[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2117 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2117

 To clarify the circumstances under which a person born in the United 
States is subject to the jurisdiction of the United States, to provide 
 for criminal penalties for forging Federal documents, to establish a 
  National Border Neighborhood Watch Program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 15, 2005

  Mr. Inhofe introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To clarify the circumstances under which a person born in the United 
States is subject to the jurisdiction of the United States, to provide 
 for criminal penalties for forging Federal documents, to establish a 
  National Border Neighborhood Watch Program, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Engaging the 
Nation to Fight for Our Right to Control Entry Act'' or the ``ENFORCE 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
          TITLE I--NATIONAL BORDER NEIGHBORHOOD WATCH PROGRAM

Sec. 101. National Border Neighborhood Watch Program.
Sec. 102. BRAVE Force.
Sec. 103. Civilian volunteers.
Sec. 104. Liability of BRAVE Force employees and civilian volunteers.
Sec. 105. Authorization of appropriations.
                      TITLE II--CRIMINAL PENALTIES

Sec. 201. Forgery of Federal documents.
Sec. 202. Civil and criminal penalties for aliens unlawfully present in 
                            the United States.
 TITLE III--ESTABLISHMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT FIELD 
                                 OFFICE

Sec. 301. Findings.
Sec. 302. Establishment of field office in Tulsa, Oklahoma.
               TITLE IV--IMMIGRATION ENFORCEMENT TRAINING

Sec. 401. Immigration enforcement training demonstration project.
Sec. 402. Expansion of program.
Sec. 403. Authorization of appropriations.
                          TITLE V--CITIZENSHIP

Sec. 501. Short title.
Sec. 502. Purpose.
Sec. 503. Citizenship at birth for children of non-citizen, non-
                            permanent resident aliens.
      TITLE VI--GUARANTEEING UNIFORM ENFORCEMENT TO STOP TERRORISM

                  Subtitle A--Identification Standards

Sec. 601. Identification standard for Federal benefits.
Sec. 602. Independent verification of birth records provided in support 
                            of applications for Social Security account 
                            numbers.
Sec. 603. Electronic birth and death registration systems.
                Subtitle B--Reversing Unlawful Migration

Sec. 611. Limited duration Social Security account numbers for 
                            nonimmigrants.
Sec. 612. Mandatory notification of Social Security account number 
                            mismatches and multiple uses.
Sec. 613. No Social Security credit for work performed while unlawfully 
                            present.
Sec. 614. Reducing individual taxpayer identification number abuse.
Sec. 615. Limited eligibility for tax credits.
Sec. 616. Penalty for failure to file correct information returns.
Sec. 617. Clarification of inherent authority of State and local law 
                            enforcement.
Sec. 618. Immigration and Customs Enforcement response to requests for 
                            assistance from State and local law 
                            enforcement.
                         Subtitle C--Technology

Sec. 621. Construction of fencing and security improvements in border 
                            area from Pacific Ocean to Gulf of Mexico.
Sec. 622. Study and report on the use of technology to prevent unlawful 
                            immigration.
                     TITLE VII--DAY LABORER CENTERS

Sec. 701. Use of day laborer center to secure employment for illegal 
                            aliens.
Sec. 702. Notification.
Sec. 703. Referrals to the IRS.
Sec. 704. Amendments to Immigration and Nationality Act.
Sec. 705. Amendment to Personal Responsibility and Work Opportunity 
                            Reconciliation Act of 1996.
        TITLE VIII--HIGHER EDUCATION BENEFITS FOR ILLEGAL ALIENS

Sec. 801. Limitation on eligibility.

          TITLE I--NATIONAL BORDER NEIGHBORHOOD WATCH PROGRAM

SEC. 101. NATIONAL BORDER NEIGHBORHOOD WATCH PROGRAM.

    The Commissioner of the United States Customs and Border Protection 
(referred to in this title as the ``USCBP'') shall establish a National 
Border Neighborhood Watch Program (referred to in this title as the 
``NBNW Program'') to permit retired law enforcement officers and 
civilian volunteers to combat illegal immigration into the United 
States.

SEC. 102. BRAVE FORCE.

    (a) Establishment.--There is established in the USCBP a Border 
Regiment Assisting in Valuable Enforcement Force (referred to in this 
title as ``BRAVE Force''), which shall consist of retired law 
enforcement officers, to carry out the NBNW Program.
    (b) Retired Law Enforcement Officers.--In this section, the term 
``retired law enforcement officer'' means an individual who--
            (1) has retired from employment as a Federal, State, or 
        local law enforcement officer; and
            (2) has not reached the Social Security retirement age (as 
        defined in section 216(l) of the Social Security Act (42 U.S.C. 
        416(l)).
    (c) Effect on Personnel Caps.--Employees of BRAVE Force hired to 
carry out the NBNW Program shall be considered as additional agents and 
shall not count against the USCBP personnel caps.
    (d) Retired Annuitants.--An employee of BRAVE Force who has worked 
for the Federal Government shall be considered a rehired annuitant and 
shall have no reduction in annuity as a result of salary payment for 
such employees' service in the NBNW Program.

SEC. 103. CIVILIAN VOLUNTEERS.

    (a) In General.--The USCBP shall provide the opportunity for 
civilian volunteers to assist in carrying out the purposes of the NBNW 
Program.
    (b) Organization.--Not less than 3 civilian volunteers in the NBNW 
Program may report to each employee of BRAVE Force.
    (c) Reporting.--A civilian volunteer shall report a violation of 
Federal immigration law to the appropriate employee of BRAVE Force as 
soon as possible after observing such violation.
    (d) Reimbursement.--A civilian volunteer participating in the NBNW 
Program shall be eligible for reimbursement by the USCBP for expenses 
related to carrying out the duties of the NBNW Program.

SEC. 104. LIABILITY OF BRAVE FORCE EMPLOYEES AND CIVILIAN VOLUNTEERS.

    (a) Civilians.--A civilian volunteer participating in the NBNW 
Program shall not be entitled to any immunity from personal liability 
by virtue of the volunteer's participation in the NBNW Program.
    (b) Employees.--An employee of the BRAVE Force shall not be liable 
for the actions of a civilian volunteer participating in the NBNW 
Program.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this title.

                      TITLE II--CRIMINAL PENALTIES

SEC. 201. FORGERY OF FEDERAL DOCUMENTS.

    (a) In General.--Chapter 25 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 515. Federal records, documents, and writings, generally
    ``Any person who--
            ``(1) falsely makes, alters, forges, or counterfeits any 
        Federal record, Federal document, Federal writing, or record, 
        document, or writing characterizing, or purporting to 
        characterize, official Federal activity, service, contract, 
        obligation, duty, property, or chose;
            ``(2) utters or publishes as true, or possesses with intent 
        to utter or publish as true, any record, document, or writing 
        described in paragraph (1), knowing, or negligently failing to 
        know, that such record, document, or writing has not been 
        verified, has been inconclusively verified, is unable to be 
        verified, or is false, altered, forged, or counterfeited;
            ``(3) transmits to, or presents at any office, or to any 
        officer, of the United States, any record, document, or writing 
        described in paragraph (1), knowing, or negligently failing to 
        know, that such record, document, or writing has not been 
        verified, has been inconclusively verified, is unable to be 
        verified, or is false, altered, forged, or counterfeited;
            ``(4) attempts, or conspires to commit, any of the acts 
        described in paragraphs (1) through (3); or
            ``(5) while outside of the United States, engages in any of 
        the acts described in paragraphs (1) through (3),
shall be fined under this title, imprisoned not more than 10 years, or 
both.''.
    (b) Clerical Amendment.--The table of contents for chapter 25 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 514 the following:

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

SEC. 202. CIVIL AND CRIMINAL PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN 
              THE UNITED STATES.

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

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

    ``Sec. 275A. (a) In General.--In addition to any other penalty, an 
alien who is present in the United States in violation of this Act 
shall be guilty of a felony and shall be fined under title 18, United 
States Code, imprisoned not less than 1 year, or both. The assets of 
any alien present in the United States in violation of this Act shall 
be subject to forfeiture under title 18, United States Code.
    ``(b) Defense.--It shall be an affirmative defense to a violation 
of subsection (a) that the alien overstayed the time allotted under the 
visa due to an exceptional and extremely unusual hardship or physical 
illness that prevented the alien from leaving the United States by the 
required date.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by inserting after the item relating to section 275 
        the following:

        ``Sec. 275A. Criminal penalties and forfeiture for unlawful 
                            presence in the United States.''.
    (b) Increase in Criminal Penalties for Illegal Entry.--Section 
275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)) is 
amended by striking ``not more than 6 months,'' and inserting ``not 
less than 1 year,''.

 TITLE III--ESTABLISHMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT FIELD 
                                 OFFICE

SEC. 301. FINDINGS.

    Congress finds the following:
            (1) On July 17, 2002, 18 aliens who were present in the 
        United States illegally, including 3 minors, were taken into 
        custody by the Tulsa County Sheriff's Department. The aliens 
        were later released by officials of the former Immigration and 
        Naturalization Service.
            (2) On August 13, 2002, an immigration task force meeting 
        convened in Tulsa, Oklahoma, with the goal of bringing together 
        local law enforcement and the Immigration and Naturalization 
        Service to open a dialogue to find effective ways to better 
        enforce Federal immigration laws in the first District of 
        Oklahoma.
            (3) On January 22, 2003, 4 new agents at the Immigration 
        and Naturalization Service office in Oklahoma City were hired.
            (4) On January 30, 2003, Oklahoma's Immigration and 
        Naturalization Service office added 6 new special agents to 
        their staff.
            (5) On September 22, 2004, officials of the Bureau of 
        Immigration and Customs Enforcement of the Department of 
        Homeland Security authorized the release of 18 individuals who 
        may have been present in the United States illegally and were 
        in the custody of the police department of the City of Catoosa, 
        Oklahoma. Catoosa Police stopped a truck carrying 18 
        individuals, including children, in the early morning hours on 
        that date. Only 2 of the individuals produced identification. 
        One adult was arrested on drug possession charges and the 
        remaining individuals were released.
            (6) Oklahoma has 1 Office of Investigations of the Bureau 
        of Immigration and Customs Enforcement, which is located in 
        Oklahoma City. In 2005, 12 agents of the Bureau of Immigration 
        and Customs Enforcement served the 3,500,000 people residing in 
        Oklahoma.
            (7) Highway I-44 and U.S.-75 are major roads through Tulsa, 
        Oklahoma, that are used to transport illegal aliens to all 
        areas of the United States.
            (8) The establishment of a field office of the Office of 
        Investigations of the Bureau of Immigration and Customs 
        Enforcement in Tulsa, Oklahoma, will help enforce Federal 
        immigration laws in Eastern Oklahoma.
            (9) Seven agents of the Drug Enforcement Administration and 
        an estimated 22 agents of the Federal Bureau of Investigation 
        are assigned to duty stations in Tulsa, Oklahoma, and there are 
        no agents of the Bureau of Immigration and Customs Enforcement 
        who are assigned to a duty station in Tulsa, Oklahoma.

SEC. 302. ESTABLISHMENT OF FIELD OFFICE IN TULSA, OKLAHOMA.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Homeland Security shall establish a field office of 
the Office of Investigations of the Bureau of Immigration and Customs 
Enforcement in Tulsa, Oklahoma.

               TITLE IV--IMMIGRATION ENFORCEMENT TRAINING

SEC. 401. IMMIGRATION ENFORCEMENT TRAINING DEMONSTRATION PROJECT.

    (a) In General.--
            (1) Authority.--The Secretary of Homeland Security is 
        authorized to provide assistance to the President of Cameron 
        University, located in Lawton, Oklahoma, to establish and 
        implement the demonstration project (referred to in this title 
        as the ``Project'') described in this title.
            (2) Purpose.--The purposes of the Project shall be to 
        assess the feasibility of establishing a nationwide e-learning 
        training course, covering basic immigration law enforcement 
        issues, to be used by State, local, and tribal law enforcement 
        officers in order to improve and enhance the ability of such 
        officers, during their routine course of duties, to assist 
        Federal immigration officers in the enforcement of immigration 
        laws of the United States.
    (b) Project Director Responsibilities.--The Project shall be 
carried out by the Project Director, who shall--
            (1) develop an online, e-learning Web site that--
                    (A) provides State, local, and tribal law 
                enforcement officers access to the e-learning training 
                course;
                    (B) enrolls officers in the e-learning training 
                course;
                    (C) records the performance of officers on the 
                course;
                    (D) tracks officers' proficiency in learning the 
                course's concepts;
                    (E) ensures a high level of security; and
                    (F) encrypts personal and sensitive information;
            (2) develop an e-learning training course that--
                    (A) entails not more than 4 hours of training;
                    (B) is accessible through the on-line, e-learning 
                Web site developed under paragraph (1);
                    (C) covers the basic principles and practices of 
                immigration law and the policies that relate to the 
                enforcement of immigration laws;
                    (D) includes instructions about--
                            (i) employment-based and family-based 
                        immigration;
                            (ii) the various types of nonimmigrant 
                        visas;
                            (iii) the differences between immigrant and 
                        nonimmigrant status;
                            (iv) the differences between lawful and 
                        unlawful presence;
                            (v) the criminal and civil consequences of 
                        unlawful presence;
                            (vi) the various grounds for removal;
                            (vii) the types of false identification 
                        commonly used by illegal and criminal aliens;
                            (viii) the common methods of alien 
                        smuggling and groups that commonly participate 
                        in alien smuggling rings;
                            (ix) the inherent legal authority of local 
                        law enforcement officers to enforce federal 
                        immigration laws; and
                            (x) detention and removal procedures, 
                        including expeditious removal; and
                    (E) is accessible through the secure, encrypted on-
                line, e-learning Web site not later than 90 days of the 
                date of enactment of this Act, and
                    (F) incorporates content similar to that covered in 
                the 4-hour training course provided by the employees of 
                the Immigration and Naturalization Service to Alabama 
                State Troopers during 2003, in addition to the training 
                given pursuant to an agreement by the State under 
                section 287(g) of the Immigration and Nationality Act 
                (8 U.S.C. 1357(g)); and
            (3) assess the feasibility of expanding to State, local, 
        and tribal law enforcement agencies throughout the Nation the 
        on-line, e-learning Web site, including the e-learning training 
        course, by using on-line technology.
    (c) Period of Project.--The Project Director shall carry out the 
demonstration project for a 2-year period beginning 90 days after the 
date of enactment of this Act.
    (d) Participation in Project.--The Project Director shall carry out 
the demonstration project by enrolling in the e-learning training 
course State, local, and tribal law enforcement officers from--
            (1) Alabama;
            (2) Colorado;
            (3) Florida;
            (4) Oklahoma;
            (5) Texas; and
            (6) at least 1, but not more than 3, other States.
    (e) Participating Officers.--
            (1) Number.--A total of 100,000 officers shall have access 
        to, enroll in, and complete the e-learning training course 
        provided under the Project.
            (2) Apportionment.--The number of officers who are selected 
        to participate in the Project shall be apportioned according to 
        the State populations of the participating States.
            (3) Selection.--Participation in the Project shall--
                    (A) be equally apportioned between State, county, 
                and municipal law enforcement agency officers;
                    (B) include, when practicable, a significant subset 
                of tribal law enforcement officers; and
                    (C) include officers from urban, rural, and highly 
                rural areas.
            (4) Recruitment.--Recruitment of participants shall begin 
        immediately, and occur concurrently, with the e-learning 
        training course's establishment and implementation.
            (5) Limitation on participation.--Officers shall be 
        ineligible to participate in the demonstration project if they 
        are employed by a State, local, or tribal law enforcement 
        agency that--
                    (A) has in effect a statute, policy, or practice 
                that prohibits its law enforcement officers from 
                cooperating with Federal immigration enforcement 
                agents; or
                    (B) is otherwise in contravention of section 642(a) 
                of the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1373(a)).
            (6) Additional requirements.--The law enforcement officers 
        selected to participate in the e-learning training course 
        provided under the Project--
                    (A) shall undergo standard vetting procedures, 
                pursuant to the Federal Law Enforcement Training Center 
                Distributed Learning Program, to ensure that each 
                individual is a bona fide law enforcement officer; and
                    (B) shall be granted continuous access, throughout 
                the 2-year period of the Project, to on-line course 
                material and other training and reference resources 
                accessible through the on-line, e-learning Web site.
    (f) Report.--
            (1) In general.--Not later than the end of the 2-year 
        period described in subsection (c), the Project Director shall 
        submit a report on the participation of State, local, and 
        tribal law enforcement officers in the Project's e-learning 
        training course to--
                    (A) the Committee on the Judiciary of the Senate;
                    (B) the Committee on the Judiciary of the House of 
                Representatives;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (D) the Committee on Homeland Security of the House 
                of Representatives.
            (2) Matters to be included.--The report submitted under 
        paragraph (1) shall include--
                    (A) an estimate of the cost savings realized by 
                offering training through the e-learning training 
                course instead of the residential classroom method;
                    (B) an estimate of the difference between the 
                100,000 law enforcement officers who received training 
                through the e-learning training course and the number 
                of law enforcement officers who could have received 
                training through the residential classroom method in 
                the same 2-year period;
                    (C) the effectiveness of the e-learning training 
                course with respect to student-officer performance;
                    (D) the convenience afforded student-officers with 
                respect to their ability to access the e-learning 
                training course at their own convenience and to return 
                to the on-line, e-learning Web site for refresher 
                training and reference; and
                    (E) the ability of the on-line, e-learning Web site 
                to safeguard the student officers' private and personal 
                information while providing supervisors with 
                appropriate information about student performance and 
                course completion.

SEC. 402. EXPANSION OF PROGRAM.

    (a) In General.--After the completion of the Project, the Secretary 
of Homeland Security shall--
            (1) continue to make available the on-line, e-learning Web 
        site and the e-learning training course developed in the 
        Project;
            (2) annually enroll 100,000 new State, local, and tribal 
        law enforcement officers in such e-learning training course; 
        and
            (3) consult with Congress regarding the addition, 
        substitution, or removal of States eligible to participate in 
        such e-learning training course.
    (b) Limitation on Participation.--An individual is ineligible to 
participate in the expansion of the Project established under this 
title if the individual is employed by a State, local, or tribal law 
enforcement agency that--
            (1) has in effect a statute, policy, or practice that 
        prohibits its law enforcement officers from cooperating with 
        Federal immigration enforcement agents; or
            (2) is otherwise in contravention of section 642(a) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1373(a)).

SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 2006.--There are authorized to be appropriated 
$3,000,000 to the Secretary of Homeland Security in fiscal year 2006 to 
carry out this title.
    (b) Subsequent Fiscal Years.--There are authorized to be 
appropriated in fiscal year 2007, and each subsequent fiscal year, such 
sums as may be necessary to continue to operate, promote, and recruit 
participants for the Project and the expansion of the Project under 
this title.
    (c) Availability of Funds.--Funds appropriated under this section 
shall remain available until expended.

                          TITLE V--CITIZENSHIP

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Citizenship Reform Act of 2005''.

SEC. 502. PURPOSE.

    The purpose of this title is to clarify that citizenship at birth 
is available to a child born in the United States to a parent who is a 
citizen of the United States or a permanent resident alien in the 
United States.

SEC. 503. CITIZENSHIP AT BIRTH FOR CHILDREN OF NON-CITIZEN, NON-
              PERMANENT RESIDENT ALIENS.

    (a) In General.--Chapter 1 of title III of the Immigration and 
Nationality Act (8 U.S.C. 1401 et seq.) is amended--
            (1) in section 301, by striking ``The following'' and 
        inserting ``Except as otherwise provided under section 309A, 
        the following''; and
            (2) by adding at the end the following:

``SEC. 309A. CHILDREN BORN TO NATIONAL OF THE UNITED STATES OR TO ALIEN 
              LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED 
              STATES.

    ``For purposes of section 301(a), a person born in the United 
States shall be considered to be `subject to the jurisdiction of the 
United States' only if the child was born in the United States to 
parents, one of whom is--
            ``(1) a national of the United States; or
            ``(2) an alien who is lawfully admitted for permanent 
        residence and maintains his or her residence in the United 
        States.''.
    (b) Effective Date.--The amendments made by this section shall 
apply only to individuals born on or after the date of enactment of 
this Act.

      TITLE VI--GUARANTEEING UNIFORM ENFORCEMENT TO STOP TERRORISM

                  Subtitle A--Identification Standards

SEC. 601. IDENTIFICATION STANDARD FOR FEDERAL BENEFITS.

    (a) Federal Agencies.--No department, agency, commission, other 
entity, or employee of the Federal Government may, for the purpose of 
establishing identity, accept, recognize, rely on, or authorize the 
acceptance, recognition, or reliance on, any document not described in 
subsection (c).
    (b) State and Local Agencies.--No department, agency, commission, 
other entity, or employee of a State or local government charged with 
providing or approving applications for public benefits or services 
funded in whole or in part with Federal funds may, for the purpose of 
establishing identity, accept, recognize, rely on, or authorize the 
acceptance, recognition, or reliance on, any document except those 
described in subsection (c).
    (c) Documents Described.--Documents described in this subsection 
are--
            (1) a valid, unexpired United States passport, immigration 
        document, and other identity document issued by a Federal 
        authority, excluding an individual taxpayer identification 
        number issued by the Internal Revenue Service;
            (2) a valid, unexpired driver's license or identification 
        card (as such terms are defined in section 201 of the REAL ID 
        Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 30301 
        note)) issued by a State, if the State--
                    (A) is in compliance with the minimum standards for 
                the issuance of a driver's license or an identification 
                card set forth in title II of the REAL ID Act of 2005 
                (49 U.S.C. 30301 note); or
                    (B)(i) statutorily bars issuance of a driver's 
                license or identification card to an alien who is 
                unlawfully present in the United States; and
                    (ii) requires independent verification with the 
                issuing agency of records provided by the applicant in 
                support of the application for a driver's license or 
                identification card; and
            (3) valid, unexpired foreign passports, if such passports 
        include, or are accompanied by, proof of lawful presence in the 
        United States.

SEC. 602. INDEPENDENT VERIFICATION OF BIRTH RECORDS PROVIDED IN SUPPORT 
              OF APPLICATIONS FOR SOCIAL SECURITY ACCOUNT NUMBERS.

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

SEC. 603. ELECTRONIC BIRTH AND DEATH REGISTRATION SYSTEMS.

    (a) Establishment.--The Secretary of Homeland Security, in 
consultation with the Secretary of Health and Human Services and the 
Commissioner of Social Security, shall--
            (1) work with the States to establish a common data set and 
        common data exchange protocol for electronic birth registration 
        systems and death registration systems;
            (2) coordinate requirements for such systems to align with 
        a national model;
            (3) ensure that fraud prevention is built into the design 
        of such systems to prevent fraud related to 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 a person requiring such documents can quickly 
        confirm the validity of such documents;
            (5) establish and implement uniform field requirements for 
        State birth registries to be included in such systems and such 
        requirements may not require the utilization of biometric 
        identifiers;
            (6) not later than 6 months after the date of enactment of 
        this Act, submit a report to Congress regarding--
                    (A) the need for Federal laws to address penalties 
                for fraud and misuse of vital records; and
                    (B) the sufficiency of the enforcement of such 
                violations;
            (7) not later than 1 year after the date of enactment of 
        this Act, establish--
                    (A) a process with the Secretary of Defense to 
                share data with the States and the Social Security 
                Administration regarding deaths of United States 
                military personnel and the birth and death of the 
                dependents of such personnel; and
                    (B) a process with the Secretary of State to 
                improve registration, notification, and the sharing of 
                data with the States and the Social Security 
                Administration regarding births and deaths of United 
                States citizens abroad; and
            (8) not later than 3 years after the establishment of the 
        systems under this section, require States to record and retain 
        electronic records of pertinent identification information 
        collected from requesters who are not the registrants.
    (b) Electronic Verification of Vital Events.--
            (1) Lead agency.--The Secretary of Homeland Security shall 
        coordinate the implementation of electronic verification of a 
        person's birth and death.
            (2) Rulemaking.--
                    (A) In general.--In carrying out paragraph (1), the 
                Secretary shall issue regulations to establish 
                procedures for authorized Federal and State agency 
                users may use a single interface to generate an 
                electronic query to any participating vital records 
                jurisdiction throughout the United States to verify the 
                contents of a paper birth certificate.
                    (B) Notification.--The regulations issued under 
                subparagraph (A) shall require each participating vital 
                records jurisdiction to provide an electronic response 
                to inform the inquirer--
                            (i) if a birth record in the database of 
                        such jurisdiction matches the paper birth 
                        certificate; and
                            (ii) if the matching birth record has been 
                        flagged ``deceased''.
                    (C) Effective date.--The regulations issued under 
                this paragraph shall take effect not later than 5 years 
                after the date of enactment of this Act.
    (c) Grants to States.--The Secretary of Homeland Security may award 
grants to States to assist the States in participating in the systems 
referred to in this section.
    (d) Authority.--All authority to issue regulations, certify 
standards, and issue grants under this section shall be carried out by 
the Secretary of Homeland Security, with the concurrence of the 
Secretary of Health and Human Services and in consultation with State 
vital statistics offices and appropriate Federal agencies.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security for each of the 
fiscal years 2006 through 2009 such sums as may be necessary to carry 
out this section.

                Subtitle B--Reversing Unlawful Migration

SEC. 611. LIMITED DURATION SOCIAL SECURITY ACCOUNT NUMBERS FOR 
              NONIMMIGRANTS.

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

SEC. 612. MANDATORY NOTIFICATION OF SOCIAL SECURITY ACCOUNT NUMBER 
              MISMATCHES AND MULTIPLE USES.

    (a) Notification of Mismatched Name and Social Security Account 
Number.--
            (1) Employer notification.--Not less frequently than once 
        each year, the Commissioner of Social Security shall provide a 
        notification to each United States employer with one or more 
        employees whom the Commissioner has determined have a Social 
        Security account number that does not match the name or date of 
        birth of each such employee in the Commissioner's records.
            (2) Employee notification.--The notification under 
        paragraph (1) shall--
                    (A) instruct an employer to inform an employee 
                described in paragraph (1) that if the employee fails 
                to correct the information related to the employee's 
                Social Security account number with the Commissioner 
                within a period of 10 business days, the employer will 
                be required to terminate the employment of such 
                employee; and
                    (B) prohibit the employer from terminating such 
                employment prior to the conclusion of such 10-day 
                period, unless the employee admits that the employee 
                fraudulently obtained a Social Security account number.
    (b) Notification of Multiple Uses of Individual Social Security 
Account Numbers.--
            (1) In general.--The Commissioner of Social Security may 
        not credit any individual with concurrent earnings from more 
        than 1 employer before notifying the individual that earnings 
        from 2 or more employers are being reported under the 
        individual's Social Security account number.
            (2) Contents of notice.--Notice under paragraph (1) shall--
                    (A) include the name and location of each employer;
                    (B) direct the individual to--
                            (i) contact the Social Security 
                        Administration to present proof that the 
                        individual is the person to whom the Social 
                        Security account number was issued; and
                            (ii) if applicable, to present a pay stub 
                        or other documentation showing that such 
                        individual is employed by all employers 
                        reporting earnings to that Social Security 
                        account number.

SEC. 613. NO SOCIAL SECURITY CREDIT FOR WORK PERFORMED WHILE UNLAWFULLY 
              PRESENT.

    Title II of the Social Security Act (42 U.S.C. 401 et seq.) is 
amended--
            (1) in section 214(c)(1), by striking ``at the time of 
        assignment, or at any later time'' and inserting ``at the time 
        any such quarters of coverage are earned''; and
            (2) in section 223(a)(1)(C)(i), by striking ``at the time 
        of assignment, or at any later time'' and inserting ``at the 
        time any quarters of coverage are earned''.

SEC. 614. REDUCING INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER ABUSE.

    (a) Modified Format and Lawful Presence Requirement.--
            (1) In general.--Section 6109(c) of the Internal Revenue 
        Code of 1986 is amended to read as follows:
    ``(c) Requirement of Information.--
            ``(1) In general.--For purposes of this section, the 
        Secretary is authorized to require from any person such 
        information as may be necessary to assign an identifying 
        number.
            ``(2) Separate from social security account numbers.--Any 
        identifying number assigned by the Secretary shall be comprised 
        of a sequence of numerals and dashes that is visually 
        distinguishable from, and will not be mistaken for, a Social 
        Security account number.
            ``(3) Verification of status for aliens.--Prior to issuing 
        any identifying number, the Secretary shall verify with the 
        Secretary of Homeland Security that the applicant for such 
        number is lawfully present in the United States.''.
            (2) Effective date.--Section 6109(c)(2) of the Internal 
        Revenue Code of 1986, as added by paragraph (1), shall take 
        effect on the expiration of the date which is 30 days after the 
        date of enactment of this Act.
    (b) Information Sharing.--
            (1) In general.--Section 6103(i)(3) of the Internal Revenue 
        Code of 1986 is amended by adding at the end the following:
                    ``(D) Possible violations of federal immigration 
                law.--The Secretary shall disclose, in electronic 
                format to the Secretary of Homeland Security, the 
                taxpayer identity of each taxpayer who has been 
                assigned an individual taxpayer identification number. 
                The Secretary of Homeland Security may disclose such 
                information to officers and employees of the Department 
                to the extent necessary to enforce Federal immigration 
                laws.''
            (2) Effective date.--The Secretary of the Treasury shall 
        disclose information under the amendment made by paragraph (1) 
        not later than 60 days after the date of enactment of this Act.

SEC. 615. LIMITED ELIGIBILITY FOR TAX CREDITS.

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

SEC. 616. PENALTY FOR FAILURE TO FILE CORRECT INFORMATION RETURNS.

    (a) Penalties for Egregious Noncompliance Employers.--Section 6721 
of the Internal Revenue Code is amended--
            (1) by striking subsections (b), (c), and (d);
            (2) by redesignating subsection (e) as subsection (b); and
            (3) by adding at the end the following:
    ``(c) Penalty for Egregious Noncompliance of Employers.--The 
Secretary shall assess the maximum allowable penalties on each 
employer--
            ``(1) designated in any taxable year by the Social Security 
        Administration as 1 of the most egregious noncompliant 
        employers; and
            ``(2) whose noncompliance was either willful or resulted 
        from gross negligence.''.
    (b) Standard Compliance Program.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary of the Treasury, in 
        consultation with the Commissioner of Social Security and the 
        Secretary of Homeland Security, shall implement a regularly 
        scheduled program for proposing, assessing, and collecting 
        penalties from persons who include incorrect information in tax 
        returns filed under the Internal Revenue Code of 1986, if such 
        information was included either willfully or through gross 
        negligence.
            (2) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of the Treasury shall 
        submit a report to Congress on the results of the program 
        required under paragraph (1), including--
                    (A) the total number of filers who submitted 
                incorrect information returns;
                    (B) the number of incorrect information returns 
                submitted by such filers;
                    (C) the total amount of penalties proposed, 
                assessed, and collected through the program; and
                    (D) the number of waivers granted to filers of 
                incorrect information returns.

SEC. 617. CLARIFICATION OF INHERENT AUTHORITY OF STATE AND LOCAL LAW 
              ENFORCEMENT.

    Notwithstanding any other provision of law and reaffirming the 
existing inherent authority of States, law enforcement personnel of a 
State or a political subdivision of a State have the inherent authority 
of a sovereign entity to apprehend, arrest, detain, or transfer to 
Federal custody, aliens in the United States (including the 
transportation of such aliens across State lines to detention centers), 
in the enforcement of the immigration laws of the United States.

SEC. 618. IMMIGRATION AND CUSTOMS ENFORCEMENT RESPONSE TO REQUESTS FOR 
              ASSISTANCE FROM STATE AND LOCAL LAW ENFORCEMENT.

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

                      ``custody of illegal aliens

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

                         Subtitle C--Technology

SEC. 621. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS IN BORDER 
              AREA FROM PACIFIC OCEAN TO GULF OF MEXICO.

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

SEC. 622. STUDY AND REPORT ON THE USE OF TECHNOLOGY TO PREVENT UNLAWFUL 
              IMMIGRATION.

    (a) Study.--The Secretary of Homeland Security shall conduct a 
study of available technology, including radar animal detection 
systems, that could be utilized to increase the security of the 
international borders of the United States and to permit law 
enforcement officials to detect and prevent illegal immigration.
    (b) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to Congress a report on the study carried out under subsection (a). The 
report shall include the recommendations of the Secretary related to 
the efficacy of the technologies studied.

                     TITLE VII--DAY LABORER CENTERS

SEC. 701. USE OF DAY LABORER CENTER TO SECURE EMPLOYMENT FOR ILLEGAL 
              ALIENS.

    It shall be unlawful for any person to operate a day laborer center 
if the person knows, or reasonably should know, that the center is 
being used to secure employment for aliens who are not authorized to 
work in the United States.

SEC. 702. NOTIFICATION.

    If any employee of the Department of Homeland Security is notified 
of the presence, at a specific location, of a group of aliens who may 
be in the United States in violation of any provision of the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.)--
            (1) the employee shall notify the appropriate investigative 
        authority of the Department; and
            (2) such authority shall investigate the violation and 
        enforce, to the fullest extent possible, all applicable 
        immigration, employment, tax, and other laws against employers, 
        illegal workers, and day labor center operators and managers.

SEC. 703. REFERRALS TO THE IRS.

    Any investigative authority of the Department of Homeland Security 
conducting an investigation under section 702(2) shall provide relevant 
information obtained through such investigation to the appropriate 
investigative authority of the Internal Revenue Service to further 
investigate all tax evasion violations by employers or illegal workers 
using the day labor site for a hiring arrangement.

SEC. 704. AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended--
            (1) in subsection (a)(1)--
                    (A) by amending subparagraph (A) to read as 
                follows:
                    ``(A)(i) to hire, recruit, or refer an alien for 
                employment in the United States, knowing or having 
                reason to know that the alien is an unauthorized alien 
                (as defined in subsection (h)(3)) with respect to such 
                employment; or
                    ``(ii) to provide services intended to assist an 
                alien in obtaining employment in the United States, 
                knowing or having reason to know that the alien is an 
                unauthorized alien; or'';
                    (B) in subparagraph (B), by amending clause (ii) to 
                read as follows:
                    ``(ii) if the person or entity is an agricultural 
                association, agricultural employer, farm labor 
                contractor (as defined in section 3 of the Migrant and 
                Seasonal Agricultural Worker Protection Act (29 U.S.C. 
                1802), or an entity providing employment services, to 
                hire, recruit, or refer an individual for employment in 
                the United States in violation of the requirements of 
                subsection (b).'';
            (2) in subsection (b)(3)(A) by striking ``for a fee'';
            (3) in subsection (e)(4)(B)(i), by striking ``for a fee''; 
        and
            (4) in subsection (h)(2), by striking ``or recruit or refer 
        for a fee'' and inserting ``recruit, or refer''.

SEC. 705. AMENDMENT TO PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY 
              RECONCILIATION ACT OF 1996.

    Section 411(c)(1)(B) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(c)(1)(B)) is 
amended by inserting ``employment services,'' after ``unemployment 
benefit,''.

        TITLE VIII--HIGHER EDUCATION BENEFITS FOR ILLEGAL ALIENS

SEC. 801. LIMITATION ON ELIGIBILITY.

    Section 505 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1623) is amended--
            (1) in subsection (a), by striking ``on the basis of 
        residence'' and all that follows and inserting ``for any 
        postsecondary education benefit unless every citizen or 
        national of the United States is entitled to such a benefit in 
        an amount, duration, and scope that is not less than the 
        benefit available to the alien without regard to whether the 
        citizen or national is a resident of the State or has attended 
        or graduated from a school in the State.'';
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting after subsection (a) the following:
    ``(b) Private Cause of Action.--
            ``(1) In general.--Any citizen or national of the United 
        States who is attending, or is enrolled in, a postsecondary 
        educational institution alleged to have violated subsection (a) 
        may commence a civil action in a court of competent 
        jurisdiction, to enforce the terms of subsection (a), against--
                    ``(A) any official of the State agency that governs 
                such postsecondary educational institutions; or
                    ``(B) the postsecondary educational institution.
            ``(2) Fees and costs.--If an individual described in 
        paragraph (1) establishes a violation of subsection (a) to the 
        satisfaction of the court, the court shall--
                    ``(A) provide all appropriate relief to the 
                individual; and
                    ``(B) award attorney fees and costs to the 
                individual.''.
                                 <all>