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Dec 14, 2005

SUMMARY OF AMENDMENTS SUBMITTED TO THE RULES COMMITTEE ON H.R. 4437- BORDER PROTECTION, ANTITERRORISM, AND ILLEGAL IMMIGRATION CONTROL ACT OF 2005

SUMMARY OF AMENDMENTS SUBMITTED TO THE RULES COMMITTEE ON
H.R. 4437- BORDER PROTECTION, ANTITERRORISM, AND ILLEGAL IMMIGRATION CONTROL ACT OF 2005

(in alphabetical order)

SUMMARY OF AMENDMENTS

(summaries derived from information provided by sponsors)

Bean #58
Directs the Governmental Accountability Office to conduct a study and report to Congress on the effect illegal immigration has on classroom size, education funding, and property taxes.

Beauprez #127  Requires state employment agencies to verify the work eligibility of workers they refer to employers. LATE.

Beauprez #128
Directs all payment of all fines collected from employers who hire illegal aliens to the Homeland Security Block Grant Program. LATE

Blackburn #57
Increases fines for employers who knowingly hire or continue to employ workers not authorized to work in the U.S.

Blackburn #93
Placeholder.  Modifies section 701 to make the verification system to provide immediate results and exclusive control to the Secretary of Homeland Security.  Removes unlimited liability of employers to violations of immigration laws.  Changes section 702 to extend the good faith defense and gives guidance to employers on appropriate identity documents in the examination process.  Simplifies the U.S. citizen verification process.  Changes section 703 to allow immediate voluntary access to the Basic Pilot program for all employers.  Incorporates H.R. 4313 into section 706.  Provides modified definitions for various terms used throughout the bill.

Bradley #30
Makes permanent the H-2B cap exemption provision included in the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005.  According to current law, this provision would expire on October 1, 2006.

Bradley #31
Requires the Department of Homeland Security to provide a report both one and two years after implementation of the Employment Eligibility Verification System to Congress.  Reports would contain information relating to problems reported by businesses during implementation as well as progress made up to the report’s date.  Report would contain information relating to the most efficient use of the system by small businesses.

Brown-Waite #48
Inserts a new section declaring that Congress condemns rapes by smugglers along the international land border of the U.S.

Brown-Waite #49
Creates a Small Business Administration/Department of Homeland Security liaison officer housed within the DHS office of Immigration and Customs Enforcement (ICE).  Officer will have the proper resources and tools to ensure small business loans do not go to illegal aliens.

Brown-Waite #50
Removes language from the Immigration and Nationality Act that permits illegals who refuse to sign a travel document to stay in the U.S. indefinitely.  Gives the Secretary of Homeland Security the authority to remove an alien who refuses to comply in good faith with signing a travel document or otherwise conspires to avoid returning to his or her home country.

Brown-Waite #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.

Campbell #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).

Carter #38
Requires the Secretary of Homeland Security to include satellite communications in the plan authorized by Section 106 of H.R. 4473. REVISED

Castle #15
Requires the Secretary of State to submit a report detailing the estimated number of valid visas that do not use biometrics.  Also encourages the Secretary of State to work with the Secretary of Homeland Security to formulate a plan for exchanging the old non-biometric visas for the new biometric visas and subjecting non-biometric visas to additional scrutiny until all visas are updated to use biometric identifiers. 

Castle #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. REVISED

Castle #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.

Chabot/Cannon #39
Deletes provisions in the employment verification section of title VII of H.R. 4437 that require every business in the U.S. to verify all previously hired employees.

Cooper #78
Expands the J visa program to allow temporary entry of foreign individuals into the U.S. for the purpose of assisting persons with disabilities with non-medical services. WITHDRAWN

Culberson #86
Grants Members of Congress, upon adopting of a resolution by the House or Senate, to have standing to bring an action against an employee within the Department of Homeland Security or Treasury for implementing a policy, procedure, rule, or regulation that is inconsistent with the intent of Congress.

Culberson #87
Amends section 607 to allow border sheriffs to use Federal grants provided in this section for general law enforcement operations.

Davis (TN) #46
Changes the requirement that employers pay H-2A guest workers the adverse effect wage and instead be required only to offer the federal or state minimum wage. REVISED

Davis, Tom (VA) #126
Amends the Nicaraguan Adjustment and Central American Relief Act (NACARA) by giving Salvadorans, Guatemalans, and Hondurans the same opportunity to adjust their immigration status that Congress extended to Nicaraguans and Cubans in 1997. To receive benefits, individuals would have to submit to criminal background investigations.LATE.

Deal #40
Exercises Congress’ plenary jurisdiction over immigration and works within the Constitutional bounds established in the 14th Amendment, to define limits on citizenship by mandating birthright citizenship be granted only to the children of U.S. citizens or permanent legal aliens.

DeFazio/Lungren #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.

Dreier #60
Placeholder.

Duncan #36
Requires Federal immigration authorities to respond to every state and local officer who requests assistance with aliens he or she has apprehended.

Engel #71
Placeholder.  Provides for the adjustment to permanent resident status of certain Caribbean country nationals (and spouses and children) who have maintained continuous physical presence in the U.S. since at least September 30, 1996.  Establishes in the Department of Homeland Security’s Bureau of Citizenship and Immigration Services the Visa Fairness Commission, which shall gather data on economic and racial profiling by embassy Consular Affairs offices and by Customs and Immigration inspectors at U.S. points of entry.  Amends the Immigration and Nationality Act to eliminate specified classification petition or labor certification requirements for certain aliens present in the U.S. who entered without inspection, accepted unauthorized employment, or are in unlawful status who wish to adjust to permanent residency status.

English #29
Expands the provisions of Section 607 to include the entire nation.

Filner #42
Authorizes Federal payment to emergency ambulance and medical services providers for the cost of uncompensated care of undocumented persons aided by the Border Patrol or other Federal immigration officials.

Filner #43
Authorizes the Attorney General of the U.S. to conduct a study on the effect increased enforcement of employer sanctions has on discrimination in the workplace based on national origin or citizenship.

Filner #44
Adds portions of H.R. 2367 (the VISA Act) to the H.R. 4437, waiving certain entry document requirements for nonimmigrant children who are citizens or nationals of Mexico and an accompanying parent or adult chaperone in instances of medical visits.  Would not include student groups or special community events in this waiver.

Filner #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.

Foxx #75
Prohibits federal agencies from extending loans or credit to people not legally residing in the U.S. and requires that name, social security number, and date of birth (the same requirements in the Basic Pilot Program) be the verification required.

Garrett #53
Enforces Federal restrictions on in-state tuition for illegal aliens. Makes a minor change so that States would no longer be able to get around section 1623 by basing the benefit on graduation (or the equivalent) from a high school in the state.  Adds a right of action for citizen students who are being charged out-of-state tuition despite the fact that illegal aliens are paying in-state tuition in violation of subsection (a).

Garrett #54
Prohibits the use of identification cards issued by foreign governments, including matricula consular cards, for purposes of verifying the identity of a person who opens an account at a financial institution.

Gerlach #52
Adds a new section exempting members of the Armed Forces from current naturalization requirements including demonstration of knowledge of the English language, knowledge of government and good moral character, all of which can be implied while serving honorably in the Armed Forces.  Allows a member of the Armed Services to apply for citizenship at any time either while in service or after being honorably discharged.

Gingrey #4
Adds a new title to H.R. 4437 to address the problem of non-United States citizens voting in Federal elections.  Amends the National Voter Registration Act of 1993 to require an individual to provide proof that the individual is a citizen of the United States as a condition of registering to vote in elections for Federal office.  Also amends the Help America Vote Act of 2002 to require proof of citizenship at the polling place for an individual to vote in elections for Federal office.

Gingrey #19
Requires creation of a birth-death registry to remove dead people’s social security numbers from circulation so they cannot be stolen, sold, or borrowed by illegal aliens in order to subvert the Basic Pilot program on work eligibility verification.
REVISED

Gingrey #56
Restricts foreign aid to countries who do not cooperate with the United States on implementing our immigration laws.  Defines foreign aid as any benefit to a foreign nation by the United States and grants the President authority to wave this application at his discretion.

Gingrey #114
Requires Customs and Border Protection to erect a fence along populated areas of the border, but allows them to use a “virtual” fence (i.e., high-tech surveillance methods like motion-detectors) in non-populated areas of the border.

Gingrey #130
Suspends the Visa Waiver Program until the automated entry-exit program is operational and until ports of entry have functional biometric machine readers. LATE

Gingrey/Garrett #20
Amends H.R. 4437 to prevent identity theft for the purpose of undermining the Basic Pilot employment verification system. Mandates that the Social Security Administration notify: all employers with employees whose names do not match the social security numbers provided to SSA by the employer (“no-match” letters); and all employees to whose social security accounts more than one employer is reporting income.
REVISED

Gohmert #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.

Gonzalez #108
Placeholder.  Amends the Immigration and Nationality act to allow employers to be charged with a felony criminal offense if they are found to violate the Act by hiring an undocumented alien.

Gonzalez #109
Increases the fines on businesses for knowingly hiring unauthorized aliens to $50,000.  Proceeds would be shared with state and local government and are restricted for use to help cover the costs associated with providing services to undocumented immigrants.

Gonzalez #110
Withholds farm subsidies for five years from any employer who violates the law by hiring undocumented immigrant labor. (Penalizes employers for hiring undocumented workers by withholding their ability to collect any federal subsidies or other assistance under the Farm Security and Rural Investment Act for a minimum of five years for knowingly hiring unauthorized aliens.)

Gonzalez #111
Directs the Secretary of Homeland Security to maintain a public website that is regularly updated with a list of companies that have been found to employ unauthorized aliens.  The list shall include 1) the name of the company; 2) the address and telephone number of the company; 3) the name of the company’s owner and/or Chief Executive Officer; 4) the number of unauthorized aliens found to be employed by the company; and 5) the dollar amount of federal contracts the company received from the Federal Government in the preceding five years.

Gonzalez #112
Amends the Immigration and Nationality Act to provide civil penalties for, and to require debarment of, Federal contractors that hire unauthorized aliens to perform work under Federal contracts and for other purposes.
2nd Revision

Goode #8
Amends title 10, U.S. Code, to authorize the Secretary of Defense to assign members of the Army, Navy, Air Force, and Marine Corps, under certain circumstances and subject to certain conditions, to assist the Department of Homeland Security in the performance of border protection functions.

Goodlatte/Herseth #37
Eliminates the visa lottery program.

Graves #14
Enforces the Oath of Renunciation and Allegiance by enacting sanctions if naturalized citizens violate the Oath of Allegiance by showing political allegiance to the foreign state from which they came by particular acts such as voting in the elections, running for political office, serving in the government (executive, legislative, judicial) or the military of that foreign state.

Green, Gene (TX) #18
Requires individuals’ social security numbers to be verified in order to be eligible to receive assistance from the Federal government.  Requirement would be phased in over a 5 year period consistent with the employment verification system created by H.R. 4437.

Hayworth #94
Requires the IRS to enforce current law for fining employers who file false data on illegal employees, increase those fines, allow DHS access to data on employers with high levels of illegal employees, and disallow Social Security benefits for illegal work.

Hayworth #95
Increases the number of employment-based visas available through a reduction in other non-employment-based immigration categories.

Hayworth #96
Increases the number of employment-based visas available through a reduction in other non-employment-based immigration categories.  Includes the elimination of the diversity lottery visa category.

Hayworth #97
Bans the use of the matricula consular card by federal agencies and financial institutions for the purposes of identification.

Hayworth #98
Increases the number of DHS employees to investigate employer sanctions.

Hayworth #124
Requires the IRS to modify the format of Individual Taxpayer Identification Numbers to distinguish them from Social Security Numbers. LATE.

Hayworth #125  Expresses the Sense of Congress that no guest-worker program will be enacted until the underlying legislation's enforcement provisions are implemented. LATE.

Hostettler #115
Creates a Bureau of Immigration Enforcement, which would repair the structure of DHS by aligning it with the intent of Congress in the Homeland Security Act of 2002.  A Bureau of Immigration Enforcement will perform all the immigration-enforcement functions specified in the Homeland Security Act, and will perform no other functions, including no customs-related functions.

Hostettler #116
Strike section 707, regarding national ID cards.

Hostettler #117
Authorizes military forces to be deployed at or near the border to directly aid the prevention of illegal aliens entering into the U.S.  Leaves the decision to do this in the hand of the President.  (Amends section 1385 of title 18, U.S. Code).

Hostettler #118
Authorizes military forces to be deployed at or near the border to directly aid the prevention of illegal aliens entering into the U.S.  Leaves the decision to do this in the hand of the President.  (Amends section 332 of title 10, U.S. Code).

Hunter/Dreier/Royce/Goode #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.

Jackson-Lee #6
Exempts unaccompanied alien children, as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)) from the mandatory detention requires of section 401(c).

Jackson-Lee #7
Provides guidelines for implementing the secured alternatives to detention provision in section 402(a). 

Jackson-Lee #99
Provides the Border Patrol with equipment resources, allows the emergency deployment of United States Border Patrol Agents, requires the availability 100,000 additional beds for detaining aliens taken into custody by immigration officials, and requires an increase of the number of Border Patrol agents.

Johnson, Sam (TX) #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. 

King (IA) #10
Makes wages and benefits paid to illegal aliens nondeductible for Federal tax purposes.  Gives employers a “safe harbor” if they use the Basic Pilot program to verify the employment eligibility of their workers.  A participating employer can confirm employment eligibility of all newly hired employees using the Basic Pilot and will not be liable if an illegal employee was not detected when the verification program was used.

King (IA) #11
Makes English the official language of the U.S. with certain commonsense exceptions. 

Kolbe/Berman #88
Maintains the enforcement and security provisions in the Border Protection, Antiterorrism, and Illegal Immigration Control Act and adds provisions of the Secure America and Orderly Immigration Act (HR 2330/S1033), 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.

Maloney #33
Provides adjustment in immigration status to “an alien lawfully admitted for permanent residence” and a stay of removal to the surviving spouses and children of individuals who died in the terrorist attacks of September 11, 2001.  To receive this adjusted status, the individual must be either lawfully present or deemed a beneficiary of the September 11th Victims Compensation Fund (a group of fewer than 100 persons).

Maloney/Shays/Udall (NM) #34
Makes changes to the Civil Liberties Monitoring Board established by the Intelligence Reform Act of 2004.  Creates it as an independent entity and provides it with subpoena power.  Requires all members of the board to be confirmed by the Senate.  Requires that the board submit semiannual reports to Congress and that it makes such reports available to the public.  Creates civil liberties officers in any department, element, or agency of the executive branch designated to be appropriate by the Board. Modeled after H.R. 1310, the Protection of Civil Liberties Act.

Markey #12
Provides that if an alien is apprehended at or between a port of entry or along the international land or maritime borders of the U.S., and is then detained pursuant to the new authorities set forth in section 301 of the bill, that that alien shall not be transferred or rendered to any country if there are substantial grounds to believe that the alien would be in danger of being tortured, or of being subjected to cruel, humiliating or degrading treatment or punishment.

Markey #13
Would require that not later than one year after date of enactment, and twice a year thereafter, Customs and Border Protection must conduct on-site validations at the facilities of all C-TPAT and FAST members to ensure that the security measures are in place that were required for acceptance into these two programs.  Also requires Customs and Border Protection to establish policies for non-compliance with the requirements of the programs, including probation and expulsion, as appropriate.

McHenry #35
Requires the Secretary of Homeland Security to consolidate existing U.S. Citizenship and Immigration Services databases into a comprehensive database that allows real-time access to data, in order to improve customer service and enhance national security and public safety, and for other purposes.  Database will incorporate biometric and linguistic capabilities to prevent fraud and to verify the identity and immigration status of immigrants.  Enhances coordination between immigration case files and Federal law enforcement agencies.  Sets deadlines for the implementation of the comprehensive database and data transfer.

Meek #41
Corrects a flaw that punishes Haitian asylum seekers for having used forged documents to flee Haiti by plane during the 1991 coup in that country, by waiving a penalty for document fraud in certain cases.  Also requires that the age of dependent children at the time that their parents applied for residency under the Haitian Refuge Immigrant Fairness Act of 1998 is the age that should be sued in making determinations as to that dependent’s status, since many have aged-out waiting for their hearings.

Miller, Gary (CA) #68
Amends Sec. 607 to allow all counties in the United States to transfer illegal aliens, detained or in custody, to Federal law enforcement and require counties to be reimbursed within 60 days for the costs of detaining, housing, and transporting such illegal aliens.

Miller, Gary (CA) #69
Requires lenders to verify that mortgage credit applicants are U.S. citizens or legally present in the U.S.  Clarifies that issuing such a mortgage would violate the provisions outlined in Title II.

Miller, Gary (CA) #70
Amends section 212(a) of the Immigration and Nationality Act, to prohibit any alien from entering the United States who is pregnant and who seeks to enter the U.S. to give birth. Exemptions would be provided for legal permanent residents and aliens admitted for medical reasons.
REVISED

Miller, George (CA) #123
Applies U.S. Immigration law to the Commonwealth of the Northern Mariana Islands.
REVISED

Myrick #76
Amends section 606 of the bill to require the removal of an unauthorized alien on the first conviction of drunk driving.

Myrick #79
Amends section 606 of the bill to require the removal of an unauthorized alien on the first conviction of drunk driving.  Authorizes State and local law enforcement officers to detain and transport unauthorized alien drunk drivers and be reimbursed by the Department of Homeland Security.  Information on unauthorized alien drunk drivers shall be reported to the Department of Homeland Security, the National Criminal Information Center and the Drivers License Agreement of the American Association of Motor Vehicle Administrators.

Myrick #80
Requires State and local law enforcement agencies to participate in immigration law enforcement training under Section 287(g) of the Immigration and Nationality Act.  The Department of Homeland Security shall pay for the costs of training.

Myrick #81
Requires State and local law enforcement agencies to share information on driving while intoxicated convictions with the Department of Homeland Security as a condition to receive State Criminal Alien Assistance Program funds.

Myrick #82
Amends Section 406 of the bill to require participation of State and local law enforcement agencies in immigration law enforcement training under Section 287(g) of the Immigration and Nationality Act.

Myrick #83
Increases the civil money penalty for hiring, recruiting, or referring unlawful aliens for employment.

Myrick #84
Amends the bill to add a section improving the compatibility of Federal immigration databases.

Myrick #85
Increases the civil money penalty for hiring, recruiting or referring unlawful aliens for employment.  Eighty percent of the fines must go to State and local law enforcement agencies if they helped in the investigation or prosecution of such employers.

Myrick #89
Amends Section 614(b) of the bill to include Driving While Intoxicated as a deportable criminal offense.

Nadler #104
Strikes section 407, “expedited removal,” which grants extraordinary and unprecedented power to low-level immigration officers to remove individuals without review and without a fair hearing.

Nadler #105
Strikes Title VII, which denies judicial review to immigrants by stripping Federal courts of jurisdiction over immigration cases.

Nadler #106
Placeholder.  Restores a provision prohibiting the raiding of the social security trust fund for the purposes of developing and implementing changes to the social security card. 

Norwood #62
Requires DHS to submit the names of four categories of illegal aliens for entry into the National Crime Information Center database: aliens against whom a final order of removal has been issued, aliens who have signed a voluntary departure agreement, aliens who have overstayed their authorized period of stay, and aliens whose visas have been revoked.  Existing database is available to nearly all law enforcement 24 hours a day, and would assist law enforcement in apprehending criminal illegal aliens.

Norwood #63
Reaffirms the existing, inherent authority of State and local law enforcement to assist in the enforcement of immigration law in their normal course of duty, and provide appropriate training and resources on this issue at no cost to the local agency.

Norwood #64
Authorizes additional and increased resources for law enforcement to assist in the enforcement of immigration laws, including increased authorization levels for SCAAP grants, the Institutional Removal Program that identifies criminal aliens, and a new, audited grant program for law enforcement agencies.

Norwood #65
Reaffirms state and local law enforcement’s existing inherent authority to assist in the enforcement of immigration law, provide training on this issue at no cost to the local agency, increase law enforcement’s access to vital information on illegal criminal aliens, and provide increased and additional resources (SCAAP grants, Institutional Removal Program, and a new grant program) to help assist in the enforcement of immigration laws.

Paul #23
Prohibits prospectively that wages earned, and self-employment income derived, by individuals who are not citizens or nationals of the U.S. shall not be credited for coverage under the old-age, survivors, and disability insurance program under such title, and to provide the President with authority to enter into agreements with other nations taking into account such limitation on crediting of wages and self-employment income.

Paul #24
Prohibits any person born after the date of the ratification of this article to a mother and father, neither of whom is a citizen of the U.S. nor a person who owns permanent allegiance to the U.S., from being a citizen of the U.S. or of any State solely by reason of birth in the U.S.

Paul #25
Denies to any alien found to have entered the U.S. illegally food stamps, student loans, and other Federally-provided assistance.

Poe #5
Makes technical changes to the Intelligence Reform and Terrorism Prevention Act of 2004, P.L. 108-458, by requiring by statute that passports be presented and inspected for all travel into the U.S. by January 1, 2008.  Also requires that machine-readable passports be promoted and should be a vital component of a fully operational entry-exit system.

Price (GA) #3
Establishes a hard deadline to achieve operational control over the entire international land and maritime borders of the U.S. Operational control entails the prevention of all unlawful entries into the United States.

Renzi #77
States that all uniforms procured for use by Border Patrol agents are to be made in the United States.

Reyes/Sanchez, Loretta/Conyers #107
Amendment in the Nature of a Substitute.
Text of H.R. 4312 as reported out of the Committee on Homeland Security. Requires the U.S. Department of Homeland Security (DHS) and the U.S. Department of Defense (DOD) to develop a joint strategic plan that will provide the Border Patrol agents with military support to increase surveillance along the border; Mandates DHS to conduct comprehensive risk assessments of all ports of entry and international land and maritime borders to prevent the entry of terrorists and weapons; Authorizes new, full-time port of entry inspectors over the next four years and the training of additional K-9 units over the next five years; Reauthorizes the addition of 8,000 new border agents and 32,000 new detention beds over the next four years, in accordance with the Intelligence Reform and Terrorism Prevention Act of 2004; and Establishes physical barriers and incorporates widespread, state-of-the-art surveillance technology, including cameras, sensors, radar, satellite, and Unmanned Aerial Vehicles (UAVs), in order to ensure 100% coverage of our borders. Requires mandatory detention for all aliens apprehended at U.S. land borders attempting to cross illegally, by Oct. 1, 2006, and expedited removal of all illegal aliens who are apprehended within 14 days of entry and 100 miles of a U.S. land border; Requires DHS to use every available detention bed and find new detention space, such as contracting with state and local jails. Requires the Secretary take immediate action to address the inefficiencies and poor communication between the two main border security agencies within DHS, U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP); and places Air and Marine Operations (AMO) directly under the authority of the Secretary, eliminating current bureaucracy and allowing for a more flexible, coordinated air program capable of providing tracking, deterrence, rapid response, and investigative support to multiple DHS agencies.

Reyes/Thompson (MS)/Conyers #73
WITHDRAWN

Reyes/Thompson #107
Placeholder.  Amendment in the Nature of a Substitute. 

Rohrabacher #32
Prohibits the Social Security Administration from granting Social Security credit for earnings related to work in violation of immigration laws. 

Royce #66
Alters the “Advisory Committee,” making Congress the body to appoint members of the Advisory Committee.  The Committee would be composed of 12 members, appointed on a bipartisan basis, as follows: 3 appointed by the Speaker of the House; 3 appointed by the Minority Leader of the House; 3 appointed by the Majority Leader of the Senate; and 3 appointed by the Minority Leader of the Senate.

Royce #67
Codifies recommendations from a GAO report to protect the integrity of U.S. passports.  Contains: (a) Findings; (b) Information Sharing to Combat Passport Fraud (Mandates that information sharing be enhanced so that the State Department’s database contains a more comprehensive list of individuals identified in the Terrorist Screening Center, including state and federal fugitives.); (c) Oversight for Passport Acceptance Agents (Requires a background investigation of passport acceptance agents, requires passport issuing offices to maintain a record of passport acceptance agents, and require regular audits of the passport acceptance agent program to ensure rules and regulations are followed.); (d) Establishment of Training Program for Passport Acceptance Agents (Establishes a comprehensive training program for passport acceptance agents.); (e) Establishment of a Fraud Prevention Library (Establishes a fraud prevention library, so that information can be shared across the State Department.); and (f) Report on Documents Related to Passport Issuance (Requires a report to identify weaknesses in identification documents and recommend criteria to improve security of them.).

Royce #91
Placeholder.  States that no immigration benefit may be granted until, at a minimum, an FBI fingerprint check has been submitted and the results show that the alien does not have a criminal or immigration history that would render him or her ineligible for the benefit have been to U.S. Citizenship and Immigration Services (USCIS).

Ruppersberger #61
Changes the effective date for business compliance to two years after the promulgation of DHS regulations. 

Ryun #2
Establishes the Oath of Renunciation and Allegiance as Federal law so that it cannot be changed without an act of Congress.  Also requires the Secretary of Homeland Security, in cooperation with the Secretary of State, to notify a foreign embassy of which a new citizen was a citizen or subject that the citizen has: (1) renounced allegiance to that foreign country; and (2) sworn allegiance to the United States.

Sanchez, Linda (CA) #72
Authorizes $1 billion annually for the State Criminal Alien Assistance Program for the years 2006 through 2016, and amends the Immigration & Nationality Act to require that the Federal government reimburse States and localities for costs associated with criminal aliens charged with a felony or two misdemeanors, in addition to those convicted.

Sensenbrenner/King (NY) #92
Manager’s Amendment.  Includes technical and conforming changes.  Includes provisions requested by the Administration to allow for more effective enforcement of immigration laws, including increased penalties for passport and visa fraud and misuse.  Requires the Attorney General to submit an annual report on criminal alien prosecutions, and creates a pilot program for intelligence-gathering on the Southwest border.  Clarifies the jurisdiction of the FAA.  Amends the implementation dates of the employment eligibility verification program.
REVISED

Shadegg #119
Increases penalties for document fraud and for crimes of violence and drug trafficking offenses committed by illegal aliens.

Shadegg #120
Adds human trafficking and human smuggling to the list of predicate acts under the federal money laundering statute.

Shadegg #121
Authorizes additional appropriations for FY2007-2011 for the hiring of Department of Homeland Security investigative personnel and trial attorneys.  Establishes an Assistant Attorney General for Immigration within the Department of Justice (DoJ) and authorizes additional appropriations for DoJ litigation attorneys, U.S. Attorneys, and immigration judges.

Shadegg #122
Authorizes the Department of Homeland Security (DHS) to award grants to Indian tribes with land adjacent to an international border of the U.S.  Requires DHS to submit a report to Congress within 180 days of enactment on grants awarded to tribes, access to Border Patrol agents on tribal lands, cooperation with tribal authorities, and improvements to enforcement on tribal lands.  Authorizes $10 million in additional appropriations for each fiscal year from 2007-2011.

Slaughter #101
Requires the Department of State and the Department of Homeland Security to create a secure, low-cost, and easily obtainable border crossing document that meets the requirements of section 7209 of the Intelligence Reform and Terrorism Prevention Act. Alternative card would have the same security and application requirements as a passport, but at a lower cost. REVISED

Stearns #100
Prohibits Department of Homeland Security, the U.S. Attorney General, and all courts from granting any kind of legal immigration status (i.e. "benefits") to an alien until the relevant databases of criminal records and terrorist watch lists are checked.

Stupak #103
Delays expiration until October 1, 2009 of the H-2B title of the FY05 Emergency Supplemental Appropriations bill which contains a provision that keeps aliens who have been counted toward the H-2B cap in any of the past three years from being counted again.

Stupak/Reyes/Ortiz #102
Merges the Immigration and Customs Enforcement and Customs and Border Protection component of the Department of Homeland Security.
REVISED

Sullivan #1
Adds H.R. 4079, the Secure Our Nation’s Interior Enforcement Act of 2005, to the bill.  Major provisions include: (1) expanding mandatory deportation nationwide for all illegal aliens who cannot prove they have been in the United States for more than one year; (2) requires Federal authorities to respond to and detain all illegal aliens reported to the Department of Homeland Security by State and local law enforcement; (3) clarifies the authority of State and local law enforcement to enforce Federal immigration laws; (4) requires all non-citizens who enter or exit the country to be processed through US-VISIT.

Tancredo #21
Repeals a provision recently enacted in the FY 2006 Agriculture Appropriations that created a broad exemption for religious organizations from the Federal law which makes it a crime to knowingly transport or harbor illegal aliens, and closes the loophole it created.

Tancredo #22
Prohibits the Attorney General from allocating funds under the State Criminal Alien Assistance Program to any state or local government which maintains a “sanctuary policy” in violation of federal law (8 USC 1373).  Also requires the Attorney General to report annually to Congress on which state and local governments maintain “sanctuary policies”.

Tancredo #90
Prohibits U.S. Federal agencies from accepting any form of individual identification issued by a foreign government, except a passport that is authorized by Federal law upon the date of enactment.

Thompson (MS) #55
Increases homeland security authorization levels for FY 2007.  Creates a new permanent National Commission on Preventing Terrorist Attacks Upon the United States, whose purpose is solely to “examine and report on the changes taken since the terrorist attacks of September 11, 2001 to structure, coordination, management policies, and procedures of the Federal Government, and, if appropriate, State and local governments and non-governmental entities, relative to detecting, preventing, and responding to future terrorist attacks on the United States.”  Commission would have the same authority as the 9/11 Commission and would be authorized at $10 million a year. 

Velzquez #74
Requires the U.S. Citizenship and Immigration Services (USCIS) to reduce the immigration application processing backlog to 6 months within a period of 1 year. Authorizes the Director of USCIS to implement innovative pilot initiatives to eliminate the backlog and prevent further backlog from recurring. Encourages initiatives such as increasing or transferring personnel to areas with the greatest backlog, streamlining regulations and paperwork filing processes, upgrading information technology, and increasing the number of immigration service centers.
REVISED

Weldon (FL)/Peterson (MN) #27
Requires the Census Bureau to annually estimate the number of illegal immigrants in the U.S. by country of origin.  Based on this estimate, on a country-by-country basis, the number of immigrant visas allocated to each country is reduced by one visa for every two illegal immigrants in the U.S. from that country.  Under no circumstances can the number of visas for a particular country be reduced by more than 50%.

Weldon (FL)/Peterson(MN) #28
Requires the Department of Homeland Security to annually estimate the number of illegal immigrants in the U.S. by country of origin.  Based on this estimate, on a country-by-country basis, the number of immigrant visas allocated to each country is reduced by one visa for every two illegal immigrants in the U.S. from that country.  Under no circumstances can the number of visas for a particular country be reduced by more than 50%.

Westmoreland #129
Strikes title VII from the bill, regarding employment eligibility verification.