under paragraph (1) shall be assigned 
to investigate allegations described in section 905 of 
this title. 
(c) INCREASE IN GS–0132 SERIES INTELLIGENCE 
RESEARCH SPECIALISTS.—(1) Subject to the availability 
of security fees described in section 910 of this title, the 
Director of the Office of Security and Investigations shall 
by fiscal year 2008 increase by not less than 150 the num-
ber of full-time, active-duty GS–0132 series intelligence 
research specialists, along with support personnel and 
equipment, within the Office of Security and Investiga-
tions above the number of such positions for which funds 
were made available during fiscal year 2006. 
(2) DIVISION OF DUTIES.—
(A) INTERNAL AFFAIRS.—No fewer than one-
third of the investigation and compliance officers, 
and support personnel, hired under paragraph (1)
253
shall be assigned to investigate allegations described 
in paragraph (1) of section 904(a) of this title; 
(B) BENEFITS FRAUD.—The remaining inves-
tigation and compliance officers, and support per-
sonnel, hired under paragraph (1) shall be assigned 
to investigate allegations described in section 905 of 
this title. 
SEC. 1307. ANNUAL REPORT. 
The Director of the Office of Security and Investiga-
tions shall annually submit to Congress a report detailing 
the activities of the Office. The report shall include data 
on the following: 
(1) The number of investigations the Office of 
Security and Investigations began, completed, and 
turned over to a United States Attorney for prosecu-
tion during the past 12 months. 
(2) The types of allegations investigated by the 
Office of Security and Investigations during the past 
12 months, including both the allegations of mis-
conduct by employees of United States Citizenship 
and Immigration Services and allegations of immi-
gration benefits fraud. 
(3) The disposition of all investigations con-
ducted by the Office of Security and Investigations 
during the past 12 months.
254
(4) The number, if any, of allegations pending 
at the end of the 12-month period according to the 
type of allegation, the grade level of the employee, 
if applicable, along with an assessment of the re-
sources the Office of Security and Investigations 
would need, if any, to remain current with new alle-
gations received. 
SEC. 1308. INVESTIGATIONS OF FRAUD TO PRECEDE IMMI-
GRATION BENEFITS GRANT. 
Section 103 of the Immigration and Nationality Act 
(8 U.S.C. 1103) is amended by adding at the end the fol-
lowing: 
‘‘(j) Notwithstanding any other provision of law, the 
Secretary of Homeland Security, the Attorney General, or 
any court may not—
‘‘(1) grant or order the grant of adjustment of 
status to that of an alien lawfully admitted for per-
manent residence, 
‘‘(2) grant or order the grant of any other sta-
tus, relief, protection from removal, or other benefit 
under the immigration laws, or 
‘‘(3) issue any documentation evidencing or re-
lated to such grant by the Attorney General, the 
Secretary, or any court,
255
until any suspected or alleged fraud relating to the benefit 
application has been fully investigated and found to be un-
substantiated.’’. 
SEC. 1309. ELIMINATION OF THE FRAUD DETECTION AND 
NATIONAL SECURITY OFFICE. 
Not later than 30 days following the date of enact-
ment of this title, the Secretary of Homeland Security 
shall eliminate the Fraud Detection and National Security 
Office of United States Citizenship and Immigration Serv-
ices and transfer all authority of such office to the Office 
of Security and Investigations. 
SEC. 1310. SECURITY FEE. 
Section 286(d) of the Immigration and Nationality 
Act (8 U.S.C. 1356(d)) is amended by inserting ‘‘(1)’’ be-
fore ‘‘monies’’ and adding at the end the following: 
‘‘(2) In addition to any other fee authorized by law, 
the Secretary of Homeland Security shall charge each 
alien who files an application for adjustment of status or 
an extension of stay a security fee of $10, which shall be 
made available to the Office of Security and Investigations 
to conduct investigations into allegations of internal cor-
ruption and benefits fraud. 
‘‘(3) In addition to any other fee authorized by law, 
the Secretary of State shall charge each alien who files 
an application for an immigrant or nonimmigrant visa a
256
security fee of $10, which shall be made available to the 
Office of Security and Investigations to conduct investiga-
tions into allegations of internal corruption and benefits 
fraud. 
‘‘(4) Any fees collected under paragraphs (2) and (3) 
that are in excess of the operating budget of the Office 
of Security and Investigations shall be made available to 
Immigration and Customs Enforcement for the sole pur-
pose of investigating immigration benefits fraud referred 
to it by United States Citizenship and Immigration Serv-
ices.’’.
Passed the House of Representatives December 16, 
2005. 
Attest:
Clerk.
109TH CONGRESS 
1ST SESSION 
H. R. 4437
AN ACT 
To amend the Immigration and Nationality Act to 
strengthen enforcement of the immigration laws, 
to enhance border security, and for other pur-
poses.