[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4313 Introduced in House (IH)]








109th CONGRESS
  1st Session
                                H. R. 4313

 To amend the Immigration and Nationality Act and other Act to provide 
   for true enforcement and border security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2005

 Mr. Hunter (for himself, Mr. Goode, Mr. Davis of Kentucky, Mr. Issa, 
Mr. Bilirakis, Mr. Royce, Mr. Forbes, Mr. Deal of Georgia, Mr. Calvert, 
Mr. Hayworth, Mr. Tancredo, Mr. Cunningham, Mr. Norwood, Mr. Sullivan, 
    Mr. Franks of Arizona, Mr. Garrett of New Jersey, Ms. Foxx, Mr. 
 Marchant, Mr. Gary G. Miller of California, Mr. Culberson, Mr. Walden 
  of Oregon, Mr. Kuhl of New York, and Mr. Taylor of North Carolina) 
 introduced the following bill; which was referred to the Committee on 
the Judiciary, and in addition to the Committees on Homeland Security, 
Ways and Means, 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 amend the Immigration and Nationality Act and other Act to provide 
   for true enforcement and border security, and for other purposes.

    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 ``TRUE Enforcement 
and Border Security Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Severability.
                   TITLE I--SOUTHWEST BORDER SECURITY

Sec. 101. Construction of fencing and security improvements in border 
                            area from Pacific Ocean to Gulf of Mexico.
Sec. 102. Border patrol agents.
Sec. 103. Increased availability of Department of Defense equipment to 
                            assist with surveillance of southern 
                            international land border of the United 
                            States.
Sec. 104. Ports of entry.
Sec. 105. Authorization of appropriations.
          TITLE II--FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT

                Subtitle A--Additional Federal Resources

Sec. 201. Necessary assets for controlling United States borders.
Sec. 202. Additional immigration personnel.
Sec. 203. Additional worksite enforcement and fraud detection agents.
Sec. 204. Document fraud detection.
      Subtitle B--Maintaining Accurate Enforcement Data on Aliens

Sec. 211. Entry-exit system.
Sec. 212. Alien registration.
Sec. 213. State and local law enforcement provision of information 
                            regarding aliens.
Sec. 214. Listing of immigration violators in the national crime 
                            information center database.
       Subtitle C--Detention of Aliens and Reimbursement of Costs

Sec. 221. Increaseof Federal detention space and the utilization of 
                            facilities identified for closures as a 
                            result of the Defense Base Closure 
                            Realignment Act of 1990.
Sec. 222. Federal custody of illegal aliens apprehended by State or 
                            local law enforcement.
Sec. 223. Institutional Removal Program.
  Subtitle D--State, Local, and Tribal Enforcement of Immigration Laws

Sec. 231. Congressional affirmation of immigration law enforcement 
                            authority by States and political 
                            subdivisions of States.
Sec. 232. Immigration law enforcement training of State and local law 
                            enforcement personnel.
Sec. 233. Communication between government agencies and the Department 
                            of Homeland Security.
Sec. 234. Reducing illegal immigration and alien smuggling on tribal 
                            lands.
Sec. 235. Immunity.
                   Subtitle E--Additional Provisions

Sec. 241. No preferential treatment of aliens not lawfully present for 
                            public benefits.
Sec. 242. Authorized appropriations.
                TITLE III--VISA REFORM AND ALIEN STATUS

 Subtitle A--Limitations on Visa Issuance, Validity Due to Abuse, and 
                 Suspension of the Visa Waiver Program

Sec. 301. Curtailment of visas for countries denying or delaying 
                            repatriation of nationals.
Sec. 302. Cancellation of visas.
Sec. 303. No judicial review of visa revocation.
Sec. 304. Suspension of visa waiver program.
Sec. 305. Elimination of diversity immigrant program.
Sec. 306. Extended family preference categories.
Sec. 307. Sponsorship levels.
                 Subtitle B--Visa Term Compliance Bonds

Sec. 311. Definition and issuance of visa term compliance bonds.
Sec. 312. Release of aliens in removal proceedings.
Sec. 313. Detention of aliens delivered by bondsmen.
                 Subtitle C--Adjustment of Alien Status

Sec. 321. Adjustment of status for certain aliens.
Sec. 322. Expansion of naturalization requirement to certain 
                            nonimmigrant aliens.
Sec. 323. Temporary protected status.
Sec. 324. Completion of background and security checks.
Sec. 325. Denial of benefits to terrorists and criminals.
Sec. 326. Repeal of section 245(i).
Sec. 327. Authorized appropriations.
      TITLE IV--WORKPLACE ENFORCEMENT AND IDENTIFICATION INTEGRITY

                         Subtitle A--In General

Sec. 401. Short title.
Sec. 402. Congressional findings.
Sec. 403. Effective dates; implementation.
     Subtitle B--Reform of the Work Eligibility Verification System

Sec. 411. Basic pilot program renamed interim work eligibility 
                            verification program; verification 
                            requirement for independent contractors.
Sec. 412. Work Eligibility Verification System.
Sec. 413. Protection for United States workers and individuals 
                            reporting immigration law violations.
Sec. 414. Inadmissibility for failure to present documentation of work 
                            eligibility.
Subtitle C--Work Eligibility Verification Reform in the Social Security 
                             Administration

Sec. 421. Alien work eligibility database.
Sec. 422. Anti-fraud measures for social security cards.
Sec. 423. Notification by commissioner of failure to correct social 
                            security information.
Sec. 424. Restriction on access and use; no national identification 
                            card.
Sec. 425. Sharing of information with the commissioner of Internal 
                            Revenue Service.
Sec. 426. Sharing of information with the Secretary of Homeland 
                            Security.
Subtitle D--Work Eligibility Verification System Reform in the Internal 
                             Revenue Agency

Sec. 431. Sharing of information with the Secretary of Homeland 
                            Security and the Commissioner of Social 
                            Security.
Sec. 432. Ineligibility for nonresident alien tax status.
Sec. 433. Unlawful use of individual taxpayer identification numbers.
Sec. 434. No deduction allowed for compensation paid to unauthorized 
                            workers.
             Subtitle E--Identification Document Integrity

Sec. 441. Consular identification documents.
Sec. 442. Machine-readable tamper-resistant immigration documents.
Sec. 443. Birth certificates.
 Subtitle F--Limitations on Illegal Alien Collection of Social Security

Sec. 451. Exclusion of unauthorized employment from employment upon 
                            which creditable wages may be based.
Sec. 452. Exclusion of unauthorized functions and services from trade 
                            or business from which creditable self-
                            employment income may be derived.
Sec. 453. Effective date.
Sec. 454. Authorized appropriations.
                   TITLE V--PENALTIES AND ENFORCEMENT

                Subtitle A--Criminal and Civil Penalties

Sec. 501. Criminal penalties for alien smuggling.
Sec. 502. Strengthened enforcement of alien registration laws.
Sec. 503. Criminal and civil penalties for entry of aliens at improper 
                            time or place, avoidance of examination or 
                            inspection, unlawful presence and 
                            misrepresentation or concealment of facts.
Sec. 504. Civil and criminal penalties for aliens unlawfully present in 
                            the United States.
Sec. 505. Increased penalties for reentry of removed aliens.
Sec. 506. Civil and criminal penalties for document fraud, benefit 
                            fraud, and false claims of citizenship.
Sec. 507. Rendering inadmissible and deportable aliens participating in 
                            criminal street gangs.
Sec. 508. Mandatory detention of suspected criminal street gang 
                            members.
Sec. 509. Ineligibility from protection from removal and asylum.
Sec. 510. Penalties for misusing social security numbers or filing 
                            false information with Social Security 
                            Administration.
              Subtitle B--Detention, Removal and Departure

Sec. 511. Voluntary departure.
Sec. 512. Expedited exclusion.
Sec. 513. Expedited removal of criminal aliens.
Sec. 514. Reinstatement of previous removal orders.
Sec. 515. Cancellation of removal.
Sec. 516. Detention of dangerous aliens.
Sec. 517. Alternatives to detention.
Sec. 518. Release of aliens from noncontiguous countries.
Sec. 519. Continuances; changes of venue.
Sec. 520. Authorization of appropriations.

SEC. 2. SEVERABILITY.

    If any provision of this Act, including any amendment made by 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--SOUTHWEST BORDER SECURITY

SEC. 101. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS IN BORDER 
              AREA FROM PACIFIC OCEAN TO GULF OF MEXICO.

    Section 102(b) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 
1103 note) is amended--
            (1) in the heading by striking ``Near San Diego, 
        California'';
            (2) by amending paragraph (1) to read as follows:
            ``(1) Security features.--
                    ``(A) Reinforced fencing.--
                            ``(i) In general.--In carrying out 
                        subsection (a), the Secretary of Homeland 
                        Security shall provide for--
                                    ``(I) the construction along the 
                                southern international land border of 
                                the United States, starting at the 
                                Pacific Ocean and extending eastward to 
                                the Gulf of Mexico, of at least 2 
                                layers of reinforced fencing; and
                                    ``(II) the installation of such 
                                additional physical barriers, roads, 
                                lighting, and sensors along such border 
                                as may be necessary to eliminate 
                                illegal crossings along such border.
                            ``(ii) Priority areas.--With respect to the 
                        border described in clause (i), the Secretary 
                        shall ensure that initial fence construction 
                        occurs in high traffic and smuggling areas 
                        along such border.
                            ``(iii) Consultation.--Before installing 
                        any fencing or other physical barriers, roads, 
                        lighting, or sensors under clause (i) on land 
                        transferred by the Secretary of Defense under 
                        subparagraph (B), the Secretary shall consult 
                        with the Secretary of Defense for purposes of 
                        mitigating or limiting the impact of the 
                        fencing, barriers, roads, lighting, and sensors 
                        on military training and operations.
                    ``(B) Border zone creation and acquisition.--
                            ``(i) In general.--In carrying out 
                        subsection (a), the Secretary of Homeland 
                        Security shall create and control a border 
                        zone, along the international land border 
                        described in subparagraph (A), subject to the 
                        following conditions:
                                    ``(I) Size.--The border zone shall 
                                consist of the United States land area 
                                within 100 yards of the international 
                                land border described in subparagraph 
                                (A), except that with respect to areas 
                                of the border zone that are contained 
                                within an organized subdivision of a 
                                State or local government, the 
                                Secretary may adjust the area included 
                                in the border zone to accommodate 
                                existing public and private structures.
                                    ``(II) Treatment of federal land.--
                                Not later than 30 days after the date 
                                of the enactment of the Southwest 
                                Border Security Act, the head of each 
                                Federal agency having jurisdiction over 
                                Federal land included in the border 
                                zone shall transfer such land, without 
                                reimbursement, to the administrative 
                                jurisdiction of the Secretary of 
                                Homeland Security.
                                    ``(III) Treatment of indian 
                                lands.--With respect to Indian lands 
                                included within the border zone, the 
                                Secretary shall obtain, through 
                                agreement, donation, purchase, or 
                                condemnation, the rights, titles, or 
                                interests in such real property that 
                                are sufficient to provide for the 
                                construction of the security features 
                                described in subparagraph (A)(i) and 
                                access to the border zone as may be 
                                necessary to deter illegal crossings 
                                into the United States. In this 
                                subclause, the terms `Indian lands' and 
                                `Indian tribe' shall have the meaning 
                                given such terms in section 2103 of the 
                                Revised Statutes (25 U.S.C. 81).
                            ``(ii) Property review and acquisition.--
                                    ``(I) Property review.--The 
                                Secretary shall conduct a comprehensive 
                                review and value assessment of all 
                                property in the border zone owned by 
                                private parties, States, and local 
                                governments.
                                    ``(II) Completion of review.--The 
                                Secretary shall complete the review 
                                required by subclause (I)--
                                            ``(aa) not later than 180 
                                        days after the date of the 
                                        enactment of the Southwest 
                                        Border Security Act, in the 
                                        case of priority areas 
                                        identified by subparagraph 
                                        (A)(ii); and
                                            ``(bb) not later than 360 
                                        days after the date of the 
                                        enactment of the Southwest 
                                        Border Security Act in the case 
                                        of other land in the border 
                                        zone.
                                    ``(III) Acquisition.--As soon as 
                                practicable after the date of the 
                                enactment of the Southwest Border 
                                Security Act, the Secretary shall 
                                commence proceedings for the 
                                acquisition of the rights, titles, or 
                                interest in such real property covered 
                                by the review described in subclause 
                                (I) in accordance with section 103(b) 
                                of the Immigration and Nationality Act 
                                (8 U.S.C. 1103(b)), and that are 
                                sufficient to provide for the 
                                construction of the security features 
                                described in subparagraph (A)(i) and 
                                access to the border zone as may be 
                                necessary to deter illegal crossings 
                                into the United States.
                            ``(iii) Other uses.--The Secretary may 
                        authorize the use of land included in the 
                        border zone for other purposes so long as such 
                        use does not impede the operation or 
                        effectiveness of the security features in 
                        stalled under subparagraph (A)(i) or the 
                        ability of the Secretary to carry out 
                        subsection (a).''; and
            (3) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security'' each place it appears.

SEC. 102. BORDER PATROL AGENTS.

    Section 5202 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458; 118 Stat. 3734) is amended--
            (1) by striking ``2010'' and inserting ``2011'' each place 
        it appears; and
            (2) by striking ``2,000'' and inserting ``3,000''.

SEC. 103. INCREASED AVAILABILITY OF DEPARTMENT OF DEFENSE EQUIPMENT TO 
              ASSIST WITH SURVEILLANCE OF SOUTHERN INTERNATIONAL LAND 
              BORDER OF THE UNITED STATES.

    (a) Increased Availability of Equipment.--The Secretary of Defense 
and the Secretary of Homeland Security shall develop and implement a 
plan to use the authorities provided to the Secretary of Defense under 
chapter 18 of title 10, United States Code, to increase the 
availability and use of Department of Defense equipment, including 
unmanned aerial vehicles, tethered aerostat radars, and other 
surveillance equipment, to assist with Department of Homeland Security 
surveillance activities conducted at or near the southern international 
land border of the United States.
    (b) Report.--Not later than six months after the date of the 
enactment of this Act, the Secretary of Defense and the Secretary of 
Homeland Security shall submit to Congress a report containing--
            (1) a description of the current use of Department of 
        Defense equipment to assist with Department of Homeland 
        Security surveillance of the southern international land border 
        of the United States;
            (2) the plan developed under subsection (a) to increase the 
        use of Department of Defense equipment to assist with such 
        surveillance activities; and
            (3) a description of the types of equipment and other 
        support to be provided by Department of Defense under such plan 
        during the one-year period beginning after submission of the 
        report.

SEC. 104. PORTS OF ENTRY.

    (a) In General.--The Secretary of Homeland Security is authorized 
to construct an additional 25 ports of entry along the international 
land border of the United States, at locations to be determined by the 
Secretary.
    (b) Authorization of Appropriations.--For purposes of carrying out 
subsection (a), there are authorized to be appropriated $125,000,000.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out sections 102 and 103, and the amendments made by such sections, 
$5,000,000,000.
    (b) Conforming Amendment.--Section 102(b)(4) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1103 note) is repealed.

          TITLE II--FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT

                Subtitle A--Additional Federal Resources

SEC. 201. NECESSARY ASSETS FOR CONTROLLING UNITED STATES BORDERS.

    (a) Personnel.--
            (1) Customs and border protection officers.--In each of the 
        fiscal years 2007 through 2011, 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 2007 through 2011 to 
                carry out paragraph (1).
                    (B) Transportation of aliens.--There are authorized 
                to be appropriated $25,000,000 for each of fiscal years 
                2007 through 2011 for the transportation of aliens.
    (b) Technological Assets.--
            (1) Acquisition.--The Secretary of Homeland Security shall 
        procure unmanned aerial vehicles, cameras, poles, sensors, 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 2007 
        through 2011 to carry out paragraph (1).
    (c) 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. 202. 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 2007 
        through 2011, 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 2007 through 
        2011, 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 2007 through 2011 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. The 
                Assistant Attorney General 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 2007 
        through 2011, 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 
        above the number of such positions for which funds were made 
        available during the preceding fiscal year.
            (3) United states attorneys.--In each of fiscal years 2007 
        through 2011, 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 above the number of such positions for which funds were 
        made available during the preceding fiscal year.
            (4) Immigration judges.--In each of fiscal years 2007 
        through 2011, the Attorney General shall, subject to the 
        availability of appropriations for such purpose, increase by 
        not less than 50 the number of immigration judges above the 
        number of such positions for which funds were made available 
        during the preceding fiscal year.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated to the Department of Justice for each of 
        fiscal years 2007 through 2011 such sums as may be necessary to 
        carry out this subsection, including the hiring of necessary 
        support staff.

SEC. 203. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION AGENTS.

    (a) Worksite Enforcement.--The Secretary of Homeland Security 
shall, subject to the availability of appropriations for such purpose, 
annually increase, by not less than 2,000, the number of positions for 
investigators dedicated to enforcing compliance with sections 274 and 
274A of the Immigration and Nationality Act (8 U.S.C. 1324, 1324a) 
during the 5-year period beginning on October 1, 2006.
    (b) Fraud Detection.--The Secretary of Homeland Security shall, 
subject to the availability of appropriations for such purpose, 
increase by not less than 1,000 the number of positions for Immigration 
Enforcement Agents dedicated to immigration fraud detection during the 
5-year period beginning on October 1, 2006.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated during each of fiscal years 2007 through 2011 such sums as 
may be necessary to carry out 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 2007 through 2011 to 
carry out this section.

      Subtitle B--Maintaining Accurate Enforcement Data on Aliens

SEC. 211. ENTRY-EXIT SYSTEM.

    (a) Integrated Entry and Exit Data System.--Section 110(b)(1) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1365a(b)(1)) is amended to read as follows:
            ``(1) provides access to, and integrates, arrival and 
        departure data of all aliens who arrive and depart at ports of 
        entry, in an electronic format and in a database of the 
        Department of Homeland Security or the Department of State 
        (including those created or used at ports of entry and at 
        consular offices);''.
    (b) Construction.--Section 110(c) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a(c)) is amended 
to read as follows:
    ``(c) Construction.--Nothing in this section shall be construed to 
reduce or curtail any authority of the Secretary of Homeland Security 
or the Secretary of State under any other provision of law.''.
    (c) Deadlines.--Section 110(d) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a(d)) is 
amended--
            (1) in paragraph (1), by striking ``December 31, 2003'' and 
        inserting ``October 1, 2006'';
            (2) by amending paragraph (2) to read as follows:
            ``(2) Land border ports of entry.--Not later than October 
        1, 2006, the Secretary of Homeland Security shall implement the 
        integrated entry and exit data system using the data described 
        in paragraph (1) and available alien arrival and departure data 
        described in subsection (b)(1) pertaining to aliens arriving 
        in, or departing from, the United States at all land border 
        ports of entry. Such implementation shall include ensuring that 
        such data, when collected or created by an immigration officer 
        at a port of entry, are entered into the system and can be 
        accessed by immigration officers at airports, seaports, and 
        other land border ports of entry.''; and
            (3) by striking paragraph (3).
    (d) Authority to Provide Access to System.--Section 110(f)(1) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1365a(f)(1)) is amended by adding at the end the following:
    ``The Secretary of Homeland Security shall ensure that any officer 
or employee of the Department of Homeland Security or the Department of 
State having need to access the data contained in the integrated entry 
and exit data system for any lawful purpose under the Immigration and 
Nationality Act has such access, including access for purposes of 
representation of the Department of Homeland Security in removal 
proceedings under section 240 of such Act and adjudication of 
applications for benefits under such Act.''.
    (e) Waiver Available.--If the President determines in writing, with 
respect to a fiscal or calendar year, that a waiver of one or more of 
the amendments made by this section is desirable and would not threaten 
the national security of the United States, the President may waive the 
effectiveness of such amendment or amendments with respect to such 
year.

SEC. 212. ALIEN REGISTRATION.

    (a) In General.--Section 262 of the Immigration and Nationality Act 
(8 U.S.C. 1302) is amended to read as follows:

             ``registration of aliens in the united states

    ``Sec. 262. (a) Initial Registration.--
            ``(1) In general.--It shall be the duty of every alien now 
        or hereafter in the United States, who (1) is fourteen years of 
        age or older, (2) has not been registered and fingerprinted 
        under section 221(b) of this Act or section 30 or 31 of the 
        Alien Registration Act, 1940, and (3) remains in the United 
        States for thirty days or longer, to apply for registration and 
        to be fingerprinted before the expiration of such thirty days.
            ``(2) Minors.--It shall be the duty of every parent or 
        legal guardian of any alien now or hereafter in the United 
        States, who (1) is less than fourteen years of age, (2) has not 
        been registered under section 221(b) of this Act or section 30 
        or 31 of the Alien Registration Act, 1940, and (3) remains in 
        the United States for thirty days or longer, to apply for the 
        registration of such alien before the expiration of such thirty 
        days. Whenever any alien attains his fourteenth birthday in the 
        United States he shall, within thirty days thereafter, apply in 
        person for registration and to be fingerprinted.
    ``(b) Subsequent Registrations.--
            ``(1) Permanent residents.--In addition to any other 
        registration otherwise required under this Act or any other 
        Act, each alien lawfully admitted for permanent residence shall 
        annually register with the Secretary of Homeland Security, 
        regardless of whether there has been any change in the alien's 
        address. This requirement shall commence on the first 
        anniversary of the date on which the alien acquired the status 
        of an alien lawfully admitted for permanent residence that 
        occurs after the date of the enactment of this section.
            ``(2) Other aliens.--In addition to any other registration 
        otherwise required under this Act or any other Act, every alien 
        in the United States, other than an alien described in 
        paragraph (1), shall register with the Secretary of Homeland 
        Security at the expiration of each 3-month period during which 
        the alien remains in the United States, regardless of whether 
        there has been any change in the alien's address. This 
        requirement shall commence on the 90th day after the alien 
        enters the United States.
            ``(3) Minors.--In the case of an alien who is less than 
        fourteen years of age, a parent or legal guardian of the alien 
        shall carry out this subsection on behalf of the alien.
    ``(c) Change of Address.--
            ``(1) In general.--Each alien required to be registered 
        under this title who is within the United States shall notify 
        the Secretary of Homeland Security in writing of each change of 
        address and new address within ten days of the date of such 
        change and furnish with such notice such additional information 
        as the Secretary may require by regulation.
            ``(2) Certain foreign states.--
                    ``(A) In general.--The Secretary of Homeland 
                Security may, in the discretion of the Secretary, upon 
                ten days notice, require the natives of any one or more 
                foreign states, or any class or group thereof, who are 
                within the United States and who are required to be 
                registered under this title, to notify the Secretary of 
                their current addresses and furnish such additional 
                information as the Secretary may require.
                    ``(B) Notice for minors.--In the case of an alien 
                for whom a parent or legal guardian is required to 
                apply for registration, the notice required by this 
                section shall be given to such parent or legal 
                guardian.
            ``(3) Minors.--In the case of an alien who is less than 
        fourteen years of age, a parent or legal guardian of the alien 
        shall carry out this subsection on behalf of the alien.
    ``(d) Exception.--Subsections (b) and (c) shall not apply to an 
alien lawfully admitted for permanent residence, and the alien's spouse 
and children, if the alien is a member of the Armed Forces of the 
United States serving on active duty (as defined in section 101(d) of 
title 10, United States Code).
    ``(e) Forms.--The Secretary of Homeland Security shall prepare 
forms for registrations and change of address notifications required 
under this section. Such forms shall contain inquiries to obtain the 
following information:
            ``(1) Full name and aliases.
            ``(2) Current address.
            ``(3) Date of birth.
            ``(4) Visa category.
            ``(5) Date of entry into the United States.
            ``(6) Termination date of authorization to remain in the 
        United Sates, if any.
            ``(7) Signature.
            ``(8) Biometric feature of the alien.
            ``(9) Any additional information that the Secretary of 
        Homeland Security determines to be necessary.
    ``(f) Information Technology System.--The Secretary of Homeland 
Security shall establish and operate an information technology system 
for the electronic collection, compilation, and maintenance of the 
information submitted under this section. Such system shall permit any 
alien address in the United States that has been registered with the 
Secretary, and the date of such registration, to be accessed by any 
officer or employee of the Department of Homeland Security having need 
for such access for any lawful purpose under the Immigration and 
Nationality Act.''.
    (b) Repeal.--Section 265 of the Immigration and Nationality Act (8 
U.S.C. 1305) is repealed and the table of contents is amended by 
striking the item relating to such section.
    (c) Conforming Amendments.--
            (1) Removal for failure to comply.--Section 237(a)(3)(A) of 
        the Immigration and Nationality Act (8 U.S.C. 1227(a)(3)(A)) is 
        amended by striking ``265'' and inserting ``262''.
            (2) Registration of special groups.--Section 263(b) of such 
        Act (8 U.S.C. 1303(b)) is amended by inserting ``(excluding 
        subsection (c) of such section)'' after ``262''.
            (3) Forms and procedure.--Section 264(a) of such Act (8 
        U.S.C. 1304(a)) is amended by striking ``of this title, and the 
        Attorney General is authorized and directed to prepare forms 
        for the registration and fingerprinting of aliens under section 
        262 of this title.'' and inserting a period.
            (4) Penalties.--Section 266 of such Act (8 U.S.C. 1306) is 
        amended by striking ``265'' each place it appears and inserting 
        ``262''.
    (d) Report.--Not later than three years after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the Committees on the Judiciary of the House of Representatives and 
the Senate a report on the implementation of section 262 of the 
Immigration and Nationality Act, as amended by this section, and the 
results of such implementation.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 213. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION 
              REGARDING ALIENS.

    (a) Violations of Federal Law.--A statute, policy, or practice that 
prohibits, or restricts in any manner, a law enforcement or 
administrative enforcement officer of a State or of a political 
subdivision therein, from enforcing Federal immigration laws or from 
assisting or cooperating with Federal immigration law enforcement in 
the course of carrying out the investigative or enforcement duties of 
the officer or from providing information to an official of the United 
States Government regarding the immigration status of an individual who 
is believed to be illegally present in the United States, is in 
violation of section 642(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)) and section 434 
of the Personal Responsibility and Work Opportunity Reconciliation Act 
of 1996 (8 U.S.C. 1644).
    (b) State and Local Law Enforcement Provision of Information About 
Apprehended Illegal Aliens.--
            (1) Provision of information.--
                    (A) In general.--In order to avoid a sanction under 
                paragraph (4), each law enforcement agency of a State 
                or of a political subdivision therein shall provide to 
                the Department of Homeland Security the information 
                listed in paragraph (2) for each alien who is 14 years 
                of age or older, who is apprehended in the jurisdiction 
                of such agency, and who cannot produce the valid 
                certificate of alien registration or alien registration 
                receipt card described in section 264(d) of the 
                Immigration and Nationality Act (8 U.S.C. 1304(d)).
                    (B) Time limitation.--Not later than 15 days after 
                an alien described in subparagraph (A) is apprehended, 
                information required to be provided under paragraph (1) 
                shall be provided in such form and in such manner as 
                the Secretary of Homeland Security may, by regulation 
                or guideline, require.
                    (C) Exception.--The reporting requirement in 
                paragraph (A) shall not apply in the case of any alien 
                determined to be lawfully present in the United States 
                who is exempt from the requirement of personal 
                possession of an alien registration or receipt document 
                in section 264(e) of the Immigration and Nationality 
                Act (8 U.S.C. 1304(e)).
            (2) Information required.--The information listed in this 
        subsection is as follows:
                    (A) The alien's name.
                    (B) The alien's address or place of residence.
                    (C) A physical description of the alien.
                    (D) The date, time, and location of the encounter 
                with the alien and reason for stopping, detaining, 
                apprehending, or arresting the alien.
                    (E) If applicable--
                            (i) the alien's driver's license number and 
                        the State of issuance of such license;
                            (ii) 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;
                            (iii) the license number and description of 
                        any vehicle registered to, or operated by, the 
                        alien; and
                            (iv) a photo of the alien and the alien's 
                        fingerprints, if available or readily 
                        obtainable.
            (3) Reimbursement.--The Secretary of Homeland Security 
        shall reimburse such law enforcement agencies for the costs, 
        per a schedule determined by the Secretary, incurred by such 
        agencies in collecting and transmitting the information 
        described in paragraph (2).
            (4) Sanction.--A law enforcement agency of a State or a 
        political subdivision therein that willfully fails to provide 
        the information required under paragraph (2) in accordance with 
        this section shall be ineligible to receive Federal funds 
        otherwise authorized under--
                    (A) the State Criminal Alien Assistance Program 
                described in section 241(i) of the Immigration and 
                Nationality Act (8 U.S.C. 1231(i)); or
                    (B) under any grant program authorized under title 
                I of the Housing and Community Development Act of 1974 
                (42 U.S.C. 5301 et seq.).
    (c) Technical and Conforming Amendments.--
            (1) Illegal immigration reform and immigrant responsibility 
        act of 1996.--
                    (A) Technical amendment.--Section 642 of the 
                Illegal Immigration Reform and Immigrant Responsibility 
                Act of 1996 (8 U.S.C. 1373) is amended--
                            (i) in subsections (a), (b)(1), and (c), by 
                        striking ``Immigration and Naturalization 
                        Service'' each place it appears and inserting 
                        ``Department of Homeland Security''; and
                            (ii) in the heading by striking 
                        ``immigration and naturalization service'' and 
                        inserting ``department of homeland security''.
                    (B) Conforming amendment.--Section 1(d) of the 
                Illegal Immigration Reform and Immigrant Responsibility 
                Act of 1996 (division C of Public Law 104-208; 110 
                Stat. 3009-546) is amended by striking the item related 
                to section 642 and inserting the following:

``Sec. 642. Communication between government agencies and the 
                            Department of Homeland Security.''.
            (2) Personal responsibility and work opportunity 
        reconciliation act of 1996.--
                    (A) In general.--Section 434 of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 (8 U.S.C. 1644) is amended--
                            (i) by striking ``Immigration and 
                        Naturalization Service'' and inserting 
                        ``Department of Homeland Security''; and
                            (ii) in the heading by striking 
                        ``immigration and naturalization service'' and 
                        inserting ``department of homeland security''.
                    (B) Conforming amendment.--Section 2 of the 
                Personal Responsibility and Work Opportunity 
                Reconciliation Act of 1996 (8 U.S.C. 1642) (Public Law 
                104-193; 110 Stat. 2105) is amended by striking the 
                item related to section 434 and inserting the 
                following:

``Sec. 434. Communication between State and local government agencies 
                            and the Department of Homeland Security.''.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out the 
requirements of this section.

SEC. 214. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME 
              INFORMATION CENTER DATABASE.

    (a) Provision of Information to the National Crime Information 
Center.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        provide the National Crime Information Center of the Department 
        of Justice with such information as the Department of Homeland 
        Security may have in its possession of the Department related 
        to--
                    (A) any alien against whom a final order of removal 
                has been issued;
                    (B) any alien who is subject to a voluntary 
                departure agreement that has become invalid under 
                section 240B(a)(2) of the Immigration and Nationality 
                Act (8 U.S.C. 1229c); and
                    (C) any alien detained by a Federal, State or local 
                law enforcement agency whom a federal immigration 
                officer has confirmed to be unlawfully present in the 
                United States but, in the exercise of discretion, has 
                been released from detention without transfer into the 
                custody of a Federal immigration officer.
            (2) Removal of information.--If an individual is granted 
        cancellation of removal under section 240A of the Immigration 
        and Nationality Act (8 U.S.C. 1229b), or granted permission to 
        legally enter the United States pursuant to the Immigration and 
        Nationality Act after a voluntary departure under section 240B 
        of the Immigration Nationality Act (8 U.S.C. 1229c), 
        information entered into the National Crime Information Center 
        in accordance with paragraph (1) of this section shall be 
        promptly removed.
    (b) Inclusion of Information in the National Crime Information 
Center 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 new 
        paragraph:
            ``(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 the alien has already been removed; and''.
    (c) Permission to Depart Voluntarily.--Section 240b of the 
Immigration and Nationality Act (8 U.S.C. 1229c) is amended--
            (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security''; and
            (2) in subsection (a)(2)(A), by striking ``120'' and 
        inserting ``30''.

       Subtitle C--Detention of Aliens and Reimbursement of Costs

SEC. 221. INCREASE OF FEDERAL DETENTION SPACE AND THE UTILIZATION OF 
              FACILITIES IDENTIFIED FOR CLOSURES AS A RESULT OF THE 
              DEFENSE BASE CLOSURE REALIGNMENT ACT OF 1990.

    (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 that have the capacity to detain a combined total of not 
        less than 200,000 individuals at any time for aliens detained 
        pending removal or a decision on removal of such alien from the 
        United States.
            (2) Determination of location.--The location of any 
        detention facility built or acquired in accordance with this 
        subsection shall be determined with the concurrence of the 
        Secretary by the senior officer responsible for Detention and 
        Removal Operations in the Department of Homeland Security. The 
        detention facilities shall be located so as to enable the 
        Department to increase to the maximum extent practicable the 
        annual rate and level of removals of illegal aliens from the 
        United States.
            (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) 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''.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 222. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR 
              LOCAL LAW ENFORCEMENT.

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

       ``transfer of illegal aliens from state to federal custody

    ``Sec. 240D. (a) In General.--If the head of a law enforcement 
entity of 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) deem the request to include the inquiry to 
                verify immigration status described in section 642(c) 
                of the Immigration Reform and Immigrant Responsibility 
                Act of 1996, and expeditiously inform the requesting 
                entity whether such individual is an illegal alien; and
                    ``(B) either--
                            ``(i) not later than 72 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 
                        72 hours after the illegal alien is 
                        apprehended, take the illegal alien into the 
                        custody of the Federal Government and 
                        incarcerate the alien; or
                            ``(ii) request that the relevant State or 
                        local law enforcement agency temporarily detain 
                        or transport the illegal alien to a location 
                        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 criminal or illegal aliens to the 
        Department of Homeland Security.
    ``(b) Reimbursement.--
            ``(1) In general.--The Department of Homeland Security 
        shall reimburse a State or a political subdivision of a State 
        for expenses, as verified by the Secretary of Homeland 
        Security, incurred by the State or political subdivision in the 
        detention and transportation of a criminal or illegal alien as 
        described in subparagraphs (A) and (B) of subsection (a)(1).
            ``(2) Cost computation.--Compensation provided for costs 
        incurred under subparagraphs (A) and (B) of subsection (a)(1) 
        shall be--
                    ``(A) the product of--
                            ``(i) the average daily 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); multiplied 
                        by
                            ``(ii) the number of days that the alien 
                        was in the custody of the State or political 
                        subdivision; plus
                    ``(B) the cost of transporting the criminal or 
                illegal alien from the point of apprehension or arrest 
                to the location of detention, and if the location of 
                detention and of custody transfer are different, to the 
                custody transfer point; plus
                    ``(C) the cost of uncompensated emergency medical 
                care provided to a detained illegal alien during the 
                period between the time of transmittal of the request 
                described in subsection (a) and the time of transfer 
                into Federal custody.
    ``(c) Requirement for Appropriate Security.--The Secretary of 
Homeland Security shall ensure that illegal aliens incarcerated in a 
Federal facility pursuant to this subsection are held in facilities 
which provide an appropriate level of security, and that, where 
practicable, aliens detained solely for civil violations of Federal 
immigration law are separated within a facility or facilities.
    ``(d) Requirement for Schedule.--In carrying out this section, the 
Secretary of Homeland Security shall establish a regular circuit and 
schedule for the prompt transportation of apprehended illegal aliens 
from the custody of those States and political subdivisions of States 
which routinely submit requests described in subsection (a) into 
Federal custody.
    ``(e) Authority for Contracts.--
            ``(1) In general.--The Secretary of Homeland Security may 
        enter into contracts or cooperative agreements with appropriate 
        State and local law enforcement and detention agencies to 
        implement this section.
            ``(2) Determination by secretary.--Prior to entering into a 
        contract or cooperative agreement with a State or political 
        subdivision of a State under paragraph (1), the Secretary shall 
        determine whether the State, or where appropriate, the 
        political subdivision in which the agencies are located has in 
        place any formal or informal policy that violates section 642 
        of the Illegal Immigration Reform and Immigrant Responsibility 
        Act of 1996 (8 U.S.C. 1373). The Secretary shall not allocate 
        any of the funds made available under this section to any State 
        or political subdivision that has in place a policy that 
        violates such section.
    ``(f) Illegal Alien Defined.--For purposes of this section, the 
term `illegal alien' means an alien who--
            ``(1) entered the United States without inspection or at 
        any time or place other than that designated by the Secretary 
        of Homeland Security;
            ``(2) was admitted as a nonimmigrant and who, at the time 
        the alien was taken into custody by the State or a political 
        subdivision of the State, had failed to--
                    ``(A) maintain the nonimmigrant status in which the 
                alien was admitted or to which it was changed under 
                section 248; or
                    ``(B) comply with the conditions of any such 
                status;
            ``(3) was admitted as an immigrant and has subsequently 
        failed to comply with the requirements of that status; or
            ``(4) failed to depart the United States under a voluntary 
        departure agreement or under a final order of removal.''.
    (b) Authorization of Appropriations for the Detention and 
Transportation to Federal Custody of Aliens Not Lawfully Present.--
There is authorized to be appropriated $850,000,000 for the detention 
and removal of aliens not lawfully present in the United States under 
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) for fiscal 
year 2007 and each subsequent fiscal year.

SEC. 223. INSTITUTIONAL REMOVAL PROGRAM.

    (a) Institutional Removal Program.--
            (1) Continuation.--The Secretary of Homeland Security shall 
        continue to operate the Institutional Removal Program or 
        develop and implement any other program to--
                    (A) identify removable criminal aliens in Federal 
                and State correctional facilities;
                    (B) ensure that such aliens are not released into 
                the community; and
                    (C) remove such aliens from the United States after 
                the completion of their sentences.
            (2) Expansion.--the Secretary of Homeland Security shall 
        extend the institutional removal program to all States. Each 
        state should--
                    (A) cooperate with officials of the Federal 
                Institutional Removal Program;
                    (B) expeditiously and systematically identify 
                criminal aliens in its prison and jail populations; and
                    (C) promptly convey the information collected under 
                subparagraph (B) to officials of the Institutional 
                Removal Program.
    (b) Implementation of Cooperative Institutional Removal Programs.--
Section 642 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1373) is designated as section 296 
of the Immigration and Nationality Act, and inserted into such Act 
after section 295 and is amended by adding at the end the following:
    ``(c) Authorization for Detention After Completion of State or 
Local Prison Sentence .--Law enforcement officers of a State or 
political subdivision of a State are authorized 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 Bureau of Immigration and 
        Customs Enforcement can take the alien into custody.
    ``(d) Technology Usage.--Technology such as videoconferencing shall 
be used to the maximum extent practicable 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.
    ``(e) Report to Congress.--The Secretary of Homeland Security shall 
submit to Congress a report on the participation of States in the 
Institutional Removal Program and in any other program under subsection 
(a).
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the Institutional Removal Program--
            ``(1) $30,000,000 for fiscal year 2007;
            ``(2) $40,000,000 for fiscal year 2008;
            ``(3) $50,000,000 for fiscal year 2009;
            ``(4) $60,000,000 for fiscal year 2010; and
            ``(5) $70,000,000 for fiscal year 2011.''.

  Subtitle D--State, Local, and Tribal Enforcement of Immigration Laws

SEC. 231. CONGRESSIONAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT 
              AUTHORITY 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 purpose of assisting in the enforcement of 
the immigration laws of the United States in the normal course of 
carrying out the law enforcement duties of such personnel. This State 
authority has never been displaced or preempted by a Federal law.

SEC. 232. IMMIGRATION LAW ENFORCEMENT TRAINING OF STATE AND LOCAL LAW 
              ENFORCEMENT PERSONNEL.

    (a) Training Flexibility.--
            (1) In general.--The Secretary 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 of 
        the Department of Homeland Security, onsite training held at 
        State or local police agencies or facilities, on-line training 
        courses by computer, teleconferencing, and videotape, or the 
        digital video display (DVD) of a training course or courses.
            (2) On-line training.--The head of the Distributed Learning 
        Program of the Federal Law Enforcement Training Center shall 
        make training available for State and local law enforcement 
        personnel via the Internet through a secure, encrypted 
        distributed learning system that has all its servers based in 
        the United States.
            (3) Federal personnel training.--The training of State and 
        local law enforcement personnel under this section shall not 
        displace the training of Federal personnel.
    (b) Cooperative Enforcement Programs.--The Secretary shall 
negotiate and execute, where practicable, a cooperative enforcement 
agreement described in section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1375(g)) with at least one law enforcement 
agency in each State, to train law enforcement officers in the 
detection and apprehension of individuals engaged in transporting, 
harboring, sheltering, or encouraging aliens in violation of section 
274 of such Act (8 U.S.C. 1324).
    (c) Clarification.--Nothing in this Act 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 exercising the inherent authority of the officer to 
investigate, identify, apprehend, arrest, detain, or transfer to 
Federal custody illegal aliens during the normal course of carrying out 
the law enforcement duties of the officer.
    (d) Technical Amendment.--Section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) is amended by striking ``Attorney 
General'' each place it appears and inserting ``Secretary of Homeland 
Security''.

SEC. 233. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE DEPARTMENT 
              OF HOMELAND SECURITY.

    Section 642 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1373) is amended by adding at the 
end the following new subsections:
    ``(d) Enforcement.--
            ``(1) Ineligibility for federal law enforcement aid.--Upon 
        a determination that any person, or any Federal, State, or 
        local government agency or entity, is in violation of 
        subsection (a) or (b), the Attorney General shall not provide 
        to such person, agency, or entity any grant amount pursuant to 
        any law enforcement grant program carried out by any element of 
        the Department of Justice, including the program under section 
        241(i) of the Immigration and Nationality Act (8 U.S.C. 
        241(i)), or pursuant to any grant program authorized under 
        title I of the Housing and Community Development Act of 1974 
        (42 U.S.C. 5301 et seq.), and shall ensure that no such grant 
        amounts are provided, directly or indirectly, to such person, 
        agency, or entity. In the case of grant amounts that otherwise 
        would be provided to such person, agency, or entity pursuant to 
        a formula, such amounts shall be reallocated among eligible 
        recipients.
            ``(2) Violations by government officials.--In any case in 
        which a Federal, State, or local government official is in 
        violation of subsection (a) or (b), the government agency or 
        entity that employs (or, at the time of the violation, 
        employed) the official shall be subject to the sanction 
        described in paragraph (1).
            ``(3) Duration.--The sanction described in paragraph (1) 
        shall remain in effect until the Secretary of Homeland Security 
        determines that the person, agency, or entity has ceased 
        violating subsections (a) and (b).
    ``(e) Private Right of Action.--A citizen or national of the United 
States who is domiciled in a State or in a political subdivision of a 
State shall have a right of action in the United States district court 
of the State in which such citizen or national is domicilied to obtain 
declaratory and injunctive relief to remedy a violation of subsection 
(a) or (b) by an agency, agent, or official of the State or political 
subdivision.''.

SEC. 234. 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 to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives a report 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 2007 through 2011 to 
carry out this section.

SEC. 235. IMMUNITY.

    (a) Personal Immunity.--Notwithstanding any other provision of law, 
a law enforcement officer of a State, or of a political subdivision of 
a State, shall be immune, to the same extent as a Federal law 
enforcement officer, from personal liability arising out of the 
enforcement of any immigration law. The immunity provided by this 
subsection shall only apply to an officer of a State, or of a political 
subdivision of a State, who is acting within the scope of such 
officer's official duties.
    (b) Agency Immunity.--Notwithstanding any other provision of law, a 
law enforcement agency of a State, or of a political subdivision of a 
State, 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 that 
the law enforcement officer of such agency, whose action the claim 
involves, committed a violation of Federal, State, or local criminal 
law in the course of enforcing such immigration law.

                   Subtitle E--Additional Provisions

SEC. 241. NO PREFERENTIAL TREATMENT OF ALIENS NOT LAWFULLY PRESENT FOR 
              PUBLIC BENEFITS.

    (a) Post-Secondary Education Benefits.--Section 505 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (division C 
of Public Law 104-208) is amended--
            (1) in subsection (a), by striking ``on the basis of 
        residence within a State (or a political subdivision)''; and
            (2) by adding at the end the following new subsections:
    ``(c) Annual Report.--The Office of Civil Rights of the United 
States Department of Justice shall annually submit to Congress a report 
on which, if any, post-secondary educational institutions have provided 
benefits in contravention of this section.
    ``(d) Limitation on Federal Financial Assistance.--No Federal 
agency shall provide any grant, reimbursement, or other financial 
assistance to a post-secondary educational institution determined under 
subsection (c) to continue to provide benefits in contravention of this 
section. Any funds withheld under this subsection shall be reallocated 
among qualifying educational institutions that are in compliance with 
subsection (a).''.
    (b) Public Benefits.--The Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (Public Law 104-193) is 
amended--
            (1) in section 411(d) (8 U.S.C. 1621(d)), by striking 
        ``provides for such eligibility.'' and inserting ``provides for 
        the eligibility of United States citizens and nationals for 
        such benefit regardless of state residence.'';
            (2) by amending subsection (d) of section 432 (8 U.S.C. 
        1642) to read as follows:
    ``(d) Declarative Rights.--A lawful resident of a State may, after 
exhausting any available administrative remedies, seek declarative and 
injunctive relief in Federal district court from a practice of a 
government agency or agent of such State or of a political subdivision 
therein that provides a Federal, State, or local public benefit to an 
alien in violation of immigration laws, including the Immigration and 
Nationality Act.''; and
            (3) in section 433(a) (8 U.S.C. 1643(a))--
                    (A) by striking paragraph (2); and
                    (B) by striking ``Limitation'' and all that follows 
                through ``Nothing'' and inserting ``Limitation.--
                Nothing''.

SEC. 242. AUTHORIZED APPROPRIATIONS.

    In addition to amounts otherwise authorized to be appropriated, 
there are authorized to be appropriated such sums as may be necessary 
for each of fiscal years 2007 through 2011 to carry out this title.

                TITLE III--VISA REFORM AND ALIEN STATUS

 Subtitle A--Limitations on Visa Issuance, Validity Due to Abuse, and 
                 Suspension of the Visa Waiver Program

SEC. 301. CURTAILMENT OF VISAS FOR COUNTRIES DENYING OR DELAYING 
              REPATRIATION OF NATIONALS.

    Section 244 of the Immigration and Nationality Act (8 U.S.C. 1253) 
is amended by adding at the end the following new subsection:
    ``(e) Public Listing of Aliens With No Significant Likelihood of 
Removal.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        establish and maintain a public listing of every alien who is 
        subject to a final order of removal and with respect to whom 
        the Secretary or any Federal court has determined that there is 
        no significant likelihood of removal in the reasonably 
        foreseeable future due to the refusal, or unreasonable delay, 
        of all countries designated by the alien under this section to 
        receive the alien. The public listing shall indicate whether 
        such alien has been released from Federal custody, and the city 
        and state in which such alien resides.
            ``(2) Discontinuation of visas.--During any month in which 
        24 or more of the citizens, subjects, or nationals of any 
        foreign state have remained on the public listing described in 
        paragraph (1) throughout such month, such foreign state shall 
        be deemed to have denied or unreasonably delayed the acceptance 
        of such aliens, and the Secretary of Homeland Security shall 
        make the notification to the Secretary of State prescribed in 
        subsection (d) of this section. The Secretary of State shall 
        accordingly discontinue the issuance of non-immigrant visas to 
        citizens, subjects, or nationals of such foreign state until 
        such time as the number of aliens on the public listing from 
        such foreign state has either (A) declined to fewer than six, 
        or (B) remainded below 24 for at least 30 days.''.

SEC. 302. CANCELLATION OF VISAS.

    Section 222(g) of the Immigration and Nationality Act (8 U.S.C. 
1202(g)) is amended--
            (1) in paragraph (1), by inserting ``and any other 
        nonimmigrant visa issued by the United States that is in the 
        possession of the alien'' after ``such visa''; and
            (2) in paragraph (2)(A), by inserting ``or foreign 
        residence'' after ``nationality''.

SEC. 303. 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 if such revocation provides the sole ground for removal 
under section 237(a)(1)(B)''.

SEC. 304. SUSPENSION OF VISA WAIVER PROGRAM.

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

SEC. 305. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.

    (a) Worldwide Level of Diversity Immigrants.--Section 201 of the 
Immigration and Nationality Act (8 U.S.C. 1151) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``and'' at the end of paragraph 
                (1);
                    (B) by striking ``; and'' at the end of paragraph 
                (2) and inserting a period; and
                    (C) by striking paragraph (3); and
            (2) by striking subsection (e).
    (b) Allocation of Diversity Immigrant Visas.--Section 203 of such 
Act (8 U.S.C. 1153) is amended--
            (1) by striking subsection (c);
            (2) in subsection (d), by striking ``(a), (b), or (c),'' 
        and inserting ``(a) or (b),'';
            (3) in subsection (e), by striking paragraph (2) and 
        redesignating paragraph (3) as paragraph (2);
            (4) in subsection (f), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''; and
            (5) in subsection (g), by striking ``(a), (b), and (c)'' 
        and inserting ``(a) and (b)''.
    (c) Procedure for Granting Immigrant Status.--Section 204 of such 
Act (8 U.S.C. 1154) is amended--
            (1) by striking subsection (a)(1)(I); and
            (2) in subsection (e), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2006.

SEC. 306. EXTENDED FAMILY PREFERENCE CATEGORIES.

    (a) In General.--Section 203(a) of the Immigration and Nationality 
Act (8 U.S.C. 1153(a)) is amended to read as follows:
    ``(a) Preference Allocation for Family-Sponsored Immigrants.--
Qualified immigrants who are the spouses or children of an alien 
lawfully admitted for permanent residence shall be subject to the 
worldwide level specified in section 201(c) for family-sponsored 
immigrants, and shall be allocated visas in a number not to exceed such 
level.''.
    (b) Worldwide Level of Family-Sponsored Immigrants.--Section 201(c) 
of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended--
            (1) by striking ``480,000'' and inserting ``87,934''; and
            (2) by striking ``226,000'' and inserting ``87,934''.
    (c) Numerical Limitation to Any Single Foreign State.--Section 202 
of the Immigration and Nationality Act (8 U.S.C. 1152) is amended--
            (1) in subsection (a)(4), by striking subparagraph (A) and 
        inserting the following new subparagraph:
                    ``(A) 75 percent not subject to per country 
                limitation.--Of the visa numbers made available under 
                section 203(a) in any fiscal year, 75 percent shall be 
                issued without regard to the numerical limitation under 
                paragraph (2).''; and
            (2) in subsection (e)--
                    (A) in paragraph (1), by adding ``and'' at the end;
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraph (3) as paragraph 
                (2).
    (d) Procedure for Granting Immigrant Status.--Section 204 of the 
Immigration and Nationality Act (8 U.S.C. 1154) is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (A)(i), by striking ``paragraph 
                (1), (3), or (4) of'';
                    (B) in subparagraph (B), by striking ``203(a)(2)'' 
                and ``203(a)(2)(A)'' each place such terms appear and 
                inserting ``203(a)''; and
                    (C) in subparagraph (D)(i)--
                            (i) in subclause (I), by striking ``a 
                        petitioner for preference status under 
                        paragraph (1), (2), or (3)'' and all that 
                        follows through the period at the end and 
                        inserting ``to be an individual under 21 years 
                        of age for purposes of adjudicating such 
                        petition, and for purposes of admission as an 
                        immediate relative under section 
                        201(b)(2)(A)(i), notwithstanding the actual age 
                        of the individual.''; and
                            (ii) in subclause (III), by striking 
                        ``paragraph (1), (2), or (3) of section 203(a), 
                        whichever paragraph is applicable,'' and 
                        inserting ``section 203(a), and under 21 years 
                        of age (notwithstanding the actual age of the 
                        individual),''; and
            (2) in subsection (f), by striking ``201(b), 203(a)(1), or 
        203(a)(3), as appropriate.'' and inserting ``201(b).''.
    (e) Classes of Deportable Aliens.--Section 237(a)(1)(E)(ii) of the 
Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended 
by striking ``203(a)(2)'' and inserting ``203(a)''.
    (f) Conditional Permanent Resident Status for Certain Alien Spouses 
and Sons and Daughters.--Section 216(g)(1)(C) of the Immigration and 
Nationality Act (8 U.S.C. 1186a(g)(1)(C)) is amended by striking 
``203(a)(2)'' and inserting ``203(a)''.
    (g) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 307. SPONSORSHIP LEVELS.

    Section 213A(f) of the Immigration and Nationality Act (8 U.S.C. 
1183a(f)) is amended by striking ``125 percent of the Federal poverty 
line'' and inserting ``225 percent of the Federal poverty line'' each 
place it appears.

                 Subtitle B--Visa Term Compliance Bonds

SEC. 311. DEFINITION AND ISSUANCE OF VISA TERM COMPLIANCE BONDS.

    (a) Definitions.--For purposes of this section:
            (1) Visa term compliance bond.--The term ``visa term 
        compliance bond'' means a written suretyship undertaking 
        entered into by an alien individual seeking admission to the 
        United States on a nonimmigrant visa whose performance is 
        guaranteed by a bail agent.
            (2) Suretyship undertaking.--The term ``suretyship 
        undertaking'' means a written agreement, executed by a bail 
        agent, which binds all parties to its certain terms and 
        conditions and which provides obligations for the visa 
        applicant while under the bond and penalties for forfeiture to 
        ensure the obligations of the principal under the agreement.
            (3) Bail agent.--The term ``bail agent'' means any 
        individual properly licensed, approved, and appointed by power 
        of attorney to execute or countersign bail bonds in connection 
        with judicial proceedings and who receives a premium.
            (4) Surety.--The term ``surety'' means an entity, as 
        defined by, and that is in compliance with, sections 9304 
        through 9308 of title 31, United States Code, that agrees--
                    (A) to guarantee the performance, where 
                appropriate, of the principal under a visa term 
                compliance bond;
                    (B) to perform as required in the event of a 
                forfeiture; and
                    (C) to pay over the principal (penal) sum of the 
                bond for failure to perform.
    (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 breach 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 
                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 or, if required, pre-
                        approved itinerary without notifying the surety 
                        or bail agent and the Secretary of Homeland 
                        Security in writing at least three working days 
                        after 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 breach 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) Breach of bond; procedure, forfeiture, 
                notice.--
                            (i) If a visa holder violates any 
                        conditions of the visa or the visa bond, the 
                        Secretary of Homeland Security shall--
                                    (I) order the visa canceled;
                                    (II) immediately obtain a warrant 
                                for the visa holder's arrest;
                                    (III) order the bail agent and 
                                surety to take the visa holder into 
                                custody and surrender the visa holder 
                                to 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 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 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 (8 
                        U.S.C. 1101(a)), 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--

                                                    (AA) by the bond 
                                                holder's illness or 
                                                death;

                                                    (BB) because the 
                                                bond holder is detained 
                                                in custody in any city, 
                                                State, country, or 
                                                political subdivision 
                                                thereof;

                                                    (CC) because the 
                                                bond holder has left 
                                                the United States or 
                                                its outlying 
                                                possessions (as defined 
                                                in section 101(a) of 
                                                the Immigration and 
                                                Nationality Act (8 
                                                U.S.C. 1101(a)); or

                                                    (DD) because 
                                                required notice was not 
                                                given to the bail agent 
                                                or surety; and

                                    (bb) prove within 180 days that the 
                                inability to produce the bond holder 
                                was not with the consent or connivance 
                                of the bail agent or sureties.
                            (v) If the bail agent or surety does not 
                        comply with the terms of this bond within 60 
                        days after the mailing of the notice required 
                        under subparagraph (A)(i)(IV), a portion of the 
                        face value of the bond shall be assessed as a 
                        penalty against the surety, as follows:
                                    (I) If compliance occurs more than 
                                60 days but not more than 90 days after 
                                the mailing of the notice, the amount 
                                assessed shall be one-third of the face 
                                value of the bond.
                                    (II) If compliance occurs more than 
                                90 days, but not more than 180 days, 
                                after the mailing of the notice, the 
                                amount assessed shall be two-thirds of 
                                the face value of the bond.
                                    (III) 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.
                            (vi) 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.
    (d) Regulations.--The Secretary of State and the Secretary of 
Homeland Security shall, after consultation, issue provisional 
regulations implementing the provisions of this section, to take effect 
no later than 120 days the date of the enactment of this Act. Final 
regulations shall be issued after public notice and comment, as 
provided by law.

SEC. 312. 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. 313. 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 
new paragraph:
            ``(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.

                 Subtitle C--Adjustment of Alien Status

SEC. 321. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS.

    (a) Ineligibility for Adjustment of Status.--Section 245(c) of the 
Immigration and Nationality Act (8 U.S.C. 1255(c)) is amended by 
striking ``(other than an immediate relative as defined in section 
201(b) or a special immigrant described in subparagraphs (H), (I), (J), 
or (K) of section 101(a)(27))''.
    (b) Inapplicability of Certain Provisions for Certain Immigrants.--
Section 245(k) of the Immigration and Nationality Act (8 U.S.C. 
1255(k)) is amended to read as follows:
    ``(k) Inapplicability of Certain Provisions for Certain 
Immigrants.--An alien who is eligible to receive an immigrant visa 
under paragraph (1), (2), or (3) of section 203(b), as an immediate 
relative as defined in section 201(b), or, in the case of an alien who 
is an immigrant described in subparagraph (C), (H), (I), (J), or (K) of 
section 101(a)(27), under section 203(b)(4), may adjust status pursuant 
to subsection (a) and notwithstanding paragraphs (2), (7), and (8) of 
subsection (c), if--
            ``(1) the alien, on the date of filing an application for 
        adjustment of status, is present in the United States pursuant 
        to a lawful admission; and
            ``(2) the alien, subsequent to such lawful admission has 
        not, for an aggregate period exceeding 180 days--
                    ``(A) failed to maintain continuously a lawful 
                status;
                    ``(B) engaged in unauthorized employment; or
                    ``(C) otherwise violated the terms and conditions 
                of the alien's admission.''.

SEC. 322. EXPANSION OF NATURALIZATION REQUIREMENT TO CERTAIN 
              NONIMMIGRANT 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 101(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 not considered to be `born 
in wedlock' if the mother and the father of the child are not married 
to each other, or 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. 323. TEMPORARY PROTECTED STATUS.

    (a) In General.--Section 244 of the Immigration and Nationality Act 
(8 U.S.C. 1254a) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (3)(D);
                    (B) in paragraph (4)--
                            (i) by striking subparagraph (B);
                            (ii) by moving the text of subparagraph (A) 
                        up and to the right so that it follows 
                        immediately after the paragraph heading; and
                            (iii) by striking ``(A)''; and
                    (C) in paragraph (5), by striking ``to deny 
                temporary protected status to an alien based on the 
                alien's immigration status or'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by adding ``or'' 
                        at the end;
                            (ii) in subparagraph (B)--
                                    (I) in clause (i), by striking 
                                ``disruption of living conditions'' and 
                                inserting ``physical destruction of 
                                homes and businesses'';
                                    (II) by amending clause (ii) to 
                                read as follows:
                            ``(ii) the foreign state is unable, 
                        temporarily, to house and employ the aliens who 
                        are nationals of the state residing in the 
                        United States, but has officially requested 
                        designation and submitted to the Secretary of 
                        State a specific plan to repatriate such 
                        nationals as expeditiously as possible; and''; 
                        and
                                    (III) in clause (iii), by striking 
                                ``; or'' and inserting a period;
                            (iii) by striking subparagraph (C); and
                            (iv) by adding at the end the following:
    ``An initial designation, or extension of a designation, of a 
foreign state (or part of such foreign state) under this paragraph 
shall not become effective if the Secretary of Homeland Security finds 
that permitting the aliens to remain temporarily in the United States 
is contrary to the national interest of the United States.''
                    (B) in the last sentence of paragraph (2), by 
                striking ``18 months'' and inserting ``12 months'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (A), by inserting 
                        ``all'' after ``and shall determine whether'';
                            (ii) in subparagraph (B), by inserting 
                        ``all'' after ``no longer continues to meet''; 
                        and
                            (iii) by amending subparagraph (C) to read 
                        as follows:
                    ``(C) Extension of designation.--If the Secretary 
                of Homeland Security determines under subparagraph (A) 
                that a foreign state (or part of such foreign state) 
                continues to meet all the conditions for designation 
                under paragraph (1) and that the foreign state warrants 
                an extension, the period of designation of the foreign 
                State is extended for an additional period of 6 months 
                (or, in the discretion of the Secretary, a period of 12 
                months).''; and
                    (D) in paragraph (5)--
                            (i) by striking subparagraph (B);
                            (ii) by moving the text of subparagraph (A) 
                        up and to the right so that it follows 
                        immediately after the paragraph heading; and
                            (iii) by striking ``(A) Designations.--'';
            (3) in subsection (c)--
                    (A) in paragraph (1)(B), by striking ``The amount 
                of any such fee shall not exceed $50.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``of 
                        paragraph (1)--'' and all that follows through 
                        the end and inserting the following: ``, the 
                        provisions of section 212(a)(1) may be waived 
                        in the Secretary of Homeland Security's 
                        discretion if a denial of temporary protected 
                        status would separate the alien from a spouse 
                        or child of the alien in the United States.'';
                            (ii) in subparagraph (B)--
                                    (I) by amending clause (i) to read 
                                as follows:
                            ``(i) the alien is inadmissible under 
                        section 212(a) by reason of having been 
                        convicted of a crime committed in the United 
                        States, or the alien is deportable under 
                        section 237(a) (other than under section 
                        237(a)(1)(B));'';
                                    (II) in clause (ii), by striking 
                                the period at the end and inserting ``; 
                                or''; and
                                    (III) by adding at the end the 
                                following new clause:
                            ``(iii) the alien was unlawfully present in 
                        the United States on the effective date of the 
                        designation of the applicable foreign state (or 
                        part of a state), or the effective date of any 
                        extension of such designation, unless a law to 
                        the contrary is enacted before such date, 
                        except that if the Congress is adjourned sine 
                        die on such date, the alien may be granted 
                        temporary protected status for a period of not 
                        more than 4 months.'';
                    (C) in paragraph (3)--
                            (i) by striking ``, or'' at the end of 
                        subparagraph (B) and inserting a semicolon;
                            (ii) in subparagraph (C)--
                                    (I) by inserting ``and record the 
                                alien's current address'' after 
                                ``register''; and
                                    (II) by striking the period at the 
                                end and inserting a semicolon; and
                            (iii) by adding at the end the following 
                        new subparagraphs:
                    ``(D) the alien commits a crime after being granted 
                temporary protected status; or
                    ``(E) the alien travels, no matter how briefly, to 
                the foreign state (or part of such state) the 
                designation of which was the basis of the alien being 
                granted such status.'';
                    (D) in paragraph (4), in each of subparagraphs (A) 
                and (B), by inserting before the period at the end the 
                following: ``, unless the alien travels, no matter how 
                briefly, to the foreign state (or part of such state) 
                the designation of which was the basis of the alien 
                being granted such status''; and
                    (E) by striking paragraph (6);
            (4) in subsection (d), by striking paragraph (4);
            (5) in subsection (e), by striking ``, unless the Attorney 
        General determines that extreme hardship exists'' in the first 
        sentence;
            (6) in subsection (f)--
                    (A) by inserting ``and'' at the end of paragraph 
                (2);
                    (B) in paragraph (3), by striking ``Attorney 
                General; and'' and inserting ``Secretary of Homeland 
                Security, except to the foreign state (or part of such 
                state) the designation of which was the basis of the 
                alien being granted such status.''; and
                    (C) by striking paragraph (4); and
            (7) in subsection (h)--
                    (A) in paragraph (1), by inserting ``or the House 
                of Representatives'' after ``Senate'';
                    (B) in paragraph (2), by striking ``three-fifths'' 
                and inserting ``two-thirds''; and
                    (C) by inserting ``and the House of 
                Representatives'' after ``Senate'' each place such term 
                appears in paragraphs (2) and (3).
    (b) Ineligibility of Certain Aliens.--
            (1) In general.--In the case of a foreign state (or part of 
        a foreign state) initially designated under section 244 of the 
        Immigration and Nationality Act (8 U.S.C. 1254a), or having 
        such a designation extended, before the date of the enactment 
        of this Act, an alien who is a national of such state (or in 
        the case of an alien having no nationality, is a person who 
        last habitually resided in such state), and was unlawfully 
        present in the United States on the date of such designation or 
        extension, shall be subject to paragraph (2).
            (2) Aliens ineligible.--An alien described in paragraph (1) 
        shall not be considered eligible for temporary protected status 
        under section 244 pursuant to any initial or succeeding 
        extension of a designation described in such paragraph that 
        takes effect after the date of the enactment of this Act, 
        unless a law to the contrary is enacted before such effective 
        date, except that if the Congress is adjourned sine die on such 
        effective date, the alien may be granted temporary protected 
        status for a period of not more than 4 months.

SEC. 324. 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 new subsection:
    ``(i) Notwithstanding any other provision of law, the Secretary of 
Homeland Security, the Attorney General, or any court shall 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. 325. 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 new 
section:

                             ``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--
            ``(1) with respect to an alien described in subsection 
        (a)(1), deny or withhold any such application, petition, 
        status, or benefit on such basis; or
            ``(2) with respect to an alien described in paragraph (2) 
        or (3) of subsection (a), withhold pending resolution of the 
        investigation, case, or law enforcement checks any such 
        application, petition, status, or benefit on such basis.''.

SEC. 326. REPEAL OF SECTION 245(I).

    Section 245(i) of the Immigration and Nationality Act (8 U.S.C. 
1255(i)) is repealed.

SEC. 327. AUTHORIZED APPROPRIATIONS.

    In addition to amounts otherwise authorized to be appropriated, 
there are authorized to be appropriated such sums as may be necessary 
for each of fiscal years 2007 through 2011 to carry out this title.

      TITLE IV--WORKPLACE ENFORCEMENT AND IDENTIFICATION INTEGRITY

                         Subtitle A--In General

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Employment Security Act of 2005''.

SEC. 402. CONGRESSIONAL FINDINGS.

    Congress makes the following findings:
            (1) The failure of Federal, State and local governments to 
        control and sanction the unauthorized employment and unlawful 
        exploitation of illegal alien workers is the primary cause of 
        illegal immigration.
            (2) The use of modern technology not available in 1986 will 
        enable employers to rapidly and accurately verify the identity 
        and work authorization of their employees and independent 
        contractors.
            (3) The Federal Government and the American people share a 
        compelling interest in protection of United States employment 
        authorization, income tax withholding, and social security 
        accounting systems, against unauthorized access by illegal 
        aliens.
            (4) Limited data-sharing between the Department of Homeland 
        Security, the Internal Revenue Service, and the Social Security 
        Administration is essential to the integrity of these vital 
        programs, which protect the employment and retirement security 
        of all working Americans.
            (5) The Federal judiciary must be open to private United 
        States citizens, legal foreign workers, and law-abiding 
        enterprises who seek judicial protection against injury to 
        their wages and working conditions due to unlawful competition 
        from illegal alien workers and the United States enterprises 
        that utilize the labor or services provided by illegal aliens, 
        especially where lack of resources constrains enforcement of 
        Federal immigration law Federal immigration officials.

SEC. 403. EFFECTIVE DATES; IMPLEMENTATION.

    (a) Effective Date.--Except where otherwise provided in this Act, 
the provisions of this title shall take effect not later than 45 days 
after the date of the enactment of this Act.
    (b) Interim Work Eligibility Verification Program.--The provisions 
of section 411 of this Act, (requiring use by employers of the Interim 
Work Eligibility Verification Program, as extended in scope by section 
411(b), shall be implemented not later than 12 months after the date of 
the enactment of this Act.
    (c) Alien Work Eligibility Database.--The provisions of section 421 
of this Act (establishing the Alien Work Eligibility Database and 
transferring the Interim Work Eligibility Program previously operated 
by the Department of Homeland Security to the Social Security 
Administration) shall be implemented not later than 24 months after the 
date of the enactment of this Act.
    (d) Work Eligibility Verification System.--The provisions of 
section 412 of this Act (creating the Work Eligibility Verification 
System) shall be implemented as follows:
            (1) In general.--The Commissioner and the Secretary shall 
        issue regulations to carry out the Work Eligibility 
        Verification System not later than 12 months after the date of 
        the enactment of this Act.
            (2) Provision for issuance of new social security cards.--
        Such regulations shall include provision for the issuance and 
        use of the new social security cards in accordance with section 
        422 of this Act.
                    (A) Application procedures.--The application 
                procedures for new Social Security cards described in 
                section 422 shall be implemented not later than 12 
                months after the implementation of the Alien Work 
                Eligibility Database at the Social Security 
                Administration.
                    (B) Verification requirements.--The verification 
                requirements described in section 274A(a)(1)(B) of the 
                Immigration and Nationality Act, as amended by section 
                412 this Act, shall be effective for employers hiring--
                            (i) a noncitizen, beginning 12 months after 
                        the establishment of the Alien Work Eligibility 
                        Database; or
                            (ii) a citizen or national of the United 
                        States, not later than 10 years after the date 
                        of the enactment of this Act.
            (3) Independent contractors.--Independent contractors 
        shall, for purposes of implementation of the verification 
        requirements of section 412 of this Act, be treated as 
        applicants for employment.
            (4) Pilot program for federal worksites and the district of 
        columbia.--
                    (A) In general.--The Secretary of Homeland Security 
                and the Social Security Commissioner, after 
                consultation, shall implement the verification 
                requirements of section 412 for all applicants for 
                employment at facilities and worksites in the United 
                States operated by the Federal government, and for all 
                employers in the District of Columbia, beginning four 
                years after the date of enactment of this Act.
                    (B) Report.--The Secretary of Homeland Security and 
                the Social Security Commissioner shall jointly submit a 
                report to Congress evaluating implementation of the 
                Interim Work Eligibility Verification Program and 
                providing recommendations for full implementation of 
                the Work Eligibility Verification System within 12 
                months after implementation of the Interim Program.
            (5) Early implementation option.--An employer may elect to 
        require that the verification requirements of section 412 shall 
        be effective for all applicants for employment with the 
        employer beginning five years after the date of the enactment 
        of this Act.

     Subtitle B--Reform of the Work Eligibility Verification System

SEC. 411. BASIC PILOT PROGRAM RENAMED INTERIM WORK ELIGIBILITY 
              VERIFICATION PROGRAM; VERIFICATION REQUIREMENT FOR 
              INDEPENDENT CONTRACTORS.

    (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 ``Interim Work 
Eligibility Verification Program''.
    (b) Extension of Scope of Program.--The Secretary of Homeland 
Security and the Commissioner of Social Security shall provide for the 
implementation of the Interim Work Eligibility Verification Program 
throughout the United States on a timely basis, consistent with section 
403(b) and such Program shall continue in operation until the 
Commissioner certifies to the Secretary that the transfer of functions 
to the Work Eligibility Verification System (as created by section 412) 
is complete.
    (c) Requirement for Use of Employment Eligibility Verification.--
            (1) In general.--Any person or other entity that hires any 
        individual for employment in the United States, or engages an 
        independent contractor to perform services of any kind in the 
        United States, shall participate in the Interim Work 
        Eligibility Verification Program.
            (2) Sanctions for noncompliance.--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) is 
        amended by striking paragraphs (2) and (3) and inserting the 
        following new paragraph:
            ``(2) If a person or other entity is required to 
        participate in a work eligibility confirmation program in this 
        subsection and fails to comply with the requirements of such 
        program with respect to an individual who is subject to such 
        program, such failure shall be treated as a violation of 
        section 274A(a)(1)(B) of the Immigration and Nationality Act 
        with respect to that individual.''.

SEC. 412. WORK ELIGIBILITY VERIFICATION SYSTEM.

    (a) In General.--Section 274A of the Immigration and Nationality 
Act (8 U.S.C. 1324a(a)) is amended to read as follows:

                 ``work eligibility verification system

    ``Sec. 274A. (a)(1) In general.--
            ``(A) Requirements for employees.--No individual may 
        commence employment with an employer in the United States 
        unless such individual has--
                    ``(i) where required by law, obtained a work 
                authorization document that has been determined by the 
                Commissioner of Social Security to comply with the 
                requirements of section 205(c)(2)(G) of the Social 
                Security Act; and
                    ``(ii) displayed such document 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, where required by law, that such 
                individual has in the individual's possession a work 
                authorization document described in subparagraph (A)(i) 
                and that such individual is authorized to work in the 
                United States in such capacity.
                    ``(ii) Verification procedures.--Confirmation of 
                authorization to work shall be made by query to the 
                Social Security Administration in accordance with 
                regulations to be promulgated by the Commissioner of 
                Social Security and the Secretary of Homeland Security. 
                Such regulations shall ensure against frauduluent use 
                of the documents and provide for accurate, prompt, and 
                secure verification of the authorization of such 
                individual to work in the United States in such 
                capacity. The verification system so adopted shall be 
                made available at minimal cost to the employer. The 
                verification system shall at a minimum include use of--
                            ``(I) a card-reader verification system 
                        approved by the Commissioner as capable of 
                        reading the electronic identification strip 
                        borne by the work authorization document;
                            ``(II) telephonic and online computer 
                        verification systems which shall be established 
                        by the Commissioner as valid alternative 
                        verification methods; and
                            ``(III) a unique transaction code to be 
                        produced by the verification system and 
                        provided to an employer as evidence of employer 
                        compliance with the requirements of this 
                        paragraph, and as confirmation of the 
                        employee's work authorization.
                    ``(iii) Verification of citizens.--In the case of 
                United States citizen or national, verification means 
                confirming the cardholder's identity and social 
                security number with the Social Security 
                Administration.
                    ``(iv) Verification of non-citizens.--In the case 
                of a noncitizen, verification means confirming the 
                cardholder's identity and social security number with 
                the Social Security Administration and confirming the 
                cardholder's term of authorization to work in the 
                United States through the Alien Work Eligibility 
                Database.
                    ``(v) Exception.--The Secretary of Homeland 
                Security may, after consultation with the Commissioner 
                of Social Security and the Secretary of Labor, issue 
                regulations providing for alternative work eligibility 
                verification procedures for United States citizens or 
                nationals in individual cases where display of a work 
                authorization document would be a hardship, because the 
                individual is less than 18 or more than 67 years of 
                age, or does not possess a required document due to 
                religious conviction, or is eligible for a 
                rehabilitation or other sheltered employment 
                development or assistance program. Such procedures 
                shall at a minimum require compliance by the employer 
                with the attestation requirements of subsection (b) and 
                confirmation of the individual's citizenship status and 
                social security number.
                    ``(vi) Access to database.--The Commissioner shall 
                ensure that, by means of such procedures, the employer 
                will have such access to the Alien Work Eligibility 
                Database established and operated by the Commissioner 
                of Social Security pursuant to section 421, so as to 
                enable the employer to verify the citizenship, lawful 
                immigration status, and work eligibility information 
                presented by an individual seeking work with the 
                employer in any capacity.
                    ``(vii) Good faith compliance.--Notwithstanding any 
                other provision of law, 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 worker or for discharging an 
                authorized worker, if--
                            ``(I) such hiring or discharge occurred due 
                        to an error in the telephone, online, or card-
                        reader verification system or the Alien Work 
                        Eligibility Database which was unknown to the 
                        employer at the time of such employment action; 
                        and
                            ``(II) the employer, upon being informed of 
                        the error, discharges the unauthorized worker, 
                        or rescinds the discharge of the authorized 
                        worker retroactive to the date such discharge 
                        occurred.
            ``(C) Security and effectiveness.--The regulations issued 
        by the Commissioner of Social Security, in consultation with 
        the Secretary of Homeland Security, shall ensure that--
                    ``(i) the telephonic and online computer 
                verification systems described in subparagraph 
                (B)(ii)(II) are as secure and reliable as the card-
                reader verification system described in subclause (I) 
                of such subparagraph;
                    ``(ii) any personal information encrypted on the 
                work authorization document is secured against 
                disclosure to unauthorized third parties; and
                    ``(iii) a procedure to promptly correct any error 
                in personal data maintained in the verification system 
                is available to any employee or applicant for 
                employment for whom the Work Authorization Verification 
                System has been unable to initially confirm work 
                authorization.
    ``(2) Continuing employment.--It is unlawful for a person or other 
entity, after hiring an alien for employment in accordance with 
paragraph (1), to continue to employ the alien in the United States 
knowing the alien is (or has become) an unauthorized alien with respect 
to such employment.
    ``(3) Use of labor through contract.--A person or other entity who 
uses a contract, subcontract, or exchange, entered into, renegotiated, 
or extended after the date of enactment of this section, to obtain the 
labor of an alien in the United States without confirming that the 
contractor, subcontractor, or actual employer of the alien has verified 
the work authorization of the alien as required by this section shall 
be considered to have hired the alien for employment in the United 
States in violation of paragraph (1)(A).
    ``(4) Application to government entities.--For purposes of this 
section, the term `entity' shall refer to any entity of the Federal or 
any State government, or any political subdivision thereof, and as well 
as any other entity exempted from taxation of income by a Federal or 
State government.
    ``(b) Eligibility 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 in a format 
        designated or established by the Commissioner of Social 
        Security by regulation, that the employer has complied with 
        such procedures.
            ``(2) Individual attestation of employment authorization.--
        The individual must attest, under penalty of perjury in the 
        format designated for purposes of paragraph (1), that the 
        individual is a citizen or national of the United States, an 
        alien lawfully admitted for permanent residence, or an alien 
        who is authorized by this Act or by the Secretary of Homeland 
        Security to be referred, recruited, or hired for such 
        employment. Such attestation must include the individual's 
        social security number, and may be manifested by either a hand-
        written or electronic signature.
            ``(3) Retention of verification form.--After completion of 
        such form in accordance with paragraphs (1) and (2), the 
        employer must retain a paper, microfilm, or electronic version 
        of the form and make it available for inspection, as provided 
        in subparagraph (5), during a period beginning on the date of 
        the hiring, recruiting or referral of the individual and ending 
        three years after the date of recruiting, referral without 
        hiring, hiring, or termination from employment, whichever is 
        later. The verification form shall include the transaction code 
        described in subsection (a)(1)(B)(ii)(III).
            ``(4) Copying of documentation permitted.--Notwithstanding 
        any other provision of law, the person or entity may copy a 
        document as presented by an individual pursuant to this 
        subsection.
            ``(5) Limitation on use of attestation form.--A form 
        designated or established by the Commissioner of Social 
        Security under this section, and any information provided by an 
        individual or employer on such form, may not be used for 
        purposes other than implementation and enforcement of the 
        criminal, immigration, employment, social security, or tax laws 
        of the United States, or of the State wherein the attestation 
        was made.
    ``(c) No Authorization of National Identification Cards.--Nothing 
in this section shall be construed to authorize, directly or 
indirectly, the issuance or use of national identification cards or the 
establishment of a national identification card.
    ``(d) Enforcement by the Department of Homeland Security.--
            ``(1) In general.--The Secretary of Homeland Security may 
        assess a penalty, payable to the Secretary, and shall issue an 
        order to comply with Federal immigration law, against any 
        employer who--
                    ``(A) 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
                    ``(B) fails to comply with the procedures 
                prescribed by the Secretary pursuant to this section in 
                connection with the employment of any individual.
            ``(2) Amount.--Such penalty shall not exceed $50,000 for 
        each occurrence of a violation described in paragraph (1) 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.
            ``(3) Actions by secretary.--If any person is assessed a 
        penalty 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.
    ``(e) Complaints and Investigations.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        establish procedures for private parties and agencies of any 
        State or political subdivision therein to file a written, 
        signed complaint, including a complaint filed in electronic 
        form, alleging violations of this section, consistent with this 
        subsection.
                    ``(A) Review and initial determination.--Each 
                complaint shall be reviewed and a determination made as 
                to whether the complaint, on its face, provides 
                sufficient information to identify the entity and any 
                persons claimed to be in violation of this section, and 
                whether the alleged violation occurred or is occurring 
                within 180 days of the date the complaint is filed. A 
                notice of such determination shall be provided to the 
                complainant.
                    ``(B) Enforcement investigation.--If the review 
                under subparagraph (A) indicates that sufficient 
                information has been provided, the Secretary shall 
                conduct a civil or criminal enforcement investigation.
                    ``(C) Assistance.--The Secretary may authorize a 
                law enforcement agency of the State or local 
                jurisdiction in which a civil or criminal investigation 
                is authorized to conduct or assist in such 
                investigation.
            ``(2) Civil enforcement by other parties.--
                    ``(A) In general.--Any private party, or an agency 
                of any political subdivision of any State, may file a 
                civil complaint directly with the Office of the Chief 
                Administrative Hearing Officer of the Department of 
                Justice against a person or entity that has recruited, 
                hired, or employed 12 or more unauthorized aliens 
                within any 365 day period.
                    ``(B) Time of violation.--The alleged violation 
                shall have occurred within 180 days of the date the 
                complaint was filed.
                    ``(C) Procedures for adjudication.--The 
                adjudication of the complaint shall be conducted 
                pursuant to the requirements for administrative 
                adjudication procedures established by the chapter 5 of 
                title 5, United States Code (popularly known as the 
                Administrative Procedure Act). The complainant shall 
                have the burden of proof in such proceedings.
                    ``(D) Recovery.--A prevailing complainant shall be 
                entitled to issuance of an order for compliance against 
                the entity or persons found to be in violation, as well 
                as a civil penalty with damages equal to three times 
                the amount of any civil fines or monetary penalties 
                that could be levied against the entity and the 
                persons, plus reasonable attorneys' fees and costs.
            ``(3) Authority in investigations.--In conducting 
        investigations and hearings under subsections (d) or (e), 
        immigration officers and administrative law judges shall have 
        reasonable access to examine evidence of any person or entity 
        being investigated, and may compel by subpoena the attendance 
        of witnesses and the production of evidence at any designated 
        place or hearing. Upon application by the Secretary, an 
        appropriate district court of the United States may issue an 
        order requiring compliance with such subpoena and any failure 
        to obey such order may be punished by such court as a contempt 
        thereof.
    ``(f) Appellate Review of Decisions and Orders.--
            ``(1) Department of homeland security enforcement 
        actions.--
                    ``(A) In general.--A decision by the Secretary 
                under subsections (d) or (e)(1) to assess a civil 
                penalty or to issue an order for compliance shall 
                become final unless, within 45 days of the date of such 
                decision, a party adversely affected by such decision 
                files a petition for administrative review with the 
                Office of the Chief Administrative Hearing Officer of 
                the Executive Officer for Immigration Review in the 
                Department of Justice.
                    ``(B) Regulations.--The Chief Administrative 
                Hearing Officer shall promulgate regulations governing 
                proceedings for review of the petition under this 
                paragraph.
                    ``(C) Judicial review.--A party asserting an error 
                of law or the infringement of a right protected by the 
                Constitution made in a decision by the Office of the 
                Chief Administrative Hearing Officer may, within 45 
                days of the date of such decision, file a petition for 
                judicial review in the Court of Appeals for the 
                District of Columbia Circuit.
            ``(2) Other enforcement actions.--A decision by the Office 
        of the Chief Administrative Hearing Officer under subsection 
        (e)(2) to issue an order for compliance or to assess a civil 
        penalty or damages shall become final unless, within 45 days of 
        the date of such decsiion, a party adversely affected by such 
        decision files a petition for judicial review in the United 
        States district court for the judicial district wherein the 
        entity or person that is the subject to the complaint is 
        domiciled.
    ``(g) Prohibition of Indemnity Bonds.--It is unlawful for a person 
or other entity, in the hiring, recruiting, or referring for employment 
of any individual, to require the individual to post a bond or 
security, or otherwise to provide or agree to provide any financial 
guarantee or indemnity against any potential liability arising under 
this section.
    ``(h) Miscellaneous Provisions.--
            ``(1) Documentation.--In providing documentation or 
        endorsement of authorization of any alien for employment in the 
        United States, the Secretary shall provide that any limitation 
        with respect to the duration or type of employment or employer 
        shall be conspicuously stated on the documentation.
            ``(2) Preemption.--The provisions of this section do not 
        preempt any State or local law that may impose additional or 
        increased civil or criminal penalties upon those who recruit, 
        hire, employ or shelter unauthorized aliens in violation of 
        Federal law.
            ``(3) Definitions.--For purposes 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 recruit, refer, or 
                hire 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) otherwise authorized to be so 
                        employed by this Act or by the Secretary of 
                        Homeland Security.
                    ``(F) The term `work authorization document' 
                means--
                            ``(i) in the case of a citizen or national 
                        of the United States, a social security card 
                        described in section 205(c)(2)(G)(ii) of the 
                        Social Security Act (42 U.S.C. 
                        405(c)(2)(G)(ii)), as amended by this Act, or a 
                        State driver's license or identification card 
                        that has been certified pursuant to section 
                        202(a)(2) of the REAL ID Act of 2005 (Public 
                        Law 109-13) and is compatible with the card-
                        reader verification system described in 
                        subsection (a)(1)(B)(ii)(I); or
                            ``(ii) in the case of a noncitizen, a 
                        social security card described in section 
                        205(c)(2)(G)(iii) of the Social Security Act, 
                        as amended.''.
    (b) Investigation Not a Warrantless Entry.--Section 287(e) of the 
Immigration and Nationality Act (8 U.S.C. 1357(e)) is amended by adding 
at the end the following: ``An investigation authorized pursuant to 
subsections (d) or (e) of section 274A is not a warrantless entry.''.

SEC. 413. PROTECTION FOR UNITED STATES WORKERS AND INDIVIDUALS 
              REPORTING IMMIGRATION LAW VIOLATIONS.

    Section 274B(a) of the Immigration and Nationality Act (8 U.S.C. 
1324b(a)) is amended by adding at the end the following:
        ``Notwithstanding any other provision of law, the rights 
        protected by this paragraph include the right of any individual 
        to report a violation or suspected violation of any immigration 
        law to the Department of Homeland Security or a law enforcement 
        agency.''.

SEC. 414. INADMISSIBILITY FOR FAILURE TO PRESENT DOCUMENTATION OF WORK 
              ELIGIBILITY.

    Section 212(a)(9)(B)(i) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(9)(B)) is amended--
            (1) in subclause (I), by striking ``or'' at the end;
            (2) in subclause (II), by adding ``or'' at the end; and
            (3) by inserting after subclause (II) the following new 
        subclause:
                                    ``(III) commenced employment 
                                without complying with the requirements 
                                of section 274A(a)(1)(A),''.

Subtitle C--Work Eligibility Verification Reform in the Social Security 
                             Administration

SEC. 421. ALIEN WORK ELIGIBILITY DATABASE.

    (a) In General.--The Commissioner for Social Security shall 
establish and maintain an Alien Work Eligibility Database.
    (b) Contents of Database.--The Database shall include data 
comprised of the immigration and work authorization status (including 
expiration dates) 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 incorporate 
the employment authorization information, processes and procedures 
maintained by the Department of Homeland Security for the operation of 
the Work Eligibility Verification System, as established pursuant to 
section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a), 
as amended by section 412.
    (c) Operation of Database.--The Commissioner shall maintain ongoing 
consultations with the Secretary of Homeland Security to ensure 
efficient and effective transfer and maintenance of the Database.
    (d) Incorporation of Ongoing Pilot Programs.--The Alien Work 
Eligibility Database shall incorporate the information, processes, and 
procedures employed in connection with the Interim Work Eligibility 
Verification Program, as designated by section 411 of this Act, into 
the operation and maintenance of the Database under subsection (a).

SEC. 422. ANTI-FRAUD 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) In addition to the requirements described in 
                clause (i), the Social Security card shall be a 
                machine-readable, tamper-resistant document, 
                incorporating at a minimum the photograph, security 
                features and machine readable technology and data 
                elements required to meet the minimum standards for 
                Federal use prescribed for State identification cards 
                in Section 202 of the REAL ID Act of 2005, Public Law 
                109-12. The Commissioner shall specify the required 
                machine-readable technology in consultation with the 
                Secretary of Homeland Security, so as to enable 
                employers to use the Work Authorization Document, in 
                conformance with the employment eligibility 
                verification procedures of sections 274A of the 
                Immigration and Nationality Act and section 421 of the 
                TRUE Enforcement and Border Security Act of 2005, to 
                request and obtain verification of work authorization, 
                with respect to the individual to whom the card has 
                been issued.
                    ``(iii) Social Security cards issued to non-
                citizens shall have, in addition to the characteristics 
                described in clauses (i) and (ii), a different color or 
                other readily distinguishable feature than cards that 
                are issued to United States citizens and shall be 
                compatible with document authentication standards 
                required for verification of immigration documents by 
                section 303(b)(1) of the Enhanced Border Security and 
                Visa Entry Reform Act of 2002 (Public Law 107-173).
                    ``(iv) Each Social Security card issued under this 
                subparagraph shall contain physical security features 
                designed to prevent tampering, counterfeiting, or 
                duplication of the card for fraudulent purposes. The 
                Commissioner shall maintain an ongoing program to 
                develop measures in relation to the Social Security 
                card and the issuance thereof to preclude fraudulent 
                use thereof.
                    ``(v) The Commissioner shall provide for the 
                issuance (or reissuance) of a Social Security card 
                which meets the preceding requirements of this 
                subparagraph 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 an application for such card 
                        under this clause in such form and manner as 
                        shall be prescribed by the Commissioner.''.

SEC. 423. NOTIFICATION BY COMMISSIONER OF FAILURE TO CORRECT SOCIAL 
              SECURITY INFORMATION.

    The Commissioner of Social Security shall promptly notify the 
Secretary of Homeland Security of the failure of any individual to 
provide, upon any request of the Commissioner made pursuant to section 
205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)), evidence 
necessary, under such section to--
            (1) establish the age, citizenship, immigration or work 
        eligibility status of the individual;
            (2) establish such individual's true identity;
            (3) determine which (if any) social security account number 
        has previously been assigned to such individual.

SEC. 424. RESTRICTION ON ACCESS AND USE; NO NATIONAL IDENTIFICATION 
              CARD.

    Section 405(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) Access to any information contained in the 
                Alien Work Eligibility Database shall be prohibited for 
                any purpose other than the administration or 
                enforcement of Federal immigration, social security, 
                and tax laws, unless otherwise authorized by Federal 
                law.
                    ``(ii) Nothing in this Act may be construed to 
                require the presentment of a social security card for 
                any purpose other than administration or enforcement of 
                the social security and immigration laws of the United 
                States, or to establish the social security card as a 
                national identification (ID) card.
                    ``(J) No person or entity may--
                            ``(i) use the information in the Alien Work 
                        Eligibility Database for any purpose other than 
                        as permitted by Federal law; or
                            ``(ii) require that any person present or 
                        carry on his person a social security card for 
                        any purpose other than as permitted by Federal 
                        law.
                Whoever knowingly uses, discloses, publishes, or 
                permits the unauthorized use of information in the 
                Alien Work Eligibility Database in violation of this 
                section shall be fined not more than $10,000, by the 
                Social Security Administration. Sixty percent of any 
                such fine imposed shall be awarded to each individual 
                injured by such violation.''.

SEC. 425. SHARING OF INFORMATION WITH THE COMMISSIONER OF INTERNAL 
              REVENUE SERVICE.

    Section 405(c)(2)(H) of the Social Security Act (42 U.S.C. 
605(c)(2)(H)) is amended to read as follows:
                    ``(H) The Commissioner of Social Security shall 
                share with the Secretary of the Treasury--
                            ``(i) the information obtained by the 
                        Commissioner pursuant to the second sentence of 
                        subparagraph (B)(ii) and to subparagraph 
                        (C)(ii) for the purpose of administering those 
                        sections of the Internal Revenue Code of 1986 
                        that grant tax benefits based on support or 
                        residence of children;
                            ``(ii) information relating to the 
                        detection of wages or income from self-
                        employment of unauthorized aliens (as defined 
                        by section 274 of the Immigration and 
                        Nationality Act (8 U.S.C. 1324a)), or the 
                        investigation of false statements or fraud by 
                        such persons incident to administration of the 
                        immigration, social security, or tax laws of 
                        the United States; and
                            ``(iii) information disclosed under this 
                        subparagraph shall be solely for the use of the 
                        officers and employees to whom such information 
                        is disclosed in such response or 
                        investigation.''.

SEC. 426. SHARING OF INFORMATION WITH THE SECRETARY OF HOMELAND 
              SECURITY.

    Section 405(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)), 
as amended by section 424, is amended by adding at the end the 
following new subparagraph:
                    ``(K) 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 
                immigration or social security laws of the United 
                States.''.

Subtitle D--Work Eligibility Verification System Reform in the Internal 
                             Revenue Agency

SEC. 431. SHARING OF INFORMATION WITH THE SECRETARY OF HOMELAND 
              SECURITY AND THE COMMISSIONER OF SOCIAL SECURITY.

    Section 6103(i) of the Internal Revenue Code of 1986 is amended by 
adding at the end the following new paragraph:
            ``(9) Disclosure of information relating to violations of 
        federal immigration law.--
                    ``(A) Upon receipt by the Secretary of a written 
                request, by the Secretary of Homeland Security, or the 
                Social Security Commissioner, the Secretary shall 
                disclosure return information to officers and employees 
                of such agency who are personally and directly--
                            ``(i) engaged in preparation for any 
                        judicial or administrative civil or criminal 
                        enforcement proceeding against an alien under 
                        the Immigration and Nationality Act (8 U.S.C. 
                        1101 et seq), other than the adjudication of 
                        any application for a change in immigration 
                        status or other benefit by such alien, or
                            ``(ii) preparation for a civil or criminal 
                        enforcement proceeding against a citizen or 
                        national of the United States under sections 
                        274, 274A, or 274C of the Immigration and 
                        Nationality Act (8 U.S.C. 1324, 1324a, or 
                        1324c), or
                            ``(iii) any investigation which may result 
                        in such a proceeding.
                    ``(B) Limitation on use of information.--
                            ``(i) Information disclosed under this 
                        paragraph shall be solely for the use of the 
                        officers and employees to whom such information 
                        is disclosed in such response or investigation.
                            ``(ii) Should the proceeding for which such 
                        information has been disclosed not commence 
                        within two years after the date on which the 
                        information was disclosed by the Secretary, the 
                        such information shall be returned to the 
                        Secretary in its entirety, and shall not be 
                        retained in any form by the requestor, unless 
                        the taxpayer is notified in writing as to the 
                        information that has been retained.''.

SEC. 432. INELIGIBILITY FOR NONRESIDENT ALIEN TAX STATUS.

    Section 7701(b)(1) of the Internal Revenue Code of 1986 is amended 
by adding at the end the following new subparagraph:
                    ``(C)(i) An alien who is present in the United 
                States while working in any capacity in violation of 
                section 274A of the Immigration and Nationality Act (8 
                U.S.C. 1324a) during any portion of a calendar year 
                shall be treated as an undocumented alien with respect 
                to such calendar year.
                    ``(ii) Such an undocumented alien shall not be 
                eligible for nonresident alien tax status during such 
                calendar year.
                    ``(iii) The Secretary shall provide the Secretary 
                of Homeland Security and the Social Security 
                Commissioner with information sufficient to establish 
                the identity and last known address of any undocumented 
                alien identified by the Secretary.''.

SEC. 433. UNLAWFUL USE OF INDIVIDUAL TAXPAYER IDENTIFICATION NUMBERS.

    Chapter 75 of the Internal Revenue Code of 1986 is amended by 
inserting after section 7217 the following:

``SEC. 7218. PROHIBITED USES OF TAXPAYER IDENTIFICATION NUMBERS.

    ``(a) It is unlawful for a person to request or use for any purpose 
the taxpayer identification number (TIN) assigned to an alien described 
in section 7701(b)(1), other than a resident alien described in 
subparagraph (A), except where required by regulation, or requested for 
administration of the tax laws by an officer or employee of the 
Internal Revenue Service.
    ``(b) Any person who willfully violates this section shall be 
guilty of a misdemeanor and, upon conviction thereof, shall be punished 
by a fine of not more than $2,000 or imprisonment for not more than 1 
year, or both.''.

SEC. 434. NO DEDUCTION ALLOWED FOR COMPENSATION PAID TO UNAUTHORIZED 
              WORKERS.

    (a) In General.--Section 162(c)(2) of the Internal Revenue Code of 
1986 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 recruiting expense or wage 
                paid to or 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)), unless the 
                alien's eligibility for employment was first verified 
                through the Alien Work Eligibility Verification System, 
                as implemented by the TRUE Enforcement and Border 
                Security Act of 2005.
                    ``(B) Definitions.--For the purposes of this 
                paragraph:
                            ``(i) The term `recruiting expense' means 
                        any payment made to a third party to identify, 
                        recruit, or prepare an individual for 
                        employment.
                            ``(ii) The term `wages' means all 
                        remuneration for employment, including the cash 
                        value of all remuneration (to include benefits) 
                        paid in any medium other than cash.''.
    (b) 7-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 recruiting expense or wages of 
        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 for the 
        collection of such tax may be begun without assessment, at any 
        time within 7 years after the return is filed.''.
    (c) 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.
    (d) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply to taxable years beginning with the first taxable year 
beginning at least 365 days after enactment of this Act.

             Subtitle E--Identification Document Integrity

SEC. 441. CONSULAR IDENTIFICATION DOCUMENTS.

    (a) Acceptance of Foreign Identification Documents.--
            (1) In general.--For purposes of personal identification, 
        no agency, commission, entity, or agent of the executive or 
        legislative branches of the Federal Government may accept, 
        acknowledge, recognize, or rely on any identification document 
        issued by a foreign government, unless otherwise mandated by 
        Federal law. For purposes of this section, an agent shall 
        include:
                    (A) a Federal contractor or grantee; or
                    (B) an institution or entity exempted from Federal 
                income taxation under the Internal Revenue Code of 
                1986.
            (2) Exceptions.--
                    (A) In general.--A person who is not a citizen or 
                national of the United States may present for personal 
                identification purposes an official identification 
                document issued by a foreign government, or other 
                foreign identification document recognized by treaty, 
                if--
                            (i) such noncitizen also simultaneously 
                        presents valid verifiable documentation of 
                        lawful presence in the United States issued by 
                        an agency of the Federal Government;
                            (ii) reporting a violation of law or 
                        seeking government assistance in an emergency; 
                        or
                            (iii) such use is expressly permitted by 
                        Federal law.
                    (B) Nonapplication.--The provisions of paragraph 
                (1) shall not apply to--
                            (i) inspections of alien applicants for 
                        admission to the United States; or
                            (ii) verification of personal 
                        identification outside the United States.
            (3) Listing of acceptable documents.--The Secretary of 
        Homeland Security shall issue, maintain in printed and 
        electronic media, and disseminate to the public at no cost an 
        updated listing, compiled in consultation with the Secretary of 
        State, and including sample facsimiles, of all acceptable 
        Federal documents that satisfy the requirements of paragraph 
        (2)(A). Such listing may, at the discretion of the Secretary of 
        Homeland Security, include a similar listing of documents 
        establishing employment authorization or identity under section 
        274A(b) of the Immigration and Nationality Act (8 U.S.C. 
        1324a(b)).
    (b) Establishment of Personal Identity.--Section 274C of the 
Immigration and Nationality Act (8 U.S.C. 1324c) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraph (6) as paragraph 
                (7); and
                    (B) by inserting after paragraph (5) the following 
                new paragraph:
            ``(6) to use to establish personal identity, before any 
        agent of the Federal Government, or before any agency of the 
        Federal Government or of a State or any political subdivision 
        therein, a travel or identification document issued by a 
        foreign government that is not accepted by the Secretary of 
        Homeland Security to establish personal identity for purposes 
        of admission to the United States at a port of entry, except 
        where a person who is not a citizen of the United States (A) 
        simultaneously presents valid verifiable documentation of 
        lawful presence in the United States issued by an agency of the 
        Federal Government, or (B) is reporting a violation of law or 
        seeking government assistance in an emergency, or (C) such use 
        is expressly permitted by Federal law.''; and
            (2) in subsection (d)--
                    (A) by redesignating paragraphs (2) though (7) as 
                paragraphs (3) through (8), respectively; and
                    (B) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) Civil complaint procedure.--
                    ``(A) The Secretary of Homeland Security shall 
                establish procedures to file a written, signed 
                complaint, which may be submitted in electronic form, 
                alleging a violation of subsection (a). A complaint may 
                be filed by a state or local government agency, or by a 
                private party injured by a violation of subsection (a).
                    ``(B) Each complaint filed shall be reviewed and a 
                determination made as to whether the complaint, on its 
                face, provides sufficient information to identify the 
                entity and any persons claimed to be in violation of 
                this section, to identify the prohibited activity, and 
                whether the alleged violation occurred or is occurring 
                within 180 days of the date the complaint was filed. A 
                notice of such determination shall be provided to the 
                complainant.
                    ``(C) If the review under paragraph (2) indicates 
                that sufficient information has been provided, the 
                Secretary shall conduct a civil or criminal enforcement 
                investigation.
                    ``(D) The Secretary may authorize a law enforcement 
                agency of the state or local jurisdiction in which a 
                civil or criminal investigation is authorized to 
                conduct or assist in such investigation.''.
    (c) Qualified Immunity.--Actions taken in violation of subsection 
(a) of this section, or section 274C of the Immigration and Nationality 
Act (8 U.S.C. 1324c), as amended by subsection (b), shall be deemed 
outside the official capacity of the elected official or officer, 
employee, or agent of a Federal agency so acting.

SEC. 442. MACHINE-READABLE TAMPER-RESISTANT IMMIGRATION DOCUMENTS.

    Section 303 of the Enhanced Border Security and Visa Entry Reform 
Act of 2002 (Public Law 107-173) (8 U.S.C. 1732) is amended--
            (1) in the header, by striking ``entry and exit documents'' 
        and inserting ``travel and entry documents and evidence of 
        status'';
            (2) in subsection (b)(1)--
                    (A) by striking ``Not later than October 26, 2004, 
                the Attorney General'' and inserting ``The Secretary of 
                Homeland Security''; and
                    (B) by striking ``visas and'' each place it appears 
                and inserting ``visas, evidence of status, and''; and
            (3) by striking subsection (d); and inserting after 
        subsection (c) the following new subsections:
    ``(d) Other Documents.--Not later than October 26, 2007, every 
document, other than an interim document, issued by the Department of 
Homeland Security, which may be used as evidence of immigrant, 
nonimmigrant, parole, asylee, or refugee status, shall be machine-
readable, tamper-resistant, and incorporate a biometric identifier to 
allow the Department of Homeland Security to electronically verify the 
identity and status of the alien.
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        such sums as may be necessary to carry out this section, 
        including reimbursements to international and domestic 
        standards organizations.
            ``(2) Fee.--During any fiscal year for which appropriations 
        sufficient to issue documents described in subsection (d) have 
        not been made by Congress, the Secretary is authorized to 
        implement and collect a fee sufficient to cover the direct cost 
        of issuance of such document from the alien to whom the 
        document will be issued.
            ``(3) Exception.--The fee described in paragraph (2) may 
        not be levied against nationals of a foreign state, where the 
        Secretary has determined that the total estimated population of 
        such state who are unlawfully present in the United States does 
        not exceed 3,000 aliens.''.

SEC. 443. BIRTH CERTIFICATES.

    (a) Minimum Standards for Federal Recognition.--
            (1) In general.--A Federal agency may not accept, for any 
        official purpose, a birth certificate issued by a State to any 
        person unless the State satisfies the requirements of this 
        section.
            (2) 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.
            (3) Minimum document standards.--
                    (A) In general.--Each birth certificate issued to a 
                person by the State shall be printed on safety paper 
                and shall include the seal of the issuing custodian of 
                record and such other features as the Secretary 
                determines necessary to prevent tampering, 
                counterfeiting, or otherwise duplicating the birth 
                certificate for fraudulent purposes. The Secretary may 
                not require birth certificates issued by all States to 
                conform to a single design.
                    (B) Electronic issuance and tracking system.--The 
                Secretary of Homeland Security, in consultation with 
                the Secretary of Health and Human Services and the 
                Commissioner of Social Security, shall develop an 
                electronic system for issuing and tracking birth 
                certificates so that entities requiring such documents 
                can quickly confirm their validity.
            (4) Minimum issuance standards.--
                    (A) In general.--Before issuing an authenticated 
                copy of a birth certificate of any child, a State shall 
                require the requestor to provide, and shall verify--
                            (i) the name of the child that will appear 
                        on the birth certificate;
                            (ii) the date and location of the child's 
                        birth;
                            (iii) the maiden name of the child's 
                        mother; and
                            (iv) substantial proof of the requestor's 
                        identity.
                    (B) Issuance to persons not named on birth 
                certificate.--A State shall not issue a birth 
                certificate to a requestor who is not named on the 
                birth certificate unless the requestor presents legal 
                authorization in support of the request.
                    (C) Issuance to family members.--Not later than 1 
                year after the date of enactment of this Act, the 
                Secretary, in consultation with the Secretary of Health 
                and Human Services and appropriate State 
                representatives, 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 subparagraphs (A) through (C) in 
                exceptional circumstances, such as the incapacitation 
                of the registrant.
                    (E) Application by electronic means.--A State shall 
                employ third party verification, or equivalent 
                verification, of the identity of the requestor for 
                applications by electronic means, through the mail, or 
                by phone or fax.
                    (F) Verification of documents.--A State shall 
                verify the documents used to provide proof of identity 
                of the requestor.
            (5) Effective date.--This subsection shall take effect on 
        May 11, 2008.
    (b) Applicability of Minimum Standards to Local Governments.--The 
minimum standards set forth in subsection (a) for birth certificates 
issued by a State shall 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.
    (c) Other Requirements.--When issuing and administering birth 
certificates, each State shall--
            (1) establish and implement minimum building security 
        standards for State and local vital record offices;
            (2) 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;
            (3) subject all persons with access to vital records to 
        appropriate security clearance requirements;
            (4) establish fraudulent document recognition training 
        programs for appropriate employees engaged in the issuance 
        process;
            (5) establish and implement internal operating system 
        standards for paper and for electronic systems;
            (6) 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;
            (7) 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; and
            (8) cooperate with the Secretary in the implementation of 
        electronic verification of vital events under subsection (f).
    (d) Verification of Birth Records Provided in Social Security 
Applications.--
            (1) In general.--Section 205(c)(2)(B)(ii) of the Social 
        Security Act (42 U.S.C. 405(c)(2)(B)(ii)) is amended--
                    (A) by inserting ``(I)'' after ``(ii)''; and
                    (B) by adding at the end the following new 
                subclause:
                                    ``(II) With respect to an 
                                application for a social security 
                                account number for an individual, other 
                                than for purposes of enumeration at 
                                birth, the Commissioner shall require 
                                independent verification of any birth 
                                record provided by the applicant in 
                                support of the application.''.
            (2) Effective date.--The amendment made by subsection (a) 
        shall take effect and apply with respect to applications filed 
        on or after the date that is 180 days after the date of the 
        enactment of this Act.
    (e) 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--
            (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 six months after the date of the 
        enactment of this Act, submit to Congress a report examining 
        whether there is a need for Federal laws to address penalties 
        for fraud and misuse of vital records and whether violations 
        are sufficiently enforced;
            (7) not later than one year after the date of the enactment 
        of this Act--
                    (A) establish a process with the Secretary 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; and
                    (B) establish a process with the Secretary 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; and
            (8) not later than three years after the date of the 
        establishment of databases provided for under this section, 
        require States to record and retain electronic records of 
        pertinent identification information collected from requesters 
        who are not the registrants.
    (f) Electronic Verification of Vital Events.--
            (1) Lead agency.--The Secretary of Health and Human 
        Services shall lead the implementation of electronic 
        verification of a person's birth and death.
            (2) Regulations.--In carrying out paragraph (1), such 
        Secretary shall promulgate 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 the database of such jurisdiction that 
        matches the paper birth certificate will be returned to the 
        user, along with an indication if the matching birth record has 
        been marked as deceased. The regulations shall take effect not 
        later than five years after the date of the enactment of this 
        Act.
    (g) Grants to States and Local Governments.--
            (1) In general.--The Secretary of Homeland Security may 
        make grants to a State or local government to assist the State 
        or local government to conform to the minimum standards set 
        forth in this section.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to such Secretary for each of the fiscal 
        years 2007 through 2011 such sums as may be necessary to carry 
        out this section.
    (h) Authority.--
            (1) Participation with federal agencies.--All authority to 
        issue regulations, certify standards, and issue grants under 
        this section shall be carried out by the Secretary, with the 
        concurrence of the Secretary of Health and Human Services and 
        in consultation with State vital statistics offices and 
        appropriate Federal agencies.
            (2) Extension of deadlines.--The Secretary may grant to a 
        State an extension of time to meet the requirements of 
        subsection (b)(1)(A) of this section if, in the discretion of 
        the Secretary, the State provides adequate justification for 
        noncompliance.
    (i) Repeal.--Section 7211 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458) is repealed.

 Subtitle F--Limitations on Illegal Alien Collection of Social Security

SEC. 451. 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''.

SEC. 452. 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.''.

SEC. 453. EFFECTIVE DATE.

    The amendments made by this subtitle shall apply with respect to 
wages earned, and self-employment income derived, before, on, or after 
the date of the enactment of this Act. Notwithstanding section 
215(f)(1) of the Social Security Act (42 U.S.C. 415(f)(1)), as soon as 
practicable after the date of the enactment of this Act, the 
Commissioner of Social Security shall recompute all primary insurance 
amounts to the extent necessary to carry out such amendments. Such 
amendments shall affect benefits only for months after the date of the 
enactment of this Act.

SEC. 454. AUTHORIZED APPROPRIATIONS.

    In addition to amounts otherwise authorized to be appropriated, 
there are authorized to be appropriated such sums as may be necessary 
for each of fiscal years 2007 through 2011 to carry out this title.

                   TITLE V--PENALTIES AND ENFORCEMENT

                Subtitle A--Criminal and Civil Penalties

SEC. 501. CRIMINAL PENALTIES FOR 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 years'' 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'';
                            (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
                            (iv) by striking the matter following 
                        clause (iii) and inserting the following new 
                        subparagraph:
                    ``(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'';
            (4) in paragraph (3)(B), by striking ``brought into'' and 
        inserting ``transported, harbored, sheltered, or encouraged or 
        induced to enter or reside in''; and
            (5) in paragraph (4), by striking ``10 years'' and 
        inserting ``20 years''.

SEC. 502. STRENGTHENED ENFORCEMENT OF ALIEN REGISTRATION LAWS.

    (a) Forms and Procedure.--Section 264(e) of the Immigration and 
Nationality Act (8 U.S.C. 1304(e)) is amended--
            (1) in the first sentence, by inserting ``willfully'' 
        before ``fails to comply''; and
            (2) in the second sentence, by striking ``$100'' and 
        ``thirty days'' and inserting ``$2,000'' and ``18 months''.
    (b) Penalties.--Section 266 of such Act (8 U.S.C. 1306) is 
amended--
            (1) in subsection (a), by striking ``$1,000'' and ``six 
        months'' and inserting ``$2,000'' and ``18 months'';
            (2) in subsection (b), by inserting ``willfully'' before 
        ``fails to give written notice'', and by striking ``$200'' and 
        ``thirty days'' and inserting ``$2,000'' and ``18 months'';
            (3) in subsection (c)--
                    (A) by striking ``be guilty of a misdemeanor and 
                shall, upon conviction thereof,''; and
                    (B) by striking ``$1,000'' and ``six months'' and 
                inserting ``$2,000'' and ``18 months''; and
            (4) by inserting after subsection (d) the following new 
        subsection:
    ``(e) Authority to Arrest.--No officer or person shall have 
authority to make an arrest for a violation of any provision of this 
section except officers and employees so authorized under the 
provisions of section 287, and all other law enforcement officers whose 
duty it is to enforce criminal laws, unless designated, individually or 
as a class, by the Secretary of Homeland Security.''.

SEC. 503. CRIMINAL AND CIVIL PENALTIES FOR ENTRY OF ALIENS AT IMPROPER 
              TIME OR PLACE, AVOIDANCE OF EXAMINATION OR INSPECTION, 
              UNLAWFUL PRESENCE AND MISREPRESENTATION OR CONCEALMENT OF 
              FACTS.

    Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) 
is amended to read as follows:

    ``entry at improper time or place; avoidance of examination or 
  inspection; unlawful presence; misrepresentation or concealment of 
                                 facts

    ``Sec. 275. (a) In General.--Any alien who--
            ``(1) enters or attempts to enter the United States at any 
        time or place other than as designated by immigration officers;
            ``(2) eludes examination or inspection by immigration 
        officers; or
            ``(3) attempts to enter or obtains entry to the United 
        States by a willfully false or misleading representation or the 
        willful concealment of a material fact,
shall, for the first commission of any such offense, be fined under 
title 18, United States Code, or imprisoned not more than 2 years, or 
both. For each subsequent unlawful entry or attempted entry in 
violation of this section, an alien shall be fined under title 18, 
United States Code, or imprisoned not more than 5 years, or both.
    ``(b) Improper Time or Place; Civil Penalties.--Any alien who is 
apprehended while entering (or attempting to enter) the United States 
at a time or place other than as designated by immigration officers 
shall be subject to a civil penalty of--
            ``(1) at least $100 and not more than $10,000 for each such 
        entry (or attempted entry); or
            ``(2) three times the amount specified in paragraph (1) in 
        the case of an alien who has been previously subject to a civil 
        penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in 
lieu of, any criminal or other civil penalties that may be imposed.
    ``(c) Marriage Fraud.--An individual who knowingly enters into a 
marriage for the purpose of evading any provision of the immigration 
laws shall be fined not more than $500,000, imprisoned not more than 10 
years, or both.
    ``(d) Immigration-Related Entrepreneurship Fraud.--Any individual 
who knowingly established a commercial enterprise for the purpose of 
evading any provision of the immigration laws shall be fined not more 
than $500,000, or imprisoned not more than 10 years, or both.''.

SEC. 504. CIVIL AND CRIMINAL PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN 
              THE UNITED STATES.

    (a) In General.--Title II of the Immigration and Nationality Act (8 
U.S.C. 1151 et seq.) is amended by adding after section 275 the 
following new section:

    ``criminal penalties for unlawful presence in the united states

    ``Sec. 275A. (a) In General.--In addition to any other violation, 
an alien present in the United States in violation of this Act shall be 
guilty of a misdemeanor and shall be fined under title 18, United 
States Code, imprisoned not more than 1 year, or both. The assets of 
any alien present in the United States in violation of this Act shall 
be subject to forfeiture under title 19, United States Code.
    ``(b) Affirmative Defense.--It shall be an affirmative defense to a 
violation of subsection (a) that the alien overstayed the time allotted 
under the alien's visa due to an exceptional and extremely unusual 
hardship or physical illness that prevented the alien from leaving the 
United States by the required date.''.
    (b) Increase in Criminal Penalties for Illegal Entry.--Section 
275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)) is 
amended by striking ``6 months,'' and inserting ``1 year,''.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to limit the authority of any State or political subdivision 
therein to enforce criminal trespass laws against aliens whom a law 
enforcement agency has verified to be present in the United States in 
violation of this Act.

SEC. 505. INCREASED PENALTIES FOR REENTRY OF REMOVED ALIENS.

    (a) In General.--Subsection (a) of section 276 of the Immigration 
and Nationality Act (8 U.S.C. 1326) is amended to read as follows:
    ``(a) Subject to subsection (b), any alien shall be fined under 
title 18, United States Code, or imprisoned not more than 2 years, or 
both, who--
            ``(1) has been denied admission, excluded, deported, or 
        removed or has departed the United States while an order of 
        exclusion, deportation, or removal is outstanding; and
            ``(2) thereafter enters, attempts to enter, or is at any 
        time found in, the United States, unless, in the case of an 
        alien previously denied admission and removed, the alien 
        establishes that the alien was not required to obtain from the 
        Secretary of Homeland Security advance consent to reapply for 
        admission under this Act or any prior Act.''.
    (b) Criminal Penalties for Reentry of Certain Removed Aliens.--
Subsection (b) of such section is amended--
            (1) in paragraph (3), by striking ``sentence.'' and 
        inserting ``sentence;''; and
            (2) in paragraph (4), by striking ``(unless the Attorney 
        General has expressly consented to such alien's reentry)''.
    (c) Reentry of Aliens Removed Prior to Completion of 
Imprisonment.--Subsection (c) of such section is amended--
            (1) by inserting ``(as in effect before the effective date 
        of the amendments made by section 305 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996), 
        or removed under section 241(a)(4),'' after ``242(h)(2)'';
            (2) by striking ``(unless the Attorney General has 
        expressly consented to such alien's reentry)'';
            (3) by inserting ``or removal'' after ``time of 
        deportation''; and
            (4) by inserting ``or removed'' after ``reentry of 
        deported''.
    (d) Challenge to Validity of Order.--Subsection (d) of such section 
is amended--
            (1) in the matter before paragraph (1), by striking 
        ``deportation order'' and inserting ``deportation or removal 
        order''; and
            (2) in paragraph (2), by inserting ``or removal'' after 
        ``deportation''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
criminal proceedings involving aliens who enter, attempt to enter, or 
are found in the United States, after such date.

SEC. 506. CIVIL AND CRIMINAL PENALTIES FOR DOCUMENT FRAUD, BENEFIT 
              FRAUD, AND FALSE CLAIMS OF CITIZENSHIP.

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

    ``(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:

                      ``Chapter 52--Illegal Aliens

``1131. Enhanced penalties for certain crimes committed by illegal 
                            aliens.''.

SEC. 507. RENDERING INADMISSIBLE AND DEPORTABLE ALIENS PARTICIPATING IN 
              CRIMINAL STREET GANGS.

    (a) Inadmissible.--Section 212(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end 
the following:
                    ``(J) Criminal street gang participation.--
                            ``(i) In general.--Any alien is 
                        inadmissible if--
                                    ``(I) the alien has been removed 
                                under section 237(a)(2)(F); or
                                    ``(II) the consular officer or the 
                                Secretary of Homeland Security knows, 
                                or has reasonable ground to believe 
                                that the alien--
                                            ``(aa) is a member of a 
                                        criminal street gang and has 
                                        committed, conspired, or 
                                        threatened to commit, or seeks 
                                        to enter the United States to 
                                        engage solely, principally, or 
                                        incidentally in, a gang crime 
                                        or any other unlawful activity; 
                                        or
                                            ``(bb) is a member of a 
                                        criminal street gang designated 
                                        under section 219A.
                            ``(ii) Definitions.--For purposes of this 
                        subparagraph:
                                    ``(I) Criminal street gang.--The 
                                term `criminal street gang' means an 
                                ongoing group, group, club organization 
                                or informal association of five or more 
                                persons who engage, or have engaged 
                                within the past 5 years in a continuing 
                                series of 3 or more gang crimes (one of 
                                which is a crime of violence, as 
                                defined in section 16 of title 18, 
                                United States Code).
                                    ``(II) Gang crime.--The term `gang 
                                crime' means conduct constituting any 
                                Federal or State crime, punishable by 
                                imprisonment for one year or more, in 
                                any of the following categories:
                                            ``(aa) A crime of violence 
                                        (as defined in section 16 of 
                                        title 18, United States Code).
                                            ``(bb) A crime involving 
                                        obstruction of justice, 
                                        tampering with or retaliating 
                                        against a witness, victim, or 
                                        informant, or burglary.
                                            ``(cc) A crime involving 
                                        the manufacturing, importing, 
                                        distributing, possessing with 
                                        intent to distribute, or 
                                        otherwise dealing in a 
                                        controlled substance or listed 
                                        chemical (as those terms are 
                                        defined in section 102 of the 
                                        Controlled Substances Act (21 
                                        U.S.C. 802)).
                                            ``(dd) Any conduct 
                                        punishable under section 844 of 
                                        title 18, United States Code 
                                        (relating to explosive 
                                        materials), subsection (d), 
                                        (g)(1) (where the underlying 
                                        conviction is a violent felony 
                                        (as defined in section 
                                        924(e)(2)(B) of such title) or 
                                        is a serious drug offense (as 
                                        defined in section 
                                        924(e)(2)(A)), (i), (j), (k), 
                                        (o), (p), (q), (u), or (x) of 
                                        section 922 of such title 
                                        (relating to unlawful acts), or 
                                        subsection (b), (c), (g), (h), 
                                        (k), (l), (m), or (n) of 
                                        section 924 of such title 
                                        (relating to penalties), 
                                        section 930 of such title 
                                        (relating to possession of 
                                        firearms and dangerous weapons 
                                        in Federal facilities), section 
                                        931 of such title (relating to 
                                        purchase, ownership, or 
                                        possession of body armor by 
                                        violent felons), sections 1028 
                                        and 1029 of such title 
                                        (relating to fraud and related 
                                        activity in connection with 
                                        identification documents or 
                                        access devices), section 1952 
                                        of such title (relating to 
                                        interstate and foreign travel 
                                        or transportation in aid of 
                                        racketeering enterprises), 
                                        section 1956 of such title 
                                        (relating to the laundering of 
                                        monetary instruments), section 
                                        1957 of such title (relating to 
                                        engaging in monetary 
                                        transactions in property 
                                        derived from specified unlawful 
                                        activity), or sections 2312 
                                        through 2315 of such title 
                                        (relating to interstate 
                                        transportation of stolen motor 
                                        vehicles or stolen property).
                                            ``(ee) Any conduct 
                                        punishable under section 274 
                                        (relating to bringing in and 
                                        harboring certain aliens), 
                                        section 277 (relating to aiding 
                                        or assisting certain aliens to 
                                        enter the United States), or 
                                        section 278 (relating to 
                                        importation of alien for 
                                        immoral purpose) of this 
                                        Act.''.
    (b) Deportable.--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) Criminal street gang participation.--
                            ``(i) In general.--Any alien is deportable 
                        who--
                                    ``(I) is a member of a criminal 
                                street gang and is convicted of 
                                committing, or conspiring, threatening, 
                                or attempting to commit, a gang crime; 
                                or
                                    ``(II) is determined by the 
                                Secretary of Homeland Security to be a 
                                member of a criminal street gang 
                                designated under section 219A.
                            ``(ii) Definitions.--For purposes of this 
                        subparagraph, the terms `criminal street gang' 
                        and `gang crime' have the meaning given such 
                        terms in section 212(a)(2)(J)(ii).''.
    (c) Designation of Criminal Street Gangs.--
            (1) In general.--Chapter 2 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
        adding at the end the following:

                 ``designation of criminal street gangs

    ``Sec. 219A. (a) Designation.--
            ``(1) In general.--The Attorney General is authorized to 
        designate a group or association as a criminal street gang in 
        accordance with this subsection if the Attorney General finds 
        that the group or association meets the criteria described in 
        section 212(a)(2)(J)(ii)(I).
            ``(2) Procedure.--
                    ``(A) Notice.--
                            ``(i) To congressional leaders.--Seven days 
                        before making a designation under this 
                        subsection, the Attorney General shall, by 
                        classified communication, notify the Speaker 
                        and Minority Leader of the House of 
                        Representatives, the President pro tempore, 
                        Majority Leader, and Minority Leader of the 
                        Senate, and the members of the relevant 
                        committees of the House of Representatives and 
                        the Senate, in writing, of the intent to 
                        designate a group or association under this 
                        subsection, together with the findings made 
                        under paragraph (1) with respect to that group 
                        or association, and the factual basis 
                        therefore.
                            ``(ii) Publication in federal register.--
                        The Attorney shall publish the designation in 
                        the Federal Register seven days after providing 
                        the notification under clause (i).
                    ``(B) Effect of designation.--
                            ``(i) A designation under this subsection 
                        shall take effect upon publication under 
                        subparagraph (A)(ii).
                            ``(ii) Any designation under this 
                        subsection shall cease to have effect upon an 
                        Act of Congress disapproving such designation.
            ``(3) Record.--In making a designation under this 
        subsection, the Attorney General shall create an administrative 
        record.
            ``(4) Period of designation.--
                    ``(A) In general.--A designation under this 
                subsection shall be effective for all purposes until 
                revoked under paragraph (5) or (6) or set aside 
                pursuant to subsection (b).
                    ``(B) Review of designation upon petition.--
                            ``(i) In general.--The Attorney General 
                        shall review the designation of a criminal 
                        street gang under the procedures set forth in 
                        clauses (iii) and (iv) if the designated gang 
                        or association files a petition for revocation 
                        within the petition period described in clause 
                        (ii).
                            ``(ii) Petition period.--For purposes of 
                        clause (i)--
                                    ``(I) if the designated gang or 
                                association has not previously filed a 
                                petition for revocation under this 
                                subparagraph, the petition period 
                                begins 2 years after the date on which 
                                the designation was made; or
                                    ``(II) if the designated gang or 
                                association has previously filed a 
                                petition for revocation under this 
                                subparagraph, the petition period 
                                begins 2 years after the date of the 
                                determination made under clause (iv) on 
                                that petition.
                            ``(iii) Procedures.--Any criminal street 
                        gang that submits a petition for revocation 
                        under this subparagraph must provide evidence 
                        in that petition that the relevant 
                        circumstances described in paragraph (1) are 
                        sufficiently different from the circumstances 
                        that were the basis for the designation such 
                        that a revocation with respect to the gang is 
                        warranted.
                            ``(iv) Determination.--
                                    ``(I) In general.--Not later than 
                                180 days after receiving a petition for 
                                revocation submitted under this 
                                subparagraph, the Attorney General 
                                shall make a determination as to such 
                                revocation.
                                    ``(II) Publication of 
                                determination.--A determination made by 
                                the Attorney General under this clause 
                                shall be published in the Federal 
                                Register.
                                    ``(III) Procedures.--Any revocation 
                                by the Attorney General shall be made 
                                in accordance with paragraph (6).
                    ``(C) Other review of designation.--
                            ``(i) In general.--If in a 4-year period no 
                        review has taken place under subparagraph (B), 
                        the Attorney General shall review the 
                        designation of the criminal street gang in 
                        order to determine whether such designation 
                        should be revoked pursuant to paragraph (6).
                            ``(ii) Procedures.--If a review does not 
                        take place pursuant to subparagraph (B) in 
                        response to a petition for revocation that is 
                        filed in accordance with that subparagraph, 
                        then the review shall be conducted pursuant to 
                        procedures established by the Attorney General. 
                        The results of such review and the applicable 
                        procedures shall not be reviewable in any 
                        court.
                            ``(iii) Publication of results of review.--
                        The Attorney General shall publish any 
                        determination made pursuant to this 
                        subparagraph in the Federal Register.
            ``(5) Revocation by act of congress.--The Congress, by an 
        Act of Congress, may block or revoke a designation made under 
        paragraph (1).
            ``(6) Revocation based on change in circumstances.--
                    ``(A) In general.--The Attorney General may revoke 
                a designation made under paragraph (1) at any time, and 
                shall revoke a designation upon completion of a review 
                conducted pursuant to subparagraphs (b) and (c) of 
                paragraph (4) if the Attorney General finds that--
                            ``(i) the circumstances that were the basis 
                        for the designation have changed in such a 
                        manner as to warrant revocation; or
                            ``(ii) the national security of the United 
                        States warrants a revocation.
                    ``(B) Procedure.--The procedural requirements of 
                paragraphs (2) and (3) shall apply to a revocation 
                under this paragraph. Any revocation shall take effect 
                on the date specified in the revocation or upon 
                publication in the Federal Register if no effective 
                date is specified.
            ``(7) Effect of revocation.--The revocation of a 
        designation under paragraph (5) or (6) shall not affect any 
        action or proceeding based on conduct committed prior to the 
        effective date of such revocation.
            ``(8) Use of designation in hearing.--If a designation 
        under this subsection has become effective under paragraph 
        (2)(B), an alien in a removal proceeding shall not be permitted 
        to raise any question concerning the validity of the issuance 
        of such designation as a defense or an objection at any 
        hearing.
    ``(b) Judicial Review of Designation.--
            ``(1) In general.--Not later than 60 days after publication 
        of the designation in the Federal Register, an group or 
        association designated as a criminal street gang may seek 
        judicial review of the designation in the United States Court 
        of Appeals for the District of Columbia Circuit.
            ``(2) Basis of review.--Review under this subsection shall 
        be based solely upon the administrative record.
            ``(3) Scope of review.--The court shall hold unlawful and 
        set aside a designation the court finds to be--
                    ``(A) arbitrary, capricious, an abuse of 
                discretion, or otherwise not in accordance with law;
                    ``(B) contrary to constitutional right, power, 
                privilege, or immunity;
                    ``(C) in excess of statutory jurisdiction, 
                authority, or limitation, or short of statutory right;
                    ``(D) lacking substantial support in the 
                administrative record taken as a whole; or
                    ``(E) not in accord with the procedures required by 
                law.
            ``(4) Judicial review invoked.--The pendency of an action 
        for judicial review of a designation shall not affect the 
        application of this section, unless the court issues a final 
        order setting aside the designation.
    ``(c) Relevant Committee Defined.--As used in this section, the 
term `relevant committees' means the Committees on the Judiciary of the 
House of Representatives and of the Senate.''.
            (2) Clerical amendment.--The table of contents for the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
        amended by inserting after the item relating to section 219 the 
        following:

``Sec. 219A. Designation of criminal street gangs.''.

SEC. 508. MANDATORY DETENTION OF SUSPECTED CRIMINAL STREET GANG 
              MEMBERS.

    (a) In General.--Section 236(c)(1)(d) of the Immigration and 
Nationality Act (8 U.S.C. 1226(c)(1)(d)) is amended--
            (1) by inserting ``or 212(a)(2)(J)'' after 
        ``212(a)(3)(B)''; and
            (2) by inserting ``or 237(a)(2)(F)'' before 
        ``237(a)(4)(B)''.
    (b) Annual Report.--Not later than March 1 of each year (beginning 
1 year after the date of the enactment of this Act), the Secretary of 
Homeland Security, after consultation with the appropriate Federal 
agencies, shall submit a report to the Committees on the Judiciary of 
the House of Representatives and of the Senate on the number of aliens 
detained under the amendments made by subsection (a).

SEC. 509. INELIGIBILITY FROM PROTECTION FROM REMOVAL AND ASYLUM.

    (a) Inapplicability of Restriction on Removal to Certain 
Countries.--Section 241(b)(3)(B) of the Immigration and Nationality Act 
(8 U.S.C. 1251(b)(3)(B)) is amended, in the matter preceding clause 
(i), by inserting ``who is described in section 212(a)(2)(J)(i) or 
section 237(a)(2)(F)(i) or who is'' after ``to an alien''.
    (b) Ineligibility for Asylum.--Section 208(b)(2)(A) of such act (8 
U.S.C. 1158(b)(2)(A)) is amended--
            (1) in clause (v), by striking ``or'' at the end;
            (2) by redesignating clause (vi) as clause (vii); and
            (3) by inserting after clause (v) the following:
                            ``(vi) the alien is described in section 
                        212(a)(2)(J)(i) or section 237(a)(2)(F)(i) 
                        (relating to participation in criminal street 
                        gangs); or''.
    (c) Denial of Review of Determination of Ineligibility for 
Temporary Protected Status.--Section 244(c)(2) of such Act (8 U.S.C. 
1254(c)(2)) is amended by adding at the end the following:
                    ``(C) Limitation on judicial review.--There shall 
                be no judicial review of any finding under subparagraph 
                (B) that an alien is described in section 
                208(b)(2)(A)(vi).''.

SEC. 510. PENALTIES FOR MISUSING SOCIAL SECURITY NUMBERS OR FILING 
              FALSE INFORMATION WITH SOCIAL SECURITY ADMINISTRATION.

    (a) Misuse of Social Security Numbers.--
            (1) In general.--Section 208(a) of the Social Security Act 
        (42 U.S.C. 408(a)) is amended--
                    (A) in paragraph (7), by adding after subparagraph 
                (C) the following:
                    ``(D) with intent to deceive, discloses, sells, or 
                transfers his own social security account number, 
                assigned to him by the Commissioner of Social Security 
                (in the exercise of the Commissioner's authority under 
                section 205(c)(2) to establish and maintain records), 
                to any person; or'';
                    (B) in paragraph (8), by adding ``or'' at the end; 
                and
                    (C) by inserting after paragraph (8) the following:
            ``(9) without lawful authority, offers, for a fee, to 
        acquire for any individual, or to assist in acquiring for any 
        individual, an additional social security account number or a 
        number that purports to be a social security account number;
            ``(10) willfully acts or fails to act so as to cause a 
        violation of section 205(c)(2)(C)(xii);
            ``(11) being an officer or employee of any executive, 
        legislative, or judicial agency or instrumentality of the 
        Federal Government or of a State or political subdivision 
        thereof (or a person acting as an agent of such an agency or 
        instrumentality) in possession of any individual's social 
        security account number (or an officer or employee thereof or a 
        person acting as an agent thereof), willfully acts or fails to 
        act so as to cause a violation of clause (vi)(II), (x), (xi), 
        (xii), (xiii), or (xiv) of section 205(c)(2)(C); or
            ``(12) being a trustee appointed in a case under title 11, 
        United States Code (or an officer or employee thereof or a 
        person acting as an agent thereof), willfully acts or fails to 
        act so as to cause a violation of clause (x) or (xi) of section 
        205(c)(2)(C).''.
            (2) Effective dates.--Paragraphs (7)(D) and (9) of section 
        208(a) of the Social Security Act, as added by paragraph (1), 
        shall apply with respect to each violation occurring after the 
        date of enactment of this Act. Paragraphs (10), (11), and (12) 
        of section 208(a) of such Act, as added by paragraph (1)(C), 
        shall apply with respect to each violation occurring on or 
        after the effective date of this Act.
    (b) Report on Enforcement Efforts Concerning Employers Filing False 
Information Returns.--The Commissioner of Internal Revenue and the 
Commissioner of Social Security shall submit an annual report to the 
appropriate congressional committees on efforts taken to identify and 
enforce penalties against employers that file incorrect information 
returns.

              Subtitle B--Detention, Removal and Departure

SEC. 511. VOLUNTARY DEPARTURE.

    (a) In General.--Section 240B of the Immigration and Nationality 
Act (8 U.S.C. 1229c) is amended to read as follows:

                         ``voluntary departure

    ``Sec. 240B. (a) In Lieu of Proceedings.--The Secretary of Homeland 
Security may permit an alien voluntarily to depart the United States at 
the alien's own expense under this subsection, in lieu of being subject 
to proceedings under section 240 and in lieu of applying for another 
form of relief from removal, if the alien is not deportable under 
paragraph (2)(A)(iii) or (4)(B) of section 237(a). Permission to depart 
voluntarily under this subsection shall not be valid for a period 
exceeding 90 days and cannot be extended. The Secretary of Homeland 
Security shall require an alien permitted to depart voluntarily under 
this subsection to post a voluntary departure bond, in an amount 
necessary to ensure that the alien will depart, to be surrendered upon 
proof that the alien has departed the United States within the time 
specified.
    ``(b) Prior to Scheduling Merits Hearing.--The Secretary of 
Homeland Security may permit an alien voluntarily to depart the United 
States at the alien's own expense under this subsection prior to the 
scheduling of the first merits hearing, in lieu of applying for another 
form of relief from removal, if the alien is not deportable under 
paragraph (2)(A)(iii) or (4)(B) of section 237(a). Permission to depart 
voluntarily under this subsection shall not be valid for a period 
exceeding 60 days and cannot be extended. The Secretary shall require 
an alien permitted to depart voluntarily under this subsection to post 
a voluntary departure bond, in an amount necessary to ensure that the 
alien will depart, to be surrendered upon proof that the alien has 
departed the United States within the time specified.
    ``(c) Once First Merits Hearing Scheduled.--
            ``(1) In general.--Once the first merits hearing has been 
        scheduled under section 240, the Secretary of Homeland Security 
        may permit an alien voluntarily to depart the United States at 
        the alien's own expense under this subsection, in lieu of 
        pursuing another form of relief from removal, if the 
        immigration judge enters an order granting voluntary departure 
        in lieu of removal and finds that--
                    ``(A) the alien has been physically present in the 
                United States for a period of at least one year 
                immediately preceding the date the notice to appear was 
                served under section 239(a);
                    ``(B) the alien is, and has been, a person of good 
                moral character for at least 5 years immediately 
                preceding the alien's application for voluntary 
                departure;
                    ``(C) the alien is not deportable under paragraph 
                (2)(A)(iii) or (4)(B) of section 237(a); and
                    ``(D) the alien has established by clear and 
                convincing evidence that the alien has the means to 
                depart the United States and intends to do so.
            ``(2) Period.--Permission to depart voluntarily under this 
        subsection shall not be valid for a period exceeding 45 days 
        and cannot be extended.
            ``(3) Bond.--The Secretary of Homeland Security shall 
        require an alien permitted to depart voluntarily under this 
        subsection to post a voluntary departure bond, in an amount 
        necessary to ensure that the alien will depart, to be 
        surrendered upon proof that the alien has departed the United 
        States within the time specified.
    ``(d) Aliens Not Eligible.--The Secretary of Homeland Security 
shall not permit an alien to depart voluntarily under this section if 
the alien was previously permitted to depart voluntarily under section 
244(e) or this section, or to voluntarily return, at any time.
    ``(e) Civil Penalty for Failure to Depart.--If an alien is 
permitted to depart voluntarily under this section and fails 
voluntarily to depart the United States within the time period 
specified, the alien shall be subject to a civil penalty of not less 
than $1,000 and not more than $5,000, and be ineligible for a period of 
10 years for any further relief under this section and sections 240A, 
245, 248, and 249. The order permitting the alien to depart voluntarily 
shall inform the alien of the penalties under this subsection.
    ``(f) Additional Conditions.--The Secretary of Homeland Security 
may by regulation limit eligibility for voluntary departure under this 
section for any class or classes of aliens. No court may review any 
regulation issued under this subsection.
    ``(g) Treatment of Aliens Arriving in the United States.--In the 
case of an alien who is arriving in the United States and with respect 
to whom proceedings under section 240 are (or would otherwise be) 
initiated at the time of such alien's arrival, subsections (a) through 
(c) shall not apply. Nothing in this paragraph shall be construed as 
preventing such an alien from withdrawing the application for admission 
in accordance with section 235(a)(4).
    ``(h) Review.--There shall be no administrative or judicial review 
of a denial of a request for an order of voluntary departure. No court 
or agency shall order a stay of an alien's removal pending 
consideration of any claim with respect to voluntary departure. The 
order permitting the alien to depart voluntarily shall inform the alien 
that the alien has no right to appeal any issue relating to the removal 
proceeding.''.
    (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 
aliens who are in proceedings under the Immigration and Nationality Act 
on or after such date if those proceedings have not resulted in a final 
administrative order before such date.
    (c) Voluntary Departure Agreements Negotiated by State or Local 
Courts.--
            (1) The Secretary of Homeland Security may permit an alien 
        voluntarily to depart the United States at the alien's own 
        expense under this subsection at any time prior to the 
        scheduling of the first merits hearing, in lieu of applying for 
        another form of relief from removal, if the alien--
                    (A) is deportable under section 237(a)(1),
                    (B) is charged in a criminal proceeding in a state 
                or local court for which conviction would subject the 
                alien to deportation under subsections 237(a)(2) 
                through (a)(6), and
                    (C) has accepted a plea bargain in such proceeding 
                which stipulates that the alien, after consultation 
                with counsel in such proceeding, (i) voluntarily waives 
                application for another form of relief from removal, 
                (ii) consents to transportation, under custody of a law 
                enforcement officer of the state or local court, to an 
                appropriate international port of entry where departure 
                from the United States will occur, (iii) possesses or 
                will promptly obtain travel documents issued by the 
                foreign state of which the alien is a national or legal 
                resident, and (iv) possesses the means to purchase 
                transportation from the port of entry to the foreign 
                state to which the alien will depart from the United 
                States.
            (2) The Secretary shall promptly review an application for 
        voluntary departure for compliance with the requirements of 
        paragraph (1). The Secretary shall permit voluntary departure 
        under this subsection unless the state or local jurisdiction is 
        informed in writing no later that 30 days after such 
        application is filed, that the Secretary intends to seek 
        removal under section 240.

SEC. 512. EXPEDITED EXCLUSION.

    Section 235(b)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through (iii) 
and inserting the following:
                            ``(i) In general.--If an immigration 
                        officer determines that an alien (other than an 
                        alien described in subparagraph (F)) who is 
                        arriving in the United States, or who has not 
                        been admitted or paroled into the United States 
                        and has not been physically present in the 
                        United States continuously for the 5- year 
                        period immediately prior to the date of the 
                        determination of inadmissibility under this 
                        paragraph, is inadmissible under section 
                        212(a)(6)(c) or 212(a)(7), the officer shall 
                        order the alien removed from the United States 
                        without further hearing or review, unless--
                                    ``(I) the alien has been charged 
                                with a crime; or
                                    ``(II) the alien indicates an 
                                intention to apply for asylum under 
                                section 208 or a fear of persecution 
                                and the officer determines that the 
                                alien has been physically present in 
                                the United States for less than 1 year.
                            ``(ii) Claims for asylum.--If an 
                        immigration officer determines that an alien 
                        (other than an alien described in subparagraph 
                        (F)) who is arriving in the United States, or 
                        who has not been admitted or paroled into the 
                        United States and has not been physically 
                        present in the United States continuously for 
                        the 5-year period immediately prior to the date 
                        of the determination of inadmissibility under 
                        this paragraph, is inadmissible under section 
                        212(a)(6)(C) or 212(a)(7), and the alien 
                        indicates either an intention to apply for 
                        asylum under section 208 or a fear of 
                        persecution, the officer shall refer the alien 
                        for an interview by an asylum officer under 
                        subparagraph (B) if the officer determines that 
                        the alien has been physically present in the 
                        United States for less than 1 year.''.

SEC. 513. EXPEDITED REMOVAL OF CRIMINAL ALIENS.

    (a) In General.--Section 238 of the Immigration and Nationality Act 
(8 U.S.C. 1228) is amended--
            (1) by amending the section heading to read as follows: 
        ``expedited removal of criminal aliens'';
            (2) in subsection (a), by amending the subsection heading 
        to read as follows: ``Expedited Removal From Correctional 
        Facilities'';
            (3) in subsection (b), by amending the subsection heading 
        to read as follows: ``Removal of Criminal Aliens'';
            (4) in subsection (b), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) In general.--The Secretary may, in the case of an 
        alien described in paragraph (2), determine the deportability 
        of such alien and issue an order of removal pursuant to the 
        procedures set forth in this subsection or section 240.
            ``(2) Aliens described.--An alien is described in this 
        paragraph if the alien, whether or not admitted into the United 
        States, was convicted of any criminal offense described in 
        subparagraph (A)(iii), (C), or (D) of section 237(a)(2).'';
            (5) in the first subsection (c) (relating to presumption of 
        deportability), by striking ``convicted of an aggravated 
        felony'' and inserting ``described in paragraph (b)(2)'';
            (6) by redesignating the second subsection (c) (relating to 
        judicial removal) as subsection (d); and
            (7) in subsection (d)(5) (as so redesignated), by striking 
        ``, who is deportable under this Act,''.
    (b) Limit on Injunctive Relief.--Section 242(f)(2) of such Act (8 
U.S.C. 1252(f)(2)) is amended by inserting ``or stay, whether 
temporarily or otherwise,'' after ``enjoin''.

SEC. 514. REINSTATEMENT OF PREVIOUS REMOVAL ORDERS.

    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.''.

SEC. 515. CANCELLATION OF REMOVAL.

    Section 240A(c) of the Immigration and Nationality Act (8 U.S.C. 
1229b(c)) is amended by adding at the end the following:
            ``(7) An alien who is inadmissible under section 
        212(a)(9)(B)(i).''.

SEC. 516. 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) (8 U.S.C. 
                1158(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) (8 U.S.C. 1229b(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) (8 U.S.C. 
                1229c(b)(1)(C)), by striking ``deportable under'' and 
                inserting ``described in'';
                    (D) in section 241(b)(3)(B) (8 U.S.C. 
                1251(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 (8 U.S.C. 1259)--
                            (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'' and inserting 
                ``Secretary of Homeland Security'' each place it 
                appears;
                    (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. 517. ALTERNATIVES TO DETENTION.

    The Secretary of Homeland Security shall implement pilot programs 
in six States with the largest estimated populations of deportable 
aliens 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. 518. RELEASE OF ALIENS FROM NONCONTIGUOUS COUNTRIES.

    (a) Minimum Bond.--Section 236(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1226(a)(2)) is amended--
            (1) by striking ``on'';
            (2) in subparagraph (a)--
                    (A) by inserting ``except as provided under 
                subparagraph (B), upon the giving of a'' before 
                ``bond''; and
                    (B) by striking ``or'' at the end;
            (3) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (4) by inserting after subparagraph (A) the following:
                    ``(B) if the alien is a national of a noncontiguous 
                country, has not been admitted or paroled into the 
                United States, and was apprehended within 100 miles of 
                the international border of the United States or 
                presents a flight risk, as determined by the Secretary 
                of Homeland Security, upon the giving of a bond of at 
                least $5,000 with security approved by, and containing 
                conditions prescribed by, the Secretary of Homeland 
                Security or the Attorney General; or''.
    (b) Report.--Two years after the effective date of this Act, the 
Secretary of Homeland Security shall submit a report to Congress on the 
number of aliens from noncontiguous countries who are apprehended 
between land border ports of entry.

SEC. 519. CONTINUANCES; CHANGES OF VENUE.

    (a) In General.--Section 240(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1229a(b)(1)) is amended by adding at the end 
the following:
``The immigration judge may not grant a continuance to permit an alien 
to become eligible for relief under any provision of law. In 
proceedings under this section or under section 236, the immigration 
judge may not grant a change of venue for an alien who has not been 
inspected and admitted or paroled into the United States. For all other 
aliens, the immigration judge may grant a change of venue only if the 
alien demonstrates that the alien cannot obtain a fair proceeding in 
the current venue.''.
    (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 
continuances and changes of venue sought after such date.

SEC. 520. AUTHORIZATION OF APPROPRIATIONS.

    In addition to amounts otherwise authorized to be appropriated, 
there are authorized to be appropriated such sums as may be necessary 
for each of fiscal years 2007 through 2011 to carry out this title.
                                 <all>