[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3333 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3333

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 19, 2005

 Mr. Tancredo introduced the following bill; which was referred to the 
   Committee on the Judiciary, and in addition to the Committees on 
    Homeland Security, Education and the Workforce, Ways and Means, 
 International Relations, Energy and Commerce, and Government Reform, 
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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Rewarding 
Employers that Abide by the Law and Guaranteeing Uniform Enforcement to 
Stop Terrorism Act of 2005'' or the ``REAL GUEST Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
           TITLE I--REWARDING EMPLOYERS THAT ABIDE BY THE LAW

                    Subtitle A--Access; Opportunity

Sec. 101. H nonimmigrant worker category.
Sec. 102. Internet-based job posting system.
Sec. 103. Requirements for prospective employers of H nonimmigrants.
Sec. 104. Requirements for aliens seeking H nonimmigrant status.
Sec. 105. Database of approved prospective H nonimmigrants.
Sec. 106. Effective date.
                 Subtitle B--Requiring Lawful Migration

Sec. 111. Certifications.
      TITLE II--GUARANTEEING UNIFORM ENFORCEMENT TO STOP TERRORISM

                 Subtitle A--No Access; No Opportunity

Sec. 201. Sense of Congress that the military, when feasible, should 
                            conduct training exercises in supporting 
                            functions for the border patrol.
Sec. 202. Use of army and air force to secure the borders.
Sec. 203. Increase in full-time USCBP immigration inspectors.
Sec. 204. Increase in full-time USICE detention and removal officers.
Sec. 205. Functions of detention and removal officers.
Sec. 206. Increase in USICE criminal investigators for benefits fraud.
Sec. 207. Increase in attorneys for the USICE legal program.
Sec. 208. Suspension of visa waiver program.
Sec. 209. Civil and criminal penalties for unlawful presence.
Sec. 210. Listing of immigration violators in the National Crime 
                            Information Center Database.
Sec. 211. Civil and criminal penalties for document fraud, benefit 
                            fraud, and false claims of citizenship.
Sec. 212. Identification standard for Federal benefits.
Sec. 213. Fingerprinting of applicants for United States passports.
Sec. 214. Visa term compliance bonds.
Sec. 215. Release of aliens in removal proceedings.
Sec. 216. Detention of aliens delivered by bondsmen.
Sec. 217. Independent verification of birth records provided in support 
                            of applications for social security account 
                            numbers.
Sec. 218. Birth certificates.
Sec. 219. Maximum period of validity for State licenses and 
                            identification documents.
Sec. 220. Establishment of immigration and customs field office in 
                            Tulsa, Oklahoma.
                Subtitle B--Reversing Unlawful Migration

Sec. 221. Mandatory employment authorization verification.
Sec. 222. Employer sanctions.
Sec. 223. Limited duration social security account numbers for 
                            nonimmigrants.
Sec. 224. Mandatory notification of social security account number 
                            mismatches and multiple uses.
Sec. 225. No social security credit for work performed while unlawfully 
                            present.
Sec. 226. Reducing individual taxpayer identification number abuse.
Sec. 227. Limited eligibility for tax credits and refunds.
Sec. 228. Penalty for failure to file correct information returns.
Sec. 229. Adjustment of status.
Sec. 230. Revocation of temporary status.
Sec. 231. Repeal of amnesty provision.
Sec. 232. Penalties for violations of Federal immigration laws by 
                            States and localities.
Sec. 233. Clarification of inherent authority of State and local law 
                            enforcement.
Sec. 234. USICE response to requests for assistance from State and 
                            local law enforcement.
Sec. 235. Basic immigration enforcement training for State, local, and 
                            tribal law enforcement officers.
 TITLE III--REVISION OF FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH CARE 
                  SERVICES FURNISHED TO ILLEGAL ALIENS

Sec. 301. Revision of Federal reimbursement of emergency health care 
                            services furnished to illegal aliens.

           TITLE I--REWARDING EMPLOYERS THAT ABIDE BY THE LAW

                    Subtitle A--Access; Opportunity

SEC. 101. H NONIMMIGRANT WORKER CATEGORY.

    (a) In General.--Section 101(a)(15)(H) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)) 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 work for which 
        qualified and lawfully present workers are not available and 
        could not be trained in a period of less than one year, 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) Admission of H Nonimmigrants.--
            ``(1) In the case of a nonimmigrant described in section 
        101(a)(15)(H)--
                    ``(A) the period of authorized admission may not 
                exceed 365 days during any 2-year period and may be 
                renewed only upon expiration of each 2-year period;
                    ``(B) adjustment of status and change of status to 
                any other immigrant or nonimmigrant classification or 
                status are prohibited; and
                    ``(C) spouses and children may not accompany or 
                follow to join the principal aliens.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date on which the last of the certifications 
required under section 111 is made.

SEC. 102. INTERNET-BASED JOB POSTING SYSTEM.

    (a) In General.--The Secretary of Labor shall take any steps 
necessary to ensure that all State employment agencies and all 
employers in the United States are able to acquire secure, password-
protected access to the Internet-based job database provided jointly by 
the Department of Labor and State employment security agencies and 
known as ``America's Job Bank'' in order to permit the posting of job 
openings throughout the United States.
    (b) Use of Data.--The Secretary of Labor may use posted job 
announcements and resumes submitted through the job posting system to 
determine whether employers who petition for nonimmigrants described in 
section 101(a)(15)(H) of the Immigration and Nationality Act (as 
amended by section 101 of this Act) are complying with the law.
    (c) Reports; Cessation of Labor Certifications.--
            (1) Reports.--The Secretary of Labor shall publish 
        quarterly reports, utilizing the data included in the job 
        posting system, indicating unemployment and real wage trends by 
        occupational category and geographic region. The Secretary 
        shall make such reports available to the public on a timely 
        basis.
            (2) Cessation.--If compensation, including real wages, 
        benefits, and working conditions, in a particular occupational 
        category in a geographic region has been stagnant or in decline 
        for the 6-month period immediately preceding the filing of a 
        petition for an H nonimmigrant worker, the Secretary shall not 
        approve the petition until--
                    (A) compensation in that occupational category and 
                geographic region has increased each month for at least 
                6 months by an amount to be determined by the 
                Secretary; and
                    (B) the Secretary has reassessed the prevailing 
                wage for that occupational category and geographic 
                region to ensure that it reflects the rising real wage 
                levels.

SEC. 103. 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 101 of this Act) shall post an announcement 
of the job for which the nonimmigrant is sought on America's Job Bank.
    (b) Fee.--Employers shall be required to pay a user fee of $10 per 
worker sought through America's Job Bank. Such fees shall be placed by 
the Secretary of Labor in a fund to be used to maintain and improve 
America's Job Bank. Any amounts from such fund not used for system 
maintenance shall be used to investigate abuses of the H nonimmigrant 
program.
    (c) Announcement Contents.--Each job announcement posted pursuant 
to this section shall list, at a minimum, the following:
            (1) The name, contact information, and description of the 
        employer.
            (2) A description of the job and the minimum skills 
        necessary to perform it.
            (3) A description of any additional knowledge, skills, or 
        abilities that are preferred by the employer.
            (4) The wage rate or salary being offered for the job, 
        which shall be at least equal to the median national wage rate 
        for the occupation, as determined by the Occupational 
        Employment Statistics survey of the Bureau of Labor Statistics, 
        or the prevailing wage, whichever is greater.
            (5) The benefits package being offered for the job.
    (d) Minimum Posting Period.--Each announcement shall be posted for 
a minimum period of 14 days, including the 7 days that end one week 
before the job begins, before an employer may seek authorization to 
hire an H nonimmigrant.
    (e) Required Escrow of Return Transportation Costs.--An employer of 
an H nonimmigrant 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 
expires.
    (f) Amendments to Immigration and Nationality Act.--Section 212(n) 
of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended--
            (1) by striking ``H-1B nonimmigrants'' each place it 
        appears and inserting ``H nonimmigrants'';
            (2) in paragraph (1)--
                    (A) by amending clause (i) of subparagraph (A) to 
                read as follows:
                            ``(i) is offering and will offer during the 
                        period of authorized employment to aliens 
                        admitted or provided status as H nonimmigrants 
                        real wages equal to the median national wage 
                        rate for the occupation, as determined by the 
                        Occupational Employment Statistics survey of 
                        the Bureau of Labor Statistics, or the 
                        prevailing wage, whichever is greater.'';
                    (B) by striking subparagraph (E) and inserting the 
                following:
                    ``(E) The employer has not laid off or dismissed 
                (except for cause) any United States 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 dismiss (except for 
                cause) any such worker while employing the H 
                nonimmigrant worker. If the employer, due to unforeseen 
                financial or economic circumstances, must lay off a 
                United States worker, the employer shall terminate any 
                H nonimmigrants performing equivalent jobs prior to 
                laying off any United States workers.'';
                    (C) in subparagraph (F)--
                            (i) by striking ``In the case of'' and all 
                        that follows through ``, the'' and inserting 
                        ``The''; and
                            (ii) by striking ``regardless of whether'' 
                        and all that follows through ``employer)''; and
                    (D) by amending subparagraph (G) to read as 
                follows:
                    ``(G) The employer, prior to filing the 
                application--
                            ``(i) has complied with the job-posting 
                        requirements described in subsections (b), (c), 
                        and (d) to recruit United States workers for 
                        the job for which the nonimmigrant is or 
                        nonimmigrants are sought; and
                            ``(ii) has offered the job to any United 
                        States worker who applies and is equally or 
                        better qualified for such job.'';
            (3) in paragraph (2)(C)--
                    (A) in subclause (i)(I), by striking ``$1,000'' and 
                inserting ``$2,000'';
                    (B) in subclause (ii)(I), by striking ``$5,000'' 
                and inserting ``$10,000'';
                    (C) in subclause (iii)(I), by striking ``$35,000'' 
                and inserting ``$70,000''; and
                    (D) in subclause (vi)(III), by striking ``$1,000'' 
                and inserting ``$2,000'';
            (4) in clause (i) of paragraph (5)(E), by striking ``$1,000 
        per violation or $5,000'' and inserting ``$2,000 per violation 
        or $10,000'';
            (5) in paragraph (2)(E), by striking ``a nonexempt'' and 
        inserting ``an''; and
            (6) by striking paragraph (3) and redesignating paragraphs 
        (4) and (5) as paragraphs (3) and (4), respectively.
    (g) Effective Date.--This section (and the amendments made by this 
section) shall take effect 180 days after the date on which the last of 
the certifications required under section 111 is made.

SEC. 104. REQUIREMENTS FOR ALIENS SEEKING 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 101(b), is further 
amended by adding at the end the following:
            ``(2) Aliens seeking status under section 101(a)(15)(H) 
        shall--
                    ``(A) be physically present in the country of the 
                alien's residence and apply at a United States embassy, 
                consular office, or other designated State Department 
                post;
                    ``(B) pay a visa processing fee in an amount 
                determined under section 281;
                    ``(C) file an application that includes educational 
                attainment, job skills, and prior employment history, 
                along with supporting documentation and references;
                    ``(D) sign a legally enforceable affidavit 
                attesting that they--
                            ``(i) 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;
                            ``(ii) acknowledge that a child born to 
                        them during their stay in the United States 
                        will not be granted U.S. citizenship unless the 
                        other parent is a U.S. citizen or lawful 
                        permanent resident;
                            ``(iii) waive eligibility for any Federal, 
                        State, or local non-emergency public assistance 
                        for which they might otherwise be eligible 
                        during their tenure as an H nonimmigrant; and
                            ``(iv) understand the penalties for failing 
                        to abide by the terms of their admission as an 
                        H nonimmigrant;
                    ``(E) apply to be added to the database of 
                prescreened, available workers described in paragraph 
                (7), rather than applying for a particular, available 
                job;
                    ``(F) remain in the foreign country of residence 
                until such time as an employer receives authorization 
                to hire an H nonimmigrant and chooses that alien from 
                the database to fill the particular job opening; and
                    ``(G) submit to fingerprinting and photographing so 
                that the data may be added to the Chimera system, 
                required by the Enhanced Border Security and Visa Entry 
                Reform Act of 2002 (Public Law 107-173), and undergo 
                criminal background and health checks to ensure 
                admissibility under section 212(a).
            ``(3) The Secretary of State shall take reasonable steps to 
        verify that the education and work history provided by aliens 
        seeking H nonimmigrant status are accurate prior to adding such 
        aliens to the database described in paragraph (7).
            ``(4) Notwithstanding any prior criminal or terrorist 
        background checks performed, nonimmigrants described in section 
        101(a)(15)(H) who are selected by employers from the database 
        shall be checked against criminal and terrorist databases no 
        more than one week prior to admission to the United States. 
        Aliens who apply for renewal of nonimmigrant status under 
        section 101(a)(15)(H) shall undergo new criminal background and 
        health checks before renewal may be granted.
            ``(5)(A) Any alien who has been listed in the database 
        described in paragraph (7) for a continuous period of 24 months 
        without being selected by an employer shall be removed from the 
        database unless such alien submits an updated application to be 
        listed. The Secretary of State shall extend such alien's 
        listing for another 24 months, without additional cost to the 
        alien, if the updated application is timely, complete, and 
        accurate.
            ``(B) Any alien in the database who is selected by an 
        employer shall be removed from the database upon admission to 
        the United States to perform the work. Such alien may submit an 
        updated application to be relisted at the end of his or her 
        authorized stay in the United States if the application is 
        timely, complete, and accurate, and if the alien satisfied all 
        the terms of the H nonimmigrant visa.
            ``(6) An alien who violates a term or condition of the 
        alien's admission as an H nonimmigrant, including failure to 
        leave the United States upon the expiration of the period of 
        authorized admission, shall be barred from receiving any 
        immigrant or nonimmigrant visa for a period of 10 years.''.
    (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 101 of this Act) shall not be a national or citizen 
of the United States at birth unless the other parent is a citizen or 
lawful permanent resident of the United States.

SEC. 105. 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 101(b) and 104(a), is further amended 
by adding at the end the following:
            ``(7)(A) The Secretary of Labor shall establish and 
        maintain a database of all aliens approved for status under 
        section 101(a)(15)(H). Such database shall include all 
        information regarding each alien's job skills, education, and 
        employment history.
            ``(B) Once the Secretary approves an employer's petition 
        under section 212(n)(1), the Secretary shall make available to 
        the employer a list of the prescreened, available aliens who 
        may be able to fill the open job position, as described in the 
        announcement posted by the employer on America's Job Bank.
                    ``(i) The Secretary shall not provide the employer 
                with access to contact information, other than the 
                alien's name, about any alien listed in the database.
                    ``(ii) The Secretary shall ensure that no employer 
                is able to access any information in the database until 
                after such employer's labor condition application is 
                approved.
            ``(C) Once an employer selects one or more workers in the 
        database, the Secretary shall provide the employer with contact 
        information for the worker so the employer can make an offer of 
        employment. If the alien accepts the offer, the Secretary shall 
        issue the alien an H nonimmigrant visa within 3 days of such 
        acceptance.''.

SEC. 106. EFFECTIVE DATE.

    Except as otherwise provided, the provisions in this subtitle (and 
the amendments made by this subtitle) shall take effect on the date on 
which the last of the certifications required by section 111 is made.

                 Subtitle B--Requiring Lawful Migration

SEC. 111. CERTIFICATIONS.

    (a) Secretary of Homeland Security.--Prior to the implementation of 
the program described in subtitle A, 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 automated entry-exit control system required under 
        section 110 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1221 note), as amended, 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 and 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 being 
        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 EASI Check system described in section 221 of this 
        Act is fully implemented and functional and DHS has an 
        enforcement plan in place that targets U.S. employers based on 
        information from DHS, SSA, and IRS regarding the EASI-Check 
        system, mismatched SSNs, and incorrectly filed information 
        returns.
            (5) All of the additional Border Patrol agents authorized 
        under the Intelligence Reform and Terrorism Prevention Act of 
        2004 (Public Law 108-458) have been hired, trained, and 
        deployed and, if necessary, a sufficient number of United 
        States military personnel has been deployed to support the 
        Border Patrol so illegal entry has been reduced to the point 
        that it is estimated at a lower level than annual removals.
            (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 DHS databases containing information on noncitizens 
        and the National Crime Information Center database are 
        interoperable.
            (8) The absconder rate for aliens ordered removed from the 
        United States is less than five percent for the previous 12-
        month period.
            (9) Section 287(g) of the Immigration and Nationality Act 
        (8 U.S.C. 1357(g)) and sections 209, 232, and 233 of this Act 
        have been fully implemented and United States Immigration and 
        Customs Enforcement employees respond to every request for 
        assistance from State and local law enforcement authorities, 
        either by taking custody of illegal aliens located by those 
        authorities or by reimbursing those authorities for the costs 
        of detaining and transporting such aliens.
            (10) At least 80 percent of visa overstays are located and 
        removed within one year of overstaying.
    (b) Impact Study.--Prior to the implementation of the program 
described in subtitle A:
            (1) Study.--The Director of the Bureau of the Census, 
        jointly with the Secretaries of Agriculture, Education, Energy, 
        Health and Human Services, Homeland Security, Housing and Urban 
        Development, Interior, Justice, Labor, Transportation, and 
        Treasury and the Administrator of the Environmental Protection 
        Agency shall undertake a study examining the impacts on U.S. 
        infrastructure and quality of life of--
                    (A) current annual levels of immigrant and 
                nonimmigrant admissions;
                    (B) illegal immigration; and
                    (C) implementation of the program established in 
                subtitle A.
            (2) Report.--The Director of the Bureau of the Census shall 
        submit to Congress a report on the findings of the study 
        required in paragraph (1) of this subsection, including the 
        following information:
                    (A) An estimate of the total legal and illegal 
                alien populations of the United States, as they relate 
                to the total population.
                    (B) The projected impact of legal and illegal 
                immigration on the size of the population of the United 
                States over the next 50 years; the regions of the 
                country that are likely to experience the largest 
                increases; and the small towns and rural counties that 
                are likely to lose their character as a result of such 
                growth.
                    (C) The impact of the current and projected 
                foreign-born populations on the natural environment, 
                including the consumption of nonrenewable resources, 
                waste production, and disposal, the emission of 
                pollutants, and the loss of habitat and productive 
                farmland; an estimate of the public expenditures 
                required to maintain current standards in each of these 
                areas; and the degree to which current standards will 
                deteriorate if such expenditures are not forthcoming.
                    (D) The impact of the current and projected 
                foreign-born populations on employment and wage rates, 
                particularly in industries in which the foreign born 
                are concentrated; and an estimate of the associated 
                public costs.
                    (E) The impact of the current and projected 
                foreign-born populations on the need for additions and 
                improvements to the transportation infrastructure of 
                the United States; an estimate of the public 
                expenditures required to meet this need; and the impact 
                on Americans' mobility if such expenditures are not 
                forthcoming.
                    (F) The impact of the current and projected 
                foreign-born populations on enrollment, class size, 
                teacher-student ratios, and the quality of education in 
                public schools; an estimate of the public expenditures 
                required to maintain current median standards; and the 
                degree to which those standards will deteriorate if 
                such expenditures are not forthcoming.
                    (G) The impact of the current and projected 
                foreign-born populations on homeownership rates, 
                housing prices, and the demand for low-income and 
                subsidized housing; the public expenditures required to 
                maintain current median standards in these areas; and 
                the degree to which those standards will deteriorate if 
                such expenditures are not forthcoming.
                    (H) The impact of the current and projected 
                foreign-born populations on access to quality health 
                care and on the cost of health care and health 
                insurance; an estimate of the public expenditures 
                required to maintain current median standards; and the 
                degree to which those standards will deteriorate if 
                such expenditures are not forthcoming.
                    (I) The impact of the current and projected 
                foreign-born populations on the criminal justice system 
                in the United States; and an estimate of the associated 
                public costs.

      TITLE II--GUARANTEEING UNIFORM ENFORCEMENT TO STOP TERRORISM

                 Subtitle A--No Access; No Opportunity

SEC. 201. SENSE OF CONGRESS THAT THE MILITARY, WHEN FEASIBLE, SHOULD 
              CONDUCT TRAINING EXERCISES IN SUPPORTING FUNCTIONS FOR 
              THE BORDER PATROL.

    It is the sense of Congress that the President should deploy United 
States military troops, when feasible, to conduct training exercises in 
supporting functions for the border patrol.

SEC. 202. USE OF ARMY AND AIR FORCE TO SECURE THE BORDERS.

    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. 203. INCREASE IN FULL-TIME USCBP IMMIGRATION INSPECTORS.

    Subject to the availability of appropriations, the Secretary of 
Homeland Security shall increase by 2,000 above the number funded in 
fiscal year 2006 the number of full-time United States Customs and 
Border Protection immigration inspectors by the end of fiscal year 
2008. 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 an 
increase in inspectors.

SEC. 204. INCREASE IN FULL-TIME USICE DETENTION AND REMOVAL OFFICERS.

    Subject to the availability of appropriations, the Secretary of 
Homeland Security shall increase by 2,000 above the number funded in 
fiscal year 2006 the number of full-time United States Immigration and 
Customs Enforcement detention and removal officers by the end of the 
fiscal year 2008. There are authorized to be appropriated such sums as 
may be necessary for additional resources for support personnel and 
equipment for detention and removals to implement such increase in 
personnel.

SEC. 205. 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 aliens who have overstayed their 
visas, alien absconders, and aliens apprehended by State or local 
authorities.

SEC. 206. INCREASE IN USICE CRIMINAL INVESTIGATORS FOR BENEFITS FRAUD.

    Subject to the availability of appropriations, the Secretary of 
Homeland Security shall increase by 500 above the number funded in 
fiscal year 2006 the number of 1811-series criminal investigators to be 
assigned to the benefits fraud unit in the United States Immigration 
and Customs Enforcement to do benefits and false claims investigation 
by the end of fiscal year 2008. There are authorized to be appropriated 
such sums as may be necessary for related training and support.

SEC. 207. INCREASE IN ATTORNEYS FOR THE USICE LEGAL PROGRAM.

    Subject to the availability of appropriations, the Secretary of 
Homeland Security shall increase by 300 above the number funded in 
fiscal year 2006 the number of attorneys for the United States 
Immigration and Customs Enforcement Legal Program by the end of the 
fiscal year 2008. There are authorized to be appropriated such sums as 
may be necessary for related training and support.

SEC. 208. SUSPENSION OF VISA WAIVER PROGRAM.

    (a) Notwithstanding any other provision of law, the visa waiver 
program established under section 217 of the Immigration and 
Nationality Act is suspended until the Secretary of Homeland Security 
determines and certifies to the Congress that--
            (1) the automated entry-exit control system authorized 
        under section 110 of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note), as 
        amended, is fully implemented and functional;
            (2) all United States ports of entry have functional 
        biometric machine readers; and
            (3) all nonimmigrants, including Border Crossing Card 
        holders, are processed through the automated entry-exit system.
    (b) Subparagraph (B) of section 217(a)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1187(a)(3)) is repealed.

SEC. 209. CIVIL AND CRIMINAL PENALTIES FOR UNLAWFUL PRESENCE.

    (a) Aliens Unlawfully Present.--Title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after 
section 275 the following:

``criminal penalties and forfeiture for unlawful presence in the united 
                                 states

    ``Sec. 275A. (a) In addition to any other violation, an alien 
present in the United States in violation of this Act shall be guilty 
of a felony and shall be fined under title 18, United States Code, 
imprisoned not less than 1 year, or both. The assets of any alien 
present in the United States in violation of this Act shall be subject 
to forfeiture under title 18, United States Code.
    ``(b) It shall be an affirmative defense to a violation of 
subsection (a) that the alien overstayed the time allotted under the 
visa due to an exceptional and extremely unusual hardship or physical 
illness that prevented the alien from leaving the United States by the 
required date.''.
    (b) Increase in Criminal Penalties for Illegal Entry.--Section 
275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)) is 
amended by striking ``not more than 6 months,'' and inserting ``not 
less than 1 year,''.

SEC. 210. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME 
              INFORMATION CENTER DATABASE.

    (a) Provision of Information to the NCIC.--Not later than 180 days 
after the date of enactment of this Act, the Under Secretary for Border 
and Transportation Security of the Department of Homeland Security 
shall provide the National Crime Information Center of the Department 
of Justice with such information as the Director may have on any and 
all aliens against whom a final order of removal has been issued, any 
and all aliens who have signed a voluntary departure agreement, and any 
and all aliens who have overstayed their visa. Such information shall 
be provided to the National Crime Information Center regardless of 
whether or not the alien received notice of a final order of removal 
and even if the alien has already been removed.
    (b) Inclusion of Information in the NCIC Database.--Section 534(a) 
of title 28, United States Code, is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following:
            ``(4) acquire, collect, classify, and preserve records of 
        violations of the immigration laws of the United States, 
        regardless of whether or not the alien has received notice of 
        the violation and even if the alien has already been removed; 
        and''.
    (c) State and Local Law Enforcement Provision of Information About 
Apprehended Illegal Aliens.--
            (1) Provision of information.--
                    (A) In general.--In order to receive funds under 
                the State Criminal Alien Assistance Program described 
                in section 241(i) of the Immigration and Nationality 
                Act (8 U.S.C. 1231(i)), States and localities shall 
                provide to the Department of Homeland Security the 
                information listed in subsection (b) on each alien 
                apprehended in the jurisdiction of the State or 
                locality who is believed to be in violation of an 
                immigration law of the United States.
                    (B) Time limitation.--Not later than 10 days after 
                an alien described in paragraph (1) is apprehended, 
                information required to be provided under paragraph (1) 
                must be provided in such form and in such manner as the 
                Secretary of Homeland Security may, by regulation or 
                guideline, require.
            (2) Information required.--The information listed in this 
        subsection is as follows:
                    (A) The alien's name.
                    (B) The alien's address or place of residence.
                    (C) A physical description of the alien.
                    (D) The date, time, and location of the encounter 
                with the alien and reason for stopping, detaining, 
                apprehending, or arresting the alien.
                    (E) If applicable, the alien's driver's license 
                number and the State of issuance of such license.
                    (F) If applicable, the type of any other 
                identification document issued to the alien, any 
                designation number contained on the identification 
                document, and the issuing entity for the identification 
                document.
                    (G) If applicable, the license plate number, make, 
                and model of any automobile registered to, or driven 
                by, the alien.
                    (H) A photo of the alien, if available or readily 
                obtainable.
                    (I) The alien's fingerprints, if available or 
                readily obtainable.
            (3) Reimbursement.--The Department of Homeland Security 
        shall reimburse States and localities for all reasonable costs, 
        as determined by the Secretary of Homeland Security, incurred 
        by that State or locality as a result of providing information 
        required by this section.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated such sums as necessary to carry out this 
        Act.
    (d) Forgery of Federal Documents.--
            (1) In general.--Chapter 25 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 515. Federal records, documents, and writings, generally
    ``Any person who--
            ``(1) falsely makes, alters, forges, or counterfeits any 
        Federal record, Federal document, Federal writing, or record, 
        document or writing characterizing, or purporting to 
        characterize, official Federal activity, service, contract, 
        obligation, duty, property, or chose;
            ``(2) utters or publishes as true, or possesses with intent 
        to utter or publish as true, any record, document, or writing 
        described in paragraph (1), knowing, or negligently failing to 
        know, that such record, document or writing has not been 
        verified, has been inconclusively verified, is unable to be 
        verified, or is false, altered, forged, or counterfeited;
            ``(3) transmits to, or presents at any office, or to any 
        officer, of the United States, any records, document, or 
        writing described in paragraph (1), knowing, or negligently 
        failing to know, that such record, document or writing has not 
        been verified, has been inconclusively verified, in unable to 
        be verified, or is false, altered, forged, or counterfeited;
            ``(4) attempts, or conspires to commit, any of the acts 
        described in paragraphs (1) through (3); or
            ``(5) while outside of the United States, engages in any of 
        the acts described in paragraphs (1) through (3),
shall be fined under this title, imprisoned not more than 10 years, or 
both.''.
            (2) Clerical amendment.--The table of contents for chapter 
        25, of title 18, United States Code, is amended by inserting 
        after the item relating to section 415 the following:

``515. Federal records, documents, and writing, generally.''.

SEC. 211. CIVIL AND CRIMINAL PENALTIES FOR DOCUMENT FRAUD, BENEFIT 
              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''; and
                    (D) in paragraph (6), by striking ``one year'' and 
                inserting ``two years''.

SEC. 212. IDENTIFICATION STANDARD FOR FEDERAL BENEFITS.

    (a) Federal Agencies.--No department, agency, commission, other 
entity, or employee of the Federal Government may accept, recognize, or 
rely on (or authorize the acceptance or recognition of or reliance on) 
for the purpose of establishing identity any document except those 
described in subsection (c).
    (b) State and Local Agencies.--No department, agency, commission, 
other entity, or employee of a State or local government charged with 
providing or approving applications for public benefits or services 
funded in whole or in part with Federal funds may accept, recognize, or 
rely on (or authorize the acceptance or recognition of or reliance on) 
for the purpose of establishing identity any document except those 
described in subsection (c).
    (c) Documents Described.--Documents described in this subsection 
are limited to--
            (1)(A) Valid, unexpired United States passports, 
        immigration documents, and other identity documents issued by a 
        Federal authority.
            (B) Individual taxpayer identification numbers issued by 
        the Internal Revenue Service shall not be considered identity 
        documents for purposes of subparagraph (A).
            (2) Valid, unexpired identity documents issued by a State 
        or local authority if--
                    (A) the State or local authority statutorily bars 
                issuance of such identity documents to aliens 
                unlawfully present in the United States; and
                    (B) the State or local authority requires 
                independent verification of records provided by the 
                applicant in support of the application for such 
                identity documents.
            (3) Valid, unexpired foreign passports, if such passports 
        include or are accompanied by proof of lawful presence in the 
        United States.

SEC. 213. 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, 2008, 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. 214. 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 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.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
    (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 after the date of issue;
                    (B) at the expiration, cancellation, or surrender 
                of the visa; or
                    (C) immediately upon nonpayment of the premium.
            (3) Renewal.--A visa term compliance may be renewed 
        annually with payment of proper premium at the option of the 
        bail agent or surety, but only if there has been no breech of 
        conditions, default, claim, or forfeiture of the bond.
            (4) Cancellation.--A visa term compliance 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 
                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 a visa term compliance bond, the 
                surety or bail agent may surrender the principal, or 
                the principal may surrender, to any United States 
                Immigration and Customs Enforcement or 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 the Secretary;
                            (iii) conceals himself or herself;
                            (iv) fails to report to the 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 the 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 United States Immigration and 
                        Customs Enforcement or 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 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 the 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 213 of the 
                        REAL GUEST Act of 2005 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), the 
                        Secretary shall--
                                    (I) order that the bail agent and 
                                surety are completely exonerated, and 
                                the bond canceled and terminated; and
                                    (II) if the Secretary has issued an 
                                order under clause (i), the surety may 
                                request, by written, properly filed 
                                motion, reinstatement of the bond.
                        Subclause (II) may not be construed to prevent 
                        the 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--
                                            (AA) by the bond holder's 
                                        illness or death;
                                            (BB) because the bond 
                                        holder is detained in custody 
                                        in any city, State, country, or 
                                        political subdivision thereof;
                                            (CC) 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
                                            (DD) 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 clause (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 
                        such 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 such 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 such 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) Waiver.--The Secretary may waive the penalty 
                fees or extend the period for payment or both under 
                subparagraph (A), 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 the visa holder 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. 215. 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 the alien's 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. 216. 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 such date.

SEC. 217. INDEPENDENT VERIFICATION OF BIRTH RECORDS PROVIDED IN SUPPORT 
              OF APPLICATIONS FOR SOCIAL SECURITY ACCOUNT NUMBERS.

    (a) Applications for Social Security Account Numbers.--Section 
205(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 
405(c)(2)(B)(ii)) is amended
            (1) by inserting ``(I)'' after ``(ii)''; and
            (2) by adding at the end the following new subclause:
    ``(II) With respect to an application for a social security account 
number for an individual, other than for purposes of enumeration at 
birth, the Commissioner of Social Security shall require independent 
verification of any birth record provided by the applicant in support 
of the application.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to applications filed more than 180 days after the 
date of the enactment of this Act.

SEC. 218. BIRTH CERTIFICATES.

    (a) Applicability of Minimum Standards to Local Governments.--The 
minimum standards in this section applicable to birth certificates 
issued by a State shall also apply to birth certificates issued by a 
local government in the State. It shall be the responsibility of the 
State to ensure that local governments in the State comply with the 
minimum standards.
    (b) Minimum Standards for Federal Recognition.--
            (1) Minimum standards for federal use.--
                    (A) In general.--Beginning 3 years after the date 
                of the enactment of this Act, a Federal agency may not 
                accept, for any official purpose, a birth certificate 
                issued by a State to any person unless the State is 
                meeting the requirements of this section.
                    (B) State certifications.--The Secretary of 
                Homeland Security shall determine whether a State is 
                meeting the requirements of this section based on 
                certifications made by the State to the Secretary. Such 
                certifications shall be made at such times and in such 
                manner as the Secretary, in consultation with the 
                Secretary of Health and Human Services, may prescribe 
                by regulation.
            (2) Minimum document standards.--To meet the requirements 
        of this section, a State shall include, on each birth 
        certificate issued to a person by the State, the use of safety 
        paper, the seal of the issuing custodian of record, and such 
        other features as the Secretary of Homeland Security may 
        determine necessary to prevent tampering, counterfeiting, and 
        otherwise duplicating the birth certificate for fraudulent 
        purposes. The Secretary may not require a single design to 
        which birth certificates issued by all States must conform.
            (3) Minimum issuance standards.--
                    (A) In general.--To meet the requirements of this 
                section, a State shall require and verify the following 
                information from the requestor before issuing an 
                authenticated copy of a birth certificate:
                            (i) The name on the birth certificate.
                            (ii) The date and location of the birth.
                            (iii) The mother's maiden name.
                            (iv) Substantial proof of the requestor's 
                        identity.
                    (B) Issuance to persons not named on birth 
                certificate.--To meet the requirements of this section, 
                in the case of a request by a person who is not named 
                on the birth certificate, a State must require the 
                presentation of legal authorization to request the 
                birth certificate before issuance.
                    (C) Issuance to family members.--Not later than one 
                year after the date of the enactment of this Act, the 
                Secretary of Homeland Security, in consultation with 
                the Secretary of Health and Human Services and the 
                States, shall establish minimum standards for issuance 
                of a birth certificate to specific family members, 
                their authorized representatives, and others who 
                demonstrate that the certificate is needed for the 
                protection of the requestor's personal or property 
                rights.
                    (D) Waivers.--A State may waive the requirements 
                set forth in clauses (i) through (iii) of subparagraph 
                (A) in exceptional circumstances, such as the 
                incapacitation of the registrant.
                    (E) Applications by electronic means.--To meet the 
                requirements of this section, for applications by 
                electronic means, through the mail or by phone or fax, 
                a State shall employ third party verification, or 
                equivalent verification, of the identity of the 
                requestor.
                    (F) Verification of documents.--To meet the 
                requirements of this section, a State shall verify the 
                documents used to provide proof of identity of the 
                requestor.
            (4) Other requirements.--To meet the requirements of this 
        section, a State shall adopt, at a minimum, the following 
        practices in the issuance and administration of birth 
        certificates:
                    (A) Establish and implement minimum building 
                security standards for State and local vital record 
                offices.
                    (B) Restrict public access to birth certificates 
                and information gathered in the issuance process to 
                ensure that access is restricted to entities with which 
                the State has a binding privacy protection agreement.
                    (C) Subject all persons with access to vital 
                records to appropriate security clearance requirements.
                    (D) Establish fraudulent document recognition 
                training programs for appropriate employees engaged in 
                the issuance process.
                    (E) Establish and implement internal operating 
                system standards for paper and for electronic systems.
                    (F) Establish a central database that can provide 
                interoperative data exchange with other States and with 
                Federal agencies, subject to privacy restrictions and 
                confirmation of the authority and identity of the 
                requestor.
                    (G) Ensure that birth and death records are matched 
                in a comprehensive and timely manner, and that all 
                electronic birth records and paper birth certificates 
                of decedents are marked ``deceased''.
                    (H) Cooperate with the Secretary of Homeland 
                Security in the implementation of electronic 
                verification of vital events under subsection (d).
    (c) Establishment of Electronic Birth and Death Registration 
Systems.--In consultation with the Secretary of Health and Human 
Services and the Commissioner of Social Security, the Secretary of 
Homeland Security shall take the following actions:
            (1) Work with the States to establish a common data set and 
        common data exchange protocol for electronic birth registration 
        systems and death registration systems.
            (2) Coordinate requirements for such systems to align with 
        a national model.
            (3) Ensure that fraud prevention is built into the design 
        of electronic vital registration systems in the collection of 
        vital event data, the issuance of birth certificates, and the 
        exchange of data among government agencies.
            (4) Ensure that electronic systems for issuing birth 
        certificates, in the form of printed abstracts of birth records 
        or digitized images, employ a common format of the certified 
        copy, so that those requiring such documents can quickly 
        confirm their validity.
            (5) Establish uniform field requirements for State birth 
        registries.
            (6) Not later than 1 year after the date of the enactment 
        of this Act, establish a process with the Department of Defense 
        that will result in the sharing of data, with the States and 
        the Social Security Administration, regarding deaths of United 
        States military personnel and the birth and death of their 
        dependents.
            (7) Not later than 1 year after the date of the enactment 
        of this Act, establish a process with the Department of State 
        to improve registration, notification, and the sharing of data 
        with the States and the Social Security Administration, 
        regarding births and deaths of United States citizens abroad.
            (8) Not later than 3 years after the date of establishment 
        of databases provided for under this section, require States to 
        record and retain electronic records of pertinent 
        identification information collected from requestors who are 
        not the registrants.
            (9) Not later than 6 months after the date of the enactment 
        of this Act, submit to Congress, a report on whether there is a 
        need for Federal laws to address penalties for fraud and misuse 
        of vital records and whether violations are sufficiently 
        enforced.
    (d) Electronic Verification of Vital Events.--
            (1) Lead agency.--The Secretary of Homeland Security shall 
        lead the implementation of electronic verification of a 
        person's birth and death.
            (2) Regulations.--In carrying out paragraph (1), the 
        Secretary shall issue regulations to establish a means by which 
        authorized Federal and State agency users with a single 
        interface will be able to generate an electronic query to any 
        participating vital records jurisdiction throughout the United 
        States to verify the contents of a paper birth certificate. 
        Pursuant to the regulations, an electronic response from the 
        participating vital records jurisdiction as to whether there is 
        a birth record in their database that matches the paper birth 
        certificate will be returned to the user, along with an 
        indication if the matching birth record has been flagged 
        ``deceased''. The regulations shall take effect not later than 
        5 years after the date of the enactment of this Act.
    (e) Grants to States.--
            (1) In general.--The Secretary of Homeland Security may 
        make grants to States to assist the States in conforming to the 
        minimum standards set forth in this section.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary of Homeland Security for 
        each of the fiscal years 2006 through 2009 such sums as may be 
        necessary to carry out this section.
    (f) Authority.--
            (1) Participation with federal agencies and 25 states.--All 
        authority to issue regulations, certify standards, and issue 
        grants under this section shall be carried out by the Secretary 
        of Homeland Security, with the concurrence of the Secretary of 
        Health and Human Services and in consultation with State vital 
        statistics offices and appropriate Federal agencies.
            (2) Extensions of deadlines.--The Secretary of Homeland 
        Security may grant to a State an extension of time to meet the 
        requirements of subsection (b)(1)(A) if the State provides 
        adequate justification for noncompliance.
    (g) Repeal.--Section 7211 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458) is repealed.

SEC. 219. MAXIMUM PERIOD OF VALIDITY FOR STATE LICENSES AND 
              IDENTIFICATION DOCUMENTS.

    Section 202(d)(10) of the REAL ID Act of 2005 (division B of Public 
Law 109-13) is amended by striking ``8 years'' and inserting ``5 
years''.

SEC. 220. ESTABLISHMENT OF IMMIGRATION AND CUSTOMS FIELD OFFICE IN 
              TULSA, OKLAHOMA.

    (a) Findings.--Congress finds the following:
            (1) On July 17, 2002, 18 illegal immigrants, including 3 
        minors, were taken into custody by the Tulsa County Sheriff's 
        Department and later released by the former Immigration and 
        Naturalization Service.
            (2) On August 13, 2002, an immigration task force meeting 
        convened in Tulsa, Oklahoma, with the goal of bringing together 
        local law enforcement and the Immigration and Naturalization 
        Service to open a dialogue to find effective ways to better 
        enforce Federal immigration laws in the first District of 
        Oklahoma.
            (3) On January 22, 2003, 4 new agents were hired at the 
        Immigration and Naturalization Service office in Oklahoma City.
            (4) On January 30, 2003, 6 new special agents were added to 
        the staff of the Immigration and Naturalization Service's 
        Oklahoma office.
            (5) On September 22, 2004, U.S. Immigration and Customs 
        Enforcement authorized the release of 18 possible illegal 
        aliens that were in the custody of the City of Catoosa, 
        Oklahoma Policy Department. Catoosa Police stopped a stuck 
        carrying 18 persons, including children, in the early morning 
        hours. Only 2 of the detainees produced identification. One 
        adult was arrested on drug possession charges, while the 
        remaining individuals were released.
            (6) There is 1 U.S. Immigration and Customs Enforcement 
        Office of Investigations in Oklahoma, which is located in 
        Oklahoma City and has 12 agents serving 3,500,000 people.
            (7) Interstate Highways I-44 and U.S.-75 are major roads 
        through Tulsa, Oklahoma, and serve for the transportation of 
        illegal immigrants to all areas of the United States.
            (8) The establishment of a U.S. Immigration and Customs 
        Enforcement Office of Investigations field office in Tulsa, 
        Oklahoma, will help enforce Federal immigration laws in eastern 
        Oklahoma.
            (9) There are 7 Drug Enforcement Administration agents, and 
        an estimated 22 Federal Bureau of Investigation agents, 
        headquartered in Tulsa, Oklahoma, while no U.S. Immigration and 
        Customs Enforcement agents are located in Tulsa, Oklahoma.
    (b) Establishment of Tulsa Field Office.--Not later than 180 days 
after the date of enactment of this Act, the Secretary of Homeland 
Security shall, subject to the availability of appropriated funds, 
establish a U.S. Immigration and Customs Enforcement of Investigations 
field office in Tulsa, Oklahoma.

                Subtitle B--Reversing Unlawful Migration

SEC. 221. MANDATORY EMPLOYMENT AUTHORIZATION VERIFICATION.

    (a) Renaming of Basic Pilot Program.--The basic pilot program 
established under section 403(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 
8 U.S.C. 1324a note) is hereby renamed the ``Employment Authorization 
Status Instant Check'' or ``EASI Check'' system.
    (b) Permanent Operation of the Program.--The EASI Check system 
shall continue in operation permanently and shall not terminate.
    (c) Mandatory Use of EASI Check System.--
            (1) In general.--Subject to paragraphs (2) and (3), every 
        person or other entity that hires one or more individuals for 
        employment in the United States shall verify through the EASI 
        Check system that each such individual is authorized to work in 
        the United States.
            (2) Select entities required to use easi check system 
        immediately.--The following entities must satisfy the 
        requirement in paragraph (1) by not later than one year after 
        the date of the enactment of this Act:
                    (A) Federal agencies.--Each department and agency 
                of the Federal Government;
                    (B) Federal contractors.--A contractor that--
                            (i) has entered into a contract with the 
                        Federal Government to which section 2(b)(1) of 
                        the Service Contract Act of 1965 (41 U.S.C. 
                        351(b)(1)) applies, and any subcontractor under 
                        such contract; or
                            (ii) has entered into a contract exempted 
                        from the application of such Act by section 6 
                        of such Act (41 U.S.C. 356), and any 
                        subcontractor under such contract.
                    (C) Larger employers in certain industries.--An 
                employer that employs more than 50 individuals in the 
                United States in any of the following industries, as 
                defined by the Secretary of Labor:
                            (i) Agriculture.
                            (ii) Meat packing.
                            (iii) Construction.
                            (iv) Leisure and hospitality.
            (3) Phasing-in for other employers.--
                    (A) 2 years for employers of 20 or more.--Entities 
                that employ 20 or more individuals in the United States 
                in any industry must satisfy the requirement in 
                paragraph (1) by not later than two years after the 
                date of the enactment of this Act.
                    (B) 3 years for all employers.--All entities that 
                employ one or more individuals in the United States 
                must satisfy the requirement in paragraph (1) by not 
                later than three years after the date of the enactment 
                of this Act.
            (4) Verifying employment authorization of current 
        employees.--Every person or other entity that employs one or 
        more persons in the United States shall verify through the EASI 
        Check system by no later than four years after enactment that 
        each employee is authorized to work in the United States.
            (5) Defense.--An employer who establishes that the employer 
        complied in good faith with the requirements in paragraphs (1) 
        and (4) shall not be liable for hiring an unauthorized alien, 
        if--
                    (A) such hiring occurred due to an error in the 
                EASI Check system that was unknown to the employer at 
                the time of such hiring; and
                    (B) the employer terminates the employment of the 
                alien upon being informed of the error.
            (6) Sanctions for noncompliance.--The failure of an 
        employer to comply with the requirements in paragraph (1) or 
        (4) shall--
                    (A) be treated as a violation of section 
                274A(a)(1)(B) of the Immigration and Nationality Act (8 
                U.S.C. 1324a(a)(1)(B)) with respect to each individual 
                whose employment authorization status was not verified; 
                and
                    (B) create a rebuttable presumption that the 
                employer has violated section 274A(a)(1)(A) of such 
                Act.
            (7) Voluntary participation of employers not immediately 
        subject to requirement.--Nothing in this subsection shall be 
        construed as preventing a person or other entity that is not 
        immediately subject to the requirement of paragraph (1) 
        pursuant to paragraph (2) or (3) from voluntarily using the 
        EASI Check system to verify the employment authorization of new 
        hires, current employees, or both.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be required to carry out this section.

SEC. 222. EMPLOYER SANCTIONS.

    (a) Increase in Penalty for Violations.--Subsection 274A(e)(4) of 
the Immigration and Nationality Act (8 U.S.C. 1324a(e)(4)) is amended--
            (1) in subparagraph (A)(i), by striking ``not less than 
        $250 and not more than $2,000'' and inserting ``$5,000'';
            (2) in subparagraph (A)(ii), by striking ``not less than 
        $2,000 and not more than $5,000'' and inserting ``$10,000'';
            (3) in subparagraph (A)(iii), by striking ``not less than 
        $3,000 and not more than $10,000'' and inserting ``$25,000''; 
        and
            (4) in subparagraph (B), by striking clause (i) and 
        redesignating clause (ii) as clause (i).
    (b) Enforcement Through Limitation on H Nonimmigrant Petitions.--
Subsection 274A(e) of such Act (8 U.S.C. 1324a(e)) is further amended 
by adding at the end the following:
            ``(10) Limitation on h nonimmigrant petitions.--Any person 
        or entity found in violation of subsection (a)(1)(A) or (a)(2) 
        shall be ineligible for a period of 5 years following the first 
        offense, and permanently following the second offense, to 
        petition for a nonimmigrant described in section 
        101(a)(15)(H).''.
    (c) Increase in Criminal Penalty.--Section 274A(f)(1) of such Act 
(8 U.S.C. 1324a(f)(1)) is amended to read as follows:
            ``(1) Criminal penalty.--Any person or entity which engages 
        in a pattern or practice of violations of subsection (a)(1)(A) 
        or (a)(2) shall be fined not more than $25,000 for each 
        unauthorized alien with respect to whom such a violation 
        occurs, imprisoned for not less than one year, or both, 
        notwithstanding the provisions of any other Federal law 
        relating to fine levels.''.

SEC. 223. LIMITED DURATION SOCIAL SECURITY ACCOUNT NUMBERS FOR 
              NONIMMIGRANTS.

    (a) Temporary Social Security Cards for Nonimmigrants.--Section 
205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)) is 
amended by inserting after the first sentence the following: ``Social 
security cards issued to aliens who are not lawful permanent residents, 
but who are authorized to engage in employment in the United States, 
shall bear on their face an expiration date that coincides with the 
expiration of the alien's permission to be employed in the United 
States. The social security account numbers on such cards shall not be 
valid to prove work authorization, either through the EASI Check system 
or otherwise, following their expiration.''.
    (b) Timing of Issuance to Aliens.--Subclause (I) of section 
205(c)(2)(B)(i) of the Social Security Act (42 U.S.C. 
405(c)(2)(B)(i)(I)) is amended to read as follows:
            ``(I) to aliens at the time of their lawful admission to 
        the United States for or adjustment of status to--
                    ``(aa) permanent residence; or
                    ``(bb) temporary or other short-term residence in a 
                category that permits them to engage in employment in 
                the United States, except that these aliens shall be 
                issued the social security cards described in the 
                second sentence of subparagraph (G);''.

SEC. 224. MANDATORY NOTIFICATION OF SOCIAL SECURITY ACCOUNT NUMBER 
              MISMATCHES AND MULTIPLE USES.

    (a) Notification of Mismatched Name and Social Security Account 
Number.--The Commissioner of Social Security shall notify on an annual 
basis each United States employer with one or more employees whose 
social security account number does not match the employee's name or 
date of birth in the Commissioner's records. Such notification shall 
instruct employers to notify listed employees that they have 10 
business days to correct the mismatch with the Social Security 
Administration or the employer will be required to terminate their 
employment. The notification also shall inform employers that they may 
not terminate listed employees prior to the close of the 10-day period.
    (b) Notification of Multiple Uses of Individual Social Security 
Account Numbers.--Prior to crediting any individual with concurrent 
earnings from more than one employer, the Commissioner of Social 
Security shall notify the individual that earnings from two or more 
employers are being reported under the individual's social security 
account number. Such notice shall include, at a minimum, the name and 
location of each employer and shall direct the individual to contact 
the Social Security Administration to present proof that the individual 
is the person to whom the social security account number was issued 
and, if applicable, to present a pay stub or other documentation 
showing that such individual is employed by both or all employers 
reporting earnings to that social security account number.

SEC. 225. NO SOCIAL SECURITY CREDIT FOR WORK PERFORMED WHILE UNLAWFULLY 
              PRESENT.

    Sections 214(c)(1) and 223(a)(1)(C)(i) of the Social Security Act 
(42 U.S.C. 414(c)(1), 423(a)(1)(C)(i)), as added by section 211 of the 
Social Security Protection Act of 2004 (Public Law 108-203), are each 
amended by striking ``at the time of assignment, or at any later time'' 
and inserting ``at the time any such quarters of coverage are earned''.

SEC. 226. REDUCING INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER ABUSE.

    (a) Modified IT IN Format and Lawful Presence Requirement.--
            (1) In general.--Section 6109(c) of the Internal Revenue 
        Code of 1986 is amended to read as follows:
    ``(c) Requirement of Information.--
            ``(1) In general.--For purposes of this section, the 
        Secretary is authorized to require such information as may be 
        necessary to assign an identifying number of any person.
            ``(2) Separate from social security account numbers.--Any 
        identifying number assigned by the Secretary shall be comprised 
        of a sequence of numerals and dashes that is visually 
        distinguishable from and will not be mistaken for a social 
        security account number.
            ``(3) Verification of status for aliens.--Prior to issuing 
        any identifying number, the Secretary shall verify with the 
        Department of Homeland Security that the applicant for such 
        number is lawfully present in the United States.''.
            (2) Effective date.--Section 6109(c)(2) of the Internal 
        Revenue Code of 1986, as added by paragraph (1), shall take 
        effect no later than 30 days after the date of enactment of 
        this Act.
    (b) Information Sharing.--
            (1) In general.--Section 6103(i)(3) of the Internal Revenue 
        Code of 1986 is amended by adding at the end the following new 
        subparagraph:
                    ``(D) Possible violations of federal immigration 
                law.--The Secretary shall disclose in electronic format 
                to the Secretary of Homeland Security the taxpayer 
                identity (as defined in subsection (b)(6)) of each 
                taxpayer who has been assigned an individual taxpayer 
                identification number. The Secretary of Homeland 
                Security may disclose such information to officers and 
                employees of the Department to the extent necessary to 
                enforce Federal immigration laws.''
            (2) Effective date.--The Secretary of the Treasury shall 
        disclose information under the amendment made by paragraph (1) 
        not later than 60 days after the date of the enactment of this 
        Act.

SEC. 227. LIMITED ELIGIBILITY FOR TAX CREDITS AND REFUNDS.

    Notwithstanding any other provision of law, an individual who 
submits to the Internal Revenue Service an income tax return that 
relies on an individual taxpayer identification number in lieu of a 
social security account number shall not be eligible for any tax credit 
or refund, including the earned income tax credit under section 32 of 
the Internal Revenue Code of 1986.

SEC. 228. PENALTY FOR FAILURE TO FILE CORRECT INFORMATION RETURNS.

    (a) Most Egregious Noncompliant Employers.--Section 6721 of the 
Internal Revenue Code is amended--
            (1) by striking subsections (b), (c), and (d);
            (2) by redesignating subsection (e) as subsection (b); and
            (3) by adding at the end the following new subsection:
    ``(c) Penalty for Egregious Noncompliance Employers.--The Secretary 
shall assess the maximum allowable penalties on each employer 
designated in any taxable year by the Social Security Administration as 
one of the most egregious non-compliant employers.''.
    (b) Standard Compliance Program.--
            (1) In general.--No later than 60 days after the date of 
        enactment of this Act, the Secretary of the Treasury, in 
        consultation with the Commissioner of Social Security and the 
        Secretary of Homeland Security, shall implement a regularly 
        scheduled program for proposing, assessing, and collecting 
        penalties from the filers of incorrect information returns 
        under the Internal Revenue Code of 1986.
            (2) Report.--The Secretary of the Treasury shall report to 
        Congress no later than 180 days after the date of enactment of 
        this Act on the results of the program required in paragraph 
        (1). Such report shall include at least the following:
                    (A) The total number of filers who submitted 
                incorrect information returns.
                    (B) The number of incorrect information returns 
                submitted by such filers.
                    (C) The total amount of penalties proposed, 
                assessed and collected through the program.
                    (D) The number of waivers granted to filers of 
                incorrect information returns.

SEC. 229. ADJUSTMENT OF STATUS.

    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 subsection (j) as subsection (b);
            (3) in subsection (l)--
                    (A) in paragraph (1), by striking ``, in the 
                opinion of the Attorney General,'';
                    (B) in paragraph (1)(C)(ii), by striking ``, or'' 
                and inserting ``, and'';
                    (C) in paragraph (4), by striking ``may waive'' and 
                all that follows and inserting ``may waiver the 
                application of paragraphs (1) and (4) of section 
                212(a)'';
                    (D) in paragraph (5), by inserting before the 
                period at the end the following: ``and the Secretary of 
                State shall reduce by one the number of visas 
                authorized to be issued under sections 201(e) and 
                203(c) for the fiscal year then current''; and
                    (E) by redesignating subsection (l) as subsection 
                (c);
            (4) in subsection (m)--
                    (A) by amending paragraph (1)(B) to read as 
                follows:
                    ``(B) the alien would suffer extreme hardship if 
                removed from the United States.'';
                    (B) in paragraph (4), by inserting before the 
                period at the end the following: ``and the Secretary of 
                State shall reduce by one the number of visas 
                authorized to be issued under sections 201(c) and 
                203(a)(4) for the fiscal year then current''; and
                    (C) by redesignating subsection (m) as subsection 
                (d);
            (5) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security''; and
            (6) by inserting before subsection (b) (as so redesignated) 
        the following:
    ``(a) In General.--The Secretary of Homeland Security may not 
adjust the status of any alien to that of an alien lawfully admitted 
for permanent residence except as authorized by subsections (b), (c), 
and (d) of this section and by section 209.''.

SEC. 230. 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 such Act (8 U.S.C. 1254a(c)) is amended--
            (1) in paragraph (3)(B)--
                    (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 the 
                following: ``, except where a brief trip abroad is 
                required by emergency and is 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 such 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 (3).

SEC. 231. 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. 232. PENALTIES FOR VIOLATIONS OF FEDERAL IMMIGRATION LAWS BY 
              STATES AND LOCALITIES.

    (a) Preferential Treatment of Aliens not Lawfully Present for 
Higher Education Benefits.--Section 505 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (Pub. Law 104-208) is 
amended--
            (1) in subsection (a), by inserting ``or graduation from a 
        high school in the United States'' after ``on the basis of 
        residence''; and
            (2) by adding at the end the following:
    ``(c) Annual Report.--The Attorney General shall report annually to 
Congress on which, if any, post-secondary educational institutions are 
providing benefits in contravention of this section.
    ``(d) Limitation on Federal Financial Assistance.--No Federal 
agency shall provide any grant, reimbursement, or other financial 
assistance to any post-secondary educational institution determined 
under subsection (c) to be providing benefits in contravention of this 
section. Any funds withheld under this subsection shall be reallocated 
among qualifying educational institutions that are in compliance with 
subsection (a).''.
    (b) Non-Cooperation by States and Localities.--Section 241(i) of 
the Immigration and Nationality Act (8 U.S.C. 1231(i)) is amended by 
adding at the end the following:
            ``(7) Prior to entering into a contractual arrangement with 
        a State or political subdivision under paragraph (1), the 
        Attorney General shall determine whether such State or 
        political subdivision has in place any formal or informal 
        policy that violates section 642 of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
        1373). The Attorney General shall not enter into a contractual 
        arrangement with, or allocate any of the funds made available 
        under this section to, any State or political subdivision with 
        a policy that violates such section.''.

SEC. 233. CLARIFICATION OF INHERENT AUTHORITY OF STATE AND LOCAL LAW 
              ENFORCEMENT.

    Notwithstanding any other provision of law and reaffirming the 
existing inherent authority of States, law enforcement personnel of a 
State or a political subdivision of a State have the inherent authority 
of a sovereign entity to apprehend, arrest, detain, or transfer to 
Federal custody aliens in the United States (including the 
transportation of such aliens across State lines to detention centers), 
in the enforcement of the immigration laws of the United States. This 
State authority has never been displaced or preempted by Congress.

SEC. 234. USICE RESPONSE TO REQUESTS FOR ASSISTANCE FROM STATE AND 
              LOCAL LAW ENFORCEMENT.

    (a) In General.--Title II of the Immigration and Nationality Act (8 
U.S.C. 1151 et seq.) is amended by inserting after section 240C the 
following new section:

                      ``custody of illegal aliens

    ``Sec. 240D. (a) If the chief executive officer of a State (or, if 
appropriate, a political subdivision of the State) exercising authority 
with respect to the apprehension of an illegal alien submits a request 
to the Secretary of Homeland Security that the alien be taken into 
Federal custody, the Secretary of Homeland Security--
            ``(1) shall--
                    ``(A) not later than 48 hours after the conclusion 
                of the State charging process or dismissal process, or 
                if no State charging or dismissal process is required, 
                not later than 48 hours after the illegal alien is 
                apprehended, take the illegal alien into the custody of 
                the Federal Government and incarcerate the alien; or
                    ``(B) request that the relevant State or local law 
                enforcement agency temporarily incarcerate or transport 
                the illegal alien for transfer to Federal custody; and
            ``(2) shall designate a Federal, State, or local prison or 
        jail or a private contracted prison or detention facility 
        within each State as the central facility for that State to 
        transfer custody of the criminal or illegal aliens to the 
        Department of Homeland Security.
    ``(b) The Department of Homeland Security shall reimburse States 
and localities for all reasonable expenses, as determined by the 
Secretary of Homeland Security, incurred by a State or locality in the 
incarceration and transportation of an illegal alien as described in 
subparagraphs (A) and (B) of subsection (a)(1). Compensation provided 
for costs incurred under such subparagraphs shall be the average cost 
of incarceration of a prisoner in the relevant State, as determined by 
the chief executive officer of a State (or, as appropriate, a political 
subdivision of the State) plus the cost of transporting the criminal or 
illegal alien from the point of apprehension, to the place of 
detention, and to the custody transfer point if the place of detention 
and place of custody are different.
    ``(c) The Secretary of Homeland Security shall ensure that illegal 
aliens incarcerated in Federal facilities pursuant to this section are 
held in facilities which provide an appropriate level of security.
    ``(d)(1) In carrying out this section, the Secretary of Homeland 
Security may establish a regular circuit and schedule for the prompt 
transfer of apprehended illegal aliens from the custody of States and 
political subdivisions of States to Federal custody.
    ``(2) The Secretary of Homeland Security may enter into contracts 
with appropriate State and local law enforcement and detention 
officials to implement this section.
    ``(e) For purposes of this section, the term `illegal alien' means 
an alien who--
            ``(1) entered the United States without inspection or at 
        any time or place other than that designated by the Secretary 
        of Homeland Security;
            ``(2) was admitted as a nonimmigrant and who, at the time 
        the alien was taken into custody by the State or a political 
        subdivision of the State, had failed to--
                    ``(A) maintain the nonimmigrant status in which the 
                alien was admitted or to which it was changed under 
                section 248; or
                    ``(B) comply with the conditions of any such 
                status;
            ``(3) was admitted as an immigrant and has subsequently 
        failed to comply with the requirements of that status; or
            ``(4) failed to depart the United States under a voluntary 
        departure agreement or under a final order of removal.''.
    (b) Authorization of Appropriations for the Detention and 
Transportation to Federal Custody of Aliens not Lawfully Present.--
There is authorized to be appropriated $500,000,000 for the detention 
and removal of aliens not lawfully present in the United States under 
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) for fiscal 
year 2006 and each subsequent fiscal year.

SEC. 235. BASIC IMMIGRATION ENFORCEMENT TRAINING FOR STATE, LOCAL, AND 
              TRIBAL LAW ENFORCEMENT OFFICERS.

    (a) Demonstration Project.--
            (1) In general.--Cameron University, located in Lawton, 
        Oklahoma, shall establish and implement a demonstration project 
        (in this section referred to as the ``demonstration project'') 
        to assess the feasibility of establishing a nationwide e-
        learning training course, covering basic immigration law 
        enforcement issues, to be used by State, local, and tribal law 
        enforcement officers in order to improve and enhance their 
        ability, during their routine course of duties, to assist 
        Federal immigration officers in the enforcement of Federal 
        immigration laws.
            (2) Project director responsibilities.-- The Project 
        Director charged with establishing and implementing the 
        demonstration project shall do the following:
                    (A) The Project Director shall develop an on-line, 
                e-learning website to provide State, local, and tribal 
                law enforcement officers access to the e-learning 
                training course. Such website shall--
                            (i) have the capability to enroll officers 
                        in the e-learning training course, record 
                        officers' performance on the course, and track 
                        officers' proficiency in learning the course's 
                        concepts;
                            (ii) ensure a high level of security; and
                            (iii) encrypt personal and sensitive 
                        information.
                    (B) The Project Director shall develop an e-
                learning training course, which entails no more than 
                four hours of training, is accessible through the on-
                line, e-learning website under subparagraph (A), and 
                covers both the basic principles and practices of 
                immigration law and the policies that relate to the 
                enforcement of immigration laws. The e-learning 
                training course shall--
                            (i) include, but not be limited to, 
                        instruction about employment-based and family-
                        based immigration, the various types of 
                        nonimmigrant visas, the differences between 
                        immigrant and nonimmigrant status, the 
                        differences between lawful and unlawful 
                        presence, the criminal and civil consequences 
                        of unlawful presence, the various grounds for 
                        removal, the types of false identification that 
                        illegal and criminal aliens commonly use, the 
                        common methods of alien smuggling and groups 
                        that commonly participate in alien smuggling 
                        rings, the inherent legal authority of local 
                        law enforcement officers to enforce federal 
                        immigration laws, and detention and removal 
                        procedures, including expeditious removal; and
                            (ii) incorporate content similar to that 
                        covered in the four-hour training course the 
                        Immigration and Naturalization Service provided 
                        to all Alabama State Troopers in 2003 (in 
                        addition to, and separate from, the training 
                        given pursuant to the State's section 287(g) 
                        agreement).
                    (C) The Project Director shall assess the 
                feasibility of expanding to State, local, and tribal 
                law enforcement agencies throughout the nation the on-
                line, e-learning website, including the e-learning 
                training course, by using on-line technology.
    (b) Period of Project.--The Project Director shall carry out the 
demonstration project for a one-year period beginning 90 days after the 
date of the enactment of this Act.
    (c) Location of Project.--
            (1) States covered.--The Project Director shall carry out 
        the demonstration project by enrolling in the e-learning 
        training course State, local, and tribal law enforcement 
        officers from Alabama, Colorado, Florida, Oklahoma, and Texas, 
        and from at least one, but not more than three, other 
        additional States.
            (2) Number of officers.--A total of 100,000 officers shall 
        have access to, enroll in, and complete the e-learning training 
        course provided under the demonstration project.
            (3) Apportionment.--The number of officers who are selected 
        to participate in the demonstration project shall be 
        apportioned according to the State populations of the 
        participating States.
            (4) Selection.--Participation in the demonstration project 
        shall--
                    (A) be equally apportioned between State, county, 
                and municipal law enforcement agency officers;
                    (B) include, when practicable, a significant subset 
                of tribal law enforcement officers; and
                    (C) include officers from urban, rural, and highly 
                rural areas.
            (5) Limitation on participation.--Officers shall be 
        ineligible to participate in the demonstration project if they 
        are employed by a State, local, or tribal law enforcement 
        agency that has in effect a statute, policy, or practice that 
        prohibits its law enforcement officers from cooperating with 
        Federal immigration enforcement agents (or if the State, local, 
        or tribal law enforcement agency is otherwise in contravention 
        of section 642(a) of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)).
    (d) Demonstration Project Requirements.--(1) The e-learning 
training course provided under the demonstration project shall be 
accessible through the secure, encrypted on-line, e-learning website, 
within 90 days of the date of the enactment of this Act, and 
recruitment of participants shall begin immediately, and occur 
concurrently, with the e-learning training course's establishment and 
implementation.
    (2) The law enforcement officers selected to participate in the e-
learning training course provided under the demonstration project shall 
undergo standard vetting procedures, pursuant to the Federal Law 
Enforcement Training Center Distributed Learning Program, to ensure 
that each individual is a bona fide law enforcement officer.
    (3) The law enforcement officers selected to participate in the e-
learning training course provided under the demonstration project shall 
be granted continuous access, throughout the demonstration project's 
one-year period, to on-line course material and to other training and 
reference resources accessible through the on-line, e-learning website.
    (e) Report.--
            (1) In general.--Not later than the end of the one-year 
        period described in subsection (b), the Project Director shall 
        transmit to the Committees on the Judiciary and on Homeland 
        Security of the Senate and the House of Representatives a 
        report about the e-learning training course completed by State, 
        local, and tribal law enforcement officers through the 
        demonstration project.
            (2) Matters to be included.--The report under paragraph (1) 
        shall include the following:
                    (A) An estimate of the cost savings realized by 
                offering training through the e-learning training 
                course as opposed to offering similar training through 
                the residential classroom method.
                    (B) An estimate of the difference between the 
                100,000 law enforcement officers who received training 
                through the e-learning training course and the number 
                of law enforcement officers who could have received 
                training through the residential classroom method in 
                the same one-year period.
                    (C) The effectiveness of the e-learning training 
                course with respect to student-officer performance.
                    (D) The convenience accorded to student-officers 
                with respect to their ability to access the e-learning 
                training course at their own convenience and to return 
                to the on-line, e-learning website for refresher 
                training and reference.
                    (E) The ability of the on-line, e-learning website 
                to safeguard the student officers' private and personal 
                information while providing supervisors with 
                appropriate information about student performance and 
                course completion.
    (f) Expansion of Program.--
            (1) In general.--Following the completion of the 
        demonstration project, the Department of Homeland Security 
        shall continue to make available the on-line, e-learning 
        website and the e-learning training course, enroll in the e-
        learning training course 100,000 new State, local, and tribal 
        law enforcement officers annually, and consult with Congress 
        regarding the addition, substitution, or removal of 
        participating States.
            (2) Limitation on participation.--Officers shall be 
        ineligible to participate in the expansion of this program if 
        they are employed by a State, local, or tribal law enforcement 
        agency that has in effect a statute, policy, or practice that 
        prohibits its law enforcement officers from cooperating with 
        Federal immigration enforcement agents (or if the State, local, 
        or tribal law enforcement agency is otherwise in contravention 
        of section 642(a) of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)).
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated $3,000,000 in fiscal year 2006 to carry out this section. 
Funds appropriated under this subsection shall remain available until 
expended. There are authorized to be appropriated in each subsequent 
fiscal year such sums as are necessary to continue to operate, promote, 
and recruit participants for the demonstration project and expansion 
program under this section.

 TITLE III--REVISION OF FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH CARE 
                  SERVICES FURNISHED TO ILLEGAL ALIENS

SEC. 301. REVISION OF FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH CARE 
              SERVICES FURNISHED TO ILLEGAL ALIENS.

    (a) Elimination of Funding Limitations; Extension of Appropriations 
Through Fiscal Year 2011.--Subsection (a) of section 1011 of the 
Medicare Prescription Drug, Improvement, and Modernization Act of 2003 
(Public Law 108-173) is amended--
            (1) by striking ``for each of fiscal years 2005 through 
        2008'' and inserting ``for fiscal year 2005''; and
            (2) by adding at the end the following: ``Out of any funds 
        in the Treasury not otherwise appropriated, there are 
        appropriated to the Secretary for each of fiscal years 2006 
        through 2011 such sums as may be necessary for the purpose of 
        payments to eligible providers.''.
    (b) Elimination of State Allotments.--Such section is further 
amended--
            (1) in subsection (b), by adding at the end the following 
        new paragraph:
            ``(3) Limitation to fiscal year 2005.--The preceding 
        provisions of this subsection shall only apply to fiscal year 
        2005.'';
            (2) by amending subsection (c)(1) to read as follows:
            ``(1) Authority to make payments.--The Secretary shall pay 
        directly to eligible providers located in a State for the 
        provision of eligible services to aliens described in paragraph 
        (5) the amount described in paragraph (2) to the extent that 
        the eligible provider was not otherwise reimbursed (through 
        insurance or otherwise) for such services.'';
            (3) in subsection (c)(2)(B), by striking ``If the amount'' 
        and inserting ``For fiscal year 2005, if the amount''; and
            (4) in subsection (c)(4), by striking ``in a State from 
        allotments made under subsection (b) for a fiscal year''.
    (c) Requirement for Provision of Information for Hospital 
Qualifications for Funding.--Subsection (c) of such section is amended 
by adding at the end the following new paragraph:
                    ``(6) Requirement for payment.--Beginning with 
                fiscal year 2006, payment shall not be made under this 
                section to an eligible provider with respect to 
                services furnished to an alien described in paragraph 
                (5) unless the provider obtains the citizenship 
                information about the alien, and transmits such 
                information and all other non-clinical information 
                concerning the alien to Immigration and Customs 
                Enforcement, not later than 72 hours after the time of 
                discharge of the alien from the provider.''.
    (d) Elimination of Coverage of Mexicans With Border Crossing 
Cards.--Subsection (c)(5) of such section is amended by striking 
subparagraph (C).
    (e) Effective Date.--The amendments made by this section shall 
apply beginning with fiscal year 2006.
                                 <all>