[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3938 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3938

            To provide for comprehensive immigration reform.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2005

  Mr. Hayworth (for himself, Mr. Miller of Florida, Mr. Sessions, Ms. 
 Foxx, Mr. Sam Johnson of Texas, Mr. Jones of North Carolina, Mr. King 
of Iowa, Mr. Tancredo, Mr. Renzi, Mr. Norwood, Mr. Deal of Georgia, Mr. 
Poe, Mr. Gutknecht, Mr. Gary G. Miller of California, Mr. Calvert, Mr. 
 Franks of Arizona, Mr. Hunter, Mrs. Kelly, Mr. Carter, Mr. Goode, Mr. 
  Everett, Mr. Duncan, Mr. Gohmert, and Mr. McCotter) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
 and in addition to the Committees on Armed Services, Ways and Means, 
  Financial Services, Homeland Security, 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 provide for comprehensive immigration reform.

    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 ``Enforcement First 
Immigration Reform Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
           TITLE I--CLEAR AUTHORITY FOR INTERIOR ENFORCEMENT

Sec. 101. State defined.
Sec. 102. Federal affirmation of assistance in the immigration law 
                            enforcement by States and political 
                            subdivisions of States.
Sec. 103. State authorization for assistance in the enforcement of 
                            immigration laws encouraged.
Sec. 104. Civil and criminal penalties for aliens unlawfully present in 
                            the United States.
Sec. 105. Listing of immigration violators in the national crime 
                            information center database.
Sec. 106. State and local law enforcement provision of information 
                            about apprehended illegal aliens.
Sec. 107. Financial assistance to State and local police agencies that 
                            assist in the enforcement of immigration 
                            laws.
Sec. 108. Increased Federal detention space.
Sec. 109. Federal custody of illegal aliens apprehended by State or 
                            local law enforcement.
Sec. 110. Training of State and local law enforcement personnel 
                            relating to the enforcement of immigration 
                            laws.
Sec. 111. Immunity.
Sec. 112. Institutional removal program (IRP).
Sec. 113. State criminal alien assistance program (SCAAP).
Sec. 114. Detention of dangerous aliens.
Sec. 115. Increased criminal penalties for alien smuggling, document 
                            fraud, gang violence, and drug trafficking.
Sec. 116. Penalty for countries that do not accept return of nationals.
Sec. 117. No judicial review of visa revocation.
Sec. 118. Alternatives to detention.
Sec. 119. Additional immigration personnel.
Sec. 120. Completion of background and security checks.
Sec. 121. Denial of benefits to terrorists and criminals.
Sec. 122. Reinstatement of previous removal orders.
Sec. 123. Automated alien records.
Sec. 124. Annual report on interior enforcement.
                   TITLE II--IMPROVED BORDER SECURITY

Sec. 201. Assignment of members of the Armed Forces to assist Bureau of 
                            Border Security and Bureau of Citizenship 
                            and Immigration Services of the Department 
                            of Homeland Security.
Sec. 202. Necessary assets for controlling United States borders.
Sec. 203. Expedited removal between ports of entry.
Sec. 204. Document fraud detection.
Sec. 205. Reducing illegal immigration and alien smuggling on tribal 
                            lands.
            TITLE III--SOCIAL SECURITY FOR WORKING AMERICANS

Sec. 301. Letters to employers by the Commissioner of Social Security 
                            for purposes of resolving discrepancies in 
                            wage records and notification of the 
                            Secretary of Homeland Security regarding 
                            such letters.
Sec. 302. Tightening requirements for the provision of social security 
                            numbers on withholding exemption 
                            certificates.
Sec. 303. Annual reports to the Congress regarding large employers with 
                            the largest numbers of employees with non-
                            matching social security account numbers.
Sec. 304. Exclusion of unauthorized work from work upon which 
                            creditable earnings may be based.
              TITLE IV--WORK AUTHORIZATION AND ENFORCEMENT

Sec. 401. Requirement for employers to conduct employment eligibility 
                            verification.
Sec. 402. Amendments to the Social Security Act relating to 
                            identification of individuals.
Sec. 403. Employment Eligibility Database.
Sec. 404. Requirements relating to individuals commencing work in the 
                            United States.
Sec. 405. Compliance.
Sec. 406. Increase in personnel ensuring compliance with prohibitions 
                            on unlawful employment of aliens.
Sec. 407. Integration of fingerprinting databases.
Sec. 408. Authorizations of appropriations.
Sec. 409. Rules of construction.
                TITLE V--SECURE IDENTIFICATION STANDARDS

Sec. 501. Prohibition on acceptance of identification issued by foreign 
                            governments.
Sec. 502. Foreign-issued forms of identification prohibited as proof of 
                            identity to open accounts at financial 
                            institutions.
Sec. 503. Identification standard for Federal benefits.
Sec. 504. Change in format of Individual Taxpayer Identification 
                            Numbers (ITINs).
Sec. 505. Sharing ITIN-related information.
Sec. 506. Birth certificates.
                 TITLE VI--REFORM OF LEGAL IMMIGRATION

Sec. 601. Increase in employment based visas.
Sec. 602. Increase in cap on unskilled workers.
Sec. 603. Elimination of family 4th preference visa category for adult 
                            siblings of citizens.
Sec. 604. 3-year moratorium on immigrant visas for Mexican nationals.
Sec. 605. Limitation on number of family-sponsored immigrant visas from 
                            Mexico.
Sec. 606. Elimination of diversity lottery visa category.
Sec. 607. Annual report on projected job creation and foreign labor 
                            demand.
Sec. 608. Visa term compliance bonds.
Sec. 609. Release of aliens in removal proceedings.
Sec. 610. Detention of aliens delivered by bondsmen.
                     TITLE VII--CITIZENSHIP REFORM

Sec. 701. Citizenship at birth for children of non-citizen, non-
                            permanent resident aliens.
Sec. 702. Sanctions for Acts Violating the Oath of Renunciation and 
                            Allegiance.
Sec. 703. Policy of discouragement of dual/multiple citizenship.
Sec. 704. Informing birth nations of their previous citizens' new 
                            status as American citizens.
             TITLE VIII--WAGES PAID TO UNAUTHORIZED ALIENS

Sec. 801. Clarification that wages paid to unauthorized aliens may not 
                            be deducted from gross income.
    (c) Severability.--If any provision of this Act, or the application 
of such provision to any person or circumstance, is held invalid, the 
remainder of this Act, and the application of such provision to other 
persons not similarly situated or to other circumstances, shall not be 
affected by such invalidation.

           TITLE I--CLEAR AUTHORITY FOR INTERIOR ENFORCEMENT

SEC. 101. STATE DEFINED.

    For purposes of this title, the term ``State'' has the meaning 
given such term in section 101(a)(36) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(36)).

SEC. 102. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IMMIGRATION LAW 
              ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF 
              STATES.

    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 investigate, identify, 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), for the purposes of assisting in the enforcement of 
the immigration laws of the United States in the course of carrying out 
routine duties. This State authority has never been displaced or 
preempted by the Congress.

SEC. 103. STATE AUTHORIZATION FOR ASSISTANCE IN THE ENFORCEMENT OF 
              IMMIGRATION LAWS ENCOURAGED.

    (a) In General.--Effective 2 years after the date of the enactment 
of this title, a State (or political subdivision of a State) that has 
in effect a statute, policy, or practice that prohibits law enforcement 
officers of the State, or of a political subdivision within the State, 
from assisting or cooperating with Federal immigration law enforcement 
in the course of carrying out the officers' routine law enforcement 
duties shall not receive any of the funds that would otherwise be 
allocated to the State under section 241(i) of the Immigration and 
Nationality Act (8 U.S.C. 1231(i)).
    (b) Construction.--Nothing in this section shall require law 
enforcement officials from States or political subdivisions of States 
to report or arrest victims or witnesses of a criminal offense.
    (c) Reallocation of Funds.--Any funds that are not allocated to a 
State or political subdivision of a State due to the failure of the 
State to comply with subsection (a) shall be reallocated to States that 
comply with such subsection.

SEC. 104. CIVIL AND CRIMINAL PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN 
              THE UNITED STATES.

    (a) Aliens Unlawfully Present.--
            (1) In general.--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 for unlawful presence in the united states

    ``Sec. 275A. (a) In General.--In addition to any other penalty, an 
alien who is 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 and a day, or both.
    ``(b) Defense.--It shall be an affirmative defense to a violation 
of subsection (a) that the alien overstayed the time allotted under a 
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.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by inserting after the item relating to section 275 
        the following new item:

``Sec. 275A. Criminal penalties for unlawful presence in the United 
                            States.''.
    (b) Increase in Criminal Penalties for Illegal Entry.--Section 
275(a) of such Act (8 U.S.C. 1325(a)) is amended by striking ``6 
months,'' and inserting ``1 year,''.
    (c) Increase in Civil Penalties for Various Violations of the 
Immigration Laws of the United States.--Section 275(b) of such Act (8 
U.S.C. 1325(b)) is amended to read as follows:
    ``(b)(1) Subject to paragraph (2), any alien described in paragraph 
(3) shall be subject to a civil penalty of--
            ``(A) $500 for the first violation;
            ``(B) $1,000 in the case of an alien who has been once 
        previously been subject to a civil penalty under this 
        subsection;
            ``(C) $2,500 in the case of an alien who has been twice 
        previously been subject to a civil penalty under this 
        subsection; or
            ``(D) $5,000 in the case of an alien who has been three or 
        more times previously been subject to a civil penalty under 
        this subsection.
    ``(2) In the case of an alien described in paragraph (3)(D), the 
alien shall be subject to civil penalties under this subsection that 
are 5 times the amounts set forth under paragraph (1).
    ``(3) An alien described in this paragraph is an alien who--
            ``(A) is apprehended while entering (or attempting to 
        enter) the United States at a time or place other than as 
        designated by immigration officers;
            ``(B) enters the United States without inspection;
            ``(C) fails to depart the United States within 30 days 
        after the expiration date of a nonimmigrant visa or a voluntary 
        departure agreement and is not in other lawful status; or
            ``(D) fails to depart the United States within 30 days 
        after the date of a final order of removal and is not in other 
        lawful status.
    ``(4) Civil penalties under this subsection are in addition to, and 
not in lieu of, any criminal or other civil penalties that may be 
imposed.''.
    (d) Permission to Depart Voluntarily.--Section 240B of such Act (8 
U.S.C. 1229c) is amended--
            (1) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security'' each place it appears; and
            (2) in subsection (a)(2)(A), by striking ``120 days'' and 
        inserting ``30 days''.

SEC. 105. 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 the enactment of this title, 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 Under Secretary 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, any and all aliens who have overstayed their authorized 
period of stay, and any and all aliens whose visas have been revoked. 
Such information shall be provided to the National Crime Information 
Center, and the National Crime Information Center shall enter such 
information into the Immigration Violators File of the National Crime 
Information Center database, regardless of whether--
            (1) the alien received notice of a final order of removal;
            (2) the alien has already been removed; or
            (3) sufficient identifying information is available on the 
        alien.
    (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 the alien has received notice of the 
        violation or whether sufficient identifying information is 
        available on the alien and even if the alien has already been 
        removed; and''.

SEC. 106. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION 
              ABOUT APPREHENDED ILLEGAL ALIENS.

    (a) Provision of Information.--In compliance with section 642(a) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1373) and section 434 of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), each State and 
each political subdivision of a State is encouraged to provide the 
Department of Homeland Security in a timely manner with the information 
listed in subsection (b) on each alien apprehended in the jurisdiction 
of the State or political subdivision who is believed to be in 
violation of the immigration laws of the United States.
    (b) Information Required.--The information listed in this 
subsection is as follows:
            (1) The alien's name.
            (2) The alien's address or place of residence.
            (3) A physical description of the alien.
            (4) The date, time, and location of the encounter with the 
        alien and reason for stopping, detaining, apprehending, or 
        arresting the alien.
            (5) If applicable, the alien's driver's license number and 
        the State of issuance of such license.
            (6) 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.
            (7) If applicable, the license plate number, make, and 
        model of any automobile registered to, or driven by, the alien.
            (8) A photo of the alien, if available or readily 
        obtainable.
            (9) The alien's fingerprints, if available or readily 
        obtainable.
    (c) Annual Report on Reporting.--The Secretary shall maintain and 
annually submit to Congress a detailed report listing the States or 
political subdivisions of States that are providing information under 
subsection (a).
    (d) Reimbursement.--The Department of Homeland Security shall 
reimburse States and political subdivisions of a State for all 
reasonable costs, as determined by the Secretary of Homeland Security, 
incurred by that State or political subdivision as a result of 
providing information under this section.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as are necessary to carry out this section.
    (f) Construction.-- Nothing in this section shall require law 
enforcement officials of a State or political subdivision of a State to 
provide the Department of Homeland Security with information related to 
a victim of a crime or witness to a criminal offense.

SEC. 107. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE AGENCIES THAT 
              ASSIST IN THE ENFORCEMENT OF IMMIGRATION LAWS.

    (a) Grants for Special Equipment for Housing and Processing Illegal 
Aliens.--From amounts made available to make grants under this section, 
the Secretary of Homeland Security shall make grants to States and 
political subdivisions of States for procurement of equipment, 
technology, facilities, and other products that facilitate and are 
directly related to investigating, apprehending, arresting, detaining, 
or transporting immigration law violators, including additional 
administrative costs incurred under this title.
    (b) Eligibility.--To be eligible to receive a grant under this 
section, a State or political subdivision of a State must have the 
authority to, and have in effect the policy and practice to, assist in 
the enforcement of the immigration laws of the United States in the 
course of carrying out such agency's routine law enforcement duties.
    (c) Funding.--There is authorized to be appropriated for grants 
under this section $1,000,000,000 for each fiscal year.
    (d) GAO Audit.--Not later than 3 years after the date of the 
enactment of this title, the Comptroller General of the United States 
shall conduct an audit of funds distributed to States and political 
subdivisions of States under subsection (a).

SEC. 108. INCREASED FEDERAL DETENTION SPACE.

    (a) Construction or Acquisition of Detention Facilities.--
            (1) In general.--The Secretary of Homeland Security shall 
        construct or acquire, in addition to existing facilities for 
        the detention of aliens, 20 detention facilities in the United 
        States, with at least 500 beds per facility, for aliens 
        detained pending removal or a decision on removal of such alien 
        from the United States.
            (2) Determinations.--The location of any detention facility 
        built or acquired in accordance with this subsection shall be 
        determined by the Deputy Assistant Director of the Detention 
        Management Division of the Immigration and Customs Enforcement 
        Office of Detention and Removal within the U.S. Immigration and 
        Customs Enforcement.
            (3) Use of installations under base closure laws.--In 
        acquiring detention facilities under this subsection, the 
        Secretary of Homeland Security shall consider the transfer of 
        appropriate portions of military installations approved for 
        closure or realignment under the Defense Base Closure and 
        Realignment Act of 1990 (part A of title XXIX of Public Law 
        101-510; 10 U.S.C. 2687 note) for use in accordance with 
        paragraph (1).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
    (c) Technical and Conforming Amendment.--Section 241(g)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1231(g)(1)) is amended by 
striking ``may expend'' and inserting ``shall expend''.

SEC. 109. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR 
              LOCAL LAW ENFORCEMENT.

    (a) State Apprehension.--
            (1) 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:

                      ``custody of illegal aliens

    ``Sec. 240D. (a) Transfer of Custody by State and Local 
Officials.--If a State (or, if appropriate, a political subdivision of 
the State) exercising authority with respect to the apprehension or 
arrest 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 at least one 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) Policy on Detention in State and Local Detention 
Facilities.--In carrying out section 241(g)(1), the Attorney General or 
Secretary of Homeland Security shall ensure that an alien arrested 
under this Act shall be detained, pending the alien's being taken for 
the examination under this section, in a State or local prison, jail, 
detention center, or other comparable facility. Notwithstanding any 
other provision of law or regulation, such facility is adequate for 
detention, if--
            ``(1) such a facility is the most suitably located Federal, 
        State, or local facility available for such purpose under the 
        circumstances;
            ``(2) an appropriate arrangement for such use of the 
        facility can be made; and
            ``(3) such facility satisfies the standards for the 
        housing, care, and security of persons held in custody of a 
        United States marshal.
    ``(c) Reimbursement.--The Secretary of Homeland Security shall 
reimburse States and political subdivisions of States for all 
reasonable expenses, as determined by the Secretary, incurred by the 
State or political subdivision 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.
    ``(d) Secure Facilities.--The Secretary of Homeland Security shall 
ensure that illegal aliens incarcerated in Federal facilities pursuant 
to this Act are held in facilities that provide an appropriate level of 
security.
    ``(e) Transfer.--
            ``(1) In general.--In carrying out this section, the 
        Secretary of Homeland Security shall 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) Contracts.--The Secretary of Homeland Security may 
        enter into contracts, including appropriate private contracts, 
        to implement this subsection.
    ``(f) Definition.--For purposes of this section, the term `illegal 
alien' means an alien who--
            ``(1) entered the United States without inspection or at 
        any time, manner 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.
    ``(g) 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 
this Act for fiscal year 2006 and each subsequent fiscal year.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by inserting after the item relating to section 240C 
        the following new item:

``Sec. 240D. Custody of illegal aliens.''.
    (b) GAO Audit.--Not later than 3 years after the date of the 
enactment of this title, the Comptroller General of the United States 
shall conduct an audit of compensation to States and political 
subdivisions of States for the incarceration of illegal aliens under 
section 240D(a) of the Immigration and Nationality Act (as inserted by 
subsection (a)(1)).

SEC. 110. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL 
              RELATING TO THE ENFORCEMENT OF IMMIGRATION LAWS.

    (a) Establishment of Training Manual and Pocket Guide.--Not later 
than 180 days after the date of the enactment of this title, the 
Secretary of Homeland Security shall establish--
            (1) a training manual for law enforcement personnel of a 
        State or political subdivision of a State to train such 
        personnel in the investigation, identification, apprehension, 
        arrest, detention, and transfer to Federal custody of aliens in 
        the United States (including the transportation of such aliens 
        across State lines to detention centers and the identification 
        of fraudulent documents); and
            (2) an immigration enforcement pocket guide for law 
        enforcement personnel of a State or political subdivision of a 
        State to provide a quick reference for such personnel in the 
        course of duty.
    (b) Availability.--The training manual and pocket guide established 
in accordance with subsection (a) shall be made available to all State 
and local law enforcement personnel.
    (c) Applicability.--Nothing in this section shall be construed to 
require State or local law enforcement personnel to carry the training 
manual or pocket guide established under subsection (a)(2) with them 
while on duty.
    (d) Costs.--The Department of Homeland Security shall be 
responsible for any and all costs incurred in establishing the training 
manual and pocket guide under subsection (a).
    (e) Training Flexibility.--
            (1) In general.--The Department of Homeland Security shall 
        make training of State and local law enforcement officers 
        available through as many means as possible, including 
        residential training at the Center for Domestic Preparedness, 
        onsite training held at State or local police agencies or 
        facilities, online training courses by computer, 
        teleconferencing, and videotape, or the digital video display 
        (DVD) of a training course or courses. E-learning through a 
        secure, encrypted distributed learning system that has all its 
        servers based in the United States, is sealable, survivable, 
        and can have a portal in place within 30 days, shall be made 
        available by the Federal Law Enforcement Training Center 
        Distributed Learning Program for State and local law 
        enforcement personnel.
            (2) Federal personnel training.--The training of State and 
        local law enforcement personnel under this section shall not 
        displace the training of Federal personnel.
            (3) Clarification.--Nothing in this title or any other 
        provision of law shall be construed as making any immigration-
        related training a requirement for, or prerequisite to, any 
        State or local law enforcement officer to assist in the 
        enforcement of Federal immigration laws in the normal course of 
        carrying out their normal law enforcement duties.
    (f) Training Limitation.--Section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) is amended--
            (1) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security'' each place it appears; and
            (2) in paragraph (2), by adding at the end the following: 
        ``Such training shall not exceed 14 days or 80 hours, whichever 
        is longer.''.

SEC. 111. IMMUNITY.

    (a) Personal Immunity.--Notwithstanding any other provision of law, 
a law enforcement officer of a State or local law enforcement agency 
who is acting within the scope of the officer's official duties shall 
be immune, to the same extent as a Federal law enforcement officer, 
from personal liability arising out of the performance of any duty 
described in this title.
    (b) Agency Immunity.--Notwithstanding any other provision of law, a 
State or local law enforcement agency shall be immune from any claim 
for money damages based on Federal, State, or local civil rights law 
for an incident arising out of the enforcement of any immigration law, 
except to the extent a law enforcement officer of that agency committed 
a violation of Federal, State, or local criminal law in the course of 
enforcing such immigration law.

SEC. 112. INSTITUTIONAL REMOVAL PROGRAM (IRP).

    (a) Continuation and Expansion.--
            (1) In general.--The Department of Homeland Security shall 
        continue to operate and implement the program known as the 
        Institutional Removal Program (IRP) which--
                    (A) identifies removable criminal aliens in Federal 
                and State correctional facilities;
                    (B) ensures such aliens are not released into the 
                community; and
                    (C) removes such aliens from the United States 
                after the completion of their sentences.
            (2) Expansion.--The institutional removal program shall be 
        extended to all States. Any State that receives Federal funds 
        for the incarceration of criminal aliens shall--
                    (A) cooperate with officials of the institutional 
                removal program;
                    (B) expeditiously and systematically identify 
                criminal aliens in its prison and jail populations; and
                    (C) promptly convey such information to officials 
                of such program as a condition for receiving such 
                funds.
    (b) Authorization for Detention After Completion of State or Local 
Prison Sentence.--Law enforcement officers of a State or political 
subdivision of a State have the authority to--
            (1) hold an illegal alien for a period of up to 14 days 
        after the alien has completed the alien's State prison sentence 
        in order to effectuate the transfer of the alien to Federal 
        custody when the alien is removable or not lawfully present in 
        the United States; or
            (2) issue a detainer that would allow aliens who have 
        served a State prison sentence to be detained by the State 
        prison until personnel from the U.S. Immigration and Customs 
        Enforcement can take the alien into custody.
    (c) Technology Usage.--Technology such as video conferencing shall 
be used to the maximum extent possible in order to make the 
Institutional Removal Program (IRP) available in remote locations. 
Mobile access to Federal databases of aliens, such as IDENT, and live 
scan technology shall be used to the maximum extent practicable in 
order to make these resources available to State and local law 
enforcement agencies in remote locations.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the institutional removal program--
            (1) $100,000,000 for fiscal year 2007;
            (2) $115,000,000 for fiscal year 2008;
            (3) $130,000,000 for fiscal year 2009;
            (4) $145,000,000 for fiscal year 2010; and
            (5) $160,000,000 for fiscal year 2011.

SEC. 113. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).

    Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C. 
1231(i)) is amended by inserting before the period at the end the 
following: ``and $1,000,000,000 for each subsequent fiscal year''.

SEC. 114. DETENTION OF DANGEROUS ALIENS.

    (a) Removal of Terrorist Aliens.--
            (1) In general.--Title II of the Immigration and 
        Nationality Act (8 U.S.C. 1151 et seq.) is amended--
                    (A) in section 208(b)(2)(A), by amending clause (v) 
                to read as follows:
                            ``(v) the alien is described in section 
                        212(a)(3)(B), 212(a)(3)(F), or 237(a)(4)(B) 
                        unless, in the case only of an alien described 
                        in section 212(a)(3)(B)(i)(IV), the Secretary 
                        of Homeland Security or the Attorney General 
                        determines that there are not reasonable 
                        grounds for regarding the alien as a danger to 
                        the security of the United States; or'';
                    (B) in section 240A(c), by amending paragraph (4) 
                to read as follows:
            ``(4) An alien described in section 212(a)(3) or 
        237(a)(4).'';
                    (C) in section 240B(b)(1)(C), by striking 
                ``deportable under'' and inserting ``described in'';
                    (D) in section 241(b)(3)(B)--
                            (i) in clause (iii), by striking ``or'' at 
                        the end;
                            (ii) in clause (iv), by striking the period 
                        at the end and inserting ``; or'';
                            (iii) by inserting after clause (iv) the 
                        following:
                            ``(v) the alien is described in section 
                        212(a)(3)(B), 212(a)(3)(F), or 237(a)(4)(B), 
                        unless, in the case only of an alien described 
                        in section 212(a)(3)(B)(i)(IV), the Secretary 
                        of Homeland Security or the Attorney General 
                        determines that there are not reasonable 
                        grounds for regarding the alien as a danger to 
                        the security of the United States.''; and
                            (iv) by striking ``For purposes of clause 
                        (iv)'' and all that follows; and
                    (E) in section 249--
                            (i) by striking ``inadmissible under 
                        section 212(a)(3)(E) or under section'' and 
                        inserting ``described in section 212(a)(3)(E) 
                        or''; and
                            (ii) in subsection (d), by striking ``to 
                        citizenship and is not deportable under'' and 
                        inserting ``for citizenship and is not 
                        described in''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of enactment of this Act and 
        shall apply to--
                    (A) all aliens subject to removal, deportation, or 
                exclusion at any time; and
                    (B) acts and conditions constituting a ground for 
                inadmissibility, excludability, deportation, or removal 
                occurring or existing before, on, or after such 
                effective date.
    (b) Detention of Dangerous Aliens.--
            (1) In general.--Section 241(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1231(a)) is amended--
                    (A) by striking ``Attorney General'' each place it 
                appears and inserting ``Secretary of Homeland 
                Security'';
                    (B) in paragraph (2), by inserting ``If a court 
                orders a stay of removal of an alien who is subject to 
                an order of removal that is administratively final, the 
                Secretary of Homeland Security, in the exercise of the 
                Secretary's discretion, may detain the alien during the 
                pendency of such stay of removal, before the beginning 
                of the removal period, as provided in paragraph 
                (1)(B)(ii).'' after ``detain the alien.''; and
                    (C) in paragraph (6), by striking ``removal period 
                and, if released,'' and inserting ``removal period, in 
                the discretion of the Secretary, without any 
                limitations other than those specified by the Secretary 
                of Homeland Security by regulation, until the alien is 
                removed. If an alien is released, the alien''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect upon the date of enactment of this Act, and 
        shall apply to cases in which the final administrative removal 
        order was issued before, on, or after such date.

SEC. 115. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING, DOCUMENT 
              FRAUD, GANG VIOLENCE, AND DRUG TRAFFICKING.

    (a) Alien Smuggling.--Section 274(a) of the Immigration and 
Nationality Act (8 U.S.C. 1324(a)) is amended--
            (1) in paragraph (1)(B)--
                    (A) in clause (i), by striking ``10 years'' and 
                inserting ``15 years'';
                    (B) in clause (ii), by striking ``5 year'' and 
                inserting ``10 years''; and
                    (C) in clause (iii), by striking ``20 years'' and 
                inserting ``40 years'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``one year, or 
                both; or'' and inserting ``3 years, or both'';
                    (B) in subparagraph (B)--
                            (i) in clause (i), by adding at the end the 
                        following: ``be fined under title 18, United 
                        States Code, and imprisoned not less than 5 
                        years nor more than 25 years;'';
                            (ii) in clause (ii), by striking ``or'' at 
                        the end and inserting the following: ``be fined 
                        under title 18, United States Code, and 
                        imprisoned not less than 3 years not more than 
                        20 years; or''; and
                            (iii) in clause (iii), by adding at the end 
                        the following: ``be fined under title 18, 
                        United States Code, and imprisoned not more 
                        than 15 years; or''; and
                    (C) by striking the matter following clause (iii) 
                and inserting the following:
                    ``(C) in the case of a third or subsequent offense 
                described in subparagraph (B) and for any other 
                violation, shall be fined under title 18, United States 
                Code, and imprisoned not less than 5 years nor more 
                than 15 years.'';
            (3) in paragraph (3)(A), by striking ``5 years'' and 
        inserting ``10 years''; and
            (4) in paragraph (4), by striking ``10 years'' and 
        inserting ``20 years''.
    (b) Document Fraud.--Section 1546 of title 18, United States Code, 
is amended--
            (1) in subsection (a)--
                    (A) by striking ``not more than 25 years'' and 
                inserting ``not less than 25 years''
                    (B) by inserting ``and if the terrorism offense 
                resulted in the death of any person, shall be punished 
                by death or imprisoned for life,'' after ``section 2331 
                of this title)),'';
                    (C) by striking ``20 years'' and inserting 
                ``imprisoned not more than 40 years'';
                    (D) by striking ``10 years'' and inserting 
                ``imprisoned not more than 20 years''; and
                    (E) by striking ``15 years'' and inserting 
                ``imprisoned not more than 25 years''; and
            (2) in subsection (b), by striking ``5 years'' and 
        inserting ``10 years''.
    (c) Crimes of Violence.--
            (1) In general.--Title 18, United States Code, is amended 
        by inserting after chapter 51 the following:

                      ``CHAPTER 52--ILLEGAL ALIENS

``Sec.
``1131. Enhanced penalties for certain crimes committed by illegal 
                            aliens.
``Sec. 1131. Enhanced penalties for certain crimes committed by illegal 
              aliens
    ``(a) Any alien unlawfully present in the United States, who 
commits, or conspires or attempts to commit, a crime of violence or a 
drug trafficking offense (as defined in section 924), shall be fined 
under this title and sentenced to not less than 5 years in prison.
    ``(b) If an alien who violates subsection (a) was previously 
ordered removed under the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.) on the grounds of having committed a crime, the alien 
shall be sentenced to not less than 15 years in prison.
    ``(c) A sentence of imprisonment imposed under this section shall 
run consecutively to any other sentence of imprisonment imposed for any 
other crime.''.
            (2) Clerical amendment.--The table of chapters at the 
        beginning of part I of title 18, United States Code, is amended 
        by inserting after the item relating to chapter 51 the 
        following:

``52. Illegal aliens........................................    1131''.
    (d) Criminal Street Gangs.--
            (1) Inadmissibility.--Section 212(a)(2) of the Immigration 
        and Nationality Act (8 U.S.C. 1182(a)(2)) is amended--
                    (A) by redesignating subparagraph (F) as 
                subparagraph (J); and
                    (B) by inserting after subparagraph (E) the 
                following:
                    ``(F) Aliens who are members of criminal street 
                gangs.--Any alien who is a member of a criminal street 
                gang (as defined in section 521(a) of title 18, United 
                States Code) is inadmissible.''.
            (2) Deportability.--Section 237(a)(2) of the Immigration 
        and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding 
        at the end the following:
                    ``(F) Aliens who are members of criminal street 
                gangs.--Any alien who is a member of a criminal street 
                gang (as defined in section 521(a) of title 18, United 
                States Code) is deportable.''.
            (3) Temporary protected status.--Section 244(c)(2)(B) of 
        the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)) 
        is amended--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) the alien is a member of a criminal 
                        street gang (as defined in section 521(a) of 
                        title 18, United States Code).''.

SEC. 116. PENALTY FOR COUNTRIES THAT DO NOT ACCEPT RETURN OF NATIONALS.

    Section 243(d) of the Immigration and Nationality Act (8 U.S.C. 
1253(d)) is amended--
            (1) by striking ``On being notified'' and inserting the 
        following:
            ``(1) In general.--Upon notification''; and
            (2) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security''; and
            (3) by adding at the end the following:
            ``(2) Denial of admission.--The Secretary of Homeland 
        Security, after making a determination that the government of a 
        foreign country has denied or unreasonably delayed accepting an 
        alien who is a citizen, subject, national, or resident of that 
        country after the alien has been ordered removed, and after 
        consultation with the Secretary of State, may deny admission to 
        any citizen, subject, national or resident of that country 
        until the country accepts the alien that was ordered 
        removed.''.

SEC. 117. NO JUDICIAL REVIEW OF VISA REVOCATION.

    Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 
1201(i)) is amended by striking ``, except in the context of a removal 
proceeding'' and all that follows and inserting a period.

SEC. 118. ALTERNATIVES TO DETENTION.

    The Secretary of Homeland Security shall implement pilot programs 
in all States to study the effectiveness of alternatives to detention, 
including electronic monitoring devices and intensive supervision 
programs, in ensuring alien appearance at court and compliance with 
removal orders.

SEC. 119. ADDITIONAL IMMIGRATION PERSONNEL.

    (a) Department of Homeland Security.--
            (1) Investigative personnel.--In addition to the positions 
        authorized under section 5203 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004, for each of fiscal years 2006 
        through 2010, the Secretary of Homeland Security shall, subject 
        to the availability of appropriations for such purpose, 
        increase by not less than 200 the number of positions for 
        investigative personnel within the Department of Homeland 
        Security investigating alien smuggling and immigration status 
        violations above the number of such positions for which funds 
        were made available during the preceding fiscal year.
            (2) Trial attorneys.--In each of fiscal years 2006 through 
        2010, the Secretary of Homeland Security shall, subject to the 
        availability of appropriations for such purpose, increase the 
        number of positions for attorneys in the Office of General 
        Counsel of the Department of Homeland Security who represent 
        the Department in immigration matters by not less than 100 
        above the number of such positions for which funds were made 
        available during each preceding fiscal year.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to the Department of Homeland Security for 
        each of fiscal years 2006 through 2010 such sums as may be 
        necessary to carry out this subsection.
    (b) Department of Justice.--
            (1) Assistant attorney general for immigration 
        enforcement.--
                    (A) Establishment.--There is established within the 
                Department of Justice the position of Assistant 
                Attorney General for Immigration Enforcement, which 
                shall coordinate and prioritize immigration litigation 
                and enforcement in the Federal courts, including--
                            (i) removal and deportation;
                            (ii) employer sanctions; and
                            (iii) alien smuggling and human 
                        trafficking.
                    (B) Conforming amendment.--Section 506 of title 28, 
                United States Code, is amended by striking ``ten'' and 
                inserting ``11''.
            (2) Litigation attorneys.--In each of fiscal years 2006 
        through 2010, the Attorney General shall, subject to the 
        availability of appropriations for such purpose, increase by 
        not less than 50 the number of positions for attorneys in the 
        Office of Immigration Litigation of the Department of Justice.
            (3) United states attorneys.--In each of fiscal years 2006 
        through 2010, the Attorney General shall, subject to the 
        availability of appropriations for such purpose, increase by 
        not less than 50 the number of attorneys in the United States 
        Attorneys' office to litigate immigration cases in the Federal 
        courts.
            (4) Immigration judges.--In each of fiscal years 2006 
        through 2010, the Attorney General shall, subject to the 
        availability of appropriations for such purpose, increase by 
        not less than 50 the number of immigration judges.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated to the Department of Justice for each of 
        fiscal years 2006 through 2010 such sums as may be necessary to 
        carry out this subsection, including the hiring of necessary 
        support staff.

SEC. 120. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

    Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) 
is amended by adding at the end the following:
    ``(i) Notwithstanding any other provision of law, the Secretary of 
Homeland Security, the Attorney General, or any court may not--
            ``(1) grant or order the grant of adjustment of status to 
        that of an alien lawfully admitted for permanent residence;
            ``(2) grant or order the grant of any other status, relief, 
        protection from removal, or other benefit under the immigration 
        laws; or
            ``(3) issue any documentation evidencing or related to such 
        grant by the Attorney General, the Secretary, or any court,
until such background and security checks as the Secretary may in his 
discretion require have been completed to the satisfaction of the 
Secretary.''.

SEC. 121. DENIAL OF BENEFITS TO TERRORISTS AND CRIMINALS.

    Chapter 4 of title III of the Immigration and Nationality Act (8 
U.S.C. 1501 et seq.) is amended by adding at the end the following:

                             ``construction

    ``Sec. 362. (a) Nothing in this Act or any other provision of law 
shall be construed to require the Secretary of Homeland Security, the 
Attorney General, the Secretary of State, the Secretary of Labor, or 
any other authorized head of any agency to grant any application, 
approve any petition, or grant or continue any status or benefit under 
the immigration laws by, to, or on behalf of--
            ``(1) any alien described in subparagraphs (A)(i), 
        (A)(iii), (B), or (F) of sections 212(a)(3) or subparagraphs 
        (A)(i), (A)(iii), or (B) of section 237(a)(4);
            ``(2) any alien with respect to whom a criminal or other 
        investigation or case is pending that is material to the 
        alien's inadmissibility, deportability, or eligibility for the 
        status or benefit sought; or
            ``(3) any alien for whom all law enforcement checks, as 
        deemed appropriate by such authorized official, have not been 
        conducted and resolved.
    ``(b) An official described in subsection (a) may deny or withhold 
(with respect to an alien described in subsection (a)(1)) or withhold 
pending resolution of the investigation, case, or law enforcement 
checks (with respect to an alien described in paragraph (2) or (3) of 
subsection (a)) any such application, petition, status or benefit on 
such basis.''.

SEC. 122. REINSTATEMENT OF PREVIOUS REMOVAL ORDERS.

    (a) In General.--Section 241(a)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1231(a)(5)) is amended to read as follows:
            ``(5) Reinstatement of previous removal orders.--
                    ``(A) Removal.--The Secretary of Homeland Security 
                shall remove an alien who is an applicant for admission 
                (other than an admissible alien presenting himself or 
                herself for inspection at a port of entry or an alien 
                paroled into the United States under section 
                212(d)(5)), after having been, on or after September 
                30, 1996, excluded, deported, or removed, or having 
                departed voluntarily under an order of exclusion, 
                deportation, or removal.
                    ``(B) Judicial review.--The removal described in 
                subparagraph (A) shall not require any proceeding 
                before an immigration judge, and shall be under the 
                prior order of exclusion, deportation, or removal, 
                which is not subject to reopening or review. The alien 
                is not eligible and may not apply for or receive any 
                immigration relief or benefit under this Act or any 
                other law, with the exception of sections 208 or 
                241(b)(3) or the United Nations Convention Against 
                Torture and Other Cruel, Inhuman, or Degrading 
                Treatment or Punishment in the case of an alien who 
                indicates either an intention to apply for asylum under 
                section 208 or a fear of persecution or torture.''.
    (b) Effective Date.--The amendment made by subsection (a)(1) shall 
take effect as if enacted on March 1, 2003.

SEC. 123. AUTOMATED ALIEN RECORDS.

    (a) In General.--Not later than 5 years after the date of enactment 
of this Act, the Secretary of Homeland Security shall automate the 
storage of alien records in an electronic format that is interoperable 
with the alien record keeping systems of the Department of Justice and 
accessible by other Federal agencies for the purposes of administering 
the immigration laws of the United States.
    (b) Existing Records.--The Secretary of Homeland Security shall 
automate all alien records that were created during the 5-year period 
ending on the date of enactment of this Act.
    (c) Oversight.--The Chief Information Officer of the Department of 
Homeland Security shall be responsible for oversight and management of 
automating the storage of alien records in an electronic format.
    (d) Official Record.--The automated alien record created under this 
section shall constitute the official record for purposes of the 
National Archives and Records Administration.
    (e) Reports.--The Secretary of Homeland Security shall report to 
the appropriate committees in Congress in 2008 and 2010 on the progress 
made in automating alien records under this section.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of the fiscal years 2006 through 2010 
to carry out this section.

SEC. 124. ANNUAL REPORT ON INTERIOR ENFORCEMENT.

    The Secretary of Homeland Security shall submit to Congress, by not 
later than January 15 of each year (beginning with 2006) on the 
progress of enforcing immigration laws in the interior of the United 
States.

                   TITLE II--IMPROVED BORDER SECURITY

SEC. 201. ASSIGNMENT OF MEMBERS OF THE ARMED FORCES TO ASSIST BUREAU OF 
              BORDER SECURITY AND BUREAU OF CITIZENSHIP AND IMMIGRATION 
              SERVICES OF THE DEPARTMENT OF HOMELAND SECURITY.

    (a) Assignment Authority of Secretary of Defense.--Chapter 18 of 
title 10, United States Code, is amended by inserting after section 374 
the following new section:
``Sec. 374a. Assignment of members to assist border patrol and control
    ``(a) Assignment Authorized.--Upon submission of a request 
consistent with subsection (b), the Secretary of Defense may assign 
members of the Army, Navy, Air Force, and Marine Corps to assist--
            ``(1) the Bureau of Border Security of the Department of 
        Homeland Security in preventing the entry of terrorists, drug 
        traffickers, and illegal aliens into the United States; and
            ``(2) the United States Customs Service of the Department 
        of Homeland Security in the inspection of cargo, vehicles, and 
        aircraft at points of entry into the United States to prevent 
        the entry of weapons of mass destruction, components of weapons 
        of mass destruction, prohibited narcotics or drugs, or other 
        terrorist or drug trafficking items.
    ``(b) Request for Assignment.--The assignment of members under 
subsection (a) may occur only if--
            ``(1) the assignment is at the request of the Secretary of 
        Homeland Security; and
            ``(2) the request is accompanied by a certification by the 
        Secretary of Homeland Security that the assignment of members 
        pursuant to the request is necessary to respond to a threat to 
        national security posed by the entry into the United States of 
        terrorists, drug traffickers, or illegal aliens.
    ``(c) Training Program Required.--The Secretary of Homeland 
Security and the Secretary of Defense, shall establish a training 
program to ensure that members receive general instruction regarding 
issues affecting law enforcement in the border areas in which the 
members may perform duties under an assignment under subsection (a). A 
member may not be deployed at a border location pursuant to an 
assignment under subsection (a) until the member has successfully 
completed the training program.
    ``(d) Conditions of Use.--(1) Whenever a member who is assigned 
under subsection (a) to assist the Bureau of Border Security or the 
United States Customs Service is performing duties at a border location 
pursuant to the assignment, a civilian law enforcement officer from the 
agency concerned shall accompany the member.
    ``(2) Nothing in this section shall be construed to--
            ``(A) authorize a member assigned under subsection (a) to 
        conduct a search, seizure, or other similar law enforcement 
        activity or to make an arrest; and
            ``(B) supersede section 1385 of title 18 (popularly known 
        as the `Posse Comitatus Act').
    ``(e) Establishment of Ongoing Joint Task Forces.--(1) The 
Secretary of Homeland Security may establish ongoing joint task forces 
if the Secretary of Homeland Security determines that the joint task 
force, and the assignment of members to the joint task force, is 
necessary to respond to a threat to national security posed by the 
entry into the United States of terrorists, drug traffickers, or 
illegal aliens.
    ``(2) If established, the joint task force shall fully comply with 
the standards as set forth in this section.
    ``(f) Notification Requirements.--The Secretary of Homeland 
Security shall provide to the Governor of the State in which members 
are to be deployed pursuant to an assignment under subsection (a) and 
to local governments in the deployment area notification of the 
deployment of the members to assist the Department of Homeland Security 
under this section and the types of tasks to be performed by the 
members.
    ``(g) Reimbursement Requirement.--Section 377 of this title shall 
apply in the case of members assigned under subsection (a).
    ``(h) Termination of Authority.--No assignment may be made or 
continued under subsection (a) after September 30, 2007.''.
    (b) Commencement of Training Program.--The training program 
required by subsection (b) of section 374a of title 10, United States 
Code, shall be established as soon as practicable after the date of the 
enactment of this title.
    (c) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
374 the following new item:

``374a. Assignment of members to assist border patrol and control.''.

SEC. 202. NECESSARY ASSETS FOR CONTROLLING UNITED STATES BORDERS.

    (a) Personnel.--
            (1) Customs and border protection officers.--In each of the 
        fiscal years 2006 through 2010, the Secretary of Homeland 
        Security shall increase by not less than 250 the number of 
        positions for full-time active duty Customs and Border 
        Protection officers.
            (2) Authorization of appropriations.--
                    (A) Customs and border protection officers.--There 
                are authorized to be appropriated such sums as may be 
                necessary for each of fiscal years 2006 through 2010 to 
                carry out paragraph (1).
                    (B) Border patrol agents.--There are authorized to 
                be appropriated such sums as may be necessary for each 
                of fiscal years 2006 through 2010 to carry out section 
                5202 of the Intelligence Reform and Terrorism 
                Prevention Act of 2004 (118 Stat. 3734).
                    (C) Transportation of aliens.--There are authorized 
                to be appropriated $25,000,000 for each of fiscal years 
                2006 through 2010 for the transportation of aliens.
    (b) Technological Assets.--
            (1) Acquisition.--The Secretary of Homeland Security shall 
        procure unmanned aerial vehicles, cameras, poles, sensors, 
        radar, and other technologies necessary to achieve operational 
        control of the borders of the United States.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated $500,000,000 for each of fiscal years 2006 
        through 2010 to carry out paragraph (1).
    (c) Infrastructure.--
            (1) Construction of border control facilities.--The 
        Secretary of Homeland Security shall construct all-weather 
        roads and shall acquire vehicle barriers and necessary 
        facilities to support its mission of achieving operational 
        control of the borders of the United States.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated $500,000,000 for each of fiscal years 2006 
        through 2010 to carry out paragraph (1).
    (d) Border Patrol Checkpoints.--Temporary or permanent checkpoints 
may be maintained on roadways in border patrol sectors close to the 
border between the United States and Mexico.

SEC. 203. EXPEDITED REMOVAL BETWEEN PORTS OF ENTRY.

    (a) In General.--Section 235 of the Immigration and Nationality Act 
(8 U.S.C. 1225) is amended--
            (1) in subsection (b)(1)(A)(i), by striking ``the officer'' 
        the inserting ``a supervisory officer'' and
            (2) in subsection (c), by adding at the end the following:
            ``(4) Expansion.--The Secretary of Homeland Security shall 
        make the expedited removal procedures under this subsection 
        available in all border patrol sectors on the southern border 
        of the United States as soon as operationally possible.
            ``(5) Training.--The Secretary of Homeland Security shall 
        provide employees of the Department of Homeland Security with 
        comprehensive training of the procedures authorized under this 
        subsection.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of fiscal years 2006 through 2010 to 
carry out the amendments made by this section.

SEC. 204. DOCUMENT FRAUD DETECTION.

    (a) Training.--The Secretary of Homeland Security shall provide all 
customs and border protection officers with training in identifying and 
detecting fraudulent travel documents. Such training shall be developed 
in consultation with the Forensic Document Laboratory of the 
Immigration and Customs Enforcement
    (b) Forensic Document Laboratory.--The Secretary of Homeland 
Security shall provide all customs and border protection officers with 
access to the Forensic Document Laboratory.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for each of fiscal years 2006 through 2010 to 
carry out this section.

SEC. 205. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL 
              LANDS.

    (a) Grants Authorized.--The Secretary of Homeland Security may 
award grants to Indian tribes with lands adjacent to an international 
border of the United States that have been adversely affected by 
illegal immigration.
    (b) Use of Funds.--Grants awarded under subsection (a) may be used 
for--
            (1) law enforcement activities;
            (2) health care services;
            (3) environmental restoration; and
            (4) the preservation of cultural resources.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall submit a report to 
the Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives that--
            (1) describes the level of access of Border Patrol agents 
        on tribal lands;
            (2) describes the extent to which enforcement of 
        immigration laws may be improved by enhanced access to tribal 
        lands;
            (3) contains a strategy for improving such access through 
        cooperation with tribal authorities; and
            (4) identifies grants provided by the Department of 
        Homeland Security for Indian tribes, either directly or through 
        State or local grants, relating to border security expenses.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of fiscal years 2006 through 2010 to 
carry out this section.

            TITLE III--SOCIAL SECURITY FOR WORKING AMERICANS

SEC. 301. LETTERS TO EMPLOYERS BY THE COMMISSIONER OF SOCIAL SECURITY 
              FOR PURPOSES OF RESOLVING DISCREPANCIES IN WAGE RECORDS 
              AND NOTIFICATION OF THE SECRETARY OF HOMELAND SECURITY 
              REGARDING SUCH LETTERS.

    (a) In General.--Section 205(c)(2) of the Social Security Act (42 
U.S.C. 405(c)(2)) is amended by adding at the end the following new 
subparagraph:
    ``(I)(i) In any case in which the Commissioner determines that the 
social security account numbers in the wage records provided to the 
Social Security Administration by an employer with respect to 10 or 
more employees do not match relevant records otherwise maintained by 
the Social Security Administration, the Commissioner shall promptly 
send to the employer a written notice--
            ``(I) informing the employer of the discrepancies,
            ``(II) requesting such information as may be in the 
        possession of the employer as would assist the Commissioner in 
        resolving the discrepancies, and
            ``(III) informing the employer that a copy of such notice 
        is being provided to the Secretary of Homeland Security to 
        assist such Secretary in the enforcement of applicable Federal 
        immigration laws relating to employment of individuals who are 
        not authorized to work in the United States.
    ``(ii) In any case in which the Commissioner sends a notice 
described in clause (i) with respect to employees of an employer, the 
Commissioner shall simultaneously transmit a copy of such notice to the 
Secretary of Homeland Security, including a listing of the names, 
addresses, and social security account numbers of such employees, 
according to the wage records described in clause (i), and any 
nonmatching information with respect to the names, addresses, or social 
security account numbers of such employees in the relevant records 
otherwise maintained by the Social Security Administration.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to determinations by the Commissioner of Social 
Security (that relevant records maintained by the Commissioner do not 
match social security account numbers provided to the Commissioner by 
employers) made on or after the date of the enactment of this Act.

SEC. 302. TIGHTENING REQUIREMENTS FOR THE PROVISION OF SOCIAL SECURITY 
              NUMBERS ON WITHHOLDING EXEMPTION CERTIFICATES.

    (a) In General.--Section 6724 of the Internal Revenue Code of 1986 
(relating to waiver; definitions and special rules) is amended by 
adding at the end the following new subsection:
    ``(f) Special Rules With Respect to Social Security Numbers on 
Withholding Exemption Certificates.--
            ``(1) Automatic waiver of penalty if social security number 
        verified.--No penalty shall be imposed under this part with 
        respect to the social security account number of an employee 
        furnished under section 6051(a)(2) if the employer verifies the 
        employee's identity pursuant to section 205(c)(2) of the Social 
        Security Act.
            ``(2) Reasonable cause waiver not to apply.--
                    ``(A) In general.--Subsection (a) shall not apply 
                with respect to the social security account number of 
                an employee furnished under section 6051(a)(2).
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                in any case in which the employer--
                            ``(i) receives confirmation of an 
                        individual's identity pursuant to section 
                        205(c)(2) of the Social Security Act, or
                            ``(ii) corrects a clerical error made by 
                        the employer with respect to the social 
                        security account number of an employee within 
                        60 days after notification under section 
                        205(c)(2)(I) of the Social Security Act that 
                        the social security account number contained in 
                        wage records provided to the Social Security 
                        Administration by the employer with respect to 
                        the employee does not match the social security 
                        account number of the employee contained in 
                        relevant records otherwise maintained by the 
                        Social Security Administration.''.
    (b) Increase in Penalty on Employer Providing False Employee Social 
Security Account Number.--Section 6721 of such Code (relating to 
imposition of penalty) is amended by adding at the end the following 
new subsection:
    ``(f) Increased Penalties for Failure to Furnish Correct Social 
Security Account Number.--In the case of a failure to furnish the 
correct social security account number under section 6051(a)(2)--
            ``(1) subsection (a)(1) shall be applied by substituting 
        `$500' for `$50' and `$2,500,000' for `$250,000',
            ``(2) subsection (b) shall not apply,
            ``(3) subsection (c) shall not apply,
            ``(4) subsection (d)(1)(A) shall be applied by substituting 
        `$500,000' for `$250,000', and
            ``(5) subsection (e) shall be applied by substituting 
        `$1,000' for `$100' in paragraph (2), and `$2,500,000' for 
        `$250,000' in paragraph (3)(A).''.
    (c)  Effective Dates.--
            (1) Subsection (a).--The amendment made by subsection (a) 
        shall apply to statements furnished after December 31, 2005.
            (2) Subsection (b).--The amendment made by subsection (b) 
        shall apply to failures occurring after December 31, 2005.

SEC. 303. ANNUAL REPORTS TO THE CONGRESS REGARDING LARGE EMPLOYERS WITH 
              THE LARGEST NUMBERS OF EMPLOYEES WITH NON-MATCHING SOCIAL 
              SECURITY ACCOUNT NUMBERS.

    Section 205(c)(2) of the Social Security Act (as amended by section 
301 of this title) is amended further by adding at the end the 
following new subparagraph:
    ``(J)(i) Not later than January 31 of 2006 and of each subsequent 
calendar year, the Commissioner of Social Security, in consultation 
with the Secretary of the Treasury, shall--
            ``(I) determine the 500 large employers who, during the 
        preceding calendar year, employed the largest number of 
        employees whose social security account numbers, as furnished 
        under section 6051(a)(2) of the Internal Revenue Code of 1986, 
        did not match relevant records otherwise maintained by the 
        Commissioner or such Secretary as of the end of such calendar 
        year,
            ``(II) determine the 250 large employers with the highest 
        percentages, expressed as a percentage of each employer's 
        workforce as of the end of such preceding calendar year, of 
        employees described in subclause (I), and
            ``(III) report to the Committee on Ways and Means of the 
        House of Representatives and the Committee on Finance of the 
        Senate the identities and addresses of the employers described 
        in subclause (I) and the identities and addresses of the 
        employers described in subclause (II) in connection with such 
        preceding calendar year.
    ``(ii) For purposes of this subparagraph--
            ``(I) The term `large employer' means, in connection with 
        any calendar year, an employer who normally employed more than 
        100 employees on a typical business day during the calendar 
        year.
            ``(II) In the case of an employer which was not in 
        existence throughout the calendar year, the determination of 
        whether such employer is a large employer shall be based on the 
        number of employees that it is reasonably expected such 
        employer will normally employ on business days in the 
        subsequent calendar year.
            ``(III) The Commissioner, in consultation with the 
        Secretary of the Treasury, may prescribe regulations which 
        provide for references in this clause to an employer to be 
        treated as including references to predecessors of such 
        employer.''.

SEC. 304. EXCLUSION OF UNAUTHORIZED WORK FROM WORK UPON WHICH 
              CREDITABLE EARNINGS MAY BE BASED.

    (a) Exclusion of Unauthorized Employment From Employment Upon Which 
Creditable Wages May Be Based.--Section 210(a)(19) of the Social 
Security Act (42 U.S.C. 410(a)(19)) is amended--
            (1) by striking ``(19) Service'' and inserting the 
        following:
            ``(19)(A) Service performed by an alien while employed in 
        the United States for any period during which the alien is not 
        authorized to be so employed.
            ``(B) Service''.
    (b) Exclusion of Unauthorized Functions and Services From Trade or 
Business From Which Creditable Self-Employment Income May Be Derived.--
Section 211(c) of the Social Security Act (42 U.S.C. 411(c)) is amended 
by inserting after paragraph (6) the following new paragraph:
            ``(7) The performance of a function or service in the 
        United States by an alien during any period for which the alien 
        is not authorized to perform such function or service in the 
        United States.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to wages earned, and self-employment income derived, 
before, on, or after the date of the enactment of this Act, except that 
such amendments shall not apply with respect to monthly insurance 
benefits under title II of the Social Security Act of individuals who 
became eligible for such benefits for a month beginning before the date 
of the enactment of this Act. For purposes of this subsection, an 
individual shall be deemed eligible for a benefit for a month if, upon 
filing application therefor in such month, such individual would be 
entitled to such benefit for such month.

              TITLE IV--WORK AUTHORIZATION AND ENFORCEMENT

SEC. 401. REQUIREMENT FOR EMPLOYERS TO CONDUCT EMPLOYMENT ELIGIBILITY 
              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 as the ``Employment Eligibility 
Verification System'' (and is referred to in this section as such).
    (b) Extension of Scope of Program.--The Secretary of Homeland 
Security shall provide for the implementation of the Employment 
Eligibility Verification System throughout the United States on a 
timely basis, consistent with the implementation of subsection (c) and 
such System shall continue in operation until the implementation of the 
employment eligibility verification system established under the 
succeeding provisions of this title.
    (c) Requirement for Use of Employment Eligibility Verification.--
            (1) In general.--Subject to paragraph (3), any person or 
        other entity that hires any individual for employment in the 
        United States, including the Federal Government and any 
        contractors of the Federal Government, shall participate in the 
        Employment Eligibility Verification System.
            (2) Sanctions for noncompliance; continuation of current 
        compliance authority.--The provisions of paragraph (2) of 
        section 402(e) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (division C of Public Law 104-208; 8 
        U.S.C. 1324a note) shall apply with respect to a person or 
        entity required to participate in the Employment Eligibility 
        Verification System in the same manner as such paragraph 
        applies to a person or entity required to participate under 
        such subsection.
            (3) Effective date.--The requirement of paragraph (1) 
        applies to individuals hired on or after the date that is 30 
        days after the date of the enactment of this Act.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be required to carry out the Employment 
Eligibility Verification System throughout the United States.

SEC. 402. AMENDMENTS TO THE SOCIAL SECURITY ACT RELATING TO 
              IDENTIFICATION OF INDIVIDUALS.

    (a) Antifraud Measures for Social Security Cards.--Section 
205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)) is 
amended--
            (1) by inserting ``(i)'' after ``(G)'';
            (2) by striking ``banknote paper'' and inserting ``durable 
        plastic or similar material''; and
            (3) by adding at the end the following new clauses:
    ``(ii) Each Social Security card issued under this subparagraph 
shall include an encrypted machine-readable electronic identification 
strip which shall be unique to the individual to whom the card is 
issued. The Commissioner shall develop such electronic identification 
strip in consultation with the Secretary of Homeland Security, so as to 
enable employers to use such strip in accordance with section 
274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
1324a(a)(1)(B)) to obtain access to the Employment Eligibility Database 
established by such Secretary pursuant to section 4 of such Act with 
respect to the individual to whom the card is issued.
    ``(iii) Each Social Security card issued under this subparagraph 
shall contain--
            ``(I) physical security features designed to prevent 
        tampering, counterfeiting, or duplication of the card for 
        fraudulent purposes; and
            ``(II) a disclaimer stating the following: `This card shall 
        not be used for the purpose of identification.'.
    ``(iv) The Commissioner shall provide for the issuance (or 
reissuance) to each individual who--
            ``(I) has been assigned a Social Security account number 
        under subparagraph (B),
            ``(II) has attained the minimum age applicable, in the 
        jurisdiction in which such individual engages in employment, 
        for legally engaging in such employment, and
            ``(III) files application for such card under this clause 
        in such form and manner as shall be prescribed by the 
        Commissioner,
a Social Security card which meets the preceding requirements of this 
subparagraph and which includes a recent digitized photograph of the 
individual to whom the card is issued.
    ``(v) The Commissioner shall maintain an ongoing effort to develop 
measures in relation to the Social Security card and the issuance 
thereof to preclude fraudulent use thereof.''.
    (b) Sharing of Information With the Secretary of Homeland 
Security.--Section 205(c)(2) of such Act is amended by adding at the 
end the following new subparagraph:
    ``(I) Upon the issuance of a Social Security account number under 
subparagraph (B) to any individual or the issuance of a Social Security 
card under subparagraph (G) to any individual, the Commissioner of 
Social Security shall transmit to the Secretary of Homeland Security 
such information received by the Commissioner in the individual's 
application for such number or such card as such Secretary determines 
necessary and appropriate for administration of the Enforcement First 
Immigration Reform Act of 2005. Such information shall be used solely 
for inclusion in the Employment Eligibility Database established 
pursuant to section 4 of such Act.''.
    (c) Effective Dates.--The amendment made by subsection (a) shall 
apply with respect to Social Security cards issued after 2 years after 
the date of the enactment of this title. The amendment made by 
subsection (b) shall apply with respect to the issuance of Social 
Security account numbers and Social Security cards after 2 years after 
the date of the enactment of this title.

SEC. 403. EMPLOYMENT ELIGIBILITY DATABASE.

    (a) In General.--The Secretary of Homeland Security shall establish 
and maintain an Employment Eligibility Database. The Database shall 
include data comprised of the citizenship status of individuals and the 
work and residency eligibility information (including expiration dates) 
with respect to individuals who are not citizens or nationals of the 
United States but are authorized to work in the United States. Such 
data shall include all such data maintained by the Department of 
Homeland Security as of the date of the establishment of such database 
and information obtained from the Commissioner of Social Security 
pursuant to section 205(c)(2)(I) of the Social Security Act. The 
Secretary shall maintain ongoing consultations with the Commissioner to 
ensure efficient and effective operation of the Database.
    (b) Incorporation of Ongoing Pilot Programs.--To the extent that 
the Secretary determines appropriate in furthering the purposes of 
subsection (a), the Secretary may incorporate the information, 
processes, and procedures employed in connection with the Citizen 
Attestation Verification Pilot Program and the Employment Eligibility 
Verification Program into the operation and maintenance of the Database 
under subsection (a).
    (c) Confidentiality.--
            (1) In general.--No officer or employee of the Department 
        of Homeland Security shall have access to any information 
        contained in the Database for any purpose other than--
                    (A) the establishment of a system of records 
                necessary for the effective administration of this 
                title; or
                    (B) any other purpose the Secretary of Homeland 
                Security deems to be in the national security interests 
                of the United States.
            (2) Restriction.--The Secretary shall restrict access to 
        such information to officers and employees of the United States 
        whose duties or responsibilities require access for the 
        purposes described in paragraph (1).
            (3) Other safeguards.--The Secretary shall provide such 
        other safeguards as the Secretary determines to be necessary or 
        appropriate to protect the confidentiality of information 
        contained in the Database.
    (d) Deadline for Meeting Requirements.--The Secretary shall 
complete the establishment of the Database and provide for the 
efficient and effective operation of the Database in accordance with 
this section not later than 2 years after the date of the enactment of 
this title.

SEC. 404. REQUIREMENTS RELATING TO INDIVIDUALS COMMENCING WORK IN THE 
              UNITED STATES.

    (a) Requirements for Employers and Employees.--Section 274A(a)(1) 
of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(1)) is 
amended to read as follows:
            ``(1) In general.--
                    ``(A) Requirements for employees.--No individual 
                may commence employment with an employer in the United 
                States unless such individual has--
                            ``(i) obtained a Social Security card 
                        issued by the Commissioner of Social Security 
                        meeting the requirements of section 
                        205(c)(2)(G)(iii) of the Social Security Act; 
                        and
                            ``(ii) displayed such card to the employer 
                        pursuant to the employer's request for purposes 
                        of the verification required under subparagraph 
                        (B).
                    ``(B) Requirements for employers.--
                            ``(i) In general.--No employer may hire for 
                        employment an individual in the United States 
                        in any capacity unless such employer verifies 
                        under this subparagraph that such individual 
                        has in his or her possession a Social Security 
                        card issued to such individual pursuant to 
                        section 205(c)(2)(G) of the Social Security Act 
                        which bears a photograph of such individual and 
                        that such individual is authorized to work in 
                        the United States in such capacity. Such 
                        verification shall be made in accordance with 
                        procedures prescribed by the Secretary of 
                        Homeland Security for the purposes of ensuring 
                        against fraudulent use of the card and accurate 
                        and prompt verification of the authorization of 
                        such individual to work in the United States in 
                        such capacity.
                            ``(ii) Verification procedures.--Such 
                        procedures shall include use of--
                                    ``(I) a phone verification system 
                                which shall be established by the 
                                Secretary; or
                                    ``(II) a card-reader verification 
                                system employing a device approved by 
                                the Secretary as capable of reading the 
                                electronic identification strip borne 
                                by the card so as to verify the 
                                identity of the card holder and the 
                                card holder's authorization to work, 
                                and which is made available at minimal 
                                cost to the employer.
                            ``(iii) Security and effectiveness.--The 
                        Secretary shall ensure that the phone 
                        verification system described in subparagraph 
                        (I) of clause (ii) is as secure and effective 
                        as the card-reader verification system 
                        described in subparagraph (II) of such clause.
                            ``(iv) Access to database.--The Secretary 
                        shall ensure that, by means of such procedures, 
                        the employer will have such access to the 
                        Employment Eligibility Database established and 
                        operated by the Secretary pursuant to section 4 
                        of the Enforcement First Immigration Reform Act 
                        of 2005 as to enable the employer to obtain 
                        information, relating to the citizenship, 
                        residency, and work eligibility of the 
                        individual seeking employment by the employer 
                        in any capacity, which is necessary to inform 
                        the employer as to whether the individual is 
                        authorized to work for the employer in the 
                        United States in such capacity.
                            ``(v) Defense.--An employer who establishes 
                        that the employer complied in good faith with 
                        the requirements of this subparagraph shall not 
                        be liable for hiring an unauthorized alien, 
                        if--
                                    ``(I) such hiring occurred due to 
                                an error in the phone verification 
                                system, the card-reader verification 
                                system, or the Employment Eligibility 
                                Database which was unknown to the 
                                employer at the time of such hiring; 
                                and
                                    ``(II) the employer terminates that 
                                employment of the alien upon being 
                                informed of the error.''.
    (b) Conforming Amendments.--Section 274A of the Immigration and 
Nationality Act (8 U.S.C. 1324a) is amended--
            (1) in subsection (a), by striking paragraphs (3), (5), and 
        (6) and redesignating paragraphs (4) and (7) as paragraphs (3) 
        and (4), respectively;
            (2) in subsection (b)--
                    (A) by striking ``Attorney General'' each place 
                such term appears and inserting ``Secretary of Homeland 
                Security'';
                    (B) by amending the matter preceding paragraph (2) 
                to read as follows:
    ``(b) Employment Verification Forms.--
            ``(1) Employer attestation of compliance.--The verification 
        procedures prescribed under subsection (a)(1)(B) shall include 
        an attestation, made under penalty of perjury and on a form 
        designated or established by the Secretary of Homeland Security 
        by regulation, that the employer has complied with such 
        procedures.''; and
                    (C) by striking paragraph (6);
            (3) by striking subsection (d); and
            (4) by amending subsection (h)(3) to read as follows:
            ``(3) Definitions.--For purposed of this section:
                    ``(A) The term `authorized to work in the United 
                States', when applied to an individual, means that the 
                individual is not an unauthorized alien.
                    ``(B) The term `employer' means--
                            ``(i) any person or entity who hires an 
                        individual; or
                            ``(ii) any individual earning self-
                        employment income (as defined in section 211(b) 
                        of the Social Security Act (42 U.S.C. 411(b))).
                    ``(C) The term `employee' shall have the meaning 
                given such term in section 210(j) of the Social 
                Security Act (42 U.S.C. 410(j)).
                    ``(D) The term `hire' means to hire an individual, 
                or to recruit or refer for a fee an individual, for 
                employment in the United States.
                    ``(E) The term `unauthorized alien' means, with 
                respect to the employment of an alien at a particular 
                time, that the alien is not at that time--
                            ``(i) an alien lawfully admitted for 
                        permanent residence; or
                            ``(ii) authorized to be so employed by this 
                        Act or by the Secretary of Homeland 
                        Security.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 2 years after the date of the enactment of this title and shall 
apply to employment of any individual in any capacity commencing on or 
after such effective date.

SEC. 405. COMPLIANCE.

    (a) In General.--Section 274A(e) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(e)) is amended to read as follows:
    ``(e) Compliance.--
            ``(1) Civil penalty.--
                    ``(A) In general.--The Secretary of Homeland 
                Security may assess a penalty, payable to the 
                Secretary, against any employer who--
                            ``(i) hires an individual for employment in 
                        the United States in any capacity who is known 
                        by the employer not to be authorized to work in 
                        the United States in such capacity; or
                            ``(ii) fails to comply with the procedures 
                        prescribed by the Secretary pursuant to this 
                        section in connection with the employment of 
                        any individual.
                    ``(B) Amount.--Such penalty shall not exceed 
                $50,000 for each occurrence of a violation described in 
                subparagraph (A) with respect to the individual, plus, 
                in the event of the removal of such individual from the 
                United States based on findings developed in connection 
                with the assessment or collection of such penalty, the 
                costs incurred by the Federal Government, cooperating 
                State and local governments, and State and local law 
                enforcement agencies, in connection with such removal.
            ``(2) Actions by secretary.--If any person is assessed 
        under paragraph (1) and fails to pay the assessment when due, 
        or any person otherwise fails to meet any requirement of this 
        section, the Secretary may bring a civil action in any district 
        court of the United States within the jurisdiction of which 
        such person's assets are located or in which such person 
        resides or is found for the recovery of the amount of the 
        assessment or for appropriate equitable relief to redress the 
        violation or enforce the provisions of this section, and 
        process may be served in any other district. The district 
        courts of the United States shall have jurisdiction over 
        actions brought under this section by the Secretary without 
        regard to the amount in controversy.
            ``(3) Criminal penalty.--Any person who--
                    ``(A) hires for employment any individual in the 
                United States in any capacity who such person knows not 
                to be authorized to work in the United States in such 
                capacity; or
                    ``(B) hires for employment any individual in the 
                United States and fails to comply with the procedures 
                prescribed by the Secretary pursuant to section 5(b) in 
                connection with the hiring of such individual;
        shall upon conviction be fined in accordance with title 18, 
        United States Code, or imprisoned for not more than 1 year for 
        each such offense (not to exceed 5 years for all such 
        offenses), or both.''.
    (b) Conforming Amendments.--Section 274A of the Immigration and 
Nationality Act (8 U.S.C. 1324a) is amended--
            (1) in subsection (g)(2), by striking ``hearing under 
        subsection (e),'' and inserting ``hearing,'';
            (2) by striking subsection (f); and
            (3) by redesignating subsections (e), (g), and (h) as 
        subsections (d), (e), and (f), respectively.
    (c) Effective Date.--The amendments made by this section shall take 
effect 2 years after the date of the enactment of this title and shall 
apply to employment of any individual in any capacity commencing on or 
after such effective date.

SEC. 406. INCREASE IN PERSONNEL ENSURING COMPLIANCE WITH PROHIBITIONS 
              ON UNLAWFUL EMPLOYMENT OF ALIENS .

    Beginning with first fiscal year that begins after the date of the 
enactment of this Act, the Secretary of Homeland Security shall, 
subject to the availability of appropriations for such purpose, 
increase by not less than 10,000 the number of positions within the 
Department of Homeland Security for full-time personnel charged with 
carrying out section 274A(d) of the Immigration and Nationality Act (8 
U.S.C. 1324a(d)), as amended by section 405 of this title, above the 
number of such positions for which funds were made available for fiscal 
year 2004.

SEC. 407. INTEGRATION OF FINGERPRINTING DATABASES.

    The Secretary of Homeland Security and the Attorney General of the 
United States shall jointly undertake to integrate the fingerprint 
database maintained by the Department of Homeland Security with the 
fingerprint database maintained by the Federal Bureau of Investigation. 
The integration of databases pursuant to this section shall be 
completed not later than 2 years after the date of the enactment of 
this title.

SEC. 408. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Department of Homeland Security.--Except as otherwise provided 
in this title, there are authorized to be appropriated to the 
Department of Homeland Security for each fiscal year beginning with the 
first fiscal year that begins after the date of the enactment of this 
Act, such sums as may be necessary to carry out this title and the 
amendments made by this title, of which not less than $100,000,000 
shall be for the purpose of carrying out section 274A(d) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended by 
section 406 of this title.
    (b) Social Security Administration.--There are authorized to be 
appropriated to the Social Security Administration for each fiscal year 
beginning with the first fiscal year that begins after the date of the 
enactment of this Act, such sums as are necessary to carry out the 
amendments made by section 403.

SEC. 409. RULES OF CONSTRUCTION.

    (a) In General.--Nothing in this title shall be construed--
            (1) to require the presentation of a Social Security card 
        for any purpose other than--
                    (A) for the administration and enforcement of the 
                Social Security laws of the United States; or
                    (B) for the purpose of implementing and enforcing 
                this title and the amendments made by this title; or
            (2) to require the Social Security card to be carried by an 
        individual.
    (b) No National Identification Card.--It is the policy of the 
United States that the Social Security card shall not be used as a 
national identification card.

                TITLE V--SECURE IDENTIFICATION STANDARDS

SEC. 501. PROHIBITION ON ACCEPTANCE OF IDENTIFICATION ISSUED BY FOREIGN 
              GOVERNMENTS.

    (a) In General.--A Federal agency may not accept, for any official 
purpose, an identification document for an individual if the 
identification document is issued by a foreign government.
    (b) Exception.--If a passport issued by a foreign government is 
authorized by Federal law to be accepted for a specific official 
purpose on the date of the enactment of this title, subsection (a) 
shall not be construed to affect such authorization.
    (c) Definition.--For purposes of this section, the term ``Federal 
agency'' means--
            (1) an Executive agency (as defined in section 105 of title 
        5, United States Code);
            (2) a military department (as defined in section 102 of 
        title 5, United States Code);
            (3) an office, agency, or other establishment in the 
        legislative branch of the Government of the United States;
            (4) an office, agency, or other establishment in the 
        judicial branch of the Government of the United States; and
            (5) the government of the District of Columbia.

SEC. 502. FOREIGN-ISSUED FORMS OF IDENTIFICATION PROHIBITED AS PROOF OF 
              IDENTITY TO OPEN ACCOUNTS AT FINANCIAL INSTITUTIONS.

    Section 5318(l) of title 31, United States Code (relating to 
identification and verification of accountholders) is amended--
            (1) by redesignating paragraph (6) as paragraph (7); and
            (2) by inserting after paragraph (5) the following new 
        paragraph:
            ``(6) Prohibition on use of identification issued by a 
        foreign government.--A financial institution may not accept any 
        form of identification that was issued by a foreign government, 
        other than a passport, for use in verifying the identity of a 
        person in connection with the opening of an account by such 
        person at the financial institution, including a matricula 
        consular issued in the United States by a duly authorized 
        consular officer of the Government of Mexico.''.

SEC. 503. 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. 504. CHANGE IN FORMAT OF INDIVIDUAL TAXPAYER IDENTIFICATION 
              NUMBERS (ITINS).

    Notwithstanding any other provision of law, the Secretary of the 
Treasury shall, not later than one year after the date of the enactment 
of this Act, modify the format of Individual Taxpayer Identification 
Numbers (ITINs) in a manner so that they no longer resemble social 
security account numbers.

SEC. 505. SHARING ITIN-RELATED INFORMATION.

    Notwithstanding any other provision of law, the Commissioner of 
Internal Revenue is authorized to, and shall, share with the Secretary 
of Homeland Security the names and addresses of individuals with 
assigned Individual Taxpayer Identification Numbers as the Secretary 
may certify as necessary for the enforcement of Federal immigration 
laws.

SEC. 506. 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.

                 TITLE VI--REFORM OF LEGAL IMMIGRATION

SEC. 601. INCREASE IN EMPLOYMENT BASED VISAS.

    Notwithstanding any other provision of law, the number of 
employment-based visas made available under sections 201(d) and 203(b) 
of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1153(b)) for 
each fiscal year (beginning with the first fiscal year beginning after 
the date of the enactment of this Act) is hereby increased by 120,000.

SEC. 602. INCREASE IN CAP ON UNSKILLED WORKERS.

    (a) In General.--Section 203(b)(3)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1153(b)(3)(B)) is amended by striking 
``10,000'' and inserting ``20,000''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply for visa numbers for fiscal years beginning with the first fiscal 
year beginning after the date of the enactment of this Act.

SEC. 603. ELIMINATION OF FAMILY 4TH PREFERENCE VISA CATEGORY FOR ADULT 
              SIBLINGS OF CITIZENS.

    (a) In General.--Section 203(a) of the Immigration and Nationality 
Act (8 U.S.C. 1153(a)) is amended--
            (1) in paragraph (1), by striking ``paragraph (4)'' and 
        inserting ``paragraph (3)''; and
            (2) by striking paragraph (4).
    (b) Conforming Amendments.--(1) Section 201(c)(1)(A)(i) of such Act 
(8 U.S.C. 1151(c)(1)(A)(i)) is amended by striking ``480,000'' and 
inserting ``415,000''.
    (2) Section 204(a)(1)(A)(i) of such Act (8 U.S.C. 1154(a)(1)(A)(i)) 
is amended by striking ``(1), (3), or (4)'' and inserting ``(1) or 
(3)''.
    (3) Section 212(d)(11) of such Act (8 U.S.C. 1182(d)(11)) is 
amended by striking ``(other than paragraph (4) thereof)''.
    (c) Effective Date.--The amendments made by this section shall 
apply for visa numbers for fiscal years beginning with the first fiscal 
year beginning after the date of the enactment of this Act.

SEC. 604. 3-YEAR MORATORIUM ON IMMIGRANT VISAS FOR MEXICAN NATIONALS.

    Notwithstanding any other provision of law, no native of Mexico (as 
determined for purposes of section 202(b) of the Immigration and 
Nationality Act) shall be eligible for an immigrant visa under section 
203(a) or 203(b) of such Act for any of the 3 fiscal years beginning 
with the first fiscal year that begins after the date of the enactment 
of this Act.

SEC. 605. LIMITATION ON NUMBER OF FAMILY-SPONSORED IMMIGRANT VISAS FROM 
              MEXICO.

    Notwithstanding any other provision of law, the number of immigrant 
visas that may be issued to natives of Mexico under section 203(a) of 
the Immigration and Nationality Act in any fiscal year (beginning with 
the fiscal year after the last fiscal yaer in which section 604 
applies) may not exceed 50,000.

SEC. 606. ELIMINATION OF DIVERSITY LOTTERY VISA CATEGORY.

    (a) In General.--Section 203 of the Immigration and Nationality Act 
(8 U.S.C. 1153) is amended by striking subsection (c).
    (b) Conforming Amendments.--
            (1) Section 201 of the Immigration and Nationality Act (8 
        U.S.C. 1151) is amended--
                    (A) in subsection (a)--
                            (i) by adding ``and'' at the end of 
                        paragraph (1);
                            (ii) by striking ``; and'' at the end of 
                        paragraph (2) and inserting a period; and
                            (iii) by striking paragraph (3); and
                    (B) by striking subsection (e).
            (2) Section 203 of such Act (8 U.S.C. 1153) is amended--
                    (A) in subsections (d) and (h)(2)(B), by striking 
                ``subsection (a), (b), or (c)'' and inserting 
                ``subsection (a) or (b)''; and
                    (B) in subsection (g), by striking ``subsections 
                (a), (b), and (c)'' and inserting ``subsections (a) and 
                (b)''.
            (3) Section 204(a)(1) of such Act (8 U.S.C. 1154(a)(1)) is 
        amended by striking subparagraph (I).
    (c) Effective Date.--The amendments made by this section shall 
apply for visa numbers for fiscal years beginning with the first fiscal 
year beginning after the date of the enactment of this Act.

SEC. 607. ANNUAL REPORT ON PROJECTED JOB CREATION AND FOREIGN LABOR 
              DEMAND.

    The Secretary of Labor shall submit to Congress, not later than 
April 1 of each year (beginning with 2006), a report on projected job 
creation in the United States and the demand for both immigrant and 
nonimmigrant foreign laborers over each of the succeeding five fiscal 
years.

SEC. 608. VISA TERM COMPLIANCE BONDS.

    (a) Definitions.--For purposes of this section:
            (1) Visa term compliance bond.--The term ``visa term 
        compliance bond'' means a written suretyship undertaking 
        entered into by an alien individual seeking admission to the 
        United States of America on a nonimmigrant visa whose 
        performance is guaranteed by a bail agent.
            (2) Suretyship undertaking.--The term ``suretyship 
        undertaking'' means a written agreement, executed by a bail 
        agent, which binds all parties to its certain terms and 
        conditions and which provides obligations for the visa 
        applicant while under the bond and penalties for forfeiture to 
        ensure the obligations of the principal under the agreement.
            (3) Bail agent.--The term ``bail agent'' means any 
        individual properly licensed, approved, and appointed by power 
        of attorney to execute or countersign bail bonds in connection 
        with judicial proceedings and who receives a premium.
            (4) Surety.--The term ``surety'' means an entity, as 
        defined by, and that is in compliance with, sections 9304 
        through 9308 of title 31, United States Code, that agrees--
                    (A) to guarantee the performance, where 
                appropriate, of the principal under a visa term 
                compliance bond;
                    (B) to perform as required in the event of a 
                forfeiture; and
                    (C) to pay over the principal (penal) sum of the 
                bond for failure to perform.
    (b) Issuance of Bond.--A consular officer may require an applicant 
for a nonimmigrant visa, as a condition for granting such application, 
to obtain a visa term compliance bond.
    (c) Validity, Expiration, Renewal, and Cancellation of Bonds.--
            (1) Validity.--A visa term compliance bond undertaking is 
        valid if it--
                    (A) states the full, correct, and proper name of 
                the alien principal;
                    (B) states the amount of the bond;
                    (C) is guaranteed by a surety and countersigned by 
                an attorney-in-fact who is properly appointed;
                    (D) is an original signed document;
                    (E) is filed with the Secretary of Homeland 
                Security along with the original application for a 
                visa; and
                    (F) is not executed by electronic means.
            (2) Expiration.--A visa term compliance bond undertaking 
        shall expire at the earliest of--
                    (A) 1 year from the date of issue;
                    (B) at the expiration, cancellation, or surrender 
                of the visa; or
                    (C) immediately upon nonpayment of the premium.
            (3) Renewal.--The bond may be renewed--
                    (A) annually with payment of proper premium at the 
                option of the bail agent or surety; and
                    (B) provided there has been no breech of 
                conditions, default, claim, or forfeiture of the bond.
            (4) Cancellation.--The bond shall be canceled and the 
        surety and bail agent exonerated--
                    (A) for nonrenewal;
                    (B) if the surety or bail agent provides reasonable 
                evidence that there was misrepresentation or fraud in 
                the application for the bond;
                    (C) upon termination of the visa;
                    (D) upon death, incarceration of the principal, or 
                the inability of the surety to produce the principal 
                for medical reasons;
                    (E) if the principal is detained in any city, 
                State, country, or political subdivision thereof;
                    (F) if the principal departs from the United States 
                of America for any reason without permission of the 
                Secretary of Homeland Security and the surety or bail 
                agent; or
                    (G) if the principal is surrendered by the surety.
            (5) Effect of expiration or cancellation.--When a visa term 
        compliance bond expires without being immediately renewed, or 
        is canceled, the nonimmigrant status of the alien shall be 
        revoked immediately.
            (6) Surrender of principal; forfeiture of bond premium.--
                    (A) Surrender.--At any time before a breach of any 
                of the conditions of the bond, the surety or bail agent 
                may surrender the principal, or the principal may 
                surrender, to any office or facility of the Department 
                of Homeland Security charged with immigration 
                enforcement or border protection.
                    (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 Department of Homeland Security 
                        charged with immigration enforcement or 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) Breech of bond; procedure, forfeiture, 
                notice.--
                            (i) If a visa holder violates any 
                        conditions of the visa or the visa bond the 
                        Secretary of Homeland Security shall--
                                    (I) order the visa canceled;
                                    (II) immediately obtain a warrant 
                                for the visa holder's arrest;
                                    (III) order the bail agent and 
                                surety to take the visa holder into 
                                custody and surrender the visa holder 
                                to 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 304 of the 
                        Securing America's Future through Enforcement 
                        Reform 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 of Homeland Security 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. This 
                                subclause 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--
                                            (bb) by the bond holder's 
                                        illness or death;
                                            (cc) because the bond 
                                        holder is detained in custody 
                                        in any city, State, country, or 
                                        political subdivision thereof;
                                            (dd) 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
                                            (ee) because required 
                                        notice was not given to the 
                                        bail agent or surety; and
                                    (ff) prove within 180 days that the 
                                inability to produce the bond holder 
                                was not with the consent or connivance 
                                of the bail agent or sureties.
                            (v) If the bail agent or surety does not 
                        comply with the terms of this bond within 60 
                        days after the mailing of the notice required 
                        under subparagraph (A)(i)(IV), a portion of the 
                        face value of the bond shall be assessed as a 
                        penalty against the surety.
                            (vi) If compliance occurs more than 60 days 
                        but no more than 90 days after the mailing of 
                        the notice, the amount assessed shall be one-
                        third of the face value of the bond.
                            (vii) If compliance occurs more than 90 
                        days, but no more than 180 days, after the 
                        mailing of the notice, the amount assessed 
                        shall be two-thirds of the face value of the 
                        bond.
                            (viii) If compliance does not occur within 
                        180 days after the mailing of the notice, the 
                        amount assessed shall be 100 percent of the 
                        face value of the bond.
                            (ix) All penalty fees shall be paid by the 
                        surety within 45 days after the end of such 
                        180-day period.
                    (B) The Secretary of Homeland Security may waive 
                the penalty fees or extend the period for payment or 
                both, if--
                            (i) a written request is filed with the 
                        Secretary; and
                            (ii) the bail agent or surety provides 
                        evidence satisfactory to the Secretary that 
                        diligent efforts were made to effect compliance 
                        of the visa holder.
                    (C) Compliance; exoneration; limitation of 
                liability.--
                            (i) Compliance.--The bail agent or surety 
                        shall have the absolute right to locate, 
                        apprehend, arrest, detain, and surrender any 
                        visa holder, wherever he or she may be found, 
                        who violates any of the terms and conditions of 
                        the visa or bond.
                            (ii) Exoneration.--Upon satisfying any of 
                        the requirements of the bond, the surety shall 
                        be completely exonerated.
                            (iii) Limitation of liability.--The total 
                        liability on any undertaking shall not exceed 
                        the face amount of the bond.

SEC. 609. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.

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

SEC. 610. 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.

                     TITLE VII--CITIZENSHIP REFORM

SEC. 701. CITIZENSHIP AT BIRTH FOR CHILDREN OF NON-CITIZEN, NON-
              PERMANENT RESIDENT ALIENS.

    (a) In General.--Section 101 of the Immigration and Nationality Act 
(8 U.S.C. 1101) is amended by inserting after subsection (c) the 
following new subsection:
    ``(d) For purposes of section 301(a), a person born in the United 
States shall be considered as `subject to the jurisdiction of the 
United States' if--
            ``(1) the child was born in wedlock in the United States to 
        a parent either of whom is (A) a citizen or national of the 
        United States, or (B) an alien who is lawfully admitted for 
        permanent residence and maintains his or her residence (as 
        defined in subsection (a)(33)) in the United States; or
            ``(2) the child was born out of wedlock in the United 
        States to a mother who is (A) a citizen or national of the 
        United States, or (B) an alien who is lawfully admitted for 
        permanent residence and maintains her residence in the United 
        States.
For purposes of this subsection, a child is considered to be `born in 
wedlock' only if both parents are married to each other and parents are 
not considered to be married if such marriage is only a common law 
marriage.''.
    (b) Conforming Amendment.--Section 301 of such Act (8 U.S.C. 1401) 
is amended by inserting ``(as defined in section 101(d))'' after 
``subject to the jurisdiction thereof''.
    (c) Effective Date.--The amendments made by this section shall 
apply to aliens born on or after the date of the enactment of this Act.

SEC. 702. SANCTIONS FOR ACTS VIOLATING THE OATH OF RENUNCIATION AND 
              ALLEGIANCE..

    (a) In General.--Subject to subsection (b), each of the following 
acts performed by a naturalized citizen of the United States is deemed 
a violation of the Oath of Renunciation and Allegiance that was taken 
voluntarily by the citizen and are subject to a fine of $10,000, 
imprisonment for one year, or both:
            (1) Voting in an election of the foreign state in which the 
        persons were previously a subject or citizen.
            (2) Running for elective office of the foreign state in 
        which the persons were previously a subject or citizen.
            (3) Serving in any government body (executive, legislative, 
        or judicial, national, provincial, or local) of the foreign 
        state in which the persons were previously a subject or 
        citizen.
            (4) Using the passport of the foreign state in which the 
        persons were previously a subject or citizen.
            (5) Taking an oath of allegiance to the foreign state in 
        which the persons were previously a subject or citizen.
            (6) Serving in the armed forces of the foreign state in 
        which the persons were previously a subject or citizen.
    (b) Exception Authority.--In exceptional cases a naturalized 
citizen may obtain a waiver and exemption from the sanction imposed by 
subsection (a) with respect to an act if the Secretary of State (or in 
the case of an act described in subsection (a)(6), the Secretary of 
Defense) determines that the act is in the national interest of the 
United States. Such waivers shall be granted in advance on a case-by-
case basis by the Secretary involved.
    (c) Informing Applicants for Citizenship That the United States 
Concerning Sanctions.--The Secretary of Homeland Security shall inform 
applicants for United States citizenship of the provisions of this 
section and shall incorporate knowledge and understanding of these 
provisions into the history and government test that applicants are 
required to complete for citizenship.
    (d) Effective Date.--Subsection (a) shall apply to acts performed 
on or after the date of the enactment of this Act.

SEC. 703. POLICY OF DISCOURAGEMENT OF DUAL/MULTIPLE CITIZENSHIP.

    The Secretary of State shall revise the 1990 memoranda and 
directives on dual citizenship and dual nationality and return to the 
traditional policy of the Department of State of viewing dual/multiple 
citizenship as problematic and as something to be discouraged not 
encouraged.

SEC. 704. INFORMING BIRTH NATIONS OF THEIR PREVIOUS CITIZENS' NEW 
              STATUS AS AMERICAN CITIZENS.

    (a) In General.--In the case of an individual who formerly a native 
of a foreign state and who is naturalized as a citizen of the United 
States, the Secretary of State shall provide for notice to consular 
officials of such foreign state--
            (1) of the fact of such naturalization and that such 
        individual is no longer subject to that states's jurisdiction; 
        and
            (2) that the United State rejects the doctrine ``perpetual 
        allegiance''.
    (b) Effective Date.--Subsection (a) applies to individuals 
naturalized on or after the date of the enactment of this Act.

             TITLE VIII--WAGES PAID TO UNAUTHORIZED ALIENS

SEC. 801. CLARIFICATION THAT WAGES PAID TO UNAUTHORIZED ALIENS MAY NOT 
              BE DEDUCTED FROM GROSS INCOME.

    (a) In General.--Subsection (c) of section 162 of the Internal 
Revenue Code of 1986 (relating to illegal bribes, kickbacks, and other 
payments) is amended by adding at the end the following new paragraph:
            ``(4) Wages paid to or on behalf of unauthorized aliens.--
                    ``(A) In general.--No deduction shall be allowed 
                under subsection (a) for any wage paid to or on behalf 
                of an unauthorized alien, as defined under section 
                274A(h)(3) of the Immigration and Nationality Act (8 
                U.S.C. 1324a(h)(3)).
                    ``(B) Wages.--For the purposes of this paragraph, 
                the term `wages' means all remuneration for employment, 
                including the cash value of all remuneration (including 
                benefits) paid in any medium other than cash.
                    ``(C) Safe harbor.--If a person or other entity is 
                participating in the basic pilot program described in 
                section 403 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
                note) and obtains confirmation of identity and 
                employment eligibility in compliance with the terms and 
                conditions of the program with respect to the hiring 
                (or recruitment or referral) of an employee, 
                subparagraph (A) shall not apply with respect to wages 
                paid to such employee.''.
    (b) 6-Year Limitation on Assessment and Collection.--Subsection (c) 
of section 6501 of such Code (relating to exceptions) is amended by 
adding at the end the following new paragraph:
            ``(10) Deduction claimed for wages paid to unauthorized 
        aliens.--In the case of a return of tax on which a deduction is 
        shown in violation of section 162(c)(4), any tax under chapter 
        1 may be assessed, or a proceeding in court for the collection 
        of such tax may be begun without assessment, at any time within 
        6 years after the return was filed.''.
    (c) Use of Documentation for Enforcement Purposes.--Section 274A of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
is amended--
            (1) in subparagraph (b)(5), by inserting ``, section 
        162(c)(4) of the Internal Revenue Code of 1986,'' after 
        ``enforcement of this chapter'';
            (2) in subparagraph (d)(2)(F), by inserting ``, section 
        162(c)(4) of the Internal Revenue Code of 1986,'' after 
        ``enforcement of this chapter''; and
            (3) in subparagraph (d)(2)(G), by inserting ``section 
        162(c)(4) of the Internal Revenue Code of 1986 or'' after ``or 
        enforcement of''.
    (d) Availability of Information.--The Commissioner of Social 
Security shall make available to the Commissioner of Internal Revenue 
any information related to the investigation and enforcement of section 
162(c)(4) of the Internal Revenue Code of 1986, including any no-match 
letter and any information in the suspense earnings file.
    (e) Effective Date.--
            (1) Except as provided in paragraph (2), this section and 
        the amendments made by this section shall take effect on the 
        date of the enactment of this Act.
            (2) The amendments made by subsections (a) and (b) shall 
        apply to taxable years beginning after December 31, 2005.
                                 <all>