[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1438 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1438

                   To provide for immigration reform.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2005

  Mr. Cornyn (for himself and Mr. Kyl) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                   To provide for immigration reform.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Comprehensive 
Enforcement and Immigration Reform Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
             TITLE I--BORDER ENFORCEMENT AND VISA SECURITY

Sec. 101. Necessary assets for controlling United States borders.
Sec. 102. Expedited removal between ports of entry.
Sec. 103. Document fraud detection.
Sec. 104. Improved document integrity.
Sec. 105. Cancellation of visas.
Sec. 106. Biometric entry-exit system.
Sec. 107. Release of aliens from noncontiguous countries.
Sec. 108. Reducing illegal immigration and alien smuggling on tribal 
                            lands.
                     TITLE II--INTERIOR ENFORCEMENT

                    Subtitle A--General Enforcement

Sec. 201. Detention space and removal capacity.
Sec. 202. Detention of dangerous aliens.
Sec. 203. Increased criminal penalties for alien smuggling, document 
                            fraud, gang violence, and drug trafficking.
Sec. 204. Penalty for countries that do not accept return of nationals.
Sec. 205. No judicial review of visa revocation.
Sec. 206. Alternatives to detention.
Sec. 207. Removal of aliens.
Sec. 208. Additional immigration personnel.
Sec. 209. Completion of background and security checks.
Sec. 210. Denial of benefits to terrorists and criminals.
Sec. 211. Reinstatement of previous removal orders.
Sec. 212. Automated alien records.
              Subtitle B--State and Local Law Enforcement

Sec. 221. Immigration law enforcement by States and political 
                            subdivisions of States.
Sec. 222. State and local law enforcement provision of information 
                            regarding aliens
Sec. 223. Listing of immigration violators in the National Crime 
                            Information Center database.
Sec. 224. 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.
Sec. 225. Federal custody of illegal aliens apprehended by State or 
                            local law enforcement.
Sec. 226. Immunity.
Sec. 227. State criminal alien assistance program.
Sec. 228. Construction.
Sec. 229. State Defined.
   TITLE III--WORKSITE ENFORCEMENT AND EMPLOYMENT VERIFICATION SYSTEM

       Subtitle A--Increased Enforcement Resources and Penalties

Sec. 301. Additional worksite enforcement and fraud detection agents.
Sec. 302. Penalties for unauthorized employment and false claims of 
                            citizenship.
Sec. 303. Penalties for misusing social security numbers or filing 
                            false information with Social Security 
                            Administration.
                Subtitle B--Increased Document Integrity

Sec. 311. Social Security cards.
Sec. 312. Birth certificates.
Subtitle C--Mandatory Electronic Employment Verification of All Workers 
                          in the United States

Sec. 321. Employment eligibility verification program.
               Subtitle D--Reduction in Employer Burdens

Sec. 331. Reduction in documents that establish identity and employment 
                            authorization.
Sec. 332. Good faith compliance.
           TITLE IV--REQUIREMENTS FOR PARTICIPATING COUNTRIES

Sec. 401. Requirements for participating countries.
             TITLE V--NONIMMIGRANT TEMPORARY WORKER PROGRAM

Sec. 501. Nonimmigrant temporary worker category.
Sec. 502. Temporary worker program.
Sec. 503. Statutory construction.
Sec. 504. Authorization of appropriations.
       TITLE VI--MANDATORY DEPARTURE AND REENTRY IN LEGAL STATUS

Sec. 601. Mandatory departure and reentry in legal status.
Sec. 602. Statutory construction.
Sec. 603. Authorization of appropriations.
             TITLE VII--ALIEN EMPLOYMENT MANAGEMENT SYSTEM

Sec. 701. Alien employment management system.
Sec. 702. Labor investigations.
            TITLE VIII--PROTECTION AGAINST IMMIGRATION FRAUD

Sec. 801. Grants to support public education and training.
                      TITLE IX--CIRCULAR MIGRATION

Sec. 901. Investment accounts.
                       TITLE X--BACKLOG REDUCTION

Sec. 1001. Employment based immigrants.
Sec. 1002. Country limits.
Sec. 1003. Allocation of immigrant visas.
                TITLE XI--TEMPORARY AGRICULTURAL WORKERS

Sec. 1101. Sense of the Senate on temporary agricultural workers.

             TITLE I--BORDER ENFORCEMENT AND VISA SECURITY

SEC. 101. NECESSARY ASSETS FOR CONTROLLING UNITED STATES BORDERS.

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

SEC. 102. EXPEDITED REMOVAL BETWEEN PORTS OF ENTRY.

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

SEC. 103. DOCUMENT FRAUD DETECTION.

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

SEC. 104. IMPROVED DOCUMENT INTEGRITY.

    Section 303 of 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'';
            (3) by redesignating subsection (d) as subsection (e); and
            (4) by inserting after subsection (c) the following:
    ``(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.''.

SEC. 105. 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 striking ``(other than the visa 
        described in paragraph (1)) issued in a consular office located 
        in the country of the alien's nationality'' and inserting 
        ``(other than a visa described in paragraph (1)) issued in a 
        consular office located in the country of the alien's 
        nationality or foreign residence''.

SEC. 106. BIOMETRIC ENTRY-EXIT SYSTEM.

    (a) Grounds of Inadmissibility.--Section 212 of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended--
            (1) in subsection (a)(7), by adding at the end the 
        following:
                    ``(C) Withholders of biometric data.--Any alien who 
                fails to comply with a lawful request for biometric 
                data under section 215(c) or 235(d) is inadmissible.''; 
                and
            (2) in subsection (d), by inserting after paragraph (1) the 
        following:
    ``(2) The Secretary of Homeland Security shall determine whether a 
ground for inadmissibility exists with respect to an alien described in 
subparagraph (C) subsection (a)(7) and may waive the application of 
such subparagraph, for an individual alien or a class of aliens, at the 
discretion of the Secretary.''.
    (b) Collection of Biometric Data From Aliens Departing the United 
States.--Section 215 of the Immigration and Nationality Act (8 U.S.C. 
1185) is amended--
            (1) by redesignating subsection (c) as subsection (g); and
            (2) by inserting after subsection (b) the following:
    ``(c) The Secretary of Homeland Security is authorized to require 
aliens departing the United States to provide biometric data and other 
information relating to their immigration status.''.
    (c) Inspection of Applicants for Admission.--Section 235(d) of the 
Immigration and Nationality Act (8 U.S.C. 1185(d)) is amended by adding 
at the end the following:
            ``(5) Authority to collect biometric data.--In conducting 
        inspections under subsection (b), immigration officers are 
        authorized to collect biometric data from--
                    ``(A) any applicant for admission or alien seeking 
                to transit through the United States; or
                    ``(B) any lawful permanent resident who is entering 
                the United States, but is not regarded as seeking 
                admission under section 101(a)(13)(C).''.
    (d) Collection of Biometric Data From Alien Crewman.--Section 252 
of the Immigration and Nationality Act (8 U.S.C. 1282) is amended by 
inserting ``Immigration officers are authorized to collect biometric 
data from any alien crewman seeking permission to land temporarily in 
the United States.'' after ``this title.''.
    (e) Implementation.--Section 7208 of the 9/11 Commission 
Implementation Act of 2004 (8 U.S.C. 1365b) is amended--
            (1) in subsection (c), by adding at the end the following:
            ``(3) Implementation.--In fully implementing the automated 
        biometric entry and exit data system under this section, the 
        Secretary is not required to comply with the requirements of 
        chapter 5 of title 5, United States Code (commonly referred to 
        as the `Administrative Procedures Act') or any other law 
        relating to rulemaking, information collection, or publication 
        in the Federal Register.''; and
            (2) in subsection (l)--
                    (A) by striking ``There are authorized'' and 
                inserting the following:
            ``(1) In general.--There are authorized''; and
                    (B) by adding at the end the following:
            ``(2) Implementation at all land border ports of entry.--
        There are authorized to be appropriated such sums as may be 
        necessary for each of fiscal years 2006 and 2007 to implement 
        the automated biometric entry and exit data system at all land 
        border ports of entry.''.

SEC. 107. 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''; 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.--Not later than 2 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. 108. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL 
              LANDS.

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

                     TITLE II--INTERIOR ENFORCEMENT

                    Subtitle A--General Enforcement

SEC. 201. DETENTION SPACE AND REMOVAL CAPACITY.

    Section 5204 of the Intelligence Reform and Terrorism Protection 
Act of 2004 (118 Stat. 3734) is amended--
            (1) in subsection (a), by striking ``8,000'' and inserting 
        ``10,000''; and
            (2) by adding at the end the following:
    ``(c) 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 
2006 through 2010 to carry out subsection (a).''.

SEC. 202. DETENTION OF DANGEROUS ALIENS.

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

SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING, DOCUMENT 
              FRAUD, GANG VIOLENCE, AND DRUG TRAFFICKING.

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

                      ``CHAPTER 52--ILLEGAL ALIENS

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

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

SEC. 204. PENALTY FOR COUNTRIES THAT DO NOT ACCEPT RETURN OF NATIONALS.

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

SEC. 205. NO JUDICIAL REVIEW OF VISA REVOCATION.

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

SEC. 206. ALTERNATIVES TO DETENTION.

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

SEC. 207. REMOVAL OF ALIENS.

    (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) 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.
    (c) Technology Usage.--Technology such as videoconferencing shall 
be used to the maximum extent possible in order to make the 
Institutional Removal Program (IRP) available in remote locations. 
Mobile access to Federal databases of aliens, such as IDENT, and live 
scan technology shall be used to the maximum extent practicable in 
order to make these resources available to State and local law 
enforcement agencies in remote locations.
    (d) Report to Congress.--The Secretary of Homeland Security shall 
submit a report to Congress on the participation of States in the 
Institutional Removal Program and in any other program under subsection 
(a).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the Institutional Removal Program--
            (1) $30,000,000 for fiscal year 2006;
            (2) $40,000,000 for fiscal year 2007;
            (3) $50,000,000 for fiscal year 2008;
            (4) $60,000,000 for fiscal year 2009; and
            (5) $70,000,000 for fiscal year 2010.

SEC. 208. ADDITIONAL IMMIGRATION PERSONNEL.

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

SEC. 209. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

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

SEC. 210. DENIAL OF BENEFITS TO TERRORISTS AND CRIMINALS.

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

                             ``construction

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

SEC. 211. REINSTATEMENT OF PREVIOUS REMOVAL ORDERS.

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

SEC. 212. AUTOMATED ALIEN RECORDS.

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

              Subtitle B--State and Local Law Enforcement

SEC. 221. IMMIGRATION LAW ENFORCEMENT BY STATES AND POLITICAL 
              SUBDIVISIONS OF STATES.

    Notwithstanding any other provision of law and reaffirming the 
existing inherent authority of States, law enforcement personnel of a 
State or a political subdivision of a State have the inherent authority 
of a sovereign entity to investigate, identify, apprehend, arrest, 
detain, or transfer to Federal custody aliens in the United States 
(including the transportation of such aliens across State lines to 
detention centers), for the 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. 222. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION 
              REGARDING ALIENS.

    (a) Violations of Federal Law.--A statute, policy, or practice that 
prohibits a law enforcement officer of a State, or of a political 
subdivision of a State, from enforcing Federal immigration laws or from 
assisting or cooperating with Federal immigration law enforcement in 
the course of carrying out the law 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) Provision of Information Regarding Apprehended Illegal 
Aliens.--
            (1) In general.--In compliance with 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), States and localities should provide to the 
        Secretary of Homeland Security the information listed in 
        subsection (c) on each alien apprehended or arrested in the 
        jurisdiction of the State or locality who is believed to be in 
        violation of an immigration law of the United States. Such 
        information should be provided regardless of the reason for the 
        apprehension or arrest of the alien.
            (2) Time limitation.--Not later than 10 days after an alien 
        described in paragraph (1) is apprehended, information 
        requested to be provided under paragraph (1) should be provided 
        in such form and in such manner as the Secretary of Homeland 
        Security may, by regulation or guideline, require.
    (c) Information Required.--The information listed in this 
subsection is as follows:
            (1) The name of the alien.
            (2) The address or place of residence of the alien.
            (3) A physical description of the alien.
            (4) The date, time, and location of the encounter with the 
        alien and reason for stopping, detaining, apprehending, or 
        arresting the alien.
            (5) If applicable, the driver's license number issued to 
        the alien and the State of issuance of such license.
            (6) If applicable, the type of any other identification 
        document issued to the alien, any designation number contained 
        on the identification document, and the issuing entity for the 
        identification document.
            (7) If applicable, the license plate number, make, and 
        model of any automobile registered to, or driven by, the alien.
            (8) A photo of the alien, if available or readily 
        obtainable.
            (9) The fingerprints of the alien, if available or readily 
        obtainable, including a full set of 10 rolled fingerprints if 
        available or readily obtainable.
    (d) Reimbursement.--The Secretary of Homeland Security shall 
reimburse States and localities for all reasonable costs, as determined 
by the Secretary of Homeland Security, incurred by that State or 
locality as a result of providing information required by this section.
    (e) 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'' 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 (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.''.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as are necessary to provide the reimbursements 
required by subsection (d).

SEC. 223. 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 Under Secretary for Border and 
        Transportation Security of the Department of Homeland Security 
        shall provide the National Crime Information Center of the 
        Department of Justice with such information as the Director may 
        have 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 whose visa has been revoked.
            (2) Requirement to provide and use information.--The 
        information described in paragraph (1) shall be provided to the 
        National Crime Information Center, and the Center shall enter 
        the information into the Immigration Violators File of the 
        National Crime Information Center database as long as a name 
        and date of birth are available for the individual, regardless 
        of whether the alien received notice of a final order of 
        removal or the alien has already been removed.
            (3) Removal of information.--Should an individual be 
        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:
            ``(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 that term 
        appears and inserting ``Secretary of Homeland Security''; and
            (2) in subsection (a)(2)(A), by striking ``120'' and 
        inserting ``30''.

SEC. 224. 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 additional detention facilities in the 
        United States.
            (2) Determination of location.--The location of any 
        detention facility built or acquired in accordance with this 
        subsection shall be determined by the Deputy Assistant Director 
        of the Office of Detention and Removal Operations within the 
        Bureau of Immigration and Customs Enforcement.
            (3) Use of installations under base closure laws.--In 
        acquiring detention facilities under this subsection, the 
        Secretary of Homeland Security shall, to the maximum extent 
        practical, request the transfer of appropriate portions of 
        military installations approved for closure or realignment 
        under the Defense Base Closure and Realignment Act of 1990 
        (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
        note) for use in accordance with paragraph (1).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as necessary to carry out this section.

SEC. 225. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR 
              LOCAL LAW ENFORCEMENT.

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

       ``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) 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
                    ``(B) 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 all reasonable expenses, as determined 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 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; added to
                    ``(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.
    ``(c) Requirement for Appropriate Security.--The Secretary of 
Homeland Security shall ensure that illegal aliens incarcerated in 
Federal facilities pursuant to this subsection are held in facilities 
which provide an appropriate level of security.
    ``(d) Requirement for Schedule.--
            ``(1) In general.--In carrying out this section, the 
        Secretary of Homeland Security shall establish a regular 
        circuit and schedule for the prompt transfer of apprehended 
        illegal aliens from the custody of States and political 
        subdivisions of States to Federal custody.
            ``(2) Authority for contracts.--The Secretary of Homeland 
        Security may enter into contracts with appropriate State and 
        local law enforcement and detention officials to implement this 
        subsection.
    ``(e) 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.''.

SEC. 226. 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 in 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 that agency, whose action the claim 
involves, committed a violation of Federal, State, or local criminal 
law in the course of enforcing such immigration law

SEC. 227. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

    (a) Transfer of Program.--
            (1) In general.--Section 501 of the Immigration Reform and 
        Control Act of 1986 (8 U.S.C. 1365) is amended by striking 
        ``Attorney General'' each place it appears and inserting 
        ``Secretary of Homeland Security''.
            (2) Contracts.--Section 241(i) of the Immigration and 
        Nationality Act (8 U.S.C. 1231(i)) is amended by striking 
        ``Attorney General'' each place it appears and inserting 
        ``Secretary of Homeland Security''.
    (b) Reimbursement for Costs Associated With Processing Criminal 
Illegal Aliens.--The Secretary of Homeland Security shall reimburse 
States and units of local government for costs associated with 
processing illegal aliens through the criminal justice system, 
including--
            (1) indigent defense;
            (2) criminal prosecution;
            (3) autopsies;
            (4) translators and interpreters; and
            (5) courts costs.
    (c) Authorization of Appropriations.--
            (1) Reimbursement for incarceration costs.--Section 
        241(i)(5) of the Immigration and Nationality Act (8 U.S.C. 
        1231(i)(5)) is amended to read as follows:
            ``(5) There are authorized to be appropriated to carry out 
        this subsection--
                    ``(A) $750,000,000 for fiscal year 2006;
                    ``(B) $850,000,000 for fiscal year 2007; and
                    ``(C) $950,000,000 for each of the fiscal years 
                2008 through 2010.''.
            (2) Reimbursement for other costs.--There are authorized to 
        be appropriated $400,000,000 for each of fiscal years 2006 
        through 2010 to carry out subsection (b).

SEC. 228. CONSTRUCTION.

    Nothing in this subtitle may be construed to require law 
enforcement personnel of a State or political subdivision of a State 
to--
            (1) report the identity of a victim of, or a witness to, a 
        criminal offense to the Secretary of Homeland Security for 
        immigration enforcement purposes;
            (2) arrest such victim or witness for a violation of the 
        immigration laws of the United States; or
            (3) enforce the immigration laws of the United States.

SEC. 229. STATE DEFINED.

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

   TITLE III--WORKSITE ENFORCEMENT AND EMPLOYMENT VERIFICATION SYSTEM

       Subtitle A--Increased Enforcement Resources and Penalties

SEC. 301. 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, 2005.
    (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, 2005.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated during each of fiscal years 2006 through 2010 such sums as 
may be necessary to carry out this section.

SEC. 302. PENALTIES FOR UNAUTHORIZED EMPLOYMENT AND FALSE CLAIMS OF 
              CITIZENSHIP.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended--
            (1) in subsection (b)(2)--
                    (A) by striking ``The individual'' and inserting 
                the following:
                    ``(A) In general.--The individual''; and
                    (B) by adding at the end the following:
                    ``(B) Penalties.--Any individual who falsely 
                represents that the individual is a citizen for 
                purposes of obtaining employment shall, for each such 
                violation, be subject to a fine of not more than $5,000 
                and a term of imprisonment not to exceed 3 years.'';
            (2) in subsection (e)--
                    (A) in paragraph (4)(A)--
                            (i) in clause (i), by striking ``$250 and 
                        not more than $2,000'' and inserting ``$500 and 
                        not more than $4,000'';
                            (ii) in clause (ii), by striking ``$2,000 
                        and not more than $5,000'' and inserting 
                        ``$4,000 and not more than $10,000''; and
                            (iii) in clause (iii), by striking ``$3,000 
                        and not more than $10,000'' and inserting 
                        ``$6,000 and not more than $20,000''; and
                    (B) in paragraph (5), by striking ``$100 and not 
                more than $1,000'' and inserting ``$200 and not more 
                than $2,000''; and
            (3) in subsection (f), by striking ``$3,000'' and inserting 
        ``$6,000''.

SEC. 303. 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; or
            ``(10) willfully acts or fails to act so as to cause a 
        violation of section 205(c)(2)(C)(xii); or
            ``(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--Increased Document Integrity

SEC. 311. SOCIAL SECURITY CARDS.

    (a) Machine-Readable, Tamper-Resistant Cards.--
            (1) Issuance.--
                    (A) Preliminary work.--Not later than 3 months 
                after the date of enactment of this Act, the 
                Commissioner of Social Security shall begin work to 
                administer and issue machine-readable, tamper-resistant 
                Social Security cards.
                    (B) Completion.--Not later than 1 year after the 
                date of enactment of this Act, the Social Security 
                Administration shall only issue machine-readable, 
                tamper-resistant Social Security cards.
            (2) Amendment.--Section 205(c)(2)(G) of the Social Security 
        Act (42 U.S.C. 405(c)(2)(G)) is amended--
                    (A) by inserting ``(i)'' after ``(G)''; and
                    (B) by striking ``The social security card shall 
                be'' and inserting the following:
    ``(ii) The social security card shall be machine-readable, tamper-
resistant,''.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this subsection and the amendments made by this subsection.
    (b) Multiple Cards.--
            (1) In general.--Section 205(c)(2)(G) of such Act is 
        further amended by adding at the end the following:
                            ``(iii) The Commissioner of Social Security 
                        shall not issue a replacement Social Security 
                        card to any individual unless the Social 
                        Security Administration determines that the 
                        purpose for requiring the issuance of the 
                        replacement document is legitimate.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect 1 year after the date of enactment of this 
        Act.
    (c) Report on Incorporation of Biometric Identifiers.--Not later 
than 6 months after the date of enactment of this Act, the Commissioner 
of Social Security, in cooperation with the Secretary of Homeland 
Security, shall submit a report to Congress on the viability of 
biometric authentication through employment authorization documents.
    (d) Effective Date.--The amendments made by this subsections (a) 
and (b) shall take effect 1 year after the date of enactment of this 
Act.

SEC. 312. 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 is meeting 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 may 
                determine 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 those 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:
            ``(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 apply with respect to applications filed more than 180 
        days after the date of 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 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 6 months after the date of enactment of 
        this Act, submit a report to Congress on whether there is a 
        need for Federal laws to address penalties for fraud and misuse 
        of vital records and whether violations are sufficiently 
        enforced;
            (7) not later than 1 year after the date of enactment of 
        this Act--
                    (A) establish a process with the Department of 
                Defense that will result in the sharing of data, with 
                the States and the Social Security Administration, 
                regarding deaths of United States military personnel 
                and the birth and death of their dependents; and
                    (B) establish a process with the Department of 
                State to improve registration, notification, and the 
                sharing of data with the States and the Social Security 
                Administration, regarding births and deaths of United 
                States citizens abroad; and
            (8) not later than 3 years after the date of establishment 
        of databases provided for under this section, require States to 
        record and retain electronic records of pertinent 
        identification information collected from requesters who are 
        not the registrants.
    (f) Electronic Verification of Vital Events.--
            (1) Lead agency.--The Secretary shall lead the 
        implementation of electronic verification of a person's birth 
        and death.
            (2) Regulations.--In carrying out subsection (a), the 
        Secretary shall issue regulations to establish a means by which 
        authorized Federal and State agency users with a single 
        interface will be able to generate an electronic query to any 
        participating vital records jurisdiction throughout the Nation 
        to verify the contents of a paper birth certificate. Pursuant 
        to the regulations, an electronic response from the 
        participating vital records jurisdiction as to whether there is 
        a birth record in their database that matches the paper birth 
        certificate will be returned to the user, along with an 
        indication if the matching birth record has been flagged 
        ``deceased''. The regulations shall take effect not later than 
        5 years after the date of enactment of this Act.
    (g) Grants to States and Local Governments.--
            (1) In general.--The Secretary may make grants to a State 
        or a local government to assist the State in conforming to the 
        minimum standards set forth in this chapter.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary for each of the fiscal 
        years 2006 through 2010 such sums as may be necessary to carry 
        out this chapter.
    (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 
        subparagraph (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 (5 U.S.C. 301 note) is repealed.

Subtitle C--Mandatory Electronic Employment Verification of All Workers 
                          in the United States

SEC. 321. EMPLOYMENT ELIGIBILITY VERIFICATION PROGRAM.

    (a) Renaming of Basic Pilot Program.--Subtitle A of title IV of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note) is amended--
            (1) in section 401(c)(1), ``basic pilot program'' and 
        inserting ``Employment Eligibility Verification System''; and
            (2) in section 403(a), by striking ``(a)'' and all that 
        follows through ``agrees to conform'' and insert the following:
    ``(a) Employment Eligibility Verification System.--A person or 
other entity that elects to participate in the Employment Eligibility 
Verification System shall agree to conform''.
    (b) Confidentiality.--
            (1) Access to database.--No officer or employee of any 
        agency or department of the United States, other than 
        individuals responsible for the enforcement of immigration laws 
        or for the evaluation of the employment verification program at 
        the Social Security Administration, the Department of Homeland 
        Security, and the Department of Labor, may have access to any 
        information contained in the Database.
            (2) Protection from unauthorized disclosure.--Information 
        in the Database shall be adequately protected against 
        unauthorized disclosure for other purposes, as provided in 
        regulations established by the Commissioner of Social Security, 
        in consultation with the Secretary of Homeland Security and the 
        Secretary of Labor.
    (c) Improvements to Database Integrity.--
            (1) In general.--The Commissioner of Social Security shall 
        identify the sources of false, incorrect, or expired Social 
        Security numbers and take steps to eliminate such numbers from 
        the Social Security system
            (2) Report.--Not later than 6 months after the date of 
        enactment of this Act, the Commissioner of Social Security 
        shall submit a report to Congress that identifies--
                    (A) the sources of false, incorrect, or expired 
                Social Security numbers;
                    (B) the steps taken by the Social Security 
                Administration to identify and eliminate the numbers 
                described in paragraph (1); and
                    (C) how the Social Security Administration plans to 
                complete the removal the numbers described in paragraph 
                (1) from the Social Security system within 1 year after 
                the date on which the report is submitted.
    (d) Mandatory Participation.--
            (1) In general.--Beginning not later than 12 months after 
        the date of the enactment of this Act, any person or other 
        entity that hires any individual for employment in the United 
        States shall participate in the Employment Eligibility 
        Verification System.
            (2) Sanctions for noncompliance; continuation of current 
        compliance authority.--The provisions of paragraph (2) of 
        section 402(e) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1324a note) shall apply 
        with respect to a person or entity required to participate in 
        the Employment Eligibility Verification System in the same 
        manner as such paragraph applies to a person or entity 
        otherwise required to participate under such subsection.
            (3) Voluntary participation of employers not subject to 
        requirement.--Nothing in this subsection shall be construed as 
        preventing a person or other entity that is not subject to the 
        requirement of paragraph (1) from voluntarily participating in 
        the Employment Eligibility Verification System.
    (e) Electronic Filing.--Any employer participating in the 
Employment Eligibility Verification System may complete and allow for 
new hires to complete employment verification documents electronically.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be required to carry out the Employment 
Eligibility Verification System throughout the United States and for 
every employer.

               Subtitle D--Reduction in Employer Burdens

SEC. 331. REDUCTION IN DOCUMENTS THAT ESTABLISH IDENTITY AND EMPLOYMENT 
              AUTHORIZATION.

    (a) In General.--Section 274A(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(b)(1)) is amended--
            (1) by amending subparagraph (C) to read as follows:
                    ``(C) Documents evidencing employment 
                authorization.--The only document that may be presented 
                to establish employment authorization under this 
                section is a Social Security card that complies with 
                section 311(a).''.
            (2) by amending subparagraph (D) to read as follows:
                    ``(D) Documents establishing identity of an 
                individual.--A document described in this subparagraph 
                is--
                            ``(i) an identification document issued by 
                        the United States Government that contains a 
                        biometric identifier; or
                            ``(ii) a driver's license or identification 
                        document issued by a State that complies with 
                        section 202 of the REAL ID Act of 2005 
                        (Division B of Public Law 109-13).''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on May 11, 2008.

SEC. 332. GOOD FAITH COMPLIANCE.

    An employer that complies with the requirements under subtitle C 
has established an affirmative defense that the employer has not 
violated the employment verification requirements under section 274A of 
the Immigration and Nationality Act (8 U.S.C. 1324a).

           TITLE IV--REQUIREMENTS FOR PARTICIPATING COUNTRIES

SEC. 401. REQUIREMENTS FOR PARTICIPATING COUNTRIES.

    (a) In General.--An alien is not eligible for status as a 
nonimmigrant under section 101(a)(15)(W) of the Immigration and 
Nationality Act, as added by section 501 of this Act, or deferred 
mandatory departure status under section 218B of the Immigration and 
Nationality Act, as added by section 601 of this Act, unless the home 
country of the alien has entered into a bilateral agreement with the 
United States that conforms to the requirements under subsection (b).
    (b) Requirements of Bilateral Agreements.--Each agreement under 
subsection (a) shall require the home country to--
            (1) accept, within 3 days, the return of nationals who are 
        ordered removed from the United States;
            (2) cooperate with the United States Government in--
                    (A) identifying, tracking, and reducing gang 
                membership, violence, and human trafficking and 
                smuggling; and
                    (B) controlling illegal immigration;
            (3) provide the United States Government with--
                    (A) passport information and criminal records of 
                aliens who are seeking admission to or are present in 
                the United States; and
                    (B) admission and entry data to facilitate United 
                States entry-exit data systems;
            (4) take steps to educate nationals of the home country 
        regarding the program under title V or VI to ensure that such 
        nationals are not exploited; and
            (5) provide a minimum level of health coverage to its 
        participants.
    (c) Rulemaking.--
            (1) In general.--Not later than 3 months after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services shall, by regulation, define the minimum level of 
        health coverage to be provided by participating countries.
            (2) Responsibility to obtain coverage.--If the health 
        coverage provided by the home country falls below the minimum 
        level defined pursuant to paragraph (1), the employer of the 
        alien shall provide or the alien shall obtain coverage that 
        meets such minimum level.
    (d) Housing.--Participating countries shall agree to evaluate means 
to provide housing incentives in the alien's home country for returning 
workers.

             TITLE V--NONIMMIGRANT TEMPORARY WORKER PROGRAM

SEC. 501. NONIMMIGRANT TEMPORARY WORKER CATEGORY.

    (a) New Temporary Worker Category.--Section 101(a)(15) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended by 
adding at the end the following:
                    ``(W) an alien having a residence in a foreign 
                country which the alien has no intention of abandoning 
                who is coming temporarily to the United States to 
                perform temporary labor or service, other than that 
                which would qualify an alien for status under sections 
                101(a)(15)(H)(i), 101(a)(15)(H)(ii)(a), 101(a)(15)(L), 
                101(a)(15)(O), 101(a)(15)(P), and who meets the 
                requirements of section 218A; or''.
    (b) Repeal of H-2b Category.--Section 101(a)(15)(H)(ii) is amended 
by striking ``, or (b) having a residence in a foreign country which he 
has no intention of abandoning who is coming temporarily to the United 
States to perform other temporary service or labor if unemployed 
persons capable of performing such service or labor cannot be found in 
this country, but this clause shall not apply to graduates of medical 
schools coming to the United States to perform services as members of 
the medical profession''.
    (c) Technical Amendments.--Section 101(a)(15) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
            (1) in subparagraph (U)(iii), by striking ``or'' at the 
        end; and
            (2) in subparagraph (V)(ii)(II), by striking the period at 
        the end and inserting a semicolon and ``or''.

SEC. 502. TEMPORARY WORKER PROGRAM.

    (a) In General.--The Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by inserting after section 218 the following new 
section:

``SEC. 218A. TEMPORARY WORKER PROGRAM.

    ``(a) In General.--The Secretary of State may grant a temporary 
visa to a nonimmigrant described in section 101(a)(15)(W) who 
demonstrates an intent to perform labor or services in the United 
States (other than those occupational classifications covered under the 
provisions of clause (i)(b) or (ii)(a) of section 101(a)(15)(H) or 
subparagraph (L), (O), (P), or (R)) of section 101(a)(15)).
    ``(b) Requirements for Admission.--In order to be eligible for 
nonimmigrant status under section 101(a)(15)(H)(W), an alien shall meet 
the following requirements:
            ``(1) Eligibility to work.--The alien shall establish that 
        the alien is capable of performing the labor or services 
        required for an occupation under section 101(a)(15)(W).
            ``(2) Evidence of employment.--The alien must establish 
        that he has a job offer from an employer authorized to hire 
        aliens under the Alien Employment Management Program.
            ``(3) Fee.--The alien shall pay a $500 visa issuance fee in 
        addition to the cost of processing and adjudicating such 
        application. Nothing in this paragraph shall be construed to 
        affect consular procedures for charging reciprocal fees.
            ``(4) Medical examination.--The alien shall undergo a 
        medical examination (including a determination of immunization 
        status) at the alien's expense, that conforms to generally 
        accepted standards of medical practice.
            ``(5) Application content and waiver.--
                    ``(A) Application form.--The Secretary of Homeland 
                Security shall create an application form that an alien 
                shall be required to complete as a condition of being 
                admitted as a nonimmigrant under section 101(a)(15)(W).
                    ``(B) Content.--In addition to any other 
                information that the Secretary determines is required 
                to determine an alien's eligibility for admission as a 
                nonimmigrant under section 101(a)(15)(W), the Secretary 
                shall require an alien to provide information 
                concerning the alien's physical and mental health, 
                criminal history and gang membership, immigration 
                history, involvement with groups or individuals that 
                have engaged in terrorism, genocide, persecution, or 
                who seek the overthrow of the United States Government, 
                voter registration history, claims to United States 
                citizenship, and tax history.
                    ``(C) Waiver.--The Secretary of Homeland Security 
                may require an alien to include with the application a 
                waiver of rights that explains to the alien that, in 
                exchange for the discretionary benefit of admission as 
                a nonimmigrant under section 101(a)(15)(W), the alien 
                agrees to waive any right--
                            ``(i) to administrative or judicial review 
                        or appeal of an immigration officer's 
                        determination as to the alien's admissibility; 
                        or
                            ``(ii) to contest any removal action, other 
                        than on the basis of an application for asylum 
                        pursuant to the provisions contained in section 
                        208 or 241(b)(3), or under the Convention 
                        Against Torture and Other Cruel, Inhuman or 
                        Degrading Treatment or Punishment, done at New 
                        York December 10, 1984, if such removal action 
                        is initiated after the termination of the 
                        alien's period of authorized admission as a 
                        nonimmigrant under section 101(a)(15)(W).
                    ``(D) Knowledge.--The Secretary of Homeland 
                Security shall require an alien to include with the 
                application a signed certification in which the alien 
                certifies that the alien has read and understood all of 
                the questions and statements on the application form, 
                and that the alien certifies under penalty of perjury 
                under the laws of the United States that the 
                application, and any evidence submitted with it, are 
                all true and correct, and that the applicant authorizes 
                the release of any information contained in the 
                application and any attached evidence for law 
                enforcement purposes.
    ``(c) Grounds of Inadmissibility.--
            ``(1) In general.--In determining an alien's admissibility 
        as a nonimmigrant under section 101(a)(15)(W)--
                    ``(A) paragraphs (5), (6)(A), (7), and (9)(B) or 
                (C) of section 212(a) may be waived for conduct that 
                occurred on a date prior to the effective date of this 
                Act; and
                    ``(B) the Secretary of Homeland Security may not 
                waive--
                            ``(i) subparagraph (A), (B), (C), (E), (G), 
                        (H), or (I) of section 212(a)(2) (relating to 
                        criminals);
                            ``(ii) section 212(a)(3) (relating to 
                        security and related grounds); or
                            ``(iii) subparagraphs (A), (C) or (D) of 
                        section 212(a)(10) (relating to polygamists, 
                        child abductors and illegal voters);
                    ``(C) for conduct that occurred prior to the date 
                this Act was introduced in Congress, the Secretary of 
                Homeland Security may waive the application of any 
                provision of section 212(a) not listed in subparagraph 
                (B) on behalf of an individual alien for humanitarian 
                purposes, to ensure family unity, or when such waiver 
                is otherwise in the public interest; and
                    ``(D) nothing in this paragraph shall be construed 
                as affecting the authority of the Secretary of Homeland 
                Security to waive the provisions of section 212(a).
            ``(2) Waiver fee.--An alien who is granted a waiver under 
        subparagraph (1) shall pay a $500 fee upon approval of the 
        alien's visa application.
            ``(3) Renewal of authorized admission and subsequent 
        admissions.--An alien seeking renewal of authorized admission 
        or subsequent admission as a nonimmigrant under section 
        101(a)(15)(W) shall establish that the alien is not 
        inadmissible under section 212(a).
    ``(d) Background Checks and Interview.--The Secretary of Homeland 
Security shall not admit, and the Secretary of State shall not issue a 
visa to, an alien seeking admission under section 101(a)(15)(W) until 
all appropriate background checks have been completed. The Secretary of 
State shall ensure that an employee of the Department of State conducts 
a personal interview of an applicant for a visa under section 
101(a)(15)(W).
    ``(e) Ineligible to Change Nonimmigrant Classification.--An alien 
admitted under section 101(a)(15)(W) is ineligible to change status 
under section 248.
    ``(f) Duration.--
            ``(1) General.--The period of authorized admission as a 
        nonimmigrant under 101(a)(15)(W) shall be 2 years, and may not 
        be extended. An alien is ineligible to reenter as an alien 
        under 101(a)(15)(W) until the alien has resided continuously in 
        the alien's home country for a period of 1 year. The total 
        period of admission as a nonimmigrant under section 
        101(a)(15)(W) may not exceed 6 years.
            ``(2) Seasonal workers.--An alien who spends less than 6 
        months a year as a nonimmigrant described in section 
        101(a)(15)(W) is not subject to the time limitations under 
        subparagraph (1).
            ``(3) Commuters.--An alien who resides outside the United 
        States, but who commutes to the United States to work as a 
        nonimmigrant described in section 101(a)(15)(W), is not subject 
        to the time limitations under paragraph (1).
            ``(4) Deferred mandatory departure.--An alien granted 
        Deferred Mandatory Departure status, who remains in the United 
        States under such status for--
                    ``(A) a period of 2 years, may not be granted 
                status as a nonimmigrant under section 101(a)(15)(W) 
                for more than a total of 5 years;
                    ``(B) a period of 3 years, may not be granted 
                status as a nonimmigrant under section 101(a)(15)(W) 
                for more than a total of 4 years;
                    ``(C) a period of 4 years, may not be granted 
                status as a nonimmigrant under section 101(a)(15)(W) 
                for more than a total of 3 years; or
                    ``(D) a period of 5 years, may not be granted 
                status as a nonimmigrant under section 101(a)(15)(W) 
                for more than a total of 2 years.
    ``(g) Intent to Return Home.--In addition to other requirements in 
this section, an alien is not eligible for nonimmigrant status under 
section 101(a)(15)(W) unless the alien--
            ``(1) maintains a residence in a foreign country which the 
        alien has no intention of abandoning; and
            ``(2) is present in such foreign country for at least 7 
        consecutive days during each year that the alien is a temporary 
        worker.
    ``(h) Biometric Documentation.--Evidence of status under section 
101(a)(15)(W) shall be machine-readable, tamper-resistant, and allow 
for biometric authentication. The Secretary of Homeland Security is 
authorized to incorporate integrated-circuit technology into the 
document. The Secretary of Homeland Security shall consult with the 
Forensic Document Laboratory in designing the document. The document 
may serve as a travel, entry, and work authorization document during 
the period of its validity.
    ``(i) Penalty for Failure to Depart.--An alien who fails to depart 
the United States prior to 10 days after the date that the alien's 
authorized period of admission as a temporary worker ends 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 section 
208 or 241(b)(3) or the Convention Against Torture and Other Cruel, 
Inhuman or Degrading Treatment or Punishment, done at New York December 
10, 1984, 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.
    ``(j) Penalty for Illegal Entry or Overstay.--An alien who, after 
the effective date of enactment of the Comprehensive Enforcement and 
Immigration Reform Act of 2005, enters the United States without 
inspection, or violates a term or condition of admission into the 
United States as a nonimmigrant, including overstaying the period of 
authorized admission, shall be ineligible for nonimmigrant status under 
section 101(a)(15)(W) or Deferred Mandatory Departure status under 
section 218B for a period of 10 years.
    ``(k) Establishment of Temporary Worker Task Force.--
            ``(1) In general.--There is established a task force to be 
        known as the Temporary Worker Task Force (referred to in this 
        section as the `Task Force').
            ``(2) Purposes.--The purposes of the Task Force are--
                    ``(A) to study the impact of the admission of 
                aliens under section 101(a)(15)(W) on the wages, 
                working conditions, and employment of United States 
                workers; and
                    ``(B) to make recommendations to the Secretary of 
                Labor regarding the need for an annual numerical 
                limitation on the number of aliens that may be admitted 
                in any fiscal year under section 101(a)(15)(W).
            ``(3) Membership.--The Task Force shall be composed of 10 
        members, of whom--
                    ``(A) 1 shall be appointed by the President and 
                shall serve as chairman of the Task Force;
                    ``(B) 1 shall be appointed by the leader of the 
                minority party in the Senate, in consultation with the 
                leader of the minority party in the House of 
                Representatives, and shall serve as vice chairman of 
                the Task Force;
                    ``(C) 2 shall be appointed by the majority leader 
                of the Senate;
                    ``(D) 2 shall be appointed by the minority leader 
                of the Senate;
                    ``(E) 2 shall be appointed by the Speaker of the 
                House of Representatives; and
                    ``(F) 2 shall be appointed by the minority leader 
                of the House of Representatives.
            ``(4) Qualifications.--
                    ``(A) In general.--Members of the Task Force shall 
                be--
                            ``(i) individuals with expertise in 
                        economics, demography, labor, business, or 
                        immigration or other pertinent qualifications 
                        or experience; and
                            ``(ii) representative of a broad cross-
                        section of perspectives within the United 
                        States, including the public and private 
                        sectors and academia.
                    ``(B) Political affiliation.--Not more than 5 
                members of the Task Force may be members of the same 
                political party.
                    ``(C) Nongovernmental appointees.--An individual 
                appointed to the Task Force may not be an officer or 
                employee of the Federal Government or of any State or 
                local government.
            ``(5) Deadline for appointment.--All members of the Task 
        Force shall be appointed not later than 6 months after the date 
        of enactment of the Comprehensive Enforcement and Immigration 
        Reform Act of 2005.
            ``(6) Vacancies.--Any vacancy in the Task Force shall not 
        affect its powers, but shall be filled in the same manner in 
        which the original appointment was made.
            ``(7) Meetings.--
                    ``(A) Initial meeting.--The Task Force shall meet 
                and begin the operations of the Task Force as soon as 
                practicable.
                    ``(B) Subsequent meetings.--After its initial 
                meeting, the Task Force shall meet upon the call of the 
                chairman or a majority of its members.
            ``(8) Quorum.--Six members of the Task Force shall 
        constitute a quorum.
            ``(9) Report.--Not later than 18 months after the date of 
        enactment of the Comprehensive Enforcement and Immigration 
        Reform Act of 2005, the Task Force shall submit to Congress, 
        the Secretary of Labor, and the Secretary of Homeland Security 
        a report that contains--
                    ``(A) findings with respect to the duties of the 
                Task Force;
                    ``(B) recommendations for imposing a numerical 
                limit.
            ``(10) Determination.--Not later than 6 months after the 
        submission of the report, the Secretary of Labor may impose a 
        numerical limitation on the number of aliens that may be 
        admitted under section 101(a)(15)(W). Any numerical limit shall 
        not become effective until 6 months after the Secretary of 
        Labor submits a report to Congress regarding the imposition of 
        a numerical limit.
    ``(l) Family Members.--
            ``(1) Family members of w nonimmigrants.--
                    ``(A) In general.--The spouse or child of an alien 
                admitted as a nonimmigrant under section 101(a)(15)(W) 
                may be admitted to the United States--
                            ``(i) as a nonimmigrant under section 
                        101(a)(15)(B) for a period of not more than 30 
                        days, which may not be extended unless the 
                        Secretary of Homeland Security, in his sole and 
                        unreviewable discretion, determines that 
                        exceptional circumstances exist; or
                            ``(ii) under any other provision of this 
                        Act, if such family member is otherwise 
                        eligible for such admission.
                    ``(B) Application fee.--
                            ``(i) In general.--The spouse or child of 
                        an alien admitted as a nonimmigrant under 
                        section 101(a)(15)(W) who is seeking to be 
                        admitted as a nonimmigrant under section 
                        101(a)(15)(B) shall submit, in addition to any 
                        other fee authorized by law, an additional fee 
                        of $100.
                            ``(ii) Use of fee.--The fees collected 
                        under clause (i) shall be available for use by 
                        the Secretary of Homeland Security for 
                        activities to identify, locate, or remove 
                        illegal aliens.
    ``(m) Travel Outside the United States.--
            ``(1) In general.--Under regulations established by the 
        Secretary of Homeland Security, a nonimmigrant alien under 
        section 101(a)(15)(W)--
                    ``(A) may travel outside of the United States; and
                    ``(B) may be readmitted without having to obtain a 
                new visa if the period of authorized admission has not 
                expired.
            ``(2) Effect on period of authorized admission.--Time spent 
        outside the United States under paragraph (1) shall not extend 
        the period of authorized admission in the United States.
    ``(n) Employment.--
            ``(1) Portability.--An alien may be employed by any United 
        States employer authorized by the Secretary of Homeland 
        Security to hire aliens admitted under section 218C.
            ``(2) Continuous employment.--An alien must be employed 
        while in the United States. An alien who fails to be employed 
        for 30 days is ineligible for hire until the alien departs the 
        United States and reenters as a nonimmigrant under section 
        101(a)(15)(W). The Secretary of Homeland Security may, in its 
        sole and unreviewable discretion, reauthorize an alien for 
        employment, without requiring the alien's departure from the 
        United States.
    ``(o) Enumeration of Social Security Number.--The Secretary of 
Homeland Security, in coordination with the Commissioner of Social 
Security, shall implement a system to allow for the enumeration of a 
Social Security number and production of a Social Security card at time 
of admission of an alien under section 101(a)(15)(W).
    ``(p) Denial of Discretionary Relief.--The determination of whether 
an alien is eligible for a grant of nonimmigrant status under section 
101(a)(15)(W) is solely within the discretion of the Secretary of 
Homeland Security. Notwithstanding any other provision of law, no court 
shall have jurisdiction to review--
            ``(1) any judgment regarding the granting of relief under 
        this section; or
            ``(2) any other decision or action of the Secretary of 
        Homeland Security the authority for which is specified under 
        this section to be in the discretion of the Secretary, other 
        than the granting of relief under section 1158(a).
    ``(q) Judicial Review.--
            ``(1) Limitations on relief.--Without regard to the nature 
        of the action or claim and without regard to the identity of 
        the party or parties bringing the action, no court may--
                    ``(A) enter declaratory, injunctive, or other 
                equitable relief in any action pertaining to--
                            ``(i) an order or notice denying an alien a 
                        grant of nonimmigrant status under section 
                        101(a)(15)(W) or any other benefit arising from 
                        such status; or
                            ``(ii) an order of removal, exclusion, or 
                        deportation entered against an alien if such 
                        order is entered after the termination of the 
                        alien's period of authorized admission as a 
                        nonimmigrant under section 101(a)(15)(W); or
                    ``(B) certify a class under Rule 23 of the Federal 
                Rules of Civil Procedure in any action for which 
                judicial review is authorized under a subsequent 
                paragraph of this subsection.
            ``(2) Challenges to validity.--
                    ``(A) In general.--Any right or benefit not 
                otherwise waived or limited pursuant this section is 
                available in an action instituted in the United States 
                District Court for the District of Columbia, but shall 
                be limited to determinations of--
                            ``(i) whether such section, or any 
                        regulation issued to implement such section, 
                        violates the Constitution of the United States; 
                        or
                            ``(ii) whether such a regulation, or a 
                        written policy directive, written policy 
                        guideline, or written procedure issued by or 
                        under the authority the Secretary of Homeland 
                        Security to implement such section, is not 
                        consistent with applicable provisions of this 
                        section or is otherwise in violation of law.''.
    (b) Prohibition on Change in Nonimmigrant Classification.--Section 
248(1) of the Immigration and Nationality Act (8 U.S.C. 1258(1)) is 
amended by striking ``or (S)'' and inserting ``(S), or (W)''.

SEC. 503. STATUTORY CONSTRUCTION.

    Nothing in this title, or any amendment made by this title, shall 
be construed to create any substantive or procedural right or benefit 
that is legally enforceable by any party against the United States or 
its agencies or officers or any other person.

SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $500,000,000 for 
facilities, personnel (including consular officers), training, 
technology and processing necessary to carry out the amendments made by 
this title.

       TITLE VI--MANDATORY DEPARTURE AND REENTRY IN LEGAL STATUS

SEC. 601. MANDATORY DEPARTURE AND REENTRY IN LEGAL STATUS.

    (a) In General.--The Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by inserting after section 218A, as added by 
section 502, the following new section:

``SEC. 218B. MANDATORY DEPARTURE AND REENTRY.

    ``(a) In General.--The Secretary of Homeland Security may grant 
Deferred Mandatory Departure status to aliens who are in the United 
States illegally to allow such aliens time to depart the United States 
and to seek admission as a nonimmigrant or immigrant alien.
    ``(b) Requirements.--
            ``(1) Presence.--An alien must establish that the alien was 
        physically present in the United States 1 year prior to the 
        date of the introduction of the Comprehensive Enforcement and 
        Immigration Reform Act of 2005 in Congress and has been 
        continuously in the United States since such date, and was not 
        legally present in the United States under any classification 
        set forth in section 101(a)(15) on that date.
            ``(2) Employment.--An alien must establish that the alien 
        was employed in the United States prior to the date of the 
        introduction of the Comprehensive Enforcement and Immigration 
        Reform Act of 2005, and has been employed in the United States 
        since that date.
            ``(3) Admissibility.--
                    ``(A) In general.--The alien must establish that 
                he--
                            ``(i) is admissible to the united states, 
                        except as provided as in (B); and
                            ``(ii) has not assisted in the persecution 
                        of any person or persons on account of race, 
                        religion, nationality, membership in a 
                        particular social group, or political opinion.
                    ``(B) Grounds not applicable.--The provisions of 
                paragraphs (5), (6)(A), and (7) of section 212(a) shall 
                not apply.
                    ``(C) Waiver.--The Secretary of Homeland Security 
                may waive any other provision of section 212(a), or a 
                ground of ineligibility under paragraph (4), in the 
                case of individual aliens for humanitarian purposes, to 
                assure family unity, or when it is otherwise in the 
                public interest.
            ``(4) Ineligible.--An alien is ineligible for Deferred 
        Mandatory Departure status if the alien--
                    ``(A) is subject to a final order or removal under 
                section 240;
                    ``(B) failed to depart the United States during the 
                period of a voluntary departure order under section 
                240B;
                    ``(C) has been issued a Notice to Appear under 
                section 239, unless the sole acts of conduct alleged to 
                be in violation of the law are that the alien is 
                removable under section 237(a)(1)(C) or is inadmissible 
                under section 212(a)(6)(A);
                    ``(D) is a resident of a country for which the 
                Secretary of State has made a determination that the 
                government of such country has repeatedly provided 
                support for acts of international terrorism under 
                section 6(j) of the Export Administration Act of 1979 
                (50 U.S.C. App. 2405(j)) or under section 620A of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2371); or
                    ``(E) fails to comply with any request for 
                information by the Secretary of Homeland Security.
            ``(5) Medical examination.--The alien may be required, at 
        the alien's expense, to undergo such a medical examination 
        (including a determination of immunization status) as is 
        appropriate and conforms to generally accepted professional 
        standards of medical practice.
            ``(6) Termination.--The Secretary of Homeland Security may 
        terminate an alien's Deferred Mandatory Departure status--
                    ``(A) if the Secretary of Homeland Security 
                determines that the alien was not in fact eligible for 
                such status; or
                    ``(B) if the alien commits an act that makes the 
                alien removable from the United States.
            ``(7) Application content and waiver.--
                    ``(A) Application form.--The Secretary of Homeland 
                Security shall create an application form that an alien 
                shall be required to complete as a condition of 
                obtaining Deferred Mandatory Departure status.
                    ``(B) Content.--In addition to any other 
                information that the Secretary determines is required 
                to determine an alien's eligibility for Deferred 
                Mandatory Departure, the Secretary shall require an 
                alien to answer questions concerning the alien's 
                physical and mental health, criminal history and gang 
                membership, immigration history, involvement with 
                groups or individuals that have engaged in terrorism, 
                genocide, persecution, or who seek the overthrow of the 
                United States government, voter registration history, 
                claims to United States citizenship, and tax history.
                    ``(C) Waiver.--The Secretary of Homeland Security 
                shall require an alien to include with the application 
                a waiver of rights that explains to the alien that, in 
                exchange for the discretionary benefit of obtaining 
                Deferred Mandatory Departure status, the alien agrees 
                to waive any right to administrative or judicial review 
                or appeal of an immigration officer's determination as 
                to the alien's eligibility, or to contest any removal 
                action, other than on the basis of an application for 
                asylum pursuant to the provisions contained in section 
                208 or 241(b)(3), or under the Convention Against 
                Torture and Other Cruel, Inhuman or Degrading Treatment 
                or Punishment, done at New York December 10, 1984.
                    ``(D) Knowledge.--The Secretary of Homeland 
                Security shall require an alien to include with the 
                application a signed certification in which the alien 
                certifies that the alien has read and understood all of 
                the questions and statements on the application form, 
                and that the alien certifies under penalty of perjury 
                under the laws of the United States that the 
                application, and any evidence submitted with it, are 
                all true and correct, and that the applicant authorizes 
                the release of any information contained in the 
                application and any attached evidence for law 
                enforcement purposes.
    ``(c) Implementation and Application Time Periods.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        ensure that the application process is secure and incorporates 
        anti-fraud protection. The Secretary of Homeland Security shall 
        interview an alien to determine eligibility for Deferred 
        Mandatory Departure status and shall utilize biometric 
        authentication at time of document issuance.
            ``(2) Initial receipt of applications.--The Secretary of 
        Homeland Security shall begin accepting applications for 
        Deferred Mandatory Departure status not later than 3 months 
        after the date of enactment of the Comprehensive Enforcement 
        and Immigration Reform Act of 2005.
            ``(3) Application.--An alien must submit an initial 
        application for Deferred Mandatory Departure status not later 
        than 6 months after the date of enactment of the Comprehensive 
        Enforcement and Immigration Reform Act of 2005. An alien that 
        fails to comply with this requirement is ineligible for 
        Deferred Mandatory Departure status.
            ``(4) Completion of processing.--The Secretary of Homeland 
        Security shall ensure that all applications for Deferred 
        Mandatory Departure status are processed not later than 12 
        months after the date of enactment of the Comprehensive 
        Enforcement and Immigration Reform Act of 2005.
    ``(d) Security and Law Enforcement Background Checks.--An alien may 
not be granted Deferred Mandatory Departure status unless the alien 
submits biometric data in accordance with procedures established by the 
Secretary of Homeland Security. The Secretary of Homeland Security may 
not grant Deferred Mandatory Departure status until all appropriate 
background checks are completed to the satisfaction of the Secretary of 
Homeland Security.
    ``(e) Acknowledgment.--An alien who applies for Deferred Mandatory 
Departure status shall submit to the Secretary of Homeland Security--
            ``(1) an acknowledgment made in writing and under oath that 
        the alien--
                    ``(A) is unlawfully present in the United States 
                and subject to removal or deportation, as appropriate, 
                under this Act; and
                    ``(B) understands the terms of the terms of 
                Deferred Mandatory Departure;
            ``(2) any Social Security account number or card in the 
        possession of the alien or relied upon by the alien;
            ``(3) any false or fraudulent documents in the alien's 
        possession.
    ``(f) Mandatory Departure.--
            ``(1) In general.--The Secretary of Homeland Security may, 
        in the Secretary's sole and unreviewable discretion, grant an 
        alien Deferred Mandatory Departure status for a period not to 
        exceed 5 years.
            ``(2) Registration at time of departure.--An alien granted 
        Deferred Mandatory Departure must depart prior to the 
        expiration of the period of Deferred Mandatory Departure 
        status. The alien must register with the Secretary of Homeland 
        Security at time of departure and surrender any evidence of 
        Deferred Mandatory Departure status at time of departure.
            ``(3) Return in legal status.--An alien who complies with 
        the terms of Deferred Mandatory Departure status and who 
        departs prior to the expiration of such status shall not be 
        subject to section 212(a)(9)(B) and, if otherwise eligible, may 
        immediately seek admission as a nonimmigrant or immigrant.
            ``(4) Failure to depart.--An alien who fails to depart the 
        United States prior to the expiration of Mandatory Deferred 
        Departure status is not eligible and may not apply for or 
        receive any immigration relief or benefit under this Act or any 
        other law for a period of 10 years, with the exception of 
        section 208 or 241(b)(3) or the Convention Against Torture and 
        Other Cruel, Inhuman or Degrading Treatment or Punishment, done 
        at New York December 10, 1984, 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.
            ``(5) Penalties for delayed departure.--An alien who fails 
        to depart immediately shall be subject to the following fees:
                    ``(A) No fine if the alien departs within the first 
                year after the grant of Deferred Mandatory Departure.
                    ``(B) $2,000 if the alien does not depart within 
                the second year after the grant of Deferred Mandatory 
                Departure.
                    ``(C) $3,000 if the alien does not depart within 
                the third year following the grant of Deferred 
                Mandatory Departure.
                    ``(D) $4,000 if the alien does not depart within 
                the fourth year following the grant of Deferred 
                Mandatory Departure.
                    ``(E) $5,000 if the alien does not depart during 
                the fifth year following the grant of Deferred 
                Mandatory Departure.
    ``(g) Evidence of Deferred Mandatory Departure Status.--Evidence of 
Deferred Mandatory Departure status shall be machine-readable, tamper-
resistant, and allow for biometric authentication. The Secretary of 
Homeland Security is authorized to incorporate integrated-circuit 
technology into the document. The Secretary of Homeland Security shall 
consult with the Forensic Document Laboratory in designing the 
document. The document may serve as a travel, entry, and work 
authorization document during the period of its validity. The document 
may be accepted by an employer as evidence of employment authorization 
and identity under section 274A(b)(1)(B).
    ``(h) Terms of Status.--
            ``(1) Reporting.--During the period of Deferred Mandatory 
        Departure, an alien shall comply with all registration 
        requirements under section 264.
            ``(2) Travel.--
                    ``(A) An alien granted Deferred Mandatory Departure 
                is not subject to section 212(a)(9) for any unlawful 
                presence that occurred prior to the Secretary of 
                Homeland Security granting the alien Deferred Mandatory 
                Departure status.
                    ``(B) Under regulations established by the 
                Secretary of Homeland Security, an alien granted 
                Deferred Mandatory Departure--
                            ``(i) may travel outside of the United 
                        States and may be readmitted if the period of 
                        Deferred Mandatory Departure status has not 
                        expired; and
                            ``(ii) must establish at the time of 
                        application for admission that the alien is 
                        admissible under section 212.
                    ``(C) Effect on period of authorized admission.--
                Time spent outside the United States under subparagraph 
                (B) shall not extend the period of Deferred Mandatory 
                Departure status.
            ``(3) Benefits.--During the period in which an alien is 
        granted Deferred Mandatory Departure under this section--
                    ``(A) the alien shall not be considered to be 
                permanently residing in the United States under the 
                color of law and shall be treated as a nonimmigrant 
                admitted under section 214; and
                    ``(B) the alien may be deemed ineligible for public 
                assistance by a State (as defined in section 
                101(a)(36)) or any political subdivision thereof which 
                furnishes such assistance.
    ``(i) Prohibition on Change of Status or Adjustment of Status.--An 
alien granted Deferred Mandatory Departure status is prohibited from 
applying to change status under section 248 or, unless otherwise 
eligible under section 245(i), from applying for adjustment of status 
to that of a permanent resident under section 245.
    ``(j) Application Fee.--
            ``(1) In general.--An alien seeking a grant of Deferred 
        Mandatory Departure status shall submit, in addition to any 
        other fees authorized by law, an application fee of $1,000.
            ``(2) Use of fee.--The fees collected under paragraph (1) 
        shall be available for use by the Secretary of Homeland 
        Security for activities to identify, locate, or remove illegal 
        aliens.
    ``(k) Family Members.--
            ``(1) Family members.--
                    ``(A) In general.--The spouse or child of an alien 
                granted Deferred Mandatory Departure status is subject 
                to the same terms and conditions as the principal 
                alien, but is not authorized to work in the United 
                States.
                    ``(B) Application fee.--
                            ``(i) In general.--The spouse or child of 
                        an alien seeking Deferred Mandatory Departure 
                        shall submit, in addition to any other fee 
                        authorized by law, an additional fee of $500.
                            ``(ii) Use of fee.--The fees collected 
                        under clause (i) shall be available for use by 
                        the Secretary of Homeland Security for 
                        activities to identify, locate, or remove 
                        aliens who are removable under section 237.
    ``(l) Employment.--
            ``(1) In general.--An alien may be employed by any United 
        States employer authorized by the Secretary of Homeland 
        Security to hire aliens under section 218C.
            ``(2) Continuous employment.--An alien must be employed 
        while in the United States. An alien who fails to be employed 
        for 30 days is ineligible for hire until the alien has departed 
        the United States and reentered. The Secretary of Homeland 
        Security may, in the Secretary's sole and unreviewable 
        discretion, reauthorize an alien for employment without 
        requiring the alien's departure from the United States.
    ``(m) Enumeration of Social Security Number.--The Secretary of 
Homeland Security, in coordination with the Commissioner of the Social 
Security System, shall implement a system to allow for the enumeration 
of a Social Security number and production of a Social Security card at 
the time the Secretary of Homeland Security grants an alien Deferred 
Mandatory Departure status.
    ``(n) Penalties for False Statements in Application for Deferred 
Mandatory Departure.--
            ``(1) Criminal penalty.--
                    ``(A) Violation.--It shall be unlawful for any 
                person--
                            ``(i) to file or assist in filing an 
                        application for adjustment of status under this 
                        section and knowingly and willfully falsify, 
                        misrepresent, conceal, or cover up a material 
                        fact or make any false, fictitious, or 
                        fraudulent statements or representations, or 
                        make or use any false writing or document 
                        knowing the same to contain any false, 
                        fictitious, or fraudulent statement or entry; 
                        or
                            ``(ii) to create or supply a false writing 
                        or document for use in making such an 
                        application.
                    ``(B) Penalty.--Any person who violates 
                subparagraph (A) shall be fined in accordance with 
                title 18, United States Code, imprisoned not more than 
                5 years, or both.
            ``(2) Inadmissibility.--An alien who is convicted of a 
        crime under paragraph (1) shall be considered to be 
        inadmissible to the United States on the ground described in 
        section 212(a)(6)(C)(i).
    ``(o) Relation to Cancellation of Removal.--With respect to an 
alien granted Deferred Mandatory Departure status under this section, 
the period of such status shall not be counted as a period of physical 
presence in the United States for purposes of section 240A(a), unless 
the Secretary of Homeland Security determines that extreme hardship 
exists.
    ``(p) Waiver of Rights.--An alien is not eligible for Deferred 
Mandatory Departure status, unless the alien has waived any right to 
contest, other than on the basis of an application for asylum or 
protection under the Convention Against Torture and Other Cruel, 
Inhuman or Degrading Treatment or Punishment, done at New York December 
10, 1984, any action for deportation or removal of the alien that is 
instituted against the alien subsequent to a grant of Deferred 
Mandatory Departure status.
    ``(q) Denial of Discretionary Relief.--The determination of whether 
an alien is eligible for a grant of Deferred Mandatory Departure status 
is solely within the discretion of the Secretary of Homeland Security. 
Notwithstanding any other provision of law, no court shall have 
jurisdiction to review--
            ``(1) any judgment regarding the granting of relief under 
        this section; or
            ``(2) any other decision or action of the Secretary of 
        Homeland Security the authority for which is specified under 
        this section to be in the discretion of the Secretary, other 
        than the granting of relief under section 1158(a).
    ``(r) Judicial Review.--
            ``(1) Limitations on relief.--Without regard to the nature 
        of the action or claim and without regard to the identity of 
        the party or parties bringing the action, no court may--
                    ``(A) enter declaratory, injunctive, or other 
                equitable relief in any action pertaining to--
                            ``(i) an order or notice denying an alien a 
                        grant of Deferred Mandatory Departure status or 
                        any other benefit arising from such status; or
                            ``(ii) an order of removal, exclusion, or 
                        deportation entered against an alien after a 
                        grant of Deferred Mandatory Departure status; 
                        or
                    ``(B) certify a class under Rule 23 of the Federal 
                Rules of Civil Procedure in any action for which 
                judicial review is authorized under a subsequent 
                paragraph of this subsection.
            ``(2) Challenges to validity.--
                    ``(A) In general.--Any right or benefit not 
                otherwise waived or limited pursuant this section is 
                available in an action instituted in the United States 
                District Court for the District of Columbia, but shall 
                be limited to determinations of--
                            ``(i) whether such section, or any 
                        regulation issued to implement such section, 
                        violates the Constitution of the United States; 
                        or
                            ``(ii) whether such a regulation, or a 
                        written policy directive, written policy 
                        guideline, or written procedure issued by or 
                        under the authority the Secretary of Homeland 
                        Security to implement such section, is not 
                        consistent with applicable provisions of this 
                        section or is otherwise in violation of law.''.
    (b) Conforming Amendment.--Amend section 237(a)(2)(A)(i)(II) of the 
Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(A)(i)(II)) is 
amended by striking the period at the end and inserting ``(or 6 months 
in the case of an alien granted Deferred Mandatory Departure status 
under section 218B),''.

SEC. 602. STATUTORY CONSTRUCTION.

    Nothing in this title, or any amendment made by this title, shall 
be construed to create any substantive or procedural right or benefit 
that is legally enforceable by any party against the United States or 
its agencies or officers or any other person.

SEC. 603. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $1,000,000,000 for 
facilities, personnel (including consular officers), training, 
technology, and processing necessary to carry out the amendments made 
by this title.

             TITLE VII--ALIEN EMPLOYMENT MANAGEMENT SYSTEM

SEC. 701. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.

    The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended by inserting after section 218B, as added by section 601, the 
following new section:

``SEC. 218C. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.

    ``(a) Establishment.--
            ``(1) Purpose.--The Secretary of Homeland Security, in 
        consultation with the Secretary of Labor, the Secretary of 
        State, and the Commissioner of Social Security, shall develop 
        and implement a program to authorize, manage and track the 
        employment of aliens described in section 218A or 218B.
            ``(2) Deadline.--The program under subsection (a) shall 
        commence prior to any alien being admitted under section 
        101(a)(15)(W) or granted Deferred Mandatory Departure under 
        section 218B.
    ``(b) Requirements.--The program shall--
            ``(1) enable employers who seek to hire aliens described in 
        section 218A or 218B to apply for authorization to employ such 
        aliens;
            ``(2) be interoperable with Social Security databases and 
        must provide a means of immediately verifying the identity and 
        employment authorization of an alien described in section 218A 
        or 218B, for purposes of complying with title III of the 
        Comprehensive Enforcement and Immigration Reform Act of 2005;
            ``(3) require an employer to utilize readers or scanners at 
        the location of employment or at a Federal facility to transmit 
        the biometric and biographic information contained in the 
        alien's evidence of status to the Secretary of Homeland 
        Security, for purposes of complying with title III of the 
        Comprehensive Enforcement and Immigration Reform Act of 2005; 
        and
            ``(4) collect sufficient information from employers to 
        enable the Secretary of Homeland Security to identify--
                    ``(A) whether an alien described in section 218A or 
                218B is employed;
                    ``(B) any employer that has hired an alien 
                described in section 218A or 218B;
                    ``(C) the number of aliens described in section 
                218A or 218B that an employer is authorized to hire and 
                is currently employing; and
                    ``(D) the occupation, industry and length of time 
                that an alien described in section 218A or 218B has 
                been employed in the United States.
    ``(c) Authorization to Hire Aliens Described in Section 218A or 
218B.--
            ``(1) Application.--An employer must apply, through the 
        program described in subsection (a) of this section, to obtain 
        authorization to hire aliens described in section 218A or 218B.
            ``(2) Penalties.--An employer who employs an alien 
        described in section 218A or 218B without authorization is 
        subject to the same penalties and provisions as an employer who 
        violates section 274(a)(1)(A) or (a)(2). An employer shall be 
        subject to penalties prescribed by the Secretary of Homeland 
        Security by regulation, which may include monetary penalties 
        and debarment from eligibility to hire aliens described in 
        section 218A or 218B.
            ``(3) Eligibility.--An employer must establish that it is a 
        legitimate company and must attest that it will comply with the 
        terms of the program established under subsection (a).
            ``(4) Number of aliens authorized.--An employer may request 
        authorization to multiple aliens described in section 218A or 
        218B.
            ``(5) Electronic form.--The program established under 
        subsection (a) shall permit employers to submit applications 
        under this subsection in an electronic form.
    ``(d) Notification Upon Termination of Employment.--An employer, 
through the program established under subsection (a), must notify the 
Secretary of Homeland Security not more than 3 business days after the 
date of the termination of the alien's employment. The employer is not 
authorized to fill the position with another alien described in section 
218A or 218B until the employer notifies the Secretary of Homeland 
Security that the alien is no longer employed by that employer.
    ``(e) Protection of United States Workers.--An employer may not be 
authorized to hire an alien described in section 218A or 218B until the 
employer submits an attestation stating the following:
            ``(1) The employer has posted the position in a national, 
        electronic job registry maintained by the Secretary of Labor, 
        for not less than 30 days.
            ``(2) The employer has offered the position to any eligible 
        United States worker who applies and is equally or better 
        qualified for the job for which a temporary worker is sought 
        and who will be available at the time and place of need. An 
        employer shall maintain records for not less than 1 year 
        demonstrating that why United States workers who applied were 
        not hired.
            ``(3) The employer shall comply with the terms of the 
        program established under subsection (a), including the terms 
        of any temporary worker monitoring program established by the 
        Secretary.
            ``(4) The employer shall not hire more aliens than the 
        number authorized by the Secretary of Homeland Security has 
        authorized it to hire.
            ``(5) The worker shall be paid at least the greater of the 
        hourly wage prescribed under section 6(a)(1) of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable 
        State minimum wage. All wages will be paid in a timely manner 
        and all payroll records will be maintained accurately.
            ``(6) The employment of a temporary worker shall not 
        adversely affect the working conditions of other similarly 
        employed United States workers.
    ``(f) Approval.--After determining that there are no United States 
workers who are qualified and willing to obtain the employment for 
which the employer is seeking temporary workers, the Secretary of 
Homeland Security may approve the application submitted by the employer 
under this paragraph for the number of temporary workers that the 
Secretary determines are required by the employer. Such approval shall 
be valid for a 2-year period.''.

SEC. 702. LABOR INVESTIGATIONS.

    (a) In General.--The Secretary of Homeland Security and the 
Secretary of Labor shall conduct audits, including random audits, of 
employers who employ aliens described under section 218A or 218B of the 
Immigration and Nationality Act, as added by section 502 and 601, 
respectively.
    (b) Penalties.--The Secretary of Homeland Security shall establish 
penalties, which may include debarment from eligibility for hire also 
described under section 218A, as added by section 502 of this Act, 
218B, as added by section 601 of this Act, for employers who fail to 
comply with section 218C of the Immigration and Nationality Act as 
added by section 701 of this Act, and shall establish protections for 
aliens who report employers who fail to comply with such section.

            TITLE VIII--PROTECTION AGAINST IMMIGRATION FRAUD

SEC. 801. GRANTS TO SUPPORT PUBLIC EDUCATION AND TRAINING.

    (a) General Program Purpose.--The purpose of this title is to 
assist qualified non-profit community organizations to educate, train, 
and support non-profit agencies, immigrant communities, and other 
interested entities regarding this Act and the amendments made by this 
Act.
    (b) Purposes for Which Grants May Be Used.--The grants under this 
part shall be used to fund public education, training, technical 
assistance, government liaison, and all related costs (including 
personnel and equipment) incurred by non-profit community organizations 
in providing services related to this Act, and to educate, train and 
support non-profit organizations, immigrant communities, and other 
interested parties regarding this Act and the amendments made by this 
Act and on matters related to its implementation. In particular, 
funding shall be provided to non-profit organizations for the purposes 
of--
            (1) educating immigrant communities and other interested 
        entities on the individuals and organizations that can provide 
        authorized legal representation in immigration matters under 
        regulations prescribed by the Secretary of Homeland Security, 
        and on the dangers of securing legal advice and assistance from 
        those who are not authorized to provide legal representation in 
        immigration matters;
            (2) educating interested entities on the requirements for 
        obtaining non-profit recognition and accreditation to represent 
        immigrants under regulations prescribed by the Secretary of 
        Homeland Security, and providing non-profit agencies with 
        training and technical assistance on the recognition and 
        accreditation process; and
            (3) educating non-profit community organizations, immigrant 
        communities and other interested entities on the process for 
        obtaining benefits under this Act or an amendment made by this 
        Act, and the availability of authorized legal representation 
        for low-income persons who may qualify for benefits under this 
        Act of an amendment made by this Act.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Office of Justice Programs at the United States 
Department of Justice to carry out this section--
            (1) $40,000,000 for fiscal year 2006;
            (2) $40,000,000 for fiscal year 2007; and
            (3) $40,000,000 for fiscal year 2008.
    (d) In General.--The Office of Justice Programs shall ensure, to 
the extent possible, that the non-profit community organizations funded 
under this Section shall serve geographically diverse locations and 
ethnically diverse populations who may qualify for benefits under the 
Act.

                      TITLE IX--CIRCULAR MIGRATION

SEC. 901. INVESTMENT ACCOUNTS.

    (a) In General.--Section 201 of the Social Security Act (42 U.S.C. 
401) is amended by adding at the end the following:
    ``(o)(1) Notwithstanding any other provision of this section, the 
Secretary of the Treasury shall transfer at least quarterly from the 
Federal Old-Age and Survivors Insurance Trust Fund and the Federal 
Disability Insurance Trust Fund 100 percent of the temporary worker 
taxes to the Temporary Worker Investment Fund for deposit in a 
temporary worker investment account for each temporary worker as 
specified in section 253.
    ``(2) For purposes of this subsection--
            ``(A) the term `temporary worker taxes' means that portion 
        of the amounts appropriated to the Federal Old-Age and 
        Survivors Insurance Trust Fund and the Federal Disability 
        Insurance Trust Fund under this section and properly 
        attributable to the wages (as defined in section 3121 of the 
        Internal Revenue Code of 1986) and self-employment income (as 
        defined in section 1402 of such Code) of temporary workers as 
        determined by the Commissioner of Social Security; and
            ``(B) the term `temporary worker' means an alien who is 
        admitted to the United States as a nonimmigrant under section 
        101(a)(15)(W) of the Immigration and Nationality Act.''.
    (b) Temporary Worker Investment Accounts.--Title II of the Social 
Security Act (42 U.S.C. 401 et seq.) is amended--
            (1) by inserting before section 201 the ``PART A--SOCIAL 
        SECURITY''; and
            (2) by adding at the end the following:

            ``Part II--Temporary Worker Investment Accounts

                             ``definitions

    ``Sec. 251. For purposes of this part:
            ``(1) Covered employer.--The term `covered employer' means, 
        for any calendar year, any person on whom an excise tax is 
        imposed under section 3111 of the Internal Revenue Code of 1986 
        with respect to having an individual in the person's employ to 
        whom wages are paid by such person during such calendar year.
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of the Treasury.
            ``(3) Temporary worker.--The term `temporary worker' an 
        alien who is admitted to the United States as a nonimmigrant 
        under section 101(a)(15)(W) of the Immigration and Nationality 
        Act.
            ``(4) Temporary worker investment account.--The term 
        `temporary worker investment account' means an account for a 
        temporary worker which is administered by the Secretary through 
        the Temporary Worker Investment Fund.
            ``(5) Temporary worker investment fund.--The term 
        `Temporary Worker Investment Fund' means the fund established 
        under section 253.

                 ``temporary worker investment accounts

    ``Sec. 252. (a) In General.--A temporary worker investment account 
shall be established by the Secretary in the Temporary Worker 
Investment Fund for each individual not later than 10 business days 
after the covered employer of such individual submits a W-4 form (or 
any successor form) identifying such individual as a temporary worker.
    ``(b) Time Account Takes Effect.--A temporary worker investment 
account established under subsection (a) shall take effect with respect 
to the first pay period beginning more than 14 days after the date of 
such establishment.
    ``(c) Temporary Worker's Property Right in Temporary Worker 
Investment Account.--The temporary worker investment account 
established for a temporary worker is the sole property of the worker.

                   ``temporary worker investment fund

    ``Sec. 253. (a) In General.--There is created on the books of the 
Treasury of the United States a trust fund to be known as the 
`Temporary Worker Investment Fund' to be administered by the Secretary. 
Such Fund shall consist of the assets transferred under section 201(o) 
to each temporary worker investment account established under section 
252 and the income earned under subsection (e) and credited to such 
account.
    ``(b) Notice of Contributions.--The full amount of a temporary 
worker`s investment account transfers shall be shown on such worker's 
W-2 tax statement, as provided in section 6051(a)(14) of the Internal 
Revenue Code of 1986.
    ``(c) Investment Earnings Report.--
            ``(1) In general.--At least annually, the Temporary Worker 
        Investment Fund shall provide to each temporary worker with a 
        temporary worker investment account managed by the Fund a 
        temporary worker investment status report. Such report may be 
        transmitted electronically upon the agreement of the temporary 
        worker under the terms and conditions established by the 
        Secretary.
            ``(2) Contents of report.--The temporary worker investment 
        status report, with respect to a temporary worker investment 
        account, shall provide the following information:
                    ``(A) The total amounts transferred under section 
                201(o) in the last quarter, the last year, and since 
                the account was established.
                    ``(B) The amount and rate of income earned under 
                subsection (e) for each period described in 
                subparagraph (A).
    ``(d) Maximum Administrative Fee.--The Temporary Worker Investment 
Fund shall charge each temporary worker in the Fund a single, uniform 
annual administrative fee not to exceed 0.3 percent of the value of the 
assets invested in the worker's account.
    ``(e) Investment Duties of Secretary.--The Secretary shall 
establish policies for the investment and management of temporary 
worker investment accounts, including policies that shall provide for 
prudent Federal Government investment instruments suitable for 
accumulating funds.

          ``temporary worker investment account distributions

    ``Sec. 254. (a) Date of Distribution.--Except as provided in 
subsections (b) and (c), a distribution of the balance in a temporary 
worker investment account may only be made on or after the date such 
worker departs the United States and abandons such worker's 
nonimmigrant status under section 101(a)(15)(W) of the Immigration and 
Nationality Act and returns to the worker's home country.
    ``(b) Distribution in the Event of Death.--If the temporary worker 
dies before the date determined under subsection (a), the balance in 
the worker`s account shall be distributed to the worker's estate under 
rules established by the Secretary.''.
    (c) Temporary Worker Investment Account Transfers Shown on W-2s.--
            (1) In general.--Section 6051(a) of the Internal Revenue 
        Code of 1986 (relating to receipts for employees) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (12);
                    (B) by striking the period at the end of paragraph 
                (13) and inserting ``; and''; and
                    (C) by inserting after paragraph (13) the 
                following:
            ``(14) in the case of a temporary worker (as defined in 
        section 251(1) of the Social Security Act), of the amount shown 
        pursuant to paragraph (6), the total amount transferred to such 
        worker's temporary worker investment account under section 
        201(o) of such Act.''.
            (2) Conforming amendments.--Section 6051 of the Internal 
        Revenue Code of 1986 is amended--
                    (A) in subsection (a)(6), by inserting ``and paid 
                as tax under section 3111'' after ``section 3101''; and
                    (B) in subsection (c), by inserting ``and paid as 
                tax under section 3111'' after ``section 3101''.

                       TITLE X--BACKLOG REDUCTION

SEC. 1001. EMPLOYMENT BASED IMMIGRANTS.

    (a) Employment-Based Immigrant Limit.--Section 201(d) of the 
Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read 
as follows:
    ``(d) Worldwide Level of Employment-Based Immigrants.--The 
worldwide level of employment-based immigrants under this subsection 
for a fiscal year is equal to the sum of--
            ``(1) 140,000;
            ``(2) the difference between the maximum number of visas 
        authorized to be issued under this subsection during the 
        previous fiscal year and the number of visas issued during the 
        previous fiscal year;
            ``(3) the difference between--
                    ``(A) the maximum number of visas authorized to be 
                issued under this subsection during fiscal years 2001 
                through 2005 and the number of visa numbers issued 
                under this subsection during those years; and
                    ``(B) the number of visas described in subparagraph 
                (A) that were issued after fiscal year 2005; and
            ``(4) the number of visas previously made available under 
        section 203(e).''.
    (b) Diversity Visa Termination.--The allocation of immigrant visas 
to aliens under section 203(c) of the Immigration and Nationality Act 
(8 U.S.C. 1153(c)), and the admission of such aliens to the United 
States as immigrants, is terminated. This provision shall become 
effective on October 1st of the fiscal year following enactment of this 
Act.
    (c) Immigration Task Force.--
            (1) In general.--There is established a task force to be 
        known as the Immigration Task Force (referred to in this 
        section as the ``Task Force'').
            (2) Purposes.--The purposes of the Task Force are--
                    (A) to study the impact of the delay between the 
                date on which an application for immigration is 
                submitted and the date on which a determination on such 
                application is made;
                    (B) to study the impact of immigration of workers 
                to the United States on family unity; and
                    (C) to provide to Congress any recommendations of 
                the Task Force regarding increasing the number 
                immigrant visas issued by the United States for family 
                members and on the basis of employment.
            (3) Membership.--The Task Force shall be composed of 10 
        members, of whom--
                    (A) 1 shall be appointed by the President and shall 
                serve as chairman of the Task Force;
                    (B) 1 shall be appointed by the leader of the 
                minority party in the Senate, in consultation with the 
                leader of the minority party in the House of 
                Representatives, and shall serve as vice chairman of 
                the Task Force;
                    (C) 2 shall be appointed by the majority leader of 
                the Senate;
                    (D) 2 shall be appointed by the minority leader of 
                the Senate;
                    (E) 2 shall be appointed by the Speaker of the 
                House of Representatives; and
                    (F) 2 shall be appointed by the minority leader of 
                the House of Representatives.
            (4) Qualifications.--
                    (A) In general.--Members of the Task Force shall 
                be--
                            (i) individuals with expertise in 
                        economics, demography, labor, business, or 
                        immigration or other pertinent qualifications 
                        or experience; and
                            (ii) representative of a broad cross-
                        section of perspectives within the United 
                        States, including the public and private 
                        sectors and academia.
                    (B) Political affiliation.--Not more than 5 members 
                of the Task Force may be members of the same political 
                party.
                    (C) Nongovernmental appointees.--An individual 
                appointed to the Task Force may not be an officer or 
                employee of the Federal Government or of any State or 
                local government.
            (5) Deadline for appointment.--All members of the Task 
        Force shall be appointed not later than 6 months after the date 
        of enactment of this Act.
            (6) Vacancies.--Any vacancy in the Task Force shall not 
        affect its powers, but shall be filled in the same manner in 
        which the original appointment was made.
            (7) Meetings.--
                    (A) Initial meeting.--The Task Force shall meet and 
                begin the operations of the Task Force as soon as 
                practicable.
                    (B) Subsequent meetings.--After its initial 
                meeting, the Task Force shall meet upon the call of the 
                chairman or a majority of its members.
            (8) Quorum.--Six members of the Task Force shall constitute 
        a quorum.
            (9) Report.--Not later than 18 months after the date of 
        enactment of this Act, the Task Force shall submit to Congress, 
        the Secretary of Labor, and the Secretary of Homeland Security 
        a report that contains--
                    (A) findings with respect to the duties of the Task 
                Force; and
                    (B) recommendations for modifying the numerical 
                limits on the number immigrant visas issued by the 
                United States for family members of individuals in the 
                United States and on the basis of employment.

SEC. 1002. COUNTRY LIMITS.

    Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 
1152(a)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``, (4), and (5)'' and inserting 
                ``and (4)''; and
                    (B) by striking ``7 percent (in the case of a 
                single foreign state) or 2 percent'' and inserting ``10 
                percent (in the case of a single foreign state) or 5 
                percent''; and
            (2) by striking paragraph (5).

SEC. 1003. ALLOCATION OF IMMIGRANT VISAS.

    (a) Preference Allocation for Employment-based Immigrants.--Section 
203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is 
amended--
            (1) in paragraph (1), by striking ``28.6 percent'' and 
        inserting ``10 percent'';
            (2) in paragraph (2)(A), by striking ``28.6 percent'' and 
        inserting ``10 percent'';
            (3) in paragraph (3)(A)--
                    (A) by striking ``28.6 percent'' and inserting ``35 
                percent''; and
                    (B) by striking clause (iii);
            (4) by striking paragraph (4);
            (5) by redesignating paragraph (5) as paragraph (4);
            (6) in paragraph (4)(A), as redesignated, by striking ``7.1 
        percent'' and inserting ``4 percent'';
            (7) by inserting after paragraph (4), as redesignated, the 
        following:
            ``(5) Other workers.--Visas shall be made available, in a 
        number not to exceed 36 percent of such worldwide level, plus 
        any visa numbers not required for the classes specified in 
        paragraphs (1) through (4), to qualified immigrants who are 
        capable, at the time of petitioning for classification under 
        this paragraph, of performing unskilled labor that is not of a 
        temporary or seasonal nature, for which qualified workers are 
        determined to be unavailable in the United States''; and
            (8) by striking paragraph (6).
    (b) Conforming Amendments.--
            (1) Definition of special immigrant.--Section 101(a)(27)(M) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(27)(M)) is amended by striking ``subject to the 
        numerical limitations of section 203(b)(4),''.
            (2) Repeal of temporary reduction in workers' visas.--
        Section 203(e) of the Nicaraguan Adjustment and Central 
        American Relief Act (8 U.S.C. 1153 note) is repealed.

                TITLE XI--TEMPORARY AGRICULTURAL WORKERS

SEC. 1101. SENSE OF THE SENATE ON TEMPORARY AGRICULTURAL WORKERS.

    It is the sense of the Senate that consideration of any 
comprehensive immigration reform during the 109th Congress will include 
agricultural workers.
                                 <all>