[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3534 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 3534

   To enhance border enforcement, improve homeland security, remove 
   incentives for illegal immigration, and establish a guest worker 
                                program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2003

Mr. Tancredo (for himself, Mr. Deal of Georgia, Mr. Duncan, Mr. Hefley, 
 and Mr. Herger) introduced the following bill; which was referred to 
 the Committee on the Judiciary, and in addition to the Committees on 
  Ways and Means, Government Reform, Education and the Workforce, and 
International Relations, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To enhance border enforcement, improve homeland security, remove 
   incentives for illegal immigration, and establish a guest worker 
                                program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Enforcement and Revolving 
Employment to Assist Laborers Act of 2003'' or the ``BE REAL Act of 
2003''.

                      TITLE I--BORDER ENFORCEMENT

                Subtitle A--Improving Homeland Security

SEC. 101. SENSE OF CONGRESS REGARDING USE OF MILITARY TO GUARD LAND 
              BORDERS OF THE UNITED STATES.

    It is the sense of Congress that the President should deploy United 
States military troops to perform support functions along the southern 
and northern United States land borders until such time as additional 
Border Patrol agents authorized under this Act are hired and deployed.

SEC. 102. USE OF ARMY AND AIR FORCE TO SECURE THE BORDER.

    Section 1385 of title 18, United States Code, is amended by 
inserting after ``execute the laws'' the following: ``other than at or 
near a border of the United States in order to prevent aliens, 
terrorists, and drug smugglers from entering the United States''.

SEC. 103. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

    Subject to the availability of appropriations, the Secretary of 
Homeland Security shall increase the number of full-time Border Patrol 
agents to 20,000 by fiscal year 2008. There are authorized to be 
appropriated such sums as may be necessary for additional resources for 
support personnel and equipment for the activities of the new Border 
Patrol personnel.

SEC. 104. INCREASE IN FULL-TIME BCBP IMMIGRATION INSPECTORS.

    Subject to the availability of appropriations, the Secretary of 
Homeland Security shall increase by 2,000 the number of full-time 
Bureau of Customs and Border Protection immigration inspectors by the 
end of fiscal year 2006. There are authorized to be appropriated such 
sums as may be necessary for such additional resources for support 
personnel and equipment for inspections as may be necessary to 
implement such increase in inspectors.

SEC. 105. INCREASE IN FULL-TIME 1811-SERIES BICE SPECIAL AGENTS.

    Subject to the availability of appropriations, the Secretary of 
Homeland Security shall increase the number of full-time 1811-series 
Bureau of Immigration and Customs Enforcement special agents devoted to 
the immigration function to 4,500 by the end of the fiscal year 2006. 
There are authorized to be appropriated such sums as may be necessary 
for such additional resources for support personnel, training, 
equipment, and case funds for investigations as may be necessary to 
implement such increase in the number of special agents.

SEC. 106. INCREASE IN FULL-TIME DETENTION AND REMOVAL OFFICERS.

    Subject to the availability of appropriations, the Secretary of 
Homeland Security shall increase by 2,000 the number of full-time 
detention and removal officers by the end of the fiscal year 2006. 
There are authorized to be appropriated such sums as may be necessary 
for additional resources for support personnel and equipment for 
removals to implement such increase in personnel.

SEC. 107. FUNCTIONS OF DETENTION AND REMOVAL OFFICERS.

    Notwithstanding any other provision of law, detention and removal 
officers of the Department of Homeland Security at the GS-9 and GS-11 
levels are authorized to perform interior patrol functions, including 
locating, detaining, and transporting alien who have overstayed their 
visas, alien absconders, and aliens apprehended by state or local 
authorities.

SEC. 108. SUSPENSION OF VISA WAIVER PROGRAM.

    Notwithstanding any other provision of law, the visa waiver program 
for certain visitors established under section 217 of the Immigration 
and Nationality Act shall be suspended until the Secretary of Homeland 
Security determines and certifies to the Congress that--
            (1) the automated entry-exit system authorized under 
        section 110 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1221 note) is fully 
        implemented and functional,
            (2) all United States ports of entry have functional 
        biometric machine readers,
            (3) all countries which participate in the visa waiver 
        program under section 217 of the Immigration and Nationality 
        Act issue to nationals of such countries machine-readable 
        biometric passports.

SEC. 109. CIVIL AND CRIMINAL PENALTIES FOR NONIMMIGRANT VISA OVERSTAYS.

    (a) In General.--The Immigration and Nationality Act is amended by 
inserting after section 275 the following new section:

    ``criminal penalties for unlawful presence in the united states

    ``Sec. 275A. Any alien who fails to depart the United States within 
30 days after the expiration of a nonimmigrant visa and is not in other 
lawful status under this Act shall be fined under title 18, United 
States Code, imprisoned not more than one year, or both.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 275 the following:

``Sec. 275A. Criminal penalties for unlawful presence in the United 
                            States.''.

SEC. 110. CIVIL AND CRIMINAL PENALTIES FOR DOCUMENTS FRAUD AND FALSE 
              CLAIMS OF CITIZENSHIP.

    (a) Penalties for Document Fraud.--Section 274C(d)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1324c(d)(3)) is amended--
            (1) in subparagraph (A), by striking ``$250 and not more 
        than $2,000'' and inserting ``$500 and not more than $4,000''; 
        and
            (2) in subparagraph (B), by striking ``$2,000 and not more 
        than $5,000'' and inserting ``$4,000 and not more than 
        $10,000''.
    (b) Fraud and False Statements.--Chapter 47 of title 18, United 
States Code, is amended--
            (1) in section 1015, by striking ``five years'' and 
        inserting ``10 years''; and
            (2) in section 1028(b)--
                    (A) in paragraph (1), by striking ``15 years'' and 
                inserting ``20 years'';
                    (B) in paragraph (2), by striking ``three years'' 
                and inserting ``six years'';
                    (C) in paragraph (3), by striking ``20 years'' and 
                inserting ``25 years'';
                    (D) in paragraph (4), by striking ``25 years'' and 
                inserting ``30 years''; and
                    (E) in paragraph (6), by striking ``one year'' and 
                inserting ``two years''.

SEC. 111. INCREASE IN CAPACITY OF DETENTION FACILITIES.

    Subject to the availability of appropriations, the Secretary of 
Homeland Security is authorized to double by the end of the fiscal year 
2006 the capacity of facilities that were available at the end of the 
fiscal year 2001 for the detention of aliens under the immigration laws 
of the United States.

SEC. 112. SECURE AND VERIFIABLE IDENTIFICATION REQUIRED FOR FEDERAL 
              PUBLIC BENEFITS.

    In the provision in the United States of a Federal public benefit 
or service, including a law enforcement service, that requires the 
recipient to produce identification, no Federal agency, commission, or 
other entity within the executive, legislative, or judicial branch of 
the Federal Government may accept, recognize, or rely on (or authorize 
the acceptance or recognition of, or the reliance on) any 
identification document, unless the document was issued by a Federal or 
State authority and is subject to verification by a Federal law 
enforcement, intelligence, or homeland security agency.

SEC. 113. REQUIREMENT OF UNITED STATES CITIZENSHIP FOR CERTAIN FEDERAL 
              EMPLOYEES AND THE PRACTICE OF IMMIGRATION LAW IN THE 
              UNITED STATES.

    (a) Positions in the Department of Homeland Security.--
Notwithstanding any other provision of law, employees of the Department 
of Homeland Security in positions in the Bureau of Customs and Border 
Protection, the Bureau of Immigration and Customs Enforcement, and the 
Bureau of Citizenship and Immigration Services shall be citizens of the 
United States.
    (b) Positions in the Department of State.--Notwithstanding any 
other provision of law, employees of the Department of State in 
positions in consular affairs offices shall be citizens of the United 
States.

SEC. 114. FINGERPRINTING OF APPLICANTS FOR UNITED STATES PASSPORTS.

    Section 1 of title IX of the Act of June 15, 1917 (22 U.S.C. 213) 
is amended--
            (1) by inserting ``(a)'' before ``Before a passport'';
            (2) by adding at the end the following:
    ``(b) No new or replacement United States passport may be issued to 
any applicant on or after January 1, 2006 unless--
            ``(1) the applicant has been fingerprinted electronically; 
        and
            ``(2) the applicant's fingerprints have been checked 
        against the National Crime Information Center database of the 
        Federal Bureau of Investigation.''.

SEC. 115. VISA TERM COMPLIANCE BONDS.

    (a) Definitions.--For purposes of this section:
            (1) Visa term compliance bond.--The term ``visa term 
        compliance bond'' means a written suretyship undertaking 
        entered into by an alien individual seeking admission to the 
        United States of America on a nonimmigrant visa whose 
        performance is guaranteed by a bail agent.
            (2) Suretyship undertaking.--The term ``suretyship 
        undertaking'' means a written agreement, executed by a bail 
        agent, which binds all parties to its certain terms and 
        conditions and which provides obligations for the visa 
        applicant while under the bond and penalties for forfeiture to 
        ensure the obligations of the principal under the agreement.
            (3) Bail agent.--The term ``bail agent'' means any 
        individual properly licensed, approved, and appointed by power 
        of attorney to execute or countersign bail bonds in connection 
        with judicial proceedings and who receives a premium.
            (4) Surety.--The term ``surety'' means an entity, as 
        defined by, and that is in compliance with, sections 9304 
        through 9308 of title 31, United States Code, that agrees--
                    (A) to guarantee the performance, where 
                appropriate, of the principal under a visa term 
                compliance bond;
                    (B) to perform as required in the event of a 
                forfeiture; and
                    (C) to pay over the principal (penal) sum of the 
                bond for failure to perform.
    (b) Issuance of Bond.--A consular officer may require an applicant 
for a nonimmigrant visa, as a condition for granting such application, 
to obtain a visa term compliance bond.
    (c) Validity, Expiration, Renewal, and Cancellation of Bonds.--
            (1) Validity.--A visa term compliance bond undertaking is 
        valid if it--
                    (A) states the full, correct, and proper name of 
                the alien principal;
                    (B) states the amount of the bond;
                    (C) is guaranteed by a surety and countersigned by 
                an attorney-in-fact who is properly appointed;
                    (D) is an original signed document;
                    (E) is filed with the Secretary of Homeland 
                Security along with the original application for a 
                visa; and
                    (F) is not executed by electronic means.
            (2) Expiration.--A visa term compliance bond undertaking 
        shall expire at the earliest of--
                    (A) 1 year from the date of issue;
                    (B) at the expiration, cancellation, or surrender 
                of the visa; or
                    (C) immediately upon nonpayment of the premium.
            (3) Renewal.--The bond may be renewed--
                    (A) annually with payment of proper premium at the 
                option of the bail agent or surety; and
                    (B) provided there has been no breech of 
                conditions, default, claim, or forfeiture of the bond.
            (4) Cancellation.--The bond shall be canceled and the 
        surety and bail agent exonerated--
                    (A) for nonrenewal;
                    (B) if the surety or bail agent provides reasonable 
                evidence that there was misrepresentation or fraud in 
                the application for the bond;
                    (C) upon termination of the visa;
                    (D) upon death, incarceration of the principal, or 
                the inability of the surety to produce the principal 
                for medical reasons;
                    (E) if the principal is detained in any city, 
                State, country, or political subdivision thereof;
                    (F) if the principal departs from the United States 
                of America for any reason without permission of the 
                Secretary of Homeland Security and the surety or bail 
                agent; or
                    (G) if the principal is surrendered by the surety.
            (5) Effect of expiration or cancellation.--When a visa term 
        compliance bond expires without being immediately renewed, or 
        is canceled, the nonimmigrant status of the alien shall be 
        revoked immediately.
            (6) Surrender of principal; forfeiture of bond premium.--
                    (A) Surrender.--At any time before a breach of any 
                of the conditions of the bond, the surety or bail agent 
                may surrender the principal, or the principal may 
                surrender, to any Bureau of Immigration and Customs 
                Enforcement or Bureau of Customs and Border Protection 
                office or facility.
                    (B) Forfeiture of bond premium.--A principal may be 
                surrendered without the return of any bond premium if 
                the visa holder--
                            (i) changes address without notifying the 
                        surety or bail agent and the Secretary of 
                        Homeland Security in writing at least 60 days 
                        prior to such change;
                            (ii) changes schools, jobs, or occupations 
                        without written permission of the surety, bail 
                        agent, and such Secretary;
                            (iii) conceals himself or herself;
                            (iv) fails to report to such Secretary as 
                        required at least annually; or
                            (v) violates the contract with the bail 
                        agent or surety, commits any act that may lead 
                        to a breech of the bond, or otherwise violates 
                        any other obligation or condition of the visa 
                        established by such Secretary.
            (7) Certified copy of undertaking or warrant to accompany 
        surrender.--
                    (A) In general.--A person desiring to make a 
                surrender of the visa holder--
                            (i) shall have the right to petition any 
                        Federal court for an arrest warrant for the 
                        arrest of the visa holder;
                            (ii) shall forthwith be provided a 
                        certified copy of the arrest warrant and the 
                        undertaking; and
                            (iii) shall have the right to pursue, 
                        apprehend, detain, and deliver the visa holder, 
                        together with the certified copy of the arrest 
                        warrant and the undertaking, to any official or 
                        facility of the Bureau of Immigration and 
                        Customs Enforcement or Bureau of Customs and 
                        Border Protection or any detention facility 
                        authorized to hold Federal detainees.
                    (B) Effects of delivery.--Upon delivery of a person 
                under subparagraph (A)(iii)--
                            (i) the official to whom the delivery is 
                        made shall detain the visa holder in custody 
                        and issue a written certificate of surrender; 
                        and
                            (ii) the court issuing the warrant 
                        described in subparagraph (A)(i) and 
the Secretary of Homeland Security shall immediately exonerate the 
surety and bail agent from any further liability on the bond.
            (8) Form of bond.--A visa term compliance bond shall in all 
        cases state the following and be secured by a surety:
                    ``(A) Breach of bond; procedure, forfeiture, 
                notice.--
                            ``(i) If a visa holder violates any 
                        conditions of the visa or the visa bond the 
                        Secretary of Homeland Security shall--
                                    ``(I) order the visa canceled;
                                    ``(II) immediately obtain a warrant 
                                for the visa holder's arrest;
                                    ``(III) order the bail agent and 
                                surety to take the visa holder into 
                                custody and surrender the visa holder 
                                to such Secretary; and
                                    ``(IV) mail notice to the bail 
                                agent and surety via certified mail 
                                return receipt at each of the addresses 
                                in the bond.
                            ``(ii) A bail agent or surety shall have 
                        full and complete access to any and all 
                        information, electronic or otherwise, in the 
                        care, custody, and control of the United States 
                        Government or any State or local government or 
                        any subsidiary or police agency thereof 
                        regarding the visa holder needed to comply with 
                        section 116 of the Border Enforcement and 
                        Revolving Employment to Assist Laborers Act of 
                        2003 that the court issuing the warrant 
                        believes is crucial in locating the visa 
                        holder.
                            ``(iii) If the visa holder is later 
                        arrested, detained, or otherwise located 
                        outside the United States and the outlying 
                        possessions of the United States (as defined in 
                        section 101(a) of the Immigration and 
                        Nationality Act), such Secretary shall--
                                    ``(I) order that the bail agent and 
                                surety are completely exonerated, and 
                                the bond canceled and terminated; and
                                    ``(II) if such Secretary has issued 
                                an order under clause (i), the surety 
                                may request, by written, properly filed 
                                motion, reinstatement of the bond. This 
                                subclause may not be construed to 
                                prevent such Secretary from revoking or 
                                resetting a higher bond.
                            ``(iv) The bail agent or surety must--
                                    ``(I) produce the visa bond holder; 
                                or
                                    ``(II)(aa) prove within 180 days 
                                that producing the bond holder was 
                                prevented--
                                            ``(aaa) by the bond 
                                        holder's illness or death;
                                            ``(bbb) because the bond 
                                        holder is detained in custody 
                                        in any city, State, country, or 
                                        political subdivision thereof;
                                            ``(ccc) because the bond 
                                        holder has left the United 
                                        States or its outlying 
                                        possessions (as defined in 
                                        section 101(a) of the 
                                        Immigration and Nationality Act 
                                        (8 U.S.C. 1101(a)); or
                                            ``(ddd) because required 
                                        notice was not given to the 
                                        bail agent or surety; and
                                    ``(bb) prove within 180 days that 
                                the inability to produce the bond 
                                holder was not with the consent or 
                                connivance of the bail agent or 
                                sureties.
                            ``(v) If the bail agent or surety does not 
                        comply with the terms of this bond within 60 
                        days after the mailing of the notice required 
                        under subparagraph (A)(i)(IV), a portion of the 
                        face value of the bond shall be assessed as a 
                        penalty against the surety.
                            ``(vi) If compliance occurs more than 60 
                        days but no more than 90 days after the mailing 
                        of the notice, the amount assessed shall be 
                        one-third of the face value of the bond.
                            ``(vii) If compliance occurs more than 90 
                        days, but no more than 180 days, after the 
                        mailing of the notice, the amount assessed 
                        shall be two-thirds of the face value of the 
                        bond.
                            ``(viii) If compliance does not occur 
                        within 180 days after the mailing of the 
                        notice, the amount assessed shall be 100 
                        percent of the face value of the bond.
                            ``(ix) All penalty fees shall be paid by 
                        the surety within 45 days after the end of such 
                        180-day period.
                    ``(B) Such Secretary may waive the penalty fees or 
                extend the period for payment or both, if--
                            ``(i) a written request is filed with the 
                        Secretary; and
                            ``(ii) the bail agent or surety provides 
                        evidence satisfactory to the Secretary that 
                        diligent efforts were made to effect compliance 
                        of the visa holder.
                    ``(C) Compliance; exoneration; limitation of 
                liability.--
                            ``(i) Compliance.--The bail agent or surety 
                        shall have the absolute right to locate, 
                        apprehend, arrest, detain, and surrender any 
                        visa holder, wherever he or she may be found, 
                        who violates any of the terms and conditions of 
                        the visa or bond.
                            ``(ii) Exoneration.--Upon satisfying any of 
                        the requirements of the bond, the surety shall 
                        be completely exonerated.
                            ``(iii) Limitation of liability.--The total 
                        liability on any undertaking shall not exceed 
                        the face amount of the bond.''.

SEC. 116. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.

    Section 236(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1226(a)(2)) is amended to read as follows:
            ``(2) subject to section 241(a)(8), may release the alien 
        on bond of at least $10,000, with security approved by, and 
        containing conditions prescribed by, the Secretary of Homeland 
        Security, but the Secretary shall not release the alien on or 
        to his own recognizance unless an order of an immigration judge 
        expressly finds that the alien is not a flight risk and is not 
        a threat to the United States; and''.

SEC. 117. DETENTION OF ALIENS DELIVERED BY BONDSMEN.

    (a) In General.--Section 241(a) of the Immigration and Nationality 
Act (8 U.S.C. 1231(a)) is amended by adding at the end the following:
            ``(8) Effect of production of alien by bondsman.--
        Notwithstanding any other provision of law, the Secretary of 
        Homeland Security shall take into custody any alien subject to 
        a final order of removal, and cancel any bond previously posted 
        for the alien, if the alien is produced within the prescribed 
        time limit by the obligor on the bond. The obligor on the bond 
        shall be deemed to have substantially performed all conditions 
        imposed by the terms of the bond, and shall be released from 
        liability on the bond, if the alien is produced within such 
        time limit.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this act and shall apply to 
all immigration bonds posted before, on, or after the date of the 
enactment of this Act.

SEC. 118. SOCIAL SECURITY CARDS.

    (a) Improvements to Card.--
            (1) In general.--For purposes of carrying out section 274A 
        of the Immigration and Nationality Act, the Commissioner of 
        Social Security (in this section referred to as the 
        ``Commissioner'') shall make such improvements to the physical 
        design, technical specifications, and materials of the social 
        security account number card as are necessary to ensure that it 
        is a genuine official document and that it offers the best 
        possible security against counterfeiting, forgery, alteration, 
        and misuse.
            (2) Performance standards.--In making the improvements 
        required in paragraph (1), the Commissioner shall--
                    (A) make the card as secure against counterfeiting 
                as the 100 dollar Federal Reserve note, with a rate of 
                counterfeit detection comparable to the 100 dollar 
                Federal Reserve note; and
                    (B) make the card as secure against fraudulent use 
                as a United States passport.
            (3) Definition.--In this section, the term ``secured social 
        security account number card'' means a social security account 
        number card issued in accordance with the requirements of this 
        paragraph.
            (4) Effective date.--All social security account number 
        cards issued after January 1, 2005, whether new or replacement, 
        shall be secured social security account number cards.

SEC. 119. BIRTH CERTIFICATES.

    Subsection (a) of section 656 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (5 U.S.C. 301 note) is amended to 
read as follows:
    ``(a) Birth Certificates.--
            ``(1) Limitation on acceptance.--(A) No Federal agency, 
        including but not limited to the Social Security Administration 
        and the Department of State, and no State agency that issues 
        driver's licenses or identification documents, may accept for 
        any official purpose a copy of a birth certificate, as defined 
        in paragraph (5), unless it is issued by a State or local 
        authorized custodian of record and it conforms to standards 
        described in subparagraph (B).
            ``(B) The standards described in this subparagraph are 
        those set forth in regulations promulgated by the Federal 
        agency designated by the President, after consultation with 
        such other Federal agencies as the President shall designate 
        and with State vital statistics offices, and shall--
                    ``(i) include but not be limited to--
                            ``(I) certification by the agency issuing 
                        the birth certificate; and
                            ``(II) use of safety paper, the seal of the 
                        issuing agency, and other features designed to 
                        limit tampering, counterfeiting, and 
                        photocopying, or otherwise duplicating, for 
                        fraudulent purposes;
                    ``(ii) not require a single design to which the 
                official birth certificate copies issued by each State 
                must conform; and
                    ``(iii) accommodate the differences between the 
                States in the manner and form in which birth records 
                are stored and in how birth certificate copies are 
                produced from such records.
            ``(2) Limitation on issuance.--(A) If one or more of the 
        conditions described in subparagraph (B) is present, no State 
        or local government agency may issue an official copy of a 
        birth certificate pertaining to an individual unless the copy 
        prominently notes that such individual is deceased.
            ``(B) The conditions described in this subparagraph 
        include--
                    ``(i) the presence on the original birth 
                certificate of a notation that the individual is 
                deceased, or
                    ``(ii) actual knowledge by the issuing agency that 
                the individual is deceased obtained through information 
                provided by the Social Security Administration, by an 
                interstate system of birth-death matching, or 
                otherwise.
            ``(3) Grants to states.--(A)(i) The Secretary of Health and 
        Human Services, in consultation with other agencies designated 
        by the President, shall establish a fund, administered through 
        the National Center for Health Statistics, to provide grants to 
the States to encourage them to develop the capability to match birth 
and death records, within each State and among the States, and to note 
the fact of death on the birth certificates of deceased persons. In 
developing the capability described in the preceding sentence, States 
shall focus first on persons who were born after 1950.
            ``(ii) Such grants shall be provided in proportion to 
        population and in an amount needed to provide a substantial 
        incentive for the States to develop such capability.
            ``(B) The Secretary of Health and Human Services shall 
        establish a fund, administered through the National Center for 
        Health Statistics, to provide grants to the States for a 
        project in each of 5 States to demonstrate the feasibility of a 
        system by which each such State's office of vital statistics 
        would be provided, within 24 hours, sufficient information to 
        establish the fact of death of every individual dying in such 
        State.
            ``(C) There are authorized to be appropriated to the 
        Department of Health and Human Services such amounts as may be 
        necessary to provide the grants described in subparagraphs (A) 
        and (B).
            ``(4) Report.--(A) Not later than one year after the date 
        of the enactment of this Act, the Secretary of Health and Human 
        Services shall submit a report to the Congress on ways to 
        reduce the fraudulent obtaining and the fraudulent use of birth 
        certificates, including any such use to obtain a social 
        security account number or a State or Federal document related 
        to identification or immigration.
            ``(B) Not later than one year after the date of enactment 
        of this Act, the agency designated by the President in 
        paragraph (1)(B) shall submit a report setting forth, and 
        explaining, the regulations described in such paragraph.
            ``(C) There are authorized to be appropriated to the 
        Department of Health and Human Services such amounts as may be 
        necessary for the preparation of the report described in 
        subparagraph (A).
            ``(5) Certificate of birth.--As used in this section, the 
        term `birth certificate' means a certificate of birth of--
                    ``(A) a person born in the United States, or
                    ``(B) a person born abroad who is a citizen or 
                national of the United States at birth, whose birth is 
                registered in the United States.
            ``(6) Effective dates.--
                    ``(A) Except as otherwise provided in subparagraph 
                (B) and in paragraph (4), this subsection shall take 
                effect two years after the enactment of the Border 
                Enforcement and Revolving Employment to Assist Laborers 
                Act of 2003.
                    ``(B) Paragraph (1)(A) shall take effect two years 
                after the submission of the report described in 
                paragraph (4)(B).''.

        Subtitle B--Removing the Incentives to Illegal Migration

SEC. 141. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS AND ELIMINATION 
              OF EXAMINATION OF DOCUMENTATION REQUIREMENT.

    (a) In General.--Section 274A (8 U.S.C. 1324a) is amended--
            (1) in subsection (a)(1)(A), by striking ``for a fee'';
            (2) in subsection (a)(3)--
                    (A) by inserting ``(A)'' after
                ``Defense.--''; and
                    (B) by adding at the end the following:
            ``(B) Failure to seek and obtain verification.--In the case 
        of a hiring of an individual for employment in the United 
        States by a person or entity, the following requirements apply:
                    ``(i) Failure to seek verification.--
                            ``(I) In general.--If the person or entity 
                        has not made an inquiry, under the mechanism 
                        established under subsection (b)(4), seeking 
                        verification of the identity, social security 
                        number, and work eligibility of the individual, 
                        by not later than the end of 3 working days (as 
                        specified by the Secretary of Homeland 
                        Security) after the date of the hiring, the 
                        defense under subparagraph (A) shall not be 
                        considered to apply with respect to any 
                        employment after such 3 working days, except as 
                        provided in subclause (II).
                            ``(II) Special rule for failure of 
                        verification mechanism.--If such a person or 
                        entity in good faith attempts to make an 
                        inquiry during such 3 working days in order to 
                        qualify for the defense under subparagraph (A) 
                        and the verification mechanism has registered 
                        that not all inquiries were responded to during 
                        such time, the person or entity can make an 
                        inquiry until the end of the first subsequent 
                        working day in which the verification mechanism 
                        registers no nonresponses and qualify for such 
                        defense.
                    ``(ii) Failure to obtain verification.--If the 
                person or entity has made the inquiry described in 
                clause (i)(I) but has not received an appropriate 
                verification of such identity, number, and work 
                eligibility under such mechanism within the time period 
                specified under subsection (b)(4)(B) after the time the 
                verification inquiry was received, the defense under 
                subparagraph (A) shall not be considered to apply with 
                respect to any employment after the end of such time 
                period.'';
            (3) in subsection (b)(1)--
                    (A) by amending the paragraph heading to read as 
                follows:
            ``(1) Attestation.--''; and
                    (B) by amending subparagraph (A) to read as 
                follows:
                    ``(A) In general.--The person or entity must 
                attest, under penalty of perjury and on a form 
                designated or established by the Secretary of Homeland 
                Security by regulation, that it has verified that the 
individual is not an unauthorized alien by obtaining from the 
individual the individual's social security account number and 
recording the number on the form (if the individual claims to have been 
issued such a number), and, if the individual does not attest to United 
States citizenship under paragraph (2), obtaining such identification 
or authorization number established by the Department of Homeland 
Security for the alien as the Secretary may specify, and recording such 
number on the form.'';
            (4) in subsection (b)(2), by adding at the end the 
        following: ``The individual must also provide that individual's 
        social security account number (if the individual claims to 
        have been issued such a number), and, if the individual does 
        not attest to United States citizenship under this paragraph, 
        such identification or authorization number established by the 
        Department of Homeland Security for the alien as the Secretary 
        of Homeland Security may specify.''; and
            (5) by amending subsection (b)(3) to read as follows:
            ``(3) Retention of verification form and verification.--
                    ``(A) In general.--After completion of such form in 
                accordance with paragraphs (1) and (2), the person or 
                entity must--
                            ``(i) retain the form and make it available 
                        for inspection by officers of the Department of 
                        Homeland Security, the Special Counsel for 
                        Immigration-Related Unfair Employment 
                        Practices, or the Department of Labor during a 
                        period beginning on the date of the hiring, 
                        recruiting, or referral of the individual and 
                        ending--
                                    ``(I) in the case of the recruiting 
                                or referral for a fee (without hiring) 
                                of an individual, three years after the 
                                date of the recruiting or referral; and
                                    ``(II) in the case of the hiring of 
                                an individual, the later of--
                                            ``(aa) three years after 
                                        the date of such hiring; or
                                            ``(bb) one year after the 
                                        date the individual's 
                                        employment is terminated; and
                            ``(ii) make an inquiry, as provided in 
                        paragraph (4), using the verification system to 
                        seek verification of the identity and 
                        employment eligibility of an individual, by not 
                        later than the end of 3 working days (as 
                        specified by the Secretary of Homeland 
                        Security) after the date of the hiring (or 
                        recruitment or referral, as the case may be).
                    ``(B) Verification.--
                            ``(i) Verification received.--If the person 
                        or other entity receives an appropriate 
                        verification of an individual's identity and 
                        work eligibility under the verification system 
                        within the time period specified, the person or 
                        entity shall record on the form an appropriate 
                        code that is provided under the system and that 
                        indicates a final verification of such identity 
                        and work eligibility of the individual.
                            ``(ii) Tentative nonverification 
                        received.--If the person or other entity 
                        receives a tentative nonverification of an 
                        individual's identity or work eligibility under 
                        the verification system within the time period 
                        specified, the person or entity shall so inform 
                        the individual for whom the verification is 
                        sought. If the individual does not contest the 
                        nonverification within the time period 
                        specified, the nonverification shall be 
                        considered final. The person or entity shall 
                        then record on the form an appropriate code 
                        which has been provided under the system to 
                        indicate a tentative nonverification. If the 
                        individual does contest the nonverification, 
                        the individual shall utilize the process for 
                        secondary verification provided under paragraph 
                        (4). The nonverification will remain tentative 
                        until a final verification or nonverification 
                        is provided by the verification system within 
                        the time period specified. In no case shall an 
                        employer terminate employment of an individual 
                        because of a failure of the individual to have 
                        identity and work eligibility confirmed under 
                        this section until a nonverification becomes 
                        final. Nothing in this clause shall apply to a 
                        termination of employment for any reason other 
                        than because of such a failure.
                            ``(iii) Final verification or 
                        nonverification received.--If a final 
                        verification or nonverification is provided by 
                        the verification system regarding an 
                        individual, the person or entity shall record 
                        on the form an appropriate code that is 
                        provided under the system and that indicates a 
                        verification or nonverification of identity and 
                        work eligibility of the individual.
                            ``(iv) Extension of time.--If the person or 
                        other entity in good faith attempts to make an 
                        inquiry during such 3 working days and the 
                        verification system has registered that not all 
                        inquiries were received during such time, the 
                        person or entity may make an inquiry in the 
                        first subsequent working day in which the 
                        verification system registers that it has 
                        received all inquiries. If the verification 
                        system cannot receive inquiries at all times 
                        during a day, the person or entity merely has 
                        to assert that the entity attempted to make the 
                        inquiry on that day for the previous sentence 
                        to apply to such an inquiry, and does not have 
to provide any additional proof concerning such inquiry.
                            ``(v) Consequences of nonverification.--If 
                        the person or other entity has received a final 
                        nonverification regarding an individual, the 
                        person or entity shall terminate employment (or 
                        recruitment or referral) of the individual.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect 2 years after the date of the enactment of this Act. 
Retention of form requirements under section 274A(b)(3) of the 
Immigration and Nationality Act, as in effect before such effective 
date, shall remain in effect as if this section had not been enacted 
for forms completed before such effective date.

SEC. 142. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

    (a) In General.--Section 274A(b)(4) (8 U.S.C. 1324a(b)(4)) is 
amended to read as follows:
            ``(4) Employment eligibility verification system.--
                    ``(A) In general.--The Secretary of Homeland 
                Security shall establish a verification system through 
                which the Secretary (or a designee of the Secretary, 
                which may be a nongovernmental entity)--
                            ``(i) responds to inquiries made by persons 
                        at any time through a toll-free telephone line 
                        or other toll-free electronic media concerning 
                        an individual's identity and whether the 
                        individual is authorized to be employed; and
                            ``(ii) maintains records of the inquiries 
                        that were made, of verifications provided (or 
                        not provided), and of the codes provided to 
                        inquirers as evidence of their compliance with 
                        their obligations under this section.
                To the extent practicable, the Secretary shall seek to 
                establish such a system using one or more 
                nongovernmental entities.
                    ``(B) Initial response.--The verification system 
                shall provide verification or a tentative 
                nonverification of an individual's identity and 
                employment eligibility within 3 working days of the 
                initial inquiry. If providing verification or tentative 
                nonverification, the verification system shall provide 
                an appropriate code indicating such verification or 
                such nonverification.
                    ``(C) Secondary verification process in case of 
                tentative nonverification.--In cases of tentative 
                nonverification, the Secretary of Homeland Security 
                shall specify, in consultation with the Commissioner of 
                Social Security, an available secondary verification 
                process to confirm the validity of information provided 
                and to provide a final verification or nonverification 
                within 7 working days after the date of the tentative 
                nonverification. When final verification or 
                nonverification is provided, the verification system 
                shall provide an appropriate code indicating such 
                verification or nonverification.
                    ``(D) Design and operation of system.--The 
                verification system shall be designed and operated--
                            ``(i) to maximize its reliability and ease 
                        of use by persons and other entities consistent 
                        with insulating and protecting the privacy and 
                        security of the underlying information;
                            ``(ii) to respond to all inquiries made by 
                        such persons and entities on whether 
                        individuals are authorized to be employed and 
                        to register all times when such inquiries are 
                        not received;
                            ``(iii) with appropriate administrative, 
                        technical, and physical safeguards to prevent 
                        unauthorized disclosure of personal 
                        information; and
                            ``(iv) to have reasonable safeguards 
                        against the system's resulting in unlawful 
                        discriminatory practices based on national 
                        origin or citizenship status, including--
                                    ``(I) the selective or unauthorized 
                                use of the system to verify 
                                eligibility;
                                    ``(II) the use of the system prior 
                                to an offer of employment; or
                                    ``(III) the exclusion of certain 
                                individuals from consideration for 
                                employment as a result of a perceived 
                                likelihood that additional verification 
                                will be required, beyond what is 
                                required for most job applicants.
                    ``(E) Responsibilities of the commissioner of 
                social security.--As part of the verification system, 
                the Commissioner of Social Security, in consultation 
                with the entity responsible for administration of the 
                system, shall establish a reliable, secure method, 
                which, within the time periods specified under 
                subparagraphs (B) and (C), verifies, for each 
                individual whose identity and employment eligibility 
                must be confirmed under this section, the individual's 
                name and social security account number, the 
                correspondence of the name and number, and whether the 
                social security number presented is valid for 
                employment. The Commissioner shall not disclose or 
                release social security information (other than such 
                verification or nonverification). If, in carrying out 
                this subparagraph, the Commissioner becomes aware of a 
                suspicious pattern of use of a social security account 
                number, the Commissioner shall investigate such 
                suspicious pattern, or shall notify the Secretary of 
                Homeland Security of it. Nothing in the Social Security 
                Act or any other provision of law shall be construed to 
                prevent the Commissioner from so notifying the 
                Secretary. Upon receipt of such notification, the 
                Secretary shall investigate in lieu of the 
                Commissioner.
                    ``(F) Responsibilities of the secretary of homeland 
                security.--As part of the verification system, the 
                Secretary of Homeland Security, in consultation with 
                the entity responsible for administration of the 
                system, shall establish a reliable, secure method, 
                which, within the time periods specified under 
                subparagraphs (B) and (C), compares the name and alien 
                identification or authorization number which are 
                provided in an inquiry against such information 
                maintained by the Secretary in order to validate (or 
                not validate) the information provided, the 
                correspondence of the name and number, and whether the 
                alien is authorized to be employed in the United 
                States.
                    ``(G) Updating information.--The Commissioner of 
                Social Security and the Secretary of Homeland Security 
                shall update their information in a manner that 
                promotes the maximum accuracy and shall provide a 
                process for the prompt correction of erroneous 
                information, including instances in which it is brought 
                to their attention in the secondary verification 
                process described in subparagraph (C).
                    ``(H) Limitation on use of the verification system 
                and any related systems.--Nothing in this paragraph 
                shall be construed to authorize, directly or 
                indirectly, the issuance or use of national 
identification cards or the establishment of a national identification 
card.
                    ``(I) Federal tort claims act.--If an individual 
                alleges that the individual would not have been 
                dismissed from a job but for an error of the 
                verification mechanism, the individual may seek 
                compensation only through the mechanism of the Federal 
                Tort Claims Act, and injunctive relief to correct such 
                error. No class action may be brought under this 
                subparagraph.
                    ``(J) Protection from liability for actions taken 
                on the basis of information.--No person or entity shall 
                be civilly or criminally liable for any action taken in 
                good faith reliance on information provided through the 
                employment eligibility verification mechanism 
                established under this paragraph.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 2 years after the date of the enactment of this Act.

SEC. 143. ADJUSTMENT OF STATUS APPLICATIONS.

    Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) 
is amended--
            (1) by striking subsections (a) through (i) and subsection 
        (k);
            (2) by redesignating subsections (j), (l) and (m) as 
        subsections (b), (c) and (d), respectively; and
            (3) by inserting before subsection (b) (as so redesignated) 
        the following:
``(a) Except as provided in subsection (b), (c), or (d), no alien 
inspected and admitted to the United States on a nonimmigrant visa or 
who entered the United States without inspection may seek to adjust his 
status to that of an alien lawfully admitted for permanent residence 
while the alien is physically present in the United States.''.

SEC. 144. REVOCATION OF TEMPORARY STATUS.

    (a) Termination of Asylum.--Section 208(c)(2) of the Immigration 
and Nationality Act (8 U.S.C. 1158(c)(2)) is amended by striking ``may 
be terminated if the Attorney General'' and inserting ``shall be 
terminated if the Secretary of Homeland Security''.
    (b) Aliens Eligible for Temporary Protected Status.--Section 244(c) 
of the Immigration and Nationality Act (8 U.S.C. 1254a(c)) is amended--
            (1) in subparagraph (3)--
                    (A) by striking ``except as provided in paragraph 
                (4) and permitted in subsection (f)(3),''; and
                    (B) by inserting before the comma at the end ``, 
                except where a brief trip abroad is required by 
                emergency and authorized prior to the alien's travel by 
                the Secretary of Homeland Security or is due to 
                extenuating circumstances outside the control of the 
                alien''; and
            (2) by striking paragraph (4) and redesignating paragraphs 
        (5) and (6) as paragraphs (4) and (5), respectively.
    (c) Benefits and Status During Period of Temporary Protected 
Status.--Section 244(f) of the Immigration and Nationality Act (8 
U.S.C. 1254a(f)) is amended--
            (1) by adding ``and'' at the end of paragraph (2);
            (2) by striking paragraph (3); and
            (3) by redesignating paragraph (4) as paragraph (5).

SEC. 145. REPEAL OF AMNESTY PROVISION.

    (a) In General.--Section 249 of the Immigration and Nationality Act 
(8 U.S.C. 1259) is repealed.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act is amended by striking the item relating to section 
249.

SEC. 146. PROHIBITION ON ISSUANCE OF INDIVIDUAL TAXPAYER IDENTIFICATION 
              NUMBER TO ALIENS UNLAWFULLY PRESENT.

    Section 6109(c) of the Internal Revenue Code of 1986 (26 U.S.C. 
6109(c)) is amended--
            (1) by inserting ``(1)'' before ``For purposes of this 
        section,''; and
            (2) by adding at the end the following:
            ``(2) the Secretary is required to verify with the Bureau 
        of Citizenship and Immigration Services that the applicant for 
        any identifying number, other than a Social Security account 
        number, to be assigned by the Secretary is lawfully present in 
        the United States.''.

           TITLE II--REVOLVING EMPLOYMENT TO ASSIST LABORERS

           Subtitle A--Prerequisites to Guest Worker Program

SEC. 201. CERTIFICATIONS.

    (a) Secretary of Homeland Security.--Prior to the implementation of 
the program described in subtitle B, the Secretary of Homeland 
Security, in consultation with the Attorney General and the Secretary 
of State, shall certify to the Congress the following:
            (1) The integrated entry and exit data system required 
        under section 110 of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) and 
        section 302 of the Enhanced Border Security and Visa Entry 
        Reform Act of 2002 (8 U.S.C. 1731) is fully implemented and 
        functional, all ports of entry have functional biometric 
        machine readers, and the entry into and departure from the 
        United States of all noncitizens is recorded.
            (2) All noncitizens already in the United States legally, 
        and all aliens authorized to enter the United States, have been 
        issued biometric, machine-readable travel or entry documents, 
        as required by section 303 of the Enhanced Border Security and 
        Visa Entry Reform Act of 2002 (8 U.S.C. 1732).
            (3) Neither immigrant nor nonimmigrant visas are issued to 
        nationals of foreign states that refuse to permit the return of 
        their nationals who are ordered removed from the United States.
            (4) The electronic employment eligibility verification 
        system described in section 274A(b)(4) of the Immigration and 
        Nationality Act (as amended by section 142 of this Act) is 
        fully implemented and functional and all employers in the 
        United States have access to the system.
            (5) All 20,000 of the Border Patrol agents authorized in 
        section 103 have been trained and deployed, or, if the number 
        of full time Border Patrol agents is less than 20,000, that 
        United States military personnel are deployed to support the 
        Border Patrol in such numbers as to bring the number of full-
        time border enforcement personnel in the field to 20,000.
            (6) The Chimera system required under section 202(a)(2) of 
        the Enhanced Border Security and Visa Entry Reform Act of 2002 
        (8 U.S.C, 1722(a)(2)) is fully implemented and functional and 
        includes digital fingerprints and photographs of all aliens 
        granted admission to the United States and all aliens ordered 
        removed or granted voluntary departure from the United States.
            (7) All databases maintained by the Bureaus of Citizenship 
        and Immigration Services, Customs and Border Protection, and 
        Immigration and Customs Enforcement that contain information on 
        noncitizens are interoperable and compatible with the Chimera 
        system.
            (8) The number of alien absconders in the United States is 
        fewer than 1,000.
            (9) Section 287(g) of the Immigration and Nationality Act 
        (8 U.S.C. 1357(g)) has been fully implemented and Bureau of 
        Immigration and Customs Enforcement employees respond to every 
        request by State or local law enforcement authorities to pick 
        up illegal aliens located by those authorities.
            (10) Bureau of Immigration and Customs Enforcement agents 
        are performing random worksite inspections of at least 2 
        percent of United States businesses annually, and that such 
        inspections focus primarily on industries that tend to hire 
        illegal aliens.
            (11) The number of aliens who overstay nonimmigrant visas, 
        but are not removed from the United States, is fewer than 
        5,000.
    (b) Administrator of Environmental Protection Agency.--Prior to the 
implementation of the program described in subtitle B, the 
Administrator of the Environmental Protection Agency shall certify to 
the Congress that neither current levels of illegal immigration, nor 
the guest worker program established in subtitle B, will significantly 
affect the quality of the human environment (as such term is used in 
section 102(C) of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(C))) in the United States.

                  Subtitle B--The Guest Worker Program

SEC. 210. NEW NONIMMIGRANT WORKER CATEGORY.

    (a) In General.--Section 101(a)(15)(H) of the Immigration and 
Nationality Act is amended to read as follows:
            ``(H) an alien having a residence in a foreign country 
        which the alien has no intention of abandoning who is coming 
        temporarily to the United States to perform skilled or 
        unskilled work for which qualified and lawfully present workers 
        are not available in the United States, and with respect to 
        whom the Secretary of Labor determines and certifies to the 
        Secretary of Homeland Security that the intending employer has 
        filed with the Secretary an application under section 
        212(n)(1);''.
    (b) Admission of Nonimmigrants.--Section 214(g) of the Immigration 
and Nationality Act (8 U.S.C. 1184(g)) is amended to read as follows:
    ``(g)(1) In the case of a nonimmigrant described in section 
101(a)(15)(H), the period of authorized admission as such a 
nonimmigrant may not exceed 365 days during a 2-year period. Such visas 
may be renewed upon expiration of such 2-year period.
    ``(2) Such a nonimmigrant may not be permitted to change or adjust 
to any other immigrant or nonimmigrant classification or status.
    ``(3) The alien spouse and children of such a nonimmigrant may not, 
under section 101(a)(15)(H), accompany or follow to join the 
nonimmigrant.''.

SEC. 211. INTERNET-BASED JOB POSTING SYSTEM.

    (a) In General.--The Secretary of Labor shall create an Internet-
based job posting system to which all State employment agencies and all 
United States businesses are able to acquire password-protected access 
to permit direct posting of job openings throughout the United States.
    (b) Use of Employer Identification Number.--The system shall use 
the employer identification number to identify an employer and to track 
use of the system.
    (c) Resumes of Citizens and Resident Aliens.--Each resume submitted 
electronically by a United States citizen, or an alien lawfully 
residing in the United States, with respect to a posted job shall 
include the employer's employer identification number. An electronic 
copy of each such resume shall be sent to the Department of Labor, in 
addition to the copy that is sent directly to the employer.
    (d) Maintenance of Data.--All job announcements posted on the 
system shall be maintained in archives that include the date of the 
initial posting, the number of resumes sent in response to the 
announcement, the date on which the position was filled, and whether it 
was filled by a United States citizen, an alien lawfully admitted to 
the United States for permanent residence, an alien otherwise lawfully 
residing in the United States, a nonimmigrant described in section 
101(a)(15)(H) of the Immigration and Nationality Act (as amended by 
section 210 of this Act), or another individual. This data shall be 
updated in real time and shall be available to the public in a 
searchable format.
    (e) Use of Data.--The Secretary of Labor may use posted job 
announcements, and any resumes submitted through the job posting 
system, as evidence of compliance or noncompliance by employers using 
the system to ensure that employers do not hire nonimmigrants described 
in section 101(a)(15)(H) of the Immigration and Nationality Act (as 
amended by section 210 of this Act) unless qualified and lawfully 
present workers are not available in the United States.
    (f) Reports; Cessation of Labor Certifications Based on 
Unemployment Rate.--The Secretary of Labor shall publish a quarterly 
report, utilizing the data included in the job posting system, 
indicating the percentage of new hires, by occupation and geographic 
region (as defined by the Secretary), who are nonimmigrants described 
in section 101(a)(15)(H) of the Immigration and Nationality Act (as 
amended by section 210 of this Act) and the unemployment rate by 
occupation and geographic region. If the unemployment rate rises above 
5 percent in a particular occupational category in a geographic region 
in which more than 15 percent of new hires are such nonimmigrants, no 
applications under section 212(n)(1) of such Act (as amended by section 
212(g) of this Act) for such nonimmigrants for that occupation and 
region shall be approved until the unemployment rate falls below five 
percent. The Secretary shall reassess the prevailing wage for that 
occupation in that geographic area to ensure that it reflects changed 
market conditions prior to resuming approvals of such applications, and 
all new applications must reflect the revised prevailing wage.
    (g) Effective Date.--This section shall take effect on the date on 
which the certifications required under section 201 are made.

SEC. 212. REQUIREMENTS FOR PROSPECTIVE EMPLOYERS OF H NONIMMIGRANTS.

    (a) In General.--An employer seeking to hire a nonimmigrant 
described in section 101(a)(15)(H) of the Immigration and Nationality 
Act (as amended by section 210 of this Act) shall post an announcement 
of the job for which the alien is sought on the Internet-based job bank 
described in section 211.
    (b) Fee.--Such an employer shall pay a fee of $10 per announcement 
posted. Such fees shall be placed by the Secretary of Labor in a fund 
to be established and used to maintain the Internet-based job bank 
described in section 211. Any amounts from such fund not used for 
system maintenance shall be used to investigate abuses by employers of 
the authority to hire a nonimmigrant described in section 101(a)(15)(H) 
of the Immigration and Nationality Act (as amended by section 210 of 
this Act).
    (c) Announcement Contents.--Each announcement shall list, at a 
minimum, the following:
            (1) The employer identification number.
            (2) The name, contact information, and description of the 
        employer.
            (3) A description of the job.
            (4) A description of all specific skills or experience 
        required to perform the job.
            (5) The wage rate or salary being offered for the job, 
        which shall be at least 100 percent of the prevailing wage rate 
        for the occupation, as determined by the ``Occupational 
        Employment Survey'' of the Bureau of Labor Statistics.
            (6) The benefits package being offered for the job.
    (d) Minimum Posting Period.--Each announcement shall be posted for 
a minimum period of 14 days before an employer may seek authorization 
to hire a nonimmigrant described in section 101(a)(15)(H) of the 
Immigration and Nationality Act (as amended by section 210 of this 
Act).
    (e) Required Escrow of Return Transportation Costs.--An employer of 
a nonimmigrant described in section 101(a)(15)(H) of the Immigration 
and Nationality Act (as amended by section 210 of this Act) shall place 
into an escrow account at the time of hiring sufficient funds to 
transport the nonimmigrant back to the home country when the job ends 
or when the period of authorized admission as such a nonimmigrant 
expires.
    (f) Required Provision of Health Insurance.--An employer of a 
nonimmigrant described in section 101(a)(15)(H) of the Immigration and 
Nationality Act (as amended by section 210 of this Act) shall provide 
such nonimmigrant with health insurance that meets existing minimum 
Federal and State requirements, as applicable.
    (g) Amendments to Immigration and Nationality Act.--Section 212(n) 
of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended as 
follows:
            (1) By striking ``H-1B nonimmigrants'' each place such term 
        appears and inserting ``H nonimmigrants''.
            (2) In paragraph (1), by adding at the end the following:
            ``(H) The employer has not laid off or fired (except for 
        cause) any United States citizen or legally resident alien 
        worker performing the announced job or an equivalent job in the 
        6 months immediately preceding the date of application and that 
        the employer will not lay off or fire (except for cause) any 
        such worker in the 6 months immediately following the date of 
        application. If the employer, due to unforeseen financial or 
        economic circumstances, must lay off a United States citizen or 
        legally resident alien worker during the 6 months following 
        application for an H nonimmigrant, the employer will terminate 
        the H nonimmigrant prior to laying off a United States citizen 
        or legally resident alien worker performing an equivalent 
        job.''.
            (3) In paragraph (1)(A)(i)(II), by striking ``, and'' and 
        inserting ``, as determined by the Occupational Employment 
        Survey of the Bureau of Labor Statistics, and''.
            (4) In paragraph (1)(G)(I)--
                    (A) by striking, ``(G)(i) In the case of an 
                application described in subparagraph (E)(ii), subject 
                to clause (ii), the'' and inserting ``(G) The''; and
                    (B) by striking clause (ii).
            (5) In paragraph (2)(C)--
                    (A) in clause (i)(I), by striking ``$1,000'' and 
                inserting ``$2,000'';
                    (B) in clause (ii)(I), by striking ``$5,000'' and 
                inserting ``$10,000'';
                    (C) in clause (iii)(I), by striking ``$35,000'' and 
                inserting ``$70,000''; and
                    (D) in clause (vi)(III), by striking ``$1,000'' and 
                inserting ``$2,000''.
            (6) In paragraph (5)(E)(i), by striking ``$5,000'' and 
        inserting ``$10,000''.
            (7) By striking--
                    (A) the final sentence of paragraph (1)(E)(ii);
                    (B) ``exempt'' in paragraph (2)(E);
                    (C) paragraph (3)(B); and
                    (D) in paragraph (3)(C), ``subparagraph (A)--'' 
                through ``(ii)'' and inserting ``subparagraph (A),''.

SEC. 213. REQUIREMENTS FOR ALIENS APPLYING FOR H NONIMMIGRANT STATUS.

    (a) In General.--Section 214(g) of the Immigration and Nationality 
Act (8 U.S.C. 1184(g), as amended by section 210(b), is further amended 
by adding at the end the following:
    ``(4) Aliens applying for nonimmigrant status under section 
101(a)(15)(H) shall be physically present in the country of the alien's 
residence and shall apply at a United States embassy, consular office, 
or other designated State Department post.
    ``(5) Such aliens shall pay a visa processing fee in an amount 
determined under section 281.
    ``(6) Such aliens shall file an application that includes a listing 
of their education, job skills and prior employment history, along with 
supporting documentation and references.
    ``(7) Such aliens do not have to be applying for a specific job 
that is open, but rather shall apply to be added to a database of 
workers who are already processed and waiting for a job to open that 
matches their skills set. Aliens approved for such status shall remain 
in the foreign country of residence until such time as an employer is 
approved to hire such a worker and finds that a particular approved 
alien meets the needs of the particular job opening.
    ``(8) The Secretary of State shall verify that the education and 
work history provided by such an alien is accurate, prior to the 
alien's name being added to the database of approved prospective 
nonimmigrants under section 101(a)(15)(H).
    ``(9) Such aliens shall submit to fingerprinting and photographing 
by Department of State or Homeland Security personnel so that the data 
may be added to the Chimera system required under section 202(a)(2) of 
the Enhanced Border Security and Visa Entry Reform Act of 2002. Such 
identifying information shall be entered into the Chimera system before 
a nonimmigrant visa under section 101(a)(15)(H) may be issued. Such 
aliens shall undergo criminal background and health checks to ensure 
admissibility under section 212(a).
    ``(10) Any alien who violates a term or condition of the alien's 
admission as a nonimmigrant under section 101(a)(15)(H), including 
failure to leave the United States at the termination of the period of 
authorized admission, shall be barred from receiving any immigrant or 
nonimmigrant visa for a period of 10 years.
    ``(11) Aliens applying for nonimmigrant status under section 
101(a)(15)(H) shall sign a legally enforceable affidavit attesting that 
they--
                    ``(A) understand that they will not be permitted to 
                change or adjust to any other immigrant or nonimmigrant 
                classification or status while present in the United 
                States;
                    ``(B) waive eligibility for any Federal, State or 
                local non-emergency public assistance for which they 
                might otherwise be eligible during their tenure as such 
                a nonimmigrant; and
                    ``(C) understand the penalties for failing to abide 
                by the terms of their admission as such a nonimmigrant.
    ``(12) Aliens who apply for renewal of nonimmigrant status under 
section 101(a)(15)(H) shall undergo new criminal background and health 
checks before the renewal may be granted.''.
    (b) Special Rule on Citizenship at Birth for Children of H 
Nonimmigrants.--Notwithstanding title III of the Immigration and 
Nationality Act (8 U.S.C. 1401 et seq.), or any other law, a child born 
in the United States to a parent who is a nonimmigrant described in 
section 101(a)(15)(H) of the Immigration and Nationality Act (as 
amended by section 210 of this Act) shall not be a national or citizen 
of the United States at birth unless the other parent is a citizen of 
the United States or an alien lawfully admitted to the United States 
for permanent residence.

SEC. 214. DATABASE OF APPROVED PROSPECTIVE H NONIMMIGRANTS.

    Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 
1184(g), as amended by sections 210(b) and 213(a), is further amended 
by adding at the end the following:
    ``(13) The Secretary of Labor shall establish and maintain a 
database of all nonimmigrant visa applicants under section 
101(a)(15)(H) who are approved by the Department of State. Such 
database shall include all identifying information and all information 
regarding job skills and employment history, as collected by such 
Department. Once the Secretary of Labor approves an employer's 
application under section 212(n)(1), such Secretary shall make 
available to the employer a list of aliens who are available and 
approved by the Department of State to fill the open job position, as 
described in the announcement posted by the employer on the Internet-
based job posting system established under section 211 of the BE REAL 
Act of 2003. No employer shall have access to any information included 
in the database regarding such visa applicants until after such 
application is approved. The Secretary of State shall transmit to the 
Secretary of Labor all information regarding the identity, job skills, 
and employment history of an alien not later than 7 days after the date 
on which the Secretary of State determines that the alien has satisfied 
all the requirements established in paragraphs (4) through (12).''.

SEC. 215. EFFECTIVE DATE.

    Except as otherwise provided in this subtitle, this subtitle, and 
the amendments made by this subtitle, shall take effect 1 year after 
the date on which the certifications required by section 210 are made.
                                 <all>