H.R. 4437- Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Thursday, December 15, 2005 (legislative day of Wednesday, December 14, 2005.)
FLOOR ACTION: ADOPTED BY THE YEAS AND NAYS 220-206 on Thursday, December 15, 2005.

MANAGERS: GINGREY/HASTINGS(FL)
109th Congress 
1st Session

H. RES. 610

[Report No. 109-347]

1. Structured rule.

2. Provides two hours of general debate equally divided among and controlled by the chairman and ranking minority member of the Committee on the Judiciary and the chairman and ranking minority member of the Committee on Homeland Security.

3. Waives all points of order against consideration of the bill.

4. Provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill, modified by the amendment printed in part A of the Rules Committee report accompanying the resolution, shall be considered as adopted in the House and in the Committee of the Whole and shall be considered as read.

5. Waives all points of order against the bill, as amended.

6. Makes in order only those amendments printed in part B of the Rules Committee report.

7. 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.

8. Waives all points of order against amendments printed in part B of the report.

9. Provides that, after disposition of the amendments printed in part B of the report, the Committee of the Whole shall rise without motion and no further consideration of the bill shall be in order except by a subsequent order of the House.

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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 consideration of the bill (H.R. 4437) to amend the Immigration and Nationality Act to strengthen enforcement of the immigration laws, to enhance border security, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed two hours equally divided among and controlled by the chairman and ranking minority member of the Committee on the Judiciary and the chairman and ranking minority member of the Committee on Homeland Security. After general debate the bill shall be considered for amendment under the five-minute rule. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill, modified by the amendment printed in part A of 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 under the five-minute rule and shall be considered as read. All points of order against the bill, as amended, are waived. Notwithstanding clause 11 of rule XVIII, 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. After disposition of the further amendments printed in part B of the report of the Committee on Rules, the Committee of the Whole shall rise without motion. No further consideration of the bill shall be in order except pursuant to a subsequent order of the House.

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PART - A
SUMMARY OF AMENDMENT TO BE CONSIDERED AS ADOPTED


Thomas #131

Authorizes the Commissioner of Social Security to perform activities with respect to carrying out the Commissioner's responsibilities in title VII, Employment Eligibility Verification, but only to the extent the Secretary of Homeland Security has provided, in advance, funds to cover the Commissioner's full costs in carrying out such responsibilities. Prohibits funds from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund from being used to carry out such responsibilities.

TEXT OF THE AMENDMENT TO PART A

Thomas #131

 

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PART - B
SUMMARY OF AMENDMENTS TO BE MADE IN ORDER UNDER THE RULE

 

Carter #38
Requires the Secretary of Homeland Security to include satellite communications in the plan authorized by Section 106 of H.R. 4473. (10 minutes)

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. (10 minutes)

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. (10 minutes)

Renzi #77
States that all uniforms procured for use by Border Patrol agents are to be made in the United States. (10 minutes)

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. (10 minutes)

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. (10 minutes)

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). (10 minutes)

Jackson-Lee #7
Provides guidelines for implementing the secured alternatives to detention provision in section 402(a). (10 minutes)

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. (10 minutes)

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. (10 minutes)

Hunter/Dreier/ Royce/Goode/Gingrey #113
Mandates the construction of specific security fencing, including lights and cameras, along the Southwest border for the purposes of gaining operational control of the border. Fencing has been designated in sectors that have the highest number of immigrant deaths, instances of drug smuggling and illegal border crossings. Includes a requirement for the Secretary of Homeland Security to conduct a study on the use of physical barriers along the Northern border. (20 minutes)

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. (10 minutes)

Hayworth #95
Increases the number of employment-based visas available through a reduction in other non-employment-based immigration categories. (10 minutes)

Goodlatte/ Herseth #37
Eliminates the visa lottery program. (10 minutes)

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. (10 minutes)


TEXT OF THE AMENDMENTS TO PART B

 

1.) Carter #38

2.) Gohmert #9

3.) Johnson, Sam (TX) #26

4.) Renzi #77

5.) Castle #16

6.) Gingrey #130

7.) Campbell #59

8.) Jackson-Lee #7

9.) Castle #17

10.) Brown-Waite #51

11.) Hunter/Dreier/ Royce/Goode/ Gingrey #113

12.) DeFazio/Lungren #47

13.) Hayworth #95

14.) Goodlatte/ Herseth #37

15.) Filner #45