H. R. 418 - THE REAL ID ACT OF 2005 (part 2)

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Tuesday, February 9, 2005.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 228-198 on Thursday February 10, 2005
MANAGERS: SESSIONS/HASTINGS(FL)
109th Congress
1st Session

H. RES. 75
[Report No. 109-4]

H.R. 418 - REAL ID Act of 2005 (part 2)

1. Provides for further consideration of the bill under a structured rule.

2. Provides that no further general debate shall be in order.

3. Provides that the amendment printed in Part A of the Rules Committee report accompanying the resolution shall be considered as adopted in the House and in the Committee of the Whole.

4. Provides that the bill, as amended, shall be considered as the original bill for the purpose of further amendment and shall be considered as read.

5. Makes in order only those amendments printed in Part B of the report.

6. Provides that the amendments printed in Part B of the report may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.

7. Waives all points of order against the amendments printed in Part B of the report.

8. Provides one motion to recommit with or without instructions.

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RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for further consideration of the bill (H.R. 418) to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, and to ensure expeditious construction of the San Diego border fence. No further general debate shall be in order. The bill shall be considered for amendment under the five-minute rule. The amendment printed in part A of the report of the Committee on Rules accompanying this resolution shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment and shall be considered as read. No further amendment to the bill, as amended, shall be in order except those printed in part B of the report of the Committee on Rules. Each further amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such further amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Part A - SUMMARY OF AMENDMENT CONSIDERED AS ADOPTED

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

TEXT OF THE AMENDMENT(.pdf)

1.Sensenbrenner #1

Part B - SUMMARY OF AMENDMENTS MADE IN ORDER

1. Sessions #6:
Promotes the goal of 100% repatriation of all aliens ordered deported by clarifying obligations under the Department of Homeland Security's existing delivery bond authority. (20 minutes)

2. Castle #7:
Requires the Secretary of Homeland Security to enter into the appropriate aviation security screening database the appropriate background information of any person convicted of using a false drivers' license for the purpose of boarding an airplane. In addition to the federally mandated punishment for using a false drivers' license, collecting this information would enhance our ability to track and detect potential security threats. (20 minutes)

3. Kolbe #10:
Vulnerability and Threat Assessment - requires the Department of Homeland Security, working through field offices of the Bureau of Customs and Border Protection (BCBP), to study the technology, equipment, and personnel needed to address security within the U.S. and submit a report to Congress including recommendations for improvement.
Ground Surveillance Pilot Program - similar to the aerial surveillance pilot program, requires DHS to develop and carry out a ground surveillance pilot program to identify and test ground surveillance technologies that will improve border security. The program will include at least one northern border and one southern border location.
Enhancement of Border Communications Integration and Information Sharing - requires DHS to develop a plan to improve communications and information sharing with federal, state and tribal government agencies and report findings with a plan for implementation. Adds Judiciary Committee to the reporting requirements and removes references to the "Select" Committee on Homeland Security. (20 minutes)

4. Nadler/Meek #4:
Strikes section 101. (20 minutes)

5. Farr #18:
Strikes section 102. (20 minutes)

(Summaries derived from information provided by the amendment sponsor.)

TEXT OF THE AMENDMENTS(.pdf)

1. Session #6

2. Castle #7

3. Kolbe #10

4. Nadler/Meek #4

5. Farr #18